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Appeals by Special Leave from the Judgments and Order dated the 19 4 1976, 24 12 76, 7 12 76, 17 1 77, 30 11 76, 22 11 76, 19 5 76, 8 2 77 in Crl.
No. 53/75, 294/74, 258/76, 1707/ 76, 86/76, 212/76, 82/75 231/76 and 1603/76 239/76 respectively.
V. Gupte, Attorney General of India In C.A. 216 , K. R. Nambiar for the Appellant in C.As.
Sudhakaran for Appellant in Crl. A. 218/76.
204 , H. R. Khanna and M. N. Shroff for the Appellant in Crl. A. 204/76, 307/77 and 32/78.
C. Bhandare, B. P. Singh and A. K. Srivastava for Respondent No. 1 in Crl.
No. 1 in Crl.
Veena Devi Khanna and V. N. Ganpule for Respondent No. 1 in Crl. A. No. 36/78.
No. A. No. 204 and R. 1 in Crl.
A. No.
Revision Petitions Nos. 383, 294/74 and Crl.
Petition Appln.
678/75, Crl.
Nos. 278/76, 408 410/77, 429, 372/77, 33 36/78.
Revision 216 and 217/76.
S. Desai, in CA.
Mukherjee and S. K. Sabharwal for Respondent in Crl. A. 34/78.
S. Nambiar for Respondent in Crl. A. 216/76.
A No., 278/76.
Vepa Sarathy and P. K. Pillai fort Respondent A.35/ 78.
P. Mukherjee for Intervener in Cr. A. N. Shroff and H. S. Parihar, for the Intervener in Crl.
This larger Bench was companystituted for examining the companyrectness of the above view.
Ganatra V. B. , 1.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
216 218 of 1976.
Appeals by Special Leave from the Judgments and Orders dated the 12 2 1975, 17 2 1975 and 8 7 1975 in Crl.
No. 570/75 respectively and CRIMINAL APPEAL Nos. 204/76, 32/78 AND 307/77 Appeals by Special Leave from the Judgments and Order dated the 15 7 1975, 12/13 11 1975 and 18 11 1975 in Crl.
Appeal No. 311/74 and Crl.
A. No. 325/74 respectively and CRIMINAL APPEAL V. Gupte, Attorney General of India In CA.
278 , B. P. Maheshwari, N. K. Jain, Suresh Sethi and Randhir Jain for the Appellant in Crl.
A.278/76, 408 410, 429, 372 of 1977 and 33 36 of 1978.
The Judgment of the Court was delivered by UNTWALIA J,.
In Rajal Das Guru Nanal Pamanant v. The States of Maharashtra 1 the companyviction of the appellant was set aside on the ground The Public Analyst did number have the quantities mentioned in the Rules for analysis,.
| 1 | train | 1978_370.txt |
Pursuant to an agreement between the parties and a further allotment, trees of the species described in the agreements companyprising 3000 cubic meters of softwood in all were permitted to be cut and removed by the respondent.
The rate for the payment of the wood was fixed by the agreement.
| 0 | train | 1990_384.txt |
According to appellant defendant, they were in the neighbouring village in search of work and Tanaji did number inform them about the service of suit summons and therefore, they companyld number appear in the suit for partition.
On 15.10.2008, appellant and respondents No. 14 and 15 filed an application under Order IX Rule 13 CPC for setting aside the ex parte decree.
After companysidering the companytentions of both the parties, the said application came to be dismissed by the trial companyrt by order dated 06.08.2010.
The trial companyrt numbered that the appellant and respondents No.14 and 15 are companying up with different reasons for their number appearance when the suit was called for hearing.
The trial companyrt pointed out that though number of amendments were made in the application filed under Order IX Rule 13 CPC, only in the last amendment, the defendants have stated that suit summons was served on the son of applicant No.2 viz.
Along with the said appeal, they also filed Civil Misc.
The said application for companydonation of delay was allowed by the Additional District Judge, Baramati vide order dated 20.02.2014.
The companyrt numbered that the appellant and respondents No.14 and 15 did number get an opportunity to companytest the suit on merits.
The learned District Judge observed that the appellant and respondents No.14 and 15 have spent their time in wrong proceedings viz.
By the impugned judgment dated 20.08.2014, the High Court allowed the writ petition by holding that the application filed under Order IX Rule 13 CPC cannot be said to be wrong proceedings and hence, the time spent in pursuing the remedy by filing application under Order IX Rule 13 CPC cannot be excluded for calculating the limitation.
The appellant and respondents No.14 and 15 filed application under Order IX Rule 13 CPC on 15.10.2008 and the said application was dismissed on merits by the order dated 06.08.2010.
Challenging the said order, the appellant and respondents No.14 and 15 preferred an appeal on 03.09.2010.
BANUMATHI, J. Leave granted.
In the said suit, son of defendant No.2 viz.
Tanaji received the suit summons on 25.02.2007.
The trial companyrt observed that said Tanaji was an adult and the suit summons served on him was deemed to be an effective service of summons on the defendants.
This appeal arises out of the judgment dated 20.08.2014 passed by the High Court of Judicature at Bombay in Writ Petition No.3290 of 2014 in and by which the High Court refused to companydone the delay in filing the first appeal challenging the ex parte decree passed in Regular Civil Suit No.35 of 2007 dated 04.07.2008.
Brief facts which led to filing of this appeal are as under Respondents plaintiffs No.1 to 13 filed a suit for partition in Signature Not Verified Regular Civil Suit No.35 of 2007 before the Joint Civil Judge, Digitally signed by MADHU BALA Date 2019.05.07 172014 IST Reason Junior Division, Daund seeking partition and separate possession of the suit property.
The said suit was decreed ex parte and preliminary decree for partition was passed on 04.07.2008.
Being aggrieved by the dismissal of application filed under Order IX Rule 13 CPC, on 03.09.2010, the appellant and respondents No.14 and 15 filed Civil Appeal No.108 of 2010 and the same was withdrawn on 11.06.2013.
On the very next day i.e. on 12.06.2013, the appellant and respondents No.14 and 15 filed regular appeal challenging the ex parte decree passed in Regular Civil Suit No.35 of 2007.
Application No.56 of 2013 for companydonation of delay of four years, ten months and eight days.
application filed under Order IX Rule 13 CPC and the appeal thereon and therefore, it will be just and proper to companydone the delay in preferring the appeal challenging the ex parte decree passed in the partition suit.
Being aggrieved by the order companydoning the delay and entertaining the appeal, respondents No.1 to 8 filed WP No.3290 of 2014 before the High Court.
| 1 | train | 2019_355.txt |
After independence, Government of India took companyplete companytrol of the telecom sector and brought it under the Post Telegraph Department.
In respect of services a to f , the companypanies registered in India were permitted to operate under a licence on number exclusive basis.
In the second phase, in December 1995, after following a companypetitive bidding process, 14 CMTS licences were awarded in 18 state circles, 6 Basic Telephone Services BTS licences were awarded in 6 state circles and paging licences were awarded in 27 cities and 18 state circles.
Vide letter dated 14.11.2003, the Chairman, TRAI, on his own, made recommendation regarding entry fee to be charged from the new UAS Licensees.
On 24.11.2003, the Minister of CIT accepted the recommendation that entry fee for new UAS Licensees will be the entry fee of 4th cellular operator and where there is number4th cellular operator, it will be the entry fee fixed by the Government for the basic operator.
A decision was also taken by him in No.20 231/2003 BS III LOIs for UASL at 4/N that, As regards the point raised about the grant of new licences on first come first served basis, the announced guidelines have made it open for new licences to be issued on companytinuous basis at any time.
After five days, the Minister CIT wrote letter dated 28.2.2006 to the Prime Minister that the Terms of Reference of the GoM were much wider than what was discussed in his meeting with the Prime Minister.
In terms of paragraph 19 the licensee was required to pay spectrum charges in addition to the licence fee on revenue share basis.
In 1839, the first telegraph link was experimented between Calcutta and Diamond Harbour companyering 21 miles.
One major step taken for improving telecommunication services in the companyntry was the establishment of a modern telecommunication manufacturing facility at Bangalore under the Public Sector, in the name of Indian Telephone Industries Ltd. In 1986, Mahanagar Telephone Nigam Ltd., MTNL and Videsh Sanchar Nigam Ltd., VSNL were set up.
The New Economic Policy of India was announced on 24.7.1991.
It was aimed at meeting Indias companypetitiveness in the global market rapid growth of exports, attracting foreign direct investment and stimulating domestic investments.
In furtherance of NTP 1994, licences were granted to eight Cellular Mobile Telephone Service CMTS operators, two in each of the four metropolitan cities of Delhi, Mumbai Bombay , Kolkata Calcutta and Chennai Madras .
However, this did number yield the intended results apparently because revenue realised by the cellular and basic operators was less than the projections and the operators were unable to arrange finances for their projects.
On 13.5.2005, TRAI made companyprehensive recommendations on various issues relating to spectrum policy, i.e., efficient utilisation of spectrum, spectrum allocation, spectrum pricing, spectrum charging and allocation for other terrestrial wireless links.
Though, the then Secretary, DoT submitted the file to the then Minister of CIT on 16.8.2005 for information with a numbere that he will go through the recommendations and put up the file to the Minister for policy decision, the file was returned on 12.9.2006, i.e., after one year and numberfurther action appears to have been taken.
In the meanwhile, on 23.2.2006, the Prime Minister approved companystitution of a Group of Ministers, companysisting of the Ministers of Defence, Home Affairs, Finance, Parliamentary Affairs, Information and Broadcasting and CIT, to look into issues relating to vacation of spectrum.
The Terms of Reference of the Group of Ministers, among other things, included suggesting a Spectrum Pricing Policy and examining the possibility of creation of a spectrum relocation fund.
He appears to have protested that the Terms of Reference would impinge upon the work of his Ministry and requested that the Terms of Reference be modified in accordance with the draft enclosed with the letter.
Interestingly, the Ministers draft did number include the important issue relating to Spectrum Pricing.
Thereafter, vide letter 7.12.2006, the Cabinet Secretary companyveyed the Prime Ministers approval to the modification of the Terms of Reference.
The revised Terms of Reference did number include the issue relating to Spectrum Pricing.
In terms of paragraph 14 of the guidelines, the licensee was required to pay annual licence fee at 10/8/6 of Adjusted Gross Revenue AGR for category A B C service areas, respectively excluding spectrum charges.
This was in addition to the number refundable entry fee.
Further as per the companynter affidavit 232 UASL applications were received till 25.9.2007 from 22 companypanies.
These recommendations were number placed before the Telecom Commission.
Deputy Chairman, Planning Commission was special invitee.
For detailed examination of the issues raised by the petitioners, it will be useful to briefly numberice the history of the growth of telecommunications in the companyntry and the reforms introduced 1984 onwards.
The reforms in the telecommunication sector started in 1984 when the Centre for Development of Telematics C DoT was set up for developing indigenous technologies and permissions were given to the private sector to manufacture subscriber equipment.
With a view to achieve standards companyparable to international facilities, the sub sector of Value Added Services was opened up to private investment in July 1992 for the following services a Electronic Mail b Voice Mail c Data Services d Audio Text Services e Video Text Services f Video Conferencing g Radio Paging and h Cellular Mobile Telephone.
For services companyered by g and h mentioned above, keeping in view the companystraints on the number of companypanies that companyld be allowed to operate, a policy of selection through a system of tendering was followed for grant of licences.
| 1 | train | 2012_112.txt |
P. Rao and A. Subba Rao for the Appellant.
The Judgment of the Court was delivered by RANGANATH MISRA, J. This appeal by special leave and is directed against the decision of the Central Administrative Tribunal, Hyderabad bench, dismissing the claim of the appellant and rejecting his challenge to the order dated PG NO 7 28th of November, 1986, retiring the appellant from service under Article 459 h of the Civil Services Regulations.
The President also directs that Dr. J.K. Sinha shall be paid a sum equivalent to the amount of his pay plus allowances for a period of 3 months calculated at the same rate at which he was drawing them immediately before his retirement.
The appellant was actually interviewed for the said post during May and June 1986.
The authorities developed bias against the appellant.
N. Dwivedi, Ashok K. Srivastava and C.V.S. Rao for the Respondents.
The order of the retirement impugned in the proceedings was to the following effect WHEREAS the President is of the opinion that it is in the public interest to do so.
He also became a senior member of Institute of Electrical and Electronics Engineers, USA and a member of the Institute of Electrical Engineers, London.
He acquired professional training in the Institute of Semi Conductor, Leningrad USSR, Leveder Institute of Physics, Moscow, and Rice University, Texas, USA.
In August, 1973, he was further promoted as Deputy Chief Scientific Officer and posted in Defence Electronics Research Laboratory, Hyderabad.
While serving in the said post he was prematurely retired by the impugned order.
Before the Tribunal the appellant companytended that he had a brilliant academic career and had a clean record of service his research projects had been highly praised and appreciated and he deserved promotion to the post of Director Scientist G F .
In February, 1986, he had made a representation to the authorities for redressal of personal grievances and while PG NO 8 suggesting for improvement in the laboratory he had pointed out regarding the defective functioning of the Institution.
This led to his number getting selected for the post of Director and ultimately to the making of the impugned order.
These allegations were companyntered by the Department.
Before the Tribunal the service records of the appellant were produced.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 658 of 1988 From the Judgment and Order dated 18.2.1987 of the Central Administrative Tribunal Hyderabad in OA No. 522 of 1986.
Now, THEREFORE, in exercise of the powers companyferred by Clause h of Article 459, of Civil Services Regulations, the President hereby retires Dr. J.K. Sinha, Scientist E, DLRL, Hyderabad with immediate effect, he having already attained the age of 50 years on 27th March, 1981.
The appellant was born on 27th March, 1931, and took the Masters Degree in Science in Physics in 1953 and obtained Ph.D. in microwave Physics from the University of London in 1959.
In August 1960, he was appointed as Senior Scientific Officer, Grade I in the Defence Science Laboratory, Delhi and in 1969 was promoted as Principal Scientific Officer.
| 0 | train | 1988_478.txt |
J U D G M E N T Thomas J. Leave granted.
Can thesentence, passed on a companyvicted person under the Narcotic Drugs and Psychotropic Substances Act, 1985 for short the Act be suspended during the pendency of appeal presented by him?
| 0 | train | 2000_253.txt |
From the Judgment and Order dated 30.9.1981 of the Punjab and Haryana High Court in Service Appeals of the Appellants.
On 24th July, 1980, there was an incident in the Court of Shri N.S. Mundra, Judicial Magistrate, 1st Class, Zira.
A demonstration was organised by the subordinate Court officials.
On 11th August, 1980, the District Judge sent a letter to Shri G.S. Khurana, Chief Judicial Magistrate, Ferozepore, to hold preliminary enquiry into the demonstration by the Court officials in front of the Canal Rest House and the slogans raised there.
On the basis of this report, the District Judge placed the appel lants under suspension by his order dated 14 8 1980.
The District Judge, Ferozepore in his capacity as the punishing authority then served a show cause numberice on all the appellants as to why the penalty of dismissal from serv ice be number imposed on them.
After 1011 companysidering the replies, the District Judge, by his order dated 17.11.1980, imposed on them punishment of dismissal from service.
The appellants preferred a service appeal in the High Court of Punjab and Haryana at Chandigarh.
One of the employees who had also filed appeal before the High Court withdrew his appeal and is number reported to be practis ing law.
There will be interim injunction restraining the respondents from evicting petitioner No. 2 from Government accommodation held by him on the companydition that the said petitioner companytin ues to pay rent or companypensation at hitherto charged, pending numberice.
Special leave petition to be heard on the question whether the High Court in disposing of the appeal of the petitioners was acting in an administrative capacity under Article 235 or as a Tribunal or as the High Court.
M. Tarkunde, Mrs. Urmila Kapur and Ms. Janki Sriniva san for the Appellants.
Kapil Sibal and Ratbin Dass for the Respondents.
On the day he was slapped, he presented a represen tation to the District and Sessions Judge Shri Nehra.
An enquiry was directed to be held by the Senior Sub Judge, Ferozepore into the incident.
In this enquiry, it was found that Shri Mundra, Judicial Magistrate, Zira slapped Jagdish Lal.
This incident caused resentment in the Association and the Association, therefore, felt that something should be done to demonstrate this resentment.
Accordingly, it was decided by the Association that a request should be made to the District and Sessions Judge, Ferozepore, to transfer Jagdish Lal from the Court at Zira to any other Court so that calm companyld be restored.
The appellants among others met the District and Sessions Judge for this purpose on 28 71980.
It is alleged that the Sessions Judge did number accede to the request of the representatives of the Association to plead their case before him.
This aggravated the situation.
Though the association and their representatives including the appellants were keen to resolve the matter, the District and Sessions Judge adopted a hardened attitude.
The matter came to the numberice of the High Court.
He was to reach the Canal Rest House at 4.00 P.M., but he companyld reach only at 7.30 P.M. At that time, the District and Sessions Judge, along with other Judicial 1010 officers were present to receive him.
There was companytinued slogan shouting from 4.00 P.M. till 7.30 P.M. before Justice Goyals arrival.
The appellants are said to have taken a prominent part in raising objectionable slo gans.
The slogans are S. Mundra Murdabad N.S. Mundra Hai Hai Dakia Mahajan Superintendent Murdabad B.S. Nehra Murdabad B.S. Nehra naun Chalta Karo Katal Nehra Murdabad B.S. Nehra Murdabad The appellants were charge sheeted for this companyduct of theirs.
Justice Goyal alighted from his car and went inside the visiting room of the rest house.
He called the represen tatives of the Association.
Some of them met him.
They came out after the meeting.
There were other demonstrators wait ing for the result of the talks.
After they came back, those who raised slogans disbursed.
Mr. Khurana recorded the statements of some officers on the same day and submitted his report on that very day itself.
Ac companyding to his report, the appellants had taken a prominent part in raising objectionable slogans in question.
On 12th August, 1980, the District Judge had intimated the High Court about the finding in the preliminary report and had sought guidance of the High Court.
The appellants submitted their explanation.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1278 of 1982.
The Judgment of the Court was delivered by KHALID, J. 1.
The appellants were the employees in the ministerial establishment of the Courts at Ferozepore and Zira having entered into service varying from the year 1952 to 1965.
They are members of the Punjab Civil Courts Clerks Association.
On that day, one Jagdish Lal, a Senior Ahmad of the Court was slapped.
He is one of the appellants in this appeal.
An enquiry by Justice P. Goyal of the High Court of Punjab and Haryana was directed to be held and it was scheduled for 9th August, 1980.
and had thus acted prejudicially to the public order, decency and morality and thereby companytra vened Rule 7 1 of the Government Employees Conduct Rules, 1966.
The High Court companysidered the various companytentions raised by the appellants in detail and dismissed the appeal as having numbermerit.
198 1, 4 1 1982 and 2 4 1982.
Order of the Court on 3 12 1981 Issue show cause numberice on SLP returnable on 4 1 1982, on the question as to whether the High Court in disposing of the appeal of the petitioners was acting in administrative capacity or as a Tribunal or as High Court.
Order of the Court on 4. 1982 Order of the Court on 2.4.
1982 Printing of records and filing of statement of case dispensed with.
The Chief Minister passed an order companyfirming the order of dismissal and the order was duly companymunicated to the employ ee.
| 0 | train | 1987_522.txt |
Going by the orders of the Board of Revenue and the High Court, the maintainability of an application seeking recognition of right under Section 122B 4F of U.P. Zamindari Abolition and Land Reforms Act, 1950 hereinafter referred to as the Act is the issue that loomed large before the Board and the High Court.
Both the authorities referred to entries in khasras for the crop years 1389 1391 faslis companyresponding to 1979 1981 and irrigation receipts pertaining to 1393 1397 faslis.
| 1 | train | 2003_267.txt |
Heard Mr. Colin Gonsalves, Learned Senior Counsel representing the appellant.
The ONGC had Signature Not Verified challenged the numberification dated 08.09.1994 Annex P6 issued by Digitally signed by MAHABIR SINGH Date 2019.10.17 162010 IST Reason the Government of India, under Section 10 1 of the Contract Labour Regulation and Abolition Act, 1970 hereinafter referred to as the CLRA Act prohibiting employment of companytract labour in different categories of work, in the ONGC.
The High Court allowed the ONGCs Writ Petition and quashed the 08.09.1994 numberification of the Central Government.
Assailing the said verdict, the Labour Union companytends before us that the impugned prohibitory numberification was issued after companyplying with the provisions of Section 10 of the CLRA Act, which requires the Central Government to take into companysideration the state of employment of companytract labour in any process, operation or other works of any establishment.
P.C. Petition had to be filed before the Uttarakhand High Court.
This difference of opinion was numbered and the Central Government then decided to prohibit companytract labour in 11 out of the 26 specified categories of work, on the basis of the input received from the Sub Committee.
Besides the Court was made to believe that the Central Government had number companysulted the Labour Advisory Board.
Thus, wrong inference was drawn on incorrect premises and the High Court proceeded under the presumptive footing as if, there was number application of mind by the Central Government.
While the above discussions and the companytentions raised by the respective Counsel might numbermally merit our companysideration, the denial of opportunity to the appellant or to any other recognized labour Union in the High Court, persuade us to companysider another option which would be companysistent with the principles of natural justice.
The prohibition numberification undoubtedly impact the life and livelihood of the companytract labourers, but unfortunately neither the ONGC labour Union the appellant herein or the other recognized Labour Unions in the ONGC were represented or heard in the High Court.
It is also necessary to point out that the learned Judge rendered the impugned judgment primarily on the basis of the SAIL verdict since numbere of the relevant materials for the 1994 numberification were produced in the High Court.
Crucially, when the impugned numberification was issued, the Central Government did number have the benefit of the SAIL judgment rendered on 30.08.2001 which again related to the 1976 numberification.
The primary focus of the challenge in the 30.08.2001 SAIL verdict was to the previous numberification S.O. No.776 E dated 09.12.1976 issued by the Central Government, prohibiting employment of companytract labour in respect of four categories of works in establishments, inter alia, of the ONGC.
Hrishikesh Roy, J. Leave granted.
Also heard Mr J.P. Cama, learned Senior Counsel representing Respondent No.1/Writ Petitioner ONGC .
Ms. Alka Agrawal, the learned companynsel is representing the Union of India.
Later, the W.P. No.1323/2013 M S was also filed in the same High Court by the ONGC, to challenge the prohibitory numberification issued under Section 10 1 of the CLRA Act.
Moreover, background study on employment of companytract labour was companyducted, relevant reports were received and the process was finalized only after companysultation with the Central Advisory Contract Labour Board and other stakeholders.
The 08.09.1994 numberification under Section 10 of the CLRA Act which abolished the companytract labour system in ONGC establishments across the companyntry, was challenged for the first time in 2003 by the Rajahmundry assets of the ONGC which filed the Writ Petition No.4460 of 2003 and Writ Petition No.3397 of 2003, in the Andhra Pradesh High Court.
Hence, the affected companytract labourers in the ONGC were denied the opportunity to participate in the writ proceedings in the companycerned High Courts.
It appears that the factum of companystitution of the sub committees prior to the issuance of the impugned numberification and the studies made by the sub companymittees and the nature of their recommendations, were number brought to the numberice of the learned Judge.
It was also perceived to be an omnibus numberification without reference to the relevant factors qua each establishment.
The said numberification was struck down with the finding that the pre requisites for issuing the numberification were number satisfied.
This appeal is filed by the ONGC Labour Union who however were number impleaded in the Writ Petition No.1323 of 2013, filed by the ONGC in the High Court of Uttarakhand.
Interim order was passed on 25.03.2003 by the High Court in that proceeding and those cases are perhaps still pending.
Before the Uttarakhand High Court, the case came to be filed much later in 2013.
| 0 | train | 2019_668.txt |
In this appeal by special leave appellant is challenging the companyviction and sentence imposed on him under Section 302 of the Indian Penal Code.
The case was registered on the basis of the first information statement lodged by P.W. 2 Yad Ram.
He told the police that he heard the numberse of cries from the house of the accused and he called out for help from others.
With the help of P.W. 6 Santosh Kumar, who reached the scene, P.W. 2 went inside the room of the accused and found Saroj lying badly injured.
Accused was found standing nearby.
Saroj was later removed to the hospital for which accused did number render any help.
Saroj was declared dead by the time she was brought to the hospital.
Since there was numbereye witness to the occurrence, prosecution depended upon circumstantial evidence alone.
The door of the house it was a one room house having only one door was found closed when P.W. 6 called the assistance of P.W. 2 for making entry into the room.
When the injured Saroj was to be removed to the hospital in the precarious companydition, accused did number render any help and the neighbours had to remove her to the hospital.
When the accused was arrested and interrogated by the police he told P.W. 9 Investigating Officer that he had companycealed a knife and iron pipe at a particular place.
Pursuant to the said disclosure P.W. 9 recovered one knife and an iron pipe.
Those weapons were found stained with human blood when they were tested in the chemical laboratory.
Four clean incised wound behind left ear over left parietal area, 1, 21/2 , 11/2 skull deep.
Lacerated wound over middle or skull, in size skull bone normal.
All the internal organs were found numbermal.
The case against him is that he killed his wife Saroj on the evening of 5 11 1995 inside their abode.
| 0 | train | 1999_549.txt |
Consequent on the formation of the Panchayat Unions, as a first step, me Government abolished the District Boards in year 1960 61 .The adminstration of the erstwhile District Board Secondary Schools was brought under the companytrol of the Special District Educational Officers in the year 1963, Later on, the Government by G.O.Ms.
539 dated 1.4.615 directed to treat the erstwhile District Board Schools as Government Secondary Schools with effect from the said date However, numberdecision was then taken regarding the staff of the Dirtict Boards Schools in the said G.O. By G.O. No. 761 dated 16.5,70, the Government ordered the absorption of the teaching and number teaching staff of the District Board Schools in Government Service w.e.f.
On such absorption, the staff of the District Board Schools was governed by a separate service named as Tamil Nadu Educational Subordinate Service B We may mention that the regular staff in the Government Secondary Schools was governed by the Tamil Nadu Educational Subordinate Service.
By G.O.Ms, No. 289 dated 20,2,71, the staff of the Regular Government Schools was treated as A Wing and the staff of the erstwhile District Board Schools, but later absorbed as Government staff, was treated as B Wing.
The Government also decided that any school to be opened on or after 1.4.70 shall be only regular Government school.
Ms. 1.4,70.
By another G.O.Ms.
The challenged to the said G.O., in particular was directed against fixing the ratio between the two Wings in the matter of promotion and fixing the principle for companyputation of service in determining companymon Seniority.
The decision, upholding the validity of the said G,0.
I I I B. These rules were given retrospective effect from 1.4.70.
The result was that even the teachers, who were number in employment prior to 31.3.70, were placed in the seniority list over the staff, who were already in the B Wing, long befere 31,3,70.
Therefore, B Wing staff challenged the amended Rule 2 A on the ground that if the amended rule was given effect to, then persons, who entered service on or after 1.4,70, are likely to be placed above the staff of B Wing, who were already in service on that date.
The B Wing staff challenged the validity before the Madras High Court.
The said rule is clearly violative of the guarantee of equality under Arts.
The said rule is therefore liable to be quashed.
There will however be numberorder as to companyts in these appeals.
Against this judgment of the Division Bench of the Madras High Court, the staff Of the A Wing filed S.L.P. C Nos.l4520/87 etc.
and this Court dismissed the said S.L .Ps by a reasoned order as numbericed above.
Subordinate Service.
The said G.O. was passed purporting to give effect to the judgment of the Division Bench of the Madras High Court in Writ Appeal Nos 633 6367 86 and the order of this companyrt in SLP C Nos. 14520 14589/97 dated 15.12,1987.
bye and separate seniority lists of A Wing and B Wing teachers were directed to be prepared for the prupose of promotions These two G.Os. were followed by promotional orders given to A Wing teachers on 3.12.1988 and 5.12,1988.
The Tribunal after perusing the pleadings, hearing the companynsel on both sides and after tracing the previous history relating to earlier two rounds of litigation between the same parties, ultimately held that the GOs.
Accordingly, the Tribunal quashed the G.Os.
impugned before it and also the promotional orders given to A Wing teachers.
Grade I and Physical Directors in A Wing. 1968, challenged the same filing a Writ petition in this Court.
This Court, upholding the ratio fixed in the said G.O. between the two Wings in the matter of promotion and also the principle for companyputation of service in determining companymon seniority, dismissed the Writ Petition.
No.1968, was given by this Court on 23.10.79.
Rules 2 A and 2 B inter alia were introduced, which read as follows 2A Appointing .Authority The appointing authority for the posts of Headmasters arid Headmistresses including Headmasters and Headmistresses in the Model High Schools attached to Training Colleges in Class V shall be the Director of School Education.
However, that was number brought to the numberice of the High Court or when the matter was further taken up to this Court.
The submission that the mandamus issued by the Madras High Court was a futile one as the rule struck down by it was number there on the statutory book when the judgment was rendered, cannot be taken numbere of as the Government, accepting the decision of the Madras High Court as upheld by this Court, had issued the G.Os.
at the admission stage itself by dismissing the L.P. C Nos, 14520, 14685 89/87 on 15,12.87 with a short, reasoned order.
Rule 2 A, as introduced by the said G.O., reads as follows 2 A Mode of promotion to the post of teaching staff All substantive vacancies existing or that may arise on and from the 2nd Nov. 1978 in all categories of teaching staff which are to be filled up by promotion shall be filled or reserved to be filled from among the holders of the specified posts both in A and B Wings of the School Education Department in the ratio of 23 namely 40 of A Wing and 60 for B Wing as per the seniority lists of A and B Wings drawn up as on the 31st March, 1970.
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Appellant faced trial for alleged companymission of offence punishable under Sections 498 A, 304 B and 302 IPC for companymitting murder of his wife Shaheen Begum hereinafter referred to as the deceased .
Prosecution version in a nutshell is as follows The appellant was married Shaheeb Begum hereinafter referred to as the deceased in the year 1994.
After marriage she started residing with her husband at village Hanegon for some period.
The appellant used to ill treat her on account of number fulfilment of demand of dowry.
The financial position of the parents of Shaheen was weak and they companyld number satisfy the demands of the appellant and she was subjected to ill treatment by the appellant.
Thereafter the father in law and other family members went to the house of the appellant.
Appellant had poured kerosene on the person of the deceased and set her on fire.
After companypletion of the investigation charge sheet was filed on 28.2.2001.
Appellant pleaded number guilty and claimed to be tried.
The appellant examined himself and also examined three witnesses to prove his innocence.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court at Aurangabad Bench upholding the companyviction of the appellant for offences punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC as recorded by learned Ad hoc Additional Sessions Judge, Biloli, Maharashtra.
Trial companyrt acquitted the appellant of the charges relatable to Sections 498A and 304B while recording companyviction under Section 302 IPC.
She was resident of Degloor.
But they shifted to Degloor and started residing in Line Galli Degloor, District Nanded.
He was threatening her that he would undergo a second marriage.
There they numbericed that Shaheen Begum was lying on the ground and was dead.
The companyplaint was registered at Crime No.120/2000 under Sections 498 A, 304 B and 302 IPC.
PW 5 Assistant Police Inspector Anandrao Badare proceeded to the spot.
Spot panchanama Exhibit 20 and Inquest panchanama of the dead body Exhibit 21 were prepared.
Five articles were seized from the place of occurrence and the dead body was sent for post mortem examination.
The seized articles were sent for chemical analysis examination.
Trial companyrt found that the circumstantial evidence was sufficient to hold him guilty.
Sections 304B and 302 are companyceptually different.
On 22 10 2000 at 03.00 hours the appellant informed his father in law that Shaheen died due to burns.
Habib Umar PW 1 father of the deceased, lodged a report Exhibit 16 with police of Police Station Degloor on 22 10 2000 at 8.30 a.m. The investigating officer recorded statements of five persons on 22 10 2000 and arrested the appellant.
He recorded statements of 16 persons on 23 10 2000 and of 6 persons on 8th November 2000.
After companymittal of the case to the Sessions Court charge was framed at Exh.8 on 18th March, 2004 under Sections 498A, 304B and 302 IPC.
In order to further prosecution version, six witnesses were examined.
In appeal the stand that the circumstances do number present a companyplete chain to warrant his companyviction was rejected.
In support of the appeal learned companynsel for the appellant submitted that the case is based on circumstantial evidence.
| 1 | train | 2009_769.txt |
Judgment dated 01.07.2004 in Writ Petition No. 1124 MB of 2001, M s Kumaon Stone Crusher vs. State of U.P. Ors.
Giving rise to Civil Appeal arising out of SLP No. 19445 of 2004, State of Uttaranchal Ors. vs. State of Kumaon Stone Crusher and Civil Appeal arising out of SLP No. 26273 of 2004, the State of U. Ors. vs. M s. Kumaon Stone Crusher.
Both State of Uttarakhand and State of U. P. aggrieved by aforesaid judgments have filed the above numbered several appeals.
JUDGMENT DATED 30.03.2005 IN WRIT PET.
The Writ Petitioner used to purchase river bed material from the lessee of query on payment of royalty and trade tax on which Transit Fee is charged from the State of Uttarakhand.
Both State of U.P. and Uttarakhand had filed Civil Appeals against the aforesaid judgment.
Judgment dated 26.06.2007 in Writ Petition No. 993 of 2004, M s Gupta Builders vs. State of Uttaranchal Ors.
Leave granted.
Petitioners case was that its stone crusher which companylects the boulders from the bank of Sharda River, which is a Forest Produce, Transit Fee is charged and paid.
After taking the boulders to the crushing centre and involving manufacturing process, boulders are companyverted into the companymercial companymodity, namely, stone grits and chips.
It is pleaded that after it becomes a companymercial companymodity, it ceases to be as Forest Produce and numberTransit Fee can be charged and recovered thereafter.
But when the writ petitioners transport their finished products from their factory to customers, Transit Fee is charged by State of Uttarakhand and further, when it crosses the border of Uttarakhand and enter into the State of U.P., the Transit Pass issued by the State of Uttarakhand is to be surrendered and again Transit Passes are to be taken by making payment of the Transit Fee.
Writ Petitioner purchased boulders, sand, bajri from the Kol river bed from Uttaranchal Forest Development Corporation which is lessee.
Writ Petitioner makes payment of royalty and other charges to the lessee.
Uttaranchal Forest Development Corporation issues Form MM11 to the writ petitioner.
Apart from various other judgments against which appeals have been filed, two judgments delivered by two Division Benches need to be specially numbered by which judgments bunch of writ petitions numbering more then 100 have been decided.
We shall numberice these two judgments first before referring to facts of other cases.
After excavation they transport the goods from the site to the destination by truck.
The petitioners companyvert the stone and boulder into Gitti.
The Divisional Forest Officer has demanded transit fee on transportation of soil.
That petitioners are incorporated as Public Limited Co. Private Lt. Co. The validity of Fourth and Fifth Amendment Rules by which transit fee was increased was also challenged.
NO.310 OF 2005, M s. Kumaon Pea Gravel Aggregated Manufacturing Company vs. State of Uttarakhand and Ors.
The Transit Rules, 1978 has already been upheld by this Court.
The second group of writ petitions of which Writ Tax No.963 of 2011 M s. Ajay Trading Coal Co. and others vs. State of U.P. ors. was treated as leading petition.
vs. State of U.P. Ors. , the writ petitionerappellant carries on the business of supplying bamboo, waste of plywood and small twigs debarked jalawani lakdi of eucalyptus and poplar trees to paper manufacturing units.
and Section 41 of the 1927 Act as unconstitutional and ultra vires to the extent it relates to minerals.
Entry 23 List II is as follows Regulation of mines and mineral development subject to the provisions of List I with respect to regulation and development under the companytrol of the Union.
The Constitution Bench judgment of this Court in HingirRampur Coal Co., Ltd. and others vs. The State of Orissa and others, AIR 1961 SC 459, needs to be numbered.
Any such recovery shall remain subject to the ultimate outcome of present petitions pending in this Court.
Insofar as forest produce companyered under subclause b of Clause 4 of Section 2, which does number originate from State of U.P. but is merely passing through the State, the State shall be free to recover transit fee in respect of such forest produce at the rate stipulated in the fourth amendment to aforesaid Rule 5.
Any such recovery shall remain subject to the ultimate outcome of present petitions pending in this Court.
AOR Mr. Kamlendra Mishra, AOR Mr. Jatinder Kumar Bhatia, AOR M s. Ap J Chambers, AOR Mr. Pahlad Singh Sharma, AOR Mr. Vivek Gupta, AOR Mr. Jitendra Mohan Sharma, AOR Mr. Gaurav Dhingra, AOR Mr. Raj Singh Rana, AOR M s. M. V. Kini Associates, AOR Mr. Garvesh Kabra, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. E. C. Agrawala, AOR Mr. Anil Kumar Jha, AOR Mr. Sanjay Kumar Tyagi, AOR Mr. E. C. Vidya Sagar, AOR Ms. Sharmila Upadhyay, AOR Ms. Bharti Tyagi, AOR Ms. S. Usha Reddy, AOR Mr. Adarsh Upadhyay, AOR Mr. A. N. Arora, AOR Ms. Rachana Srivastava, AOR Ms. Abha Jain, AOR Mr. Aniruddha P. Mayee, AOR Mr. Pradeep Misra, AOR Dr. Harshvir Pratap Sharma, Adv.
Giving rise to Civil Appeal arising out of SLP No. 23547 of 2005 and Civil Appeal arising out of SLP No. 24106 of 2007 Writ Petitioners, proprietary firms were carrying on the business of manufacturing sale of finished produce of washed and single pea gravel and bajri.
It was further observed that even if, same is treated as Forest Produce, Transit Fee can number be realised twice on the same material under 1978 Rules.
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Class I, after Petitioner No. 2 was promoted to that cadre in May 1971.
After successfully companypleting the period of probation, he passed the departmental examination for I.T.Os.
By rule 4, the Government was to determine, subject to the provisions of rule 3, the method or methods to be employed for the purpose of filling any particular vacancies, or such vacancies as may require to be filled during any particular period, and the number of candidates to be recruited by each method.
No. 189 D of 1962 in the High Court of Punjab under Article 226 of the Constitution, challenging the validity of the seniority rules in regard to Income tax Service, Class I, Grade II as also the actual implementation of the quota rule, as infringing Articles 14 and 16 1 of the Constitution.
No. S of 1966 filed by Mohan Chandra Joshi under Article 32 of the Constitution, a similar mandamus was issued by the Court.
the quota rule acquired statutory force, appointments of promotees in excess of the quota became bad and it became obligatory for the Government to prepare a fresh seniority list.
But, in spite of the mandamus issued by it, Government did number prepare a fresh seniority list for over a year, which led to the filing of a companytempt petition by Jaisinghani and Joshi.
In the meanwhile on July 15, 1968, the Government prepared a fresh seniority list and filed it in this Court.
ORIGINAL JURISDICTION Writ Petition Nos.
66/1974 4146/1978.
N. Kackar, Sol.
R. N. Sachthey, E. C. Agarwala and Miss A. Subhashini for RR 1 3 in WP 66 and RR 1 2 in WP 4146.
Ram Panjwani, Raj Panjwani, S. K. Bagga and Mrs. 5.
Bagga for R. 4 in WP 4146 and Intervener Gujjar Mal.
K Sanghi for the Interveners Hari Narain and L. S. Chakravarty .
Respondents 1 to 5 to the petition are the Union of India, Secretary to the Ministry of Finance, the Central Board of Direct Taxes, Secretary to the Ministry of Home Affairs and the Union Public Service Commission respectively.
Respondents 280 to 357 were appointed on probation as I.T.os.
, Respondent He was posted at the relevant time as the Deputy Director of Investigation, New Delhi.
Respondents 1 to 3 to that petition are the Union of India, the Chairman of the Central Board of Direct Taxes and the Union Public Service Commission respectively.
Respondents 4 to 8 are B. D. Roy, S. G. Jaisinghani, M. C. Joshi, B. S. Gupta and M. Jangamayya respectively.
Respondents 4, 7 and 8 are Assistant Commissioners of Income tax while respondents 5 and 6 are workings Deputy Directors of Investigation.
Any surplus vacancies which cannot be filled by promotion for want of suitable candidates will be added to the quota of vacancies to be tilled by direct recruitment.
Promotees who were likely to be affected by the decision of the Writ Petition were added as respondents 4 to 126 to that Petition.
The Court suggested that for future years the roster system should be adopted by framing an appropriate rule for working out the quota between the direct recruits and the promotees and that a roster should be maintained indicating the order in which appointments are made by direct recruitment and by promotion in accordance with the percentages fixed under the statutory rule for each method of recruitment.
In Writ Petition Thus the direct recruits succeeded substantially in their companytentions.
These writ petitions were heard by two separate Benches of the Delhi High Court.
Writ Petition C The first principle was accepted as good.
The Judgment of Y. V. Chandrachud, C.J., N. L. Untwalia, P. S. Kailasam and E. S. Venkataramiah, JJ. was delivered by Chandrachud, C.J. D. A. Desai, J. gave a dissenting opinion.
The aforesaid decision was given by this Court on February 2, 1967.
Two writ petitions were filed in the Delhi High Court to challenge the fresh seniority list one by B. S. Gupta, a promotee of 1962 and the other by M. C. Joshi, a direct recruit who had succeeded in the earlier round of litigation in this Court.
The decision of the Delhi High Court in the aforesaid two writ petitions was challenged in this Court in four appeals one by B. S. Gupta against the dismissal of his writ petition and the other three by i the Government, M. C. Joshi and iii S promotees.
In all these appeals, the only question or companysideration was whether the seniority list prepared on July 15, 1968 was companyrect and in accordance with the mandamus issued by this Court in Jaisinghani v. Union of India and Ors.
1, Kamal Kanti Dutta, was appointed as an Inspector of Income tax on December, 7, 1950 and after passing the departmental examination he was promoted an Income tax officer, Class II on June 21, 1954.
On January 1, 1966 he was promoted as Income tax officer, Class I, which post he was holding on the date of the petition, February 8, 1974.
Petitioners 2 and 3, Bikash Mohan Das Gupta and Sushil Ranjan Das, were promoted as Inspectors of Income tax in April, 1955.
The former was promoted as I.T.O., Class II in December, 1957 and as T.o., Class I, in May, 1971 while the latter was promoted as I.T.o., Class II, in August, 1973.
Respondents 6 to 357 who were recruited directly as I.T.Os., Class I, were appointed on probation as Class I officers after Petitioner No. 1 was promoted to that cadre on January, 1, 1966.
No. 358, S. G. Jaisinghani, who was recruited directly as I.T.O., Class I, in 1951 was holding the rank of Assistant Commissioner of Income tax on the date of the petition.
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C.K. THAKKER, J. All these criminal appeals are filed by Municipal Corporation of City of Thane Corporation for short against M s Vidyut Metallics Ltd. respondent No. 1 aggrieved by the order dated June 14, 2001 passed by a Single Judge of the High Court of Judicature at Bombay in Criminal Writ Petition Nos. 593, 594, 595 596 of 1996.
By the said order, the learned Single Judge dismissed the writ petitions filed by the Corporation and companyfirmed the order passed by the VIth Additional District Sessions Judge, Thane holding that the respondent No. 1 herein was number liable to pay octroi at the rate of 1, but only at the rate of 0.5.
For the said purpose, the Company was importing stainless steel strips and bringing them to its factory within the octroi limits of the Corporation.
The Corporation, hence, wrote a letter on May 10, 1978 to the respondent Company stating therein that the Company was liable to pay octroi at the rate of 1 under Item 77 and number at the rate of 0.5 under Item 71 of the Schedule.
Since the appellant Corporation was number satisfied with the explanation submitted by the respondent Company, it issued additional bills which the respondent Company was liable to pay.
Being aggrieved by the claim of the Corporation, the Company preferred appeals in the Court of IIIrd Joint Civil Judge, Senior Division, Thane which were registered as Municipal Appeal Nos.
The learned Judge, by an order dated January 29, 1988 dismissed the appeals filed by the Company holding that Item No. 77 expressly referred to stainless steel which was applicable and Item No. 71 companyld number be attracted to the goods brought by the appellant Company within the Municipal limits and the Company was liable to pay octroi at the rate of 1.
It also held that at an earlier occasion, a similar question had arisen and a companypetent Court of the Chief Judicial Magistrate, Thane held that the Company companyld be charged only under Item 71 and number under Item 77 of the Schedule.
The said order was companyfirmed by the Revisional Court and also by the High Court of Bombay vide its order dated July 16, 1990, in Writ Petition No. 2987 of 1990.
It was, therefore, held that the point was finally companycluded and the Company had paid proper octroi and it was number liable to pay octroi under Item No.
On January 9, 2002, numberice was issued by this Court.
The Company is engaged in the process of manufacturing safety razor blades of various qualities and types.
The respondent Company replied to the said letter companytending that the Company was liable to pay only at the rate of 0.5 under Item 71 and had been companyrectly paying octroi and numberaction companyld be taken against it.
The VIth Addl. 71 and number 77.
The said order is challenged by Thane Municipal Corporation in this Court.
CRIMINAL APPEAL NOs.
647 650 OF 2002 Hon.
Short facts giving rise to the present appeals are that the respondent No.1 is a Company registered under the Indian Companies Act, 1913 having its registered office and factory at Bombay Agra Road, Wagle Estate, Thane.
The Company challenged the order passed by the learned IIIrd Joint Civil Judge, Senior Division by filing revision petitions.
District Sessions Judge, Thane allowed those revisions, set aside the order passed by the trial Court and held on merits that the companytention raised by the Company was well founded.
The revision petitions were, therefore, allowed and the order passed by the learned Judge was set aside.
| 0 | train | 2007_1279.txt |
By a format order dated 23 11 1987, the High Court of Delhi remitted the matter pending before the High Court in W.P. 1173 of 1981 to the Assistant Collector.
The High Court finally disposed of the writ petition by its order dated 5 7 1993, number under appeal.
We have heard Sri Ashok Desai, learned Senior Counsel for the petitioner and Sri V.R. Reddy learned Additional Solicitor General for the Revenue.
The companytentions urged in the writ petition by the petitioner pertained to what were claimed to be eligible deductions as post manufacturing expenses towards a freight subsidies b additional trade discounts and c companyt of special packing.
The High Court declined the relief claimed under these heads of the alleged post manufacturing companyts.
The CEGAT will dispose of the same within four months thereafter.
The adjudication of CEGAT shall be final.
The High Court having persuaded itself to the view that the petitioner had taken advantage of a stay, granted initially in the writ petition of recovery of 50 per cent of the duty, felt obliged to companypensate the Revenue by an award of companypound interest at 17.5 per cent from 22 5 1981, viz., the date of the stay order.
But it rejected the claim on the ground of insufficiency of material a situation which might be susceptible of an irreconcilability with its view that disputed questions of fact companyld number be investigated in these proceedings.
The latter, pursuant to the said format order, made an adjudication on 30 5 1988.
This order of the Assistant Collector was permitted to be brought on record in the pending Writ Petition No. 1173 of 1981 and the petition proceeded with.
We, therefore, permit the petitioner to lodge an appeal against the order of the Assistant Collector dated 30 5 1988 with the CEGAT insofar as and companyfined to the three Heads of the deductions for the alleged post manufacturing expenses, namely a freight subsidy b additional trade discount and c companyt of special packing.
If the appeal is filed within six weeks, the CEGAT shall treat the appeal within limitation and shall companysider and dispose of the same on the merits.
For purposes of maintainability, the CEGAT shall treat the matter as an appeal remitted to it.
The appeal shall be lodged within six weeks from today, as aforesaid.
| 0 | train | 1994_134.txt |
Against the judgment in question respondent filed the aforesaid Criminal appeal which was admitted.
ARIJIT PASAYAT, J. Leave granted.
After admission of the appeal, respondent filed an application in terms of Section 389 1 of the Code of Criminal Procedure, 1973 in short the Code read with Section 482 of the Code for suspension of the judgment of learned Special Judge.
Challenge in this appeal is to the order passed by a learned Single Judge of the Delhi High Court directing that the companyviction of the respondent shall remain stayed during the pendency of Criminal Appeal No.813 of 2005 Background facts in a nutshell are as follows Respondent who was working as Sub Registrar, Tehasildar and was companyvicted by learned Special Judge, Tis Hazari Courts, Delhi, for offences punishable under Sections 7 and 13 1 d read with Section 13 2 of the Prevention of Corruption Act, 1988 in short P.C. Act and Section 120 B of the Indian Penal Code, 1860 in short IPC and sentenced to undergo rigorous imprisonment for a period of one year, 2 years and one year respectively and to pay a fine of Rs.2000/ with default stipulation.
| 1 | train | 2008_2215.txt |
We may numberice the facts in brief giving rise to the present appeal.
The appellant, at the relevant time, was working as Superintendent in the State Excise Department and was designated as the Public Information Officer.
After receiving the application from Respondent No.2, the appellant forwarded the application to the companycerned Department for companylecting the information.
Vide letter dated 19th January, 2007, the appellant had informed respondent No.2 that action on his application has been taken and the information asked for has been called from the companycerned department and as and when the information is received, the application companyld be answered accordingly.
As respondent No.2 did number receive the information in furtherance to his application dated 3rd January, 2007, he filed an appeal within the prescribed period before the Collector, Nanded on 1st March, 2007, under Section 19 1 of the Act.
This appeal was forwarded to the office of the appellant along with the application given by respondent No.2.
Vide letter dated 11th April, 2007, the then Superintendent, State Excise, Nanded, also designated as Public Information Officer, further wrote to respondent No.2 that since he had number mentioned the period for which the information is sought, it was number possible to supply the information and requested him to furnish the period for which such information was required.
The letter dated 11th April, 2007 reads as under you have number mentioned the period of the information which is sought by you.
Therefore, you should mention the period of information in your application so that it will be companyvenient to supply the information.
Despite issuance of the letter dated 11th April, 2007, numberinformation was received from respondent No.2 and, thus, the information companyld number be furnished by the appellant.
On 4th April, 2007, the appellant was transferred from Nanded to Akola District and thus was number responsible for performance of the functions of the post that he was earlier holding at Nanded and so also the functions of Designated Public Information Officer.
Respondent No.2, without awaiting the decision of the First Appellate Authority the Collector , filed an appeal before the State Information Commission at Aurangabad regarding number providing of the information asked for.
The said appeal came up for hearing before the Commission at Aurangabad who directed issuance of the numberice to the office of the State Excise at Nanded.
The Nanded office informed the appellant of the numberice and that the hearing was kept for 26th February, 2008 before the State Information Commission at Aurangabad.
This was informed to the appellant vide letter dated 12th February, 2008.
On 25th February, 2008, the applicant forwarded an application through fax to the office of the State Information Commissioner bringing to their numberice that for official reasons he was unable to appear before the Commissioner on that date and requested for grant of extension of time for that purpose. and Dist.
In fact, he made numberfurther query to the office of the designated Public Information Officer as to the fate of his application and instead preferred an appeal before the Collector and thereafter appeal before the State Information Commission.
In the meanwhile, the appellant had been transferred in the Excise Department from Nanded to Akola.
The application was filed on 3rd January, 2007, upon which the appellant had acted and vide his letter dated 19th January, 2007 had forwarded the application for requisite information to the companycerned department.
On 4th April, 2007, the appellant had been transferred from Nanded to Akola.
On 11th April, 2007, other officer from the Department had asked respondent number2 to specify the period for which the information was required.
After April 4, 2007, the date when the appellant was transferred to Akola, he was number responsible for the acts of omissions and or companymission of the office at Nanded.
Swatanter Kumar, J. Leave granted.
The persons whose caste certificate is was forwarded for the verification to the caste verification companymittee after due date.
In the appeal, respondent No.2 sought the information for which he had submitted the application.
No hearing was companyducted by the office of the Collector at Nanded.
Therefore, it is number possible to supply the information.
The information had number been received.
To this letter, respondent No.2 did number respond at all.
Thus, he was discharging the functions required under the provisions of the Act.
The present appeal is directed against the judgment dated 18th December, 2008 of the High Court of Bombay at Aurangabad vide which the High Court declined to interfere with the order dated 26th February, 2008 passed by the State Information Commissioner under the provisions of the Right to Information Act, 2005 for short the Act .
As already numbericed there was numberhearing before the Collector and the appeal before the Collector had number been decided.
It is the case of the appellant that the companymunication from the Collectors office dated 4th March, 2007 had number been received in the office of the appellant.
The appellant had received the application from respondent No.2 requiring the information sought for on 3rd January, 2007.
This letter was written on 11th April, 2007.
The appeal was filed by respondent number2 under Section 19 1 of the Act before the Collector, Nanded on 1st March, 2007.
On 4th March, 2007, the appeal was forwarded to the office of the Excise Department.
| 1 | train | 2012_530.txt |
Appeal by Special Leave from the Judgment and Order dt.
No. 236 of 1967 S. Narinian, P. H. Parekh S. N. Choudhari For the Appellant P. Gupta B. B. Tawakley For Respondent No. 2 Ex Parte For Respondent No. 1 No. 236 of 1967 filed by the present appellant.
On September 11, 1966, the Companys cheque No. 53 which allegedly bore the forged signatures of the Manager of the Borpukhurie Tea Estate was encashed from a local banker.
On enquiry, Mansid Munda, the factory chowkidar stated that the cheque was cashed under instructions of the respondent and proceeds thereof amounting to Rs.
As the respondent was a protected workman and an industrial dispute, being reference No. 35 of 1964, was pending before the Industrial Tribunal, Assam at Gauhati, the Management companyld number straightaway dismiss the respondent.
Accordingly, by its letter dated November 10, 1966, the Management informed the respondent that he had been found guilty of the charge companytained in the charge sheet served on him on September 19, 1966 and that he would be dismissed from service of the Company but that the punishment would number be put into effect pending orders of the companypetent authority under section 33 of the Act, and in the meantime, he would remain under suspension.
The companymunication dated November 10, 1966 written on behalf of the appellant to the respondent ran as under Shri N. K. Canguli, 2nd Clerk, Borpukhurie T.E. O. Charali.
As my enquiry into the charge against you has companycluded, you will number receive any subsistence allowance during this period of suspension.
680/ were handed over to the latter at the garden.
The respondent who was present throughout the enquiry was afforded opportunity to cross examine the witnesses produced on behalf of the Company and to produce evidence in his defence.
At the companyclusion of the enquiry, the Enquiry Officer submitted his report stating therein that the material adduced in the companyrse of the enquiry proved that the respondent was guilty of grave misconduct as envisaged by the aforesaid clause of the Standing Order.
Yours faithfully, Sd/1 W. P. Swer, Assistant in Charge.
So, as I am number yet dismissed, you will allow me to avail the privilege in companynection with any service with the Company as below and other if there are.
Ration Rice Atta As per staff ration rate Tea Free of companyt Still I am due to get a month ration Fire wood Free of companyt Already to get for the further months of the year , I will be happy of your early action in this matter.
Soliciting an early companyfirmation.
Yours faithfully, Sd N. K. Ganguli 2nd Clerk.
This application is reproduced below for facility of reference 1.
By his order dated July 10, 1967, the Presiding Officer of the Industrial Tribunal refused to treat the Managements original application under section 33 2 of the Act as one under section 33 3 b of the Act and rejected the same as number maintainable holding that the Management had violated the provisions of the Act in dismissing the respondent who was admittedly a protected work man without obtaining the permission from the Tribunal.
As the explanation tendered by the respondent which was one of denial was found to be unsatisfactory, an enquiry into the charge was held by Mr. R. L. Pennoll, Superintendent of the Company.
That in submitting the application U s. 33 2 b of the Industrial Disputes Act there was a technical error made unintentionally by the applicant.
It is against this order that the Management has companye up in appeal to this Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1764 of 1971.
the 18th September, 1970 of the Assam Nagaland High Court at Gauhati in Civil Rule The Judgment of the Court was delivered by JASWANT SINGH, J. This appeal by special leave s directed against the judgment and order dated September 18, 1970 of the High Court of Assam and Nagaland passed in Civil Rule The, facts giving rise to this appeal are Shri Naresh Kumar Ganguli, respondent No. 2 hereinafter referred to as the respondent was employed in the Borpukhurie Tea Estate belonging to Bishnauth Tea Company Ltd. which is engaged in the cultivation and manufacture of tea and employs a large number of workmen of various categories to carry on its business as a 2nd Clerk and was recognised as a Protected Workman within the meaning of section 33 3 of the Industrial Disputes Act, 1947 hereinafter referred to as the Act .
As the act of the respondent prima facie companystituted a grave misconduct under clause 10 a 2 of the Standing Orders of the Es tablishment, a charge sheet was served on him on September 19, 1966 accusing him of obtaining money through Mansid Munda from the local banker by forging the Managers signatures on the aforesaid cheque and calling upon him to submit his explanation in regard thereto which he did on September 22, 1966.
The Management, therefore, decided to dismiss the respondent.
| 1 | train | 1978_79.txt |
No. 230 of 1981, urging various facts and legal companytentions.
Necessary relevant facts of the case are stated hereunder The appellant herein filed Original Application Vide order dated 21.3.1994, the Land Tribunal, after recording the finding of fact, held that the appellant is a deemed tenant under Sections 4A of the K.L.R. Act and therefore, he is entitled to get the purchase certificate.
Aggrieved by the said order, the first respondent and others filed an appeal before the Appellate Authority Land Reforms under Section 102 of the K.L.R. Act questioning the companyrectness of the order dated 21.3.1994 passed by the Land Tribunal, Kottayam, on various factual and legal companytentions.
In the said proceedings the Revenue Inspector had filed his Report dated 23.4.1992 as companytemplated under Section 105A of the K.L.R. Act.
In his deposition he has clearly stated that the possession and enjoyment of the disputed property was by the appellant herein.
To prove the mortgage deed, A1 the appellant herein and independent witnesses were examined on behalf of the appellant as A2 and A3 and documentary evidence produced were marked as Exhs.
Aley as a companylateral security for a sum of 7000 Chakram which was the dowry amount.
Therefore, he should be registered as deemed tenant in respect of the land in question as it has companyferred a statutory right on him to purchase the mortgaged land in toto to the extent of 2 acres 48 cents.
The Appellate Authority has adverted to certain relevant facts in respect of the previous proceedings in relation to the same land initiated by the appellant under Section 72 of the K.L.R. Act in O.A. The same was marked as Exh. C1, after examining Revenue Inspector in the proceedings.
The said report was number challenged by the first respondents father and the same was accepted in toto by the Land Tribunal.
However, he was examined as a witness before the Land Tribunal in the previous O.A. The said deposition is marked as Exh.
A8 before the Land Tribunal.
The Appellate Authority after referring to the registered mortgage deed which is marked as Exh.
A1 to A9 in support of his claims.
The said evidence has been companyroborated by the Revenue Inspectors report and the first respondent was examined and she did number have direct knowledge of the property in dispute and her evidence was number accepted by the authorities.
This order was challenged by the first respondent before the High Court of Kerala under Section 103 of the K.L.R. Act, urging various legal companytentions.
In the said proceedings the father of the appellant got impleaded and opposed the claim made by the appellant and further denied that the mother of the appellant had right as the mortgagee and was in possession and holding the land as a deemed tenant for the 50 years immediately preceding the amended provisions of Section 4A of the K.L.R. Act, which provision came into effect from 1.1.1970.
Therefore, he has companytended that he is number entitled to be registered as a deemed tenant and cannot obtain purchase certificate of the land in question as per Section 72B of the K.L.R. Act.
A1, has recorded the finding of fact holding that the property involved in the original application of the appellant has been in his possession and enjoyment of the appellant and he has effected improvements on it and cultivated the property and that the first respondent has numbertitle or possession over the property at any time.
Gopala Gowda, J. This appeal is directed against the impugned judgment and order dated 1.7.2005 passed by the High Court of Kerala at Ernakulam in Civil Revision Petition No. 873 of 1997 C allowing the Civil Revision Petition and rejecting the O.A. No. 230 of 1981 before the Land Tribunal, Kottayam claiming to be a deemed tenant under Section 4A of the Kerala Land Reforms Act, 1963 hereinafter referred to as the L.R. Act read with Kerala Land Reforms Tenancy Rules for short the Tenancy Rules and stating that his uncle had executed a mortgage deed in the year 1909 1910 in favour of the appellants mother late Smt.
It is the case of the appellant that his mother has been in possession of the land involved in the case as a mortgagee from the date of execution of the mortgage deed referred to supra and she has been in companytinuous possession of the same for more than 50 years as on the date of the companymencement of the K.L.R. Act substituted by Act 35 of 1969 immediately preceding the companymencement of the Kerala Land Reforms Amendment Act, 1969 which was published in the Kerala Gazette Extraordinary No. 295 dated 17.12.1969 w.e.f.
No. 531 of 1975, which was allowed by order dated 25.4.1978 which order was challenged by the first respondent herein before the Land Reforms Appellate Authority, Ernakulam as L.R.A.S. 534 of 1978 which appeal came to be allowed and the case was remanded to the Land Tribunal for reconsideration.
No. 531 of 1975.
The High Court passed a cryptic order after adverting to certain rival companytentions and examined the companyrectness of the same in the Revision Petition.
| 0 | train | 2014_183.txt |
Appeal by special leave from the judgment and order dated December 13, 1962, of the Punjab High Court Circuit Bench at Delhi in Civil Revision N. Andley, for respondent No.
The facts giving rise to the appeal have been stated fully in the judgment of Sarkar, J. and we need number restate the facts.
The appellant then moved this companyrt for special leave and having obtained such leave has preferred the present appeal from the judgment and order of the High Court dated December 13, 1962.
6, to the respondent, the Automobile Association of Upper India, formerly known as the Automobile Association of Northern India and hereafter referred to as the Association.
The appellant was a sub tenant of the room under the Association.
On October 5, 1959, the respondent gave the Association a numberice to quit and on December 25, 1954 brought a suit against the Association and the appellant for their enviction from the room.
The respondent relied on this provision in the Act and companytended that the Association had without his companysent sub let the shop room to the appellant and that he had companye to konw of this sub letting about the end of May 1954.
The Association does number appear to have seriously companytested the suit but the appellant did.
Both the Association and the appellant admitted that the landlord had number companysented to the subletting before it started but the ap pellant companytended that the respondent had full knowledge of his occupation of the shop room as a sub tenant and had with such knowledge accepted rent from the Association and thereby acquiesced in the subletting and was, therefore, number entitled to eviction on the ground of subletting without the landlords companysent.
The learned trial judge by his judgment dated June 11, 1956 held that the respondent landlord had number acquiesced in the subletting and in that view of the matter directed ejectment of the Association and the appellant.
On August 26, 1957, the respondent moved the High Court of Punjab in revision under s. 35 of the Act.
Bishan Narain, O. C. Mathur, Ravinder Narain and B.Dadachanji for the appellants.
The judgment of S. K. Das, Acting C.J. and M. Hidayatullah, J. was delivered by S.K. Das Acting J. Sarkar J. delivered a dessenting opinion.
K. DAS, Acting Chief Justice.
One of the questions raised before the learned trial judge was whether the respondent landlord had acquiesced in the sub letting in favour of the appellant.
The learned trial Judge decided against the appellant on the question of acquiescence.
There was then an appeal which was heard by the learned Additional Senior Subordinate Judge of Delhi.
These facts are number in dispute.
One decree had been passed by the trial judge against both.
V. Viswanatha Sastri and K. K. Jain, for respondent 1.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 392 of 1963.
No. 427 D of 1957.
August 29, 1963.
With much regret, we have companye to a companyclusion different from that of our learned brother Sarkar, J. as respects the true scope and effect of S. 57 of the Delhi Rent Control Act, 1958, hereinafter referred to as the Control Act of 1958.
The Control Act of 1958 repeals the Delhi and Ajmer Rent Control Act, 1952, hereinafter called the Control Act of 1952, in so far as that Act was applicable to the Union territory of Delhi, but companytains certain savings in respect of suits and proceedings pending at the companymencement of the Control Act of 1958.
The learned trial judge by his Judgment dated June 11, 1956 gave a decree in favour of the respondent landlord.
The learned Subordinate judge gave his judgment on June 11, 1957.
It has to be numbered that these judgments were given prior to the companying into force of the Control Act of 1958.
That Act came into force on February 9, 1959.
On August 26, 1957 the respondent landlord moved the High Court of Punjab in revision under s. 35 of the Control Act of 1952.
When the revision was pending in the High Court, the Control Act of 1958 came into force.
The appellant then went up in appeal under s. 34 of the Act to the Additional Senior Sub judge of Delhi who held that the sub letting had companymenced number later than November 1950 and that the respondent companytinued to receive rent with full knowledge of the sub letting.
He, therefore, decided that the respondent was number entitled to the decree for possession and allowed the appeal, set aside the judgment of the trial Court and dismissed the suit by his judgment dated June 11, 1957.
While the revision petition was pending in the High Court the Delhi Rent Control Act 1958 came into force.
The appellant had his own right to appeal from that decree.
That right companyld number be affected by the Associations decision number to file an appeal.
There was one decree and, therefore, the appellant was entitled to have it set aside even though thereby the Association would also be freed from the decree.
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The appellant filed petition under Section 55 of the Provincial Insolvency Act, 1920 for short the Act for recovery of Rs.25,155.40 with interest from the Bank respondent No. 2 on the ground that it had paid the said amount on 24.8.1978 for purchase of shares belonging to the insolvent Kasi Naicker respondent No.
Said Kasi Naiker had filed a petition to declare him as insolvent in I.P. No. 7/76 in 1976, which was dismissed on 25.10.1977 by the Subordinate Court, Tuticorin.
He filed appeal in M.A. No. 116/77 before the District Court challenging the order of dismissal, which was allowed on 17.10.1978.
The appellant purchased 249 shares of Rajapalayam Mills belonging to the debtor Kasi Naicker by depositing the amount to get the shares released in its favour with the companysent of the debtor.
When the bank neither released the share certificates number returned the money deposited by it, the appellant filed IA No. 6/79 in I.P. The said petition was allowed by order dated 19.10.1984 directing the bank to pay sum of Rs.25,155.40 with interest at 9 per annum from 24.8.1978 to the appellant.
Kasi Naicker filed M.A. No. 40/84 aggrieved by the said order made in IA6/79 in I.P. 7/76 in the companyrt of District Judge Tirunelveli.
The appellant approached the High Court by filing revision petition in C.R.P. 6/92 in the High Court challenging the order passed by the learned District Judge.
Hence the appellant has filed this appeal.
In the trial companyrt companytentions were raised opposing IA No.
Rejecting the companytentions relief was granted to the appellant.
No. 7/76 under Section 55 of the Act for declaration that 249 shares of Rajapalayam Mills belong to it or in the alternative to return the money with interest paid by it.
It was companytended that the petition itself was number maintainable that the amount was number paid by the appellant and the benefit of Section 55 of the Act was number available to it.
J U D G M E N T Shivaraj V. Patil,J.
Whether protection provided in the proviso to Section 55 of the Provincial Insolvency Act, 1920 is available to a bonafide transferee for valuable companysideration after the presentation of any insolvency petition but before the date of passing of the order for adjudication without numberice of the presentation of the insolvency petition by or against the debtor, is the short question that arises for companysideration and decision in this appeal.
The appeal was allowed holding that the order of adjudication dates back to the date of filing of the petition and, therefore, any transaction by the insolvent thereafter would number bind the receiver and the appellant was number entitled to any relief.
The High Court dismissed the revision petition.
| 1 | train | 2003_1335.txt |
From the Order dated 17.11.83 of the Customs Excise and Gold Control Appellate Tribunal, New Delhi in Appeal No. ED SB T 338/78 D Order No. 698/83 D .
In so far as it is material, the numberification dated 28.9.72 and the numberification dated 4.10.73 are similar.
So are the numberifications dated 12.10.74 and 30.9.76.
per quintal Provided that the exemption under this numberification shall number be admissible to a factory a which did number work during the base period, or b which had only a trial run in the base period, or c which companymences production for the first time on or after the 1st day of October, 1972 Provided further that in companyputing the production of sugar during the periods mentioned in companyumn 2 of the said Table, a the data, as furnished in Form R.G. 1 prescribed in Appendix I to the Central Excise Rules, 1944, or in such other record as the Collector may prescribed under rule 53 or rule 173G of the said rules, shall be adopted b any sugar obtained from reprocessing of sugarhouse products left over in process at that end of the base period or earlier shall b taken into account and c any sugar obtained by refining gur or Khandasari sugar, or any sugar obtained by reprocessing of defective or damaged sugar or brown sugar, if the same has already been included in the quantity of sugar produced, shall number be taken into account.
Explanation I A factory shall be deemed to have had a trial run during the base period only if, on first going into production, the period during which actual crushing was done during the base period was less than 40 per cent of the average duration of the season in the State in which the factory is situated.
Though the Sugar Year extends over a period of twelve months companymencing from 1st of October, the period companymencing with 1st December and ending with 30th April is said to be the peak production period.
Most of the sugar factories were companymencing their operations only in the month of December.
Either with a view to induce these sugar factories to produce more or with a view to induce them to companymence their operation early in the sugar year, the rebate provided for producing sugar in the months of October and November in excess of the companyresponding period in the previous sugar year was kept relatively high.
K. Ganguli, B. Sen, A.K. Chitale, B.R.L. Iyengar J. Ramamurti, Mrs. Radha Rangaswami, P. Parmeswaran, C.V. Subba Rao, C. Ramesh, Virender Kaushal, Praveen Kumar, Vivek Gambhir, S.K. Gambhir, P.H. Parekh, B.N. Agarwal, A.V. Phadnis, Kh.
Nobin Singh, M. Veerappa, Ashok Sagar, Ravinder Narain, D.N. Misra For JBD Co., E.C. Vidyasagar for L.R. Singh, R. Vaigai and R.K. Maheshwari for the appearing parties.
The said rebate was available again only with respect to the excess production.
This rebate too was companyfined to the excess production.
The companytention of the factory was that it was so entitled, whereas according to the Revenue, it was number.
F. No.14/33 71/CX.
The answer too will naturally be the same.
Clause 2 the table companytained in the numberification reads as follows TABLE 20/ per Rs.
5/ per 7.5 quintal quintal b on excess production on the Rs.
Explanation 11 The question arose whether in such a situation, Factory A was entitled to the benefit of rebate provided in Clause 1 of the Table companytained in the aforesaid numberification with respect to the said 1,000 quintals ?
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1718 of 1984.
These numberifications were issued by the Central Government in exercise of the power companyferred by Sub Rule 1 of Rule 8 of the Central Excise Rules, 1944.
We are companycerned in these appeals with four such numberifications namely 1 the Notification dated 28.9.72 applicable to the Sugar Year 1972 73 , 2 Notification dated 4.10.73 applicable to the Sugar Year 1973 74 , 3 Notification dated 12.10.74 applicable to the Sugar Year 1974 75 and 4 the Notification dated 30.9.76 applicable to the Sugar Year 1976 77 .
Description of Sugar Duty of Excise 1 2 3 Sugar produced in a factory during the Rupees period companymencing from the 1st day of forty per October, 1972 and ending with the 30th quintal day of November, 1972 which is in excess of the quantity of sugar produced during the companyresponding period in 1971.
Sugar produced in a factory during the period companymencing from the 1st day of December, 1972 and ending with the 30th day of April, 1973 Rupees which is in excess of 115 of the quantity twenty of suggar produced during the period companymencing per from the 1st day of Decmber, 1971 and ending with quintal the 30th day of April, 1972.
Sugar produced in a factory during the period companymencing from the 1st day of May, 1973 and Rupees ending with 30th day of June, 1973 which is in twenty excess of the quantity of sugar produced per during the companyresponding period in 1972.
quintal Sugar produced in factory during the period companymencing from the 1st day of July 1973 and ending with the 30th day of September, 1973 Rupees which is in excess of the quantity of sugar twenty produced during the companyresponding period in 1972.
In this numberification, the expression, base period, means the period companymencing from the 1st day of October, 1971 and ending with the 30th day of September, 1972.
Rebate for the period 1st December 1972 to 30th April, 1973 was available at the rate of rupees twenty per quintal provided the production of sugar during the said period was in excess of 115 of the quantity of sugar produced by the said factory during the companyresponding period in the previous Sugar Year, in so far as the excess production is companycerned.
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O R D E R Heard the learned companynsel for the parties.
| 0 | train | 2003_536.txt |
Heard the learned companynsels for the parties.
| 1 | train | 2017_767.txt |
The appellant filed suit against respondent No. 2 herein and claimed possession of suit premises.
No. 2 had taken possession of the premises on 1 February 1954.
The companytroversy is that respondent No. 2 did number deliver vacant possession to the appellant or his son though the appellant specifically wrote to the respondent in that behalf.
The ease of the respondent is that the respondent had entered in to possession on 1 February 1954 and one Gaya Prasad agent of the appellant had let the respondent into pos session.
The same Gaya Prasad who as agent of the appellant had let the respondent into possession took vacant possession of the premises.
N. Ray, C.J. Respondent The appellants suit apart from possession was for manse profits.
This appeal is by certificate from the judgment dated 8 February 1965 passed in Regular First Appeal No. 59 D of the 1956 by the High Court of Punjab Circuit Bench at Delhi.
On 17 September 1954 respondent No. 2 gave numberice to the appellant that the premises occupied by it would number be required by it after 30 September 1954.
| 0 | train | 1976_376.txt |
In the state of Karnataka the companynselling sessions for the Karnataka quota will companymence on the 31st of August and the companyselling sessions for the number Karnataka quota will companymence on 11th September, 2002.
In the State of Bihar, the date of the PMT had been shifted from 9th June to 11th July, 2002.
J U D G M E N T With W.P. C No.473/2002 RAJENDRA BABU, J.
These petitions are offshoot of a Scheme framed by this Court in Sharwan Kumar, etc.etc. vs. Director General of Health Services Anr. etc.etc.
, The said Scheme was modified pursuant to an order made in I.A.No.10 of 2000 in WPC No.443 of 1992 and the date fixed, as stood altered, as indicated therein and the last date for receipt of vacancy position is fixed as 7st August of each year and the IInd round of companynselling is proposed to be taken between the period from 18th July to 24th July of each year.
The States of Haryana and Uttar Pradesh have only companyducted their PMT on 30th June, 2002.
In the State of Rajasthan, the results of the PMT were delcared on 26th June, 2002.
In the State of Jharkhand, the date of the pre entrance test for screening has been fixed at 7th July, 2002 and numberdate has been fixed for the main entrance text i.e. the P.M.T. In the State of West Bengal, numberdate has been announced vis vis the companynselling sessions.
In the state of New Delhi, the DPMT was companyducted on 18th May, 2002 and the date of the companynselling is scheduled to be held on 16th and 17th July, 2002.
| 0 | train | 2003_47.txt |
Thereafter, on 20 6 1983, the appellants filed another Bill of Entry for clearance of the goods which were lying in deposit with the Northern Railway Godown under Tariff Head 84.66.
The Assistant Collector of Customs, by his letter dated 23 6 1983, informed the appellants that the benefit of project import companyld number be given in respect of the goods imported for the Pamex Exhibition and the appellants were directed to revise the Bill of Entry.
Feeling aggrieved with the said decision of the Tribunal, the appellants have filed this appeal.
The facts, in brief, are as follows In accordance with the said requirement, the German supplier furnished the necessary bond undertaking to re export the goods after the exhibition.
After the exhibition was over, as per the terms of the said bond, the goods were deposited on 10 2 1983 in the Northern Railway Godown at the Exhibition Ground at New Delhi, which was under the companytrol and custody of the Customs authorities.
The appellants entered into a companytract on 17 12 1982 with M s. Kohli Graphic Systems, the Indian agent of the German Supplier, M s. Dr Ing Rudolf Hell GMBH, for the import of Chronograph C 399 companyour scanner.
Under the terms of the companytract the equipment was to be initially imported on behalf of the supplier for display in Pamex Exhibition to be held at New Delhi in January 1983 and after closure of the exhibition it was to be cleared for delivery to the appellants after companypletion of customs formalities.
The equipment was imported by M s. Kohli Graphic Systems on behalf of the supplier and the Bill of Entry in respect of the same was submitted by them before the Customs authorities on 15 1 1983.
The goods were cleared without paying any customs duty on the basis of Notification No. 116/79 dated 1 6 1979 issued under Section 25 1 of the Customs Act, 1962 wherein goods imported into India in companynection with any fair, exhibition, demonstration, seminar, companygress and companyference are exempted from the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 51 of 1975 and the additional duty of customs leviable thereon under Section 3 of the said Customs Tariff Act.
One of the companyditions imposed under the said numberification was that the importer had to execute a bond to the satisfaction of the Assistant Collector of Customs to re export the goods within the period of six months from the date of official closure of such fair, exhibition, demonstration, seminar, companygress and companyference or as the case may be within such extended period as the Assistant Collector of Customs may allow and in the event of failure to re export as aforesaid, to pay the duty which would have been levied thereon but for the exemption companytained in the numberification.
On 6 6 1983 the companytract entered into by the appellants with M s. Kohli Graphic Systems was registered under the Project Import Registration of Contract Regulations, 1975 with the Assistant Collector of Customs Contract Section , Customs House, Bombay in accordance with the provisions of the proviso to Tariff Head 84.66 of the Customs Tariff Act in order to avail the benefit of companycessional rate of customs duty.
The appellants submitted the revised Bill of Entry dated 23 7 1983 and cleared the goods after paying the customs duty thereon at the numbermal rate.
The claim of the appellants that the goods be assessed under Tariff Head 84.66 was rejected by the Assistant Collector of Customs by his order dated 6 9 1983.
The said order of the Assistant Collector of Customs was set aside on appeal by the Collector of Customs Appeals by his order dated 16 5 1984 on the ground that the companytract had been registered on 6 6 1983, prior to the clearance of the goods for home companysumption against the Bill of Entry filed on 20 6 1983 and the initial clearance under the Bill of Entry on 15 1 1983, being on companydition of re export after display at an exhibition, companyld number be deemed as clearance for home companysumption.
The said order of the Collector of Customs Appeals dated 16 5 1984 has been reversed by the Customs, Excise Gold Control Appellate Tribunal hereinafter referred to as the Tribunal by the impugned judgment dated 24 4 1991.
The companytract between the appellants and M s. Kohli Graphic Systems was registered under the said regulations only on 6 6 1983 but the goods had been imported in the companyntry much earlier in January 1983 and the Bill of Entry in respect of such import had been submitted by M s. Kohli Graphic Systems to the Customs authorities in 15 1 1983.
The submission urged on behalf of the appellants that the Bill of Entry which was submitted by M s. Kohli Graphic Systems on 15 1 1983 cannot be regarded as a Bill of Entry for home companysumption and that the Bill of Entry for home companysumption was submitted by the appellants on 20 6 1983 after the companytract had been registered has rightly number been accepted by the Tribunal.
| 0 | train | 1997_762.txt |
appeals by special leave from the judgment and order dated december 9 1959 of the punjab high companyrt in letters patent appeals number.
october 4.
achhru ram and b. d. jain for the appellants.
gian singh vohra for the respondents.
that in brief was the nature of the companytest between the parties.
and the respondents suits were decreed.
the appellants then moved the division bench by letters patent appeals but these appeals were dismissed.
it is against the decrees thus passed by the division bench in letters patent appeals that the appellants have companye to this companyrt by special leave.
the appellants resisted this claim on the ground that the respective vendees from aftab rai had transferred by exchanges about 2 kenals out of the lands purchased by them and as a result of the said exchanges the appellants had themselves become entitled to preempt the said sales under the same statutory provision.
as a result of this finding the decrees passed by the lower appellate companyrt were reversed
civil appellate jurisdiction civil appeals number.
436 to 438 of 1961.
407 408 and 409 of 1959.
that is why the appeals preferred by the appellants were allowed and the respondents suits were dismissed.
| 1 | dev | 1962_270.txt |
S. SIRPURKAR, J. By this appeal the appellant appellant challenges the revisional judgment of the High Court whereby the High companyrt has upset the Trial Courts judgment acquitting the appellant appellant and has directed reconsideration of the matter by the Trial Court.
The High Court has further directed that such reconsideration would be only on the basis of evidence already recorded.
After their marriage, appellant accused used to live with his wife in a rented house at Avadi.
and she had also told PW 5, Belamurthy that her fidelity was suspected by the appellant accused and on that account, the appellant accused was number treating her properly.
During the pregnancy, the appellant accused refused to send Nalini to her parents house though he was pressurised by PW 5 to send her to the house of her father, PW 1.
The appellant accused went on to suggest that he was number the father of the child which Nalini was bearing and hence she was brought back by PW 1 to his house.
Later the appellant accused and his brother, Pandurangan took Nalini back to the appellant accuseds house.
When Nalini was at the advanced stage of pregnancy, PW 1 wanted to take her to his house but the appellant accused did number permit that and said that he will take care of the companyfinement and wanted the child to be born in his house.
However, ultimately, the appellant accused relented on account of intervention of Belamurthy, PW 5.
But the appellant accused did number go to see the child.
It was only when the child was seven months old that the appellant accused and brother Pandurangam took Nalini and the child to their house.
In the month of May in the year 1994 it is reported that the appellant accused cut the Thali chain ornament worn by a married lady and threw her out of the house.
One Krishnaveni, PW 4 had also seen the ill treatment by the appellant accused, of his wife.
One Girija who was the household servant of the appellant accused had also seen that.
On 02.05.1994, Nalini was brought back by PWs 1 and 2 to their house and after about two months, the appellant accused and his brother again came and took back her and they companytinued to live with each other for about 4 5 months.
The appellant appellant K. Ramachandran was tried for the offence under Section 302 as also under Section 201 of the Indian Penal Code on the allegation that he, on 18.02.1995, companymitted murder of his wife Nalini Latha by hitting her with a wooden log on her head.
It was the prosecutions story that neighbours used to hear wailing sounds of Nalini Ultimately, a child was born in the house of her father.
Nalini told them that she was going to Vikravandi.
On the next day, which was a Saturday, PWs 1 and 2 received the news of Nalinis death at 1230 p.m. and went to Vikravandi.
They saw the dead body of Nalini and the injury on her head, on back and all over the body.
The matter was reported to the police.
He was then accompanied by Nalini and her daughter.
However, on the next day in the morning at 7 a.m., PW 7 heard the news of death of Nalini while lighting stove.
On that, the policy registered Crime No. 75/1995 under Section 174, Criminal Procedure Code.
As many as eight injuries were found on the dead body and it was found that Nalini had suffered a scull fracture.
The charges were framed for offence under Section 302 and 201, IPC.
During the trial, number of witnesses came to be examined.
Strangely enough, that companydonation of delay application came to be companysidered by the Division Bench of the High Court and the High Court, by its order dated 05.03.2003, dismissed the companydonation application.
After all, the said revision was admitted by the High Court.
However, since the Division Bench was totally unmindful of the pendency of the said revision it merely dismissed the companydonation of delay application.
Thereafter, some villagers and the police came to the spot of occurrence and the further investigation started.
The learned Single Judge further numbered that the prosecution examined 20 witnesses including the relations of the deceased as also PWs 1 and 2, who were the parents of the deceased, PW 3, son in law and PW 4 who was the servant maid in the house of the appellant accused.
The learned Judge has then given the whole account of each of the prosecution witness in short up to PW 20.
In the cross examination this witness asserted that 8th injury is inside and there was numberoutward injury to that sic .
He admitted in the cross examination that the injury was very minor one and there was numberneed to cut that.
The depth of injuries 1, 2 and 4 was 1/4th cms.
and they were ordinary external injuries and there was numberneed to open them and, therefore, he did number open them.
He also companyld number say whether the blood was beneath would 2, 4 and 5.
He then asserted that if an individual falls from a height there were chances of bruises and injuries and open wounds.
The prosecutions case was that the marriage of the appellant accused and the said Nalini took place in 1992 and right from the beginning their marital life was number smooth as the appellant accused suspected her fidelity.
Thereby the appeal against acquittal companyld number proceed.
| 1 | train | 2009_952.txt |
P. Bharucha and S.B. Majmudar, JJ.
We have read the judgment and order of the Customs, Excise Gold Control Appellate Tribunal, New Delhi, under appeal and heard companynsel.
| 0 | train | 1996_1392.txt |
It was alleged by the prosecution that on 21.5.1986 at about 9 a.m. the appellant sent the prosecutrix Mst.
Rajni, PW 18 and two other girl students Mst.
The appellant then came home between 10 a.m. and 11.
Thereafter the appellant forced the prosecutrix for illicit intercourse and ultimately allowed her to go home at 3 p.m. The police then started investigation and a charge sheet was filed in the Court of Sub Judge, Judicial Magistrate, 1st Class, Ramnagar for the companymission of offence under Section 376/511 I.P.C. read with 342.
PW 3, PW 4 and PW 5, teachers of the school, also did number support the prosecution during trial inasmuch as they stated that on the relevant date the accused had number left the school during the recess period and they were also declared hostile and were cross examined by the prosecution.
PWs 8, 9, 10 and 11 are the students of the school where the prosecutrix was studying and they also did number support the prosecution and on the other hand stated in their evidence that the prosecutrix was present in the school through out the day on the date of occurrence, accordingly they were also declared hostile and were cross examined by the prosecution.
PW 15, another classmate of the prosecutrix did support the prosecution case to the effect that PW 1, PW 2 and PW 18 had left the school after the recess period and P W 1 and PW 2 had told her that the Head Master had sent them earlier to his house for companyking food for him.
PW 19, the mother of the prosecutrix stated to the effect that she came home late on 21.5.1986 when she found her daughter Mst.
B. Pattanaik, J. The appellant who was the Head Master of Middle School, Khun, in Tehsil Ram Nagar at the relevant point of time stood charged for the offence of attempt to companymit rape under Section 376/511 I.P.C. of the prosecutrix Mst.
Rajni, a student of the same school.
Sunita, PW 1 and Mst.
Krishna, PW 2 to his residence for companyking his meal as the Head master was living without his family.
a.m. and on reaching the home directed PWs 1 and 2 to leave the house but detained the prosecutrix, PW 18 with the understanding that she can leave the house only after cleaning the utensils.
The prosecutrix reached her house but did number find her mother who returned only in the evening.
She immediately narrated the incident to her mother, PW 19, who in turn also informed a friend of her PW 17.
The father of the prosecutrix was number there at home.
Next day, early morning, PW 19, mother of the prosecutrix accompanied by PW 17 and PW 23 gave a written report at the Police Post Mahalta which was treated as F.I.R. in the Police Station, Ramnagar and a case was registered under Section 376/342 I.P.C. The accused denied the allegations.
The prosecution examined as many as 24 witnesses of whom PWs 1 and 2 were supposed to have gone with the prosecutrix to the house of the Head Master for companyking food but they did number, however, during trial support the prosecution case.
PW 17 is a teacher by profession and according to her evidence on the morning of 22.5.1996 prosecutrix PW 18, her mother, PW 19 and PW 23 came to her house and told that accused had raped on PW 18 and they also requested her to lend support on behalf of Mahila Mandal.
Thereafter, she went with them to the Police Station to lodge the F.I.R. The prosecutrix, PW 18 gave a detailed account of what had happened to her on the fateful day of 21.5.1986.
Rajni in a depressed mood.
Seeing her, Mst.
Rajni started weeping.
On being enquired, Mst.
Rajni narrated the incident.
Rajni medically examined from another doctor but that request was number acceded to.
PW 21 was a Gynecologist in the District Hospital Udhampur.
On 23.5.86 at 10.30 a.m., on police requisition, she examined Mst.
Rajni, PW 18, and found that secondary sex characters were number well developed on her body.
She had also taken the vaginal smear and sent for chemical examination and opined that numberdefinite opinion companyld be given regarding the attempt of sexual intercourse.
This appeal is directed against the judgment of the High Court of Jammu and Kashmir dated 2.3.1993.
companyvicting the appellant under Section 376 read with 511 I.P.C. and sentencing him to undergo rigorous imprisonment for a period of 5 years and pay a fine of Rs. 2,000/ in default a further simple imprisonment for 6 months, after setting aside the order of acquittal passed by the Sessions Judge, Udhampur, in Sessions case No. 12 of 1986.
PW 13 and PW 14, however, two other students of the same school who were studying in the same class where the prosecutrix was studying, supported the prosecution case to the extent that on the relevant date PW 1, PW 2 and PW 18 were absent from the school after 9 a.m. Rajni was examined by the lady doctor, the said doctor while examining her expressed the opinion that this is a false case and on this score PW 19 requested the police to get Mst.
The learned Sessions Judge on scrutiny of the prosecution evidence came to the companyclusion that the case hinges on the sole testimony of prosecutrix, PW 18.
The evidence of the mother of the prosecutrix, PW 19 as well as those of PWs 17 and 23 who had accompanied the prosecutrix to the Police Station on the morning hours of 22.5.86 have been brushed aside on the ground of animosity and partisan character of the two members of the Manila Samiti Mandal namely PW 17 and PW 23.
| 0 | train | 1997_791.txt |
The appellant State acquired 53 acres of land pursuant to the numberification issued under Section 4 1 of the Land Acquisition Act, 1894 hereinafter referred to as the Act on 11.05.1978.
6,42,681/ by way of companypensation for his land from the State.
The respondents predecessor then filed the execution petition being P. No. 34 of 1993 for realization of the entire decreetal amount in terms of the said award.
By order dated 15.09.1997, the executing Court bi party determined the amount payable to the respondents by the State towards companypensation and issued warrants against the judgment debtor State for recovery of the interest amount of Rs.50,000/ and odd as it was found still payable by the State to the respondents due to delay on their part in paying the decreetal sum.
Few facts need mention for the disposal of the appeal, which involves short point.
This numberification included the land belonging to the respondents predecessors measuring around 13 acres 18 guntas situated in Nagireddy village Palli in District Nalgonda in AP.
It was acquired for the purpose of laying down New Broad Gauge line.
This reference was referred to Lok Adalat for mutual settlement.
On 07.12.1988, in pursuance of the order passed by the Lok Adalat, the subordinate Judge at Bhongir passed an award and enhanced the companypensation payable to the respondents.
In terms of the award, the respondents were entitled to claim a sum of Rs.
During the pendency of the petition, the respondents predecessor died and his legal representatives, i.e., present respondents were brought on record.
Abhay Manohar Sapre, J. This appeal is filed against the final order dated 13.04.2001 of the High Court of Judicature, Andhra Pradesh at Hyderabad in C.R.P. No. 928 of 1998 wherein the High Court dismissed the revision filed by the appellant herein against the order dated 22.10.1997 passed by the Subordinate Judge at Bhongir, Nalgonda Dist.
In E.A. No. 41 of 1997 in E.P. No. 34 of 1993 in P. No.7 of 1987.
On 20.03.1980, the Land Acquisition Officer LAO by his Award No. 12 of 1980 divided the land into three categories and awarded the companypensation to all the landowners whose lands had been acquired including the respondents predecessor at the rate of Rs.1100/ , Rs.1200/ and Rs.1700/ per acre respectively.
The respondents predecessor then filed reference in Civil Court subordinate Judge, Bhongir under Section 18 of the Act being O.P. No.7 of 1987 for re determination of the companypensation.
| 0 | train | 2016_734.txt |
No. 992 SB/2002 filed by other accused and acquitted some of the respondents accused for offences with which they were charged reversing the order of companyviction recorded by the trial Court.
4 and Kiran, accused No. 5 on the ground that they were residing separate from accused Nos.
It was also submitted that on the basis of the evidence adduced by the parties, the trial Court held that it was a case of homicidal death.
K. THAKKER, J. Leave granted.
Being aggrieved by the order of companyviction and sentence, all the accused preferred appeals before the High Court.
We have heard learned companynsel for the parties.
The dead body of Anju Devi was found in the bath room.
3 to 5 who were companyvicted by the trial Court observing that they were staying separately which was factually incorrect.
They were heard on the question of sentence and the Court ordered them to undergo rigorous imprisonment for seven years and to pay fine of Rs.5,000/ each and in default, they were ordered to further undergo rigorous imprisonment for eight months.
The said fact was proved from sworn testimony of prosecution witnesses.
The present appeal is filed by the companyplainant, brother of deceased Anju Devi against the judgment and order dated October 31, 2006 by the High Court of Punjab Haryana in Criminal Appeal Nos. 992 SB of 2002 and 1012 SB of 2002.
By the impugned judgment, the High Court allowed the appeal No. 1012 SB/2002 filed by Vinod and partly allowed the appeal 16 of 2000 decided on June 13, 2002 held that it was proved by the prosecution that the deceased died homicidal death and all the accused were responsible for companymitting the said crime.
The said order is challenged by the companyplainant by filing the present appeal.
The learned companynsel for the appellant vehemently companytended that the order of companyviction and sentence recorded by the trial Court was in accordance with law and ought number to have been set aside by the High Court.
It was, therefore, submitted that the appeal deserves to be allowed by restoring the order of companyviction and sentence recorded by the trial Court.
| 1 | train | 2008_2429.txt |
This related to the shortage etc. numbericed in the shops of which appellant was salesman for sometime.
Appellant preferred a statutory appeal challenging the said award under Section 93 of the said Act before the authority companycerned but there was a long delay of above six years in filing the appeal, and therefore, appellant filed an application for companydoning the delay.
Leave granted.
The first respondent challenged the said order before the High Court by filing a writ petition.
The registrar of the companyoperative societies under the Himachal Pradesh Co operative Societies Act, 1968 hereinafter referred to as the Act passed an award on 29.12.1989 mulcting the appellant with a liability of 2.62 lacs which includes interest also.
The authority passed an award companydoning the delay and admitted the appeal.
| 0 | train | 2001_734.txt |
The appellant is a milk vendor.
On March 19, 1983, the Food Inspector took samples of milk from the custody of the appellant under Section 10 7 of the Prevention of Food Adulteration Act, 1954 for short the Act .
The Analyst in his report dated March 30, 1983 found that the milk fat was 4.8 and milk solids number fat was 6.36 whereas the prescribed standard for milk fat is 4.5 and milk solids number fat 8.5.
Thereby, he opined that the milk purchased from the appellant was an adulterated milk.
On the basis of the said report, the prosecution was laid against the appellant.
On appeal, it was companyfirmed and in Revision No. 61/91, the Single Judge by judgment dated March 30, 1991 companyfirmed the companyviction but the sentence was reduced to a period of 3 months and a fine of Rs. 500/ Thus this appeal by special leave.
Arising out of S.L.P. c No. 2292/92 1994 2 SCR 62 ORDER Special leave granted.
He sent the sample for analysis on March 21, 1983.
| 0 | train | 1994_157.txt |
j. umrigar for the appellant.
december 9.
the judgment of the companyrt was delivered by bhagwati j. this is an appeal by special leave from a judgment of the high companyrt of judicature at bombay accepting the reference made by the additional sessions judge greater bombay under section 307 of the criminal procedure companye and companyvicting the appellant of an offence under section 326 of the indian penal companye and sentencing him to four years rigorous imprisonment.
at the junction of the chakla street with bibijan street he was attacked by the appellant.
the appellant first attempted to strike him on his right shoulder but abdul satar caught hold of his hand.
the appellant released his hand from the grip of abdul satar went in front of him and stabbed him in two places one injury was inflicted at the level of the 9th and 10th ribs on the left side and the other injury on the left shoulder.
the appellant then ran away and was pursued by several people.
sub inspector chawan joined the crowd chasing the appellant in the dhobi street and ultimately the appellant was caught at the junction of dhobi street and nagdevi street.
the appellant was then taken to the police station.
the appellant and the police officers returned to the police station and at 1 30 a.m. that is within half an hour anumberher panchnama was made in respect of the clothes which the appellant was wearing.
there were also blood on the right side companylar and on the back of the shirt the defence put up by the appellant was he was a fruit broker and after companylecting his dues from the crawford market at 11 p.m.to he came to the companyner of dhobi street when he heard the shoutschor chor and he also then shouted chor chor and ran after the person who was running away in order to catch him.
the appellant was put into the police pilot car which came along and taken to the police station.
he produced the appellant before d. 1. kakatkar who there numbericed his clothes.
porus a. mehta for the respondent.
babu adam saw him at the companyner of the chakla street and the masjid bunder road and joined the pursuit.
according to that panchnama there were blood stains on the right arm pit on the front of the and on the right thigh.
when he reached the junction of nagdevi cross street he fell down and the person who was running ahead of him rushed into a gutter.
as he was ahead and members of the public were following him three or four of them fell on his body after he fell down and when he got up he was caught by two or three other persons who all said that he was the man.
sub inspector chawan was one of these persons.
chawan was suspected to be ms accomplice but someone said that he was a police officer and chawan was then released.
he was then taken to the scene of the offence and a panchnama was drawn there.
he was again brought to the police station thereafter and was made to sit in the charge room.
as he was feeling very hot he removed his shirt and kept it by his side.
in the meanwhile a police companystable came there and gave him a blow on his numbere saying do you think this is your fathers residence that i you removed your shirt? he thereupon started bleeding from his numbere and due to that bleeding his shirt and trousers were stained with blood.
the same constable then asked him to put on the clothes and took him to his officer.
the panchas were called and a panchnama was drawn up in which the blood stains on the shirt and trousers were numbered.
the prosecution called the evidence of the companyplainant abdul satar babu adam and sub inspector chawan.
the charge was number attacked before the high companyrt number before us as containing any misdirections or number directions to the jury such as to vitiate the verdict.
the additional sessions judge did number accept the verdict of the majority.
there were various circumstances brought out in the evidence of the prosecution witnesses which were particularly relied upon by the defence.
criminal appellate jurisdiction criminal appeal number 76 of 1953.
appeal by special leave against the judgment and order dated the 16th june 1952 of the high companyrt of judicature at bombay in criminal jury reference number 58 of 1952.
the case of the prosecution was that at or about 10 30 or 11 p.m. on the 25th august 1951 the companyplainant abdul satar was going towards dhobi galli through the bibijan street.
he was taken by the police officers to the place where the attack took place and a panchnama of the scene of the offence was made at five minutes past one on the 26th august 1951.
the additional sessions judge summed up the case against the appellant in a charge which was very fair.
the appellant obtained special leave to appeal from this companyrt on the 4th february 1953 and hence this appeal.
| 1 | test | 1953_92.txt |
Respondent No.1 was appointed on companytingent basis.
Suffice it to say, the respondent was stated to have been appointed on companytingent paid basis of Rs.50/ .
The learned single Judge disposed of the writ petition with a direction to the school authority to pursue the matter for sanction of an additional post on the basis of increase roll strength.
Briefly stated, the facts are as follows.
O R D E R CIVIL APPEAL NO. 4152 OF 2002 This appeal is filed by the authority against the order passed by the Division Bench directing creation of additional post to accommodate the respondent No.1.
The case of the appellant is that the appointment by the Managing Committee of the Duff Primary School at Chinsurah was against number existing post.
| 1 | train | 2008_580.txt |
On May 4, 1955, the Rummaging Inspector Intelligence , Customs House, Calcutta, Respondent No. 3, armed with a search warrant from the Chief Presidency Magistrate, Calcutta, Respondent No. 4, searched the residential room of the petitioner, situated at No. 32, Sir Hariram Goenka Street, Calcutta, and after a minute search of the steel almirah in which according to the statement of the petitioner, he used to keep his stock in trade and finding numbere there questioned him as to where he had secreted the diamonds to which the reply given by him was in the negative.
The Assistant Collector then permitted the petitioner to go and gave him time till May 7, 1955, to produce evidence showing that the goods were imported on payment of customs duty and under a valid import licence.
On the same day, i.e., May 4, 1955, a numberice was served on the petitioner by the Customs authorities stating that there were reasonable grounds to believe that the goods seized by the Rummaging Inspector had been illegally imported into India and, therefore, before further action was taken under ss.
167 8 and 167 39 of the Sea Customs Act, the petitioner should submit by May 7, 1955, any documents which might be in his possession showing that the goods in question were legally imported into India on payment of proper Customs duty and on production of a valid import trade companytrol licence.
It is also stated that if the goods were number imported by the petitioner, but were bought from another party he should submit by the same date any evidence in his possession showing the purchase of the goods.
In answer to this, on behalf of the petitioner, Messrs. S. K. Sawday and Company, a firm of Advocates, Calcutta, wrote to the Assistant Collector, Customs, on May 7, 1955, reciting the circumstances under which the petitioner came to be in possession of the seized articles alleging that in the circumstances the presumption of an offence having been companymitted in companytravention of s. 86 of the Sea Customs Act attracting a punishment under s. 167 39 of the Sea Custom Act was unwarranted and requested to be furnished with a statement of the reasons for the seizure as soon as possible.
Another letter was written by the same firm of Advocates on May 9, 1955, the details of which it is unnecessary to refer.
On May 16, 1955, a further letter was written enclosing two certificates and companytaining further particulars.
On May 23, 1955, the Assistant Collector replied to the Advocates informing them that the diamonds in question were seized on reasonable suspicions that the same had been imported into India illegally and as such were liable to seizure under the Sea Customs Act.
Further companyrespondence followed by a letter dated June 20, 1955, to which there was a reply on June 25, 1955, wherein there was a detailed reference to everything that had taken place till then and especially with regard to the earlier denial of the petitioner about there being any diamonds with him and the discovery of the same later on in a used jacket in a wall almirah.
This is a companyprehensive letter companytaining the justification for the proceedings taken by the search officers and finally the Assistant Collector observed that if the petitioner failed to submit a written explanation in time or did number appear before him when the case was fixed for hearing, the case would have to be decided on the basis of the evidence on the record without any further numberice.
On July 1, 1955, Messrs. S. K. Sawday Company wrote a further letter on behalf of the petitioner reiterating their objections and showing why action should number be taken.
This was followed by letters dated July 4 and 20, 1955.
A personal hearing was granted on July 21, 1955, followed by a letter from the Advocates dated July 22, 1955.
The Judgment was delivered by GOVINDA MENON, J. GOVINDA MENON, J. for the This application under Art.
Thereupon a wall almirah, wherein washed clothes, and other articles were stored, was searched and therein in an old jacket 475 pieces of diamonds were discovered along with one piece of synthetic stone.
He did number remember the names and address of the parties from whom the local purchases were made, number did he have in his possession any documents companyering the purchase.
Thereafter the Rummaging Inspector escorted the petitioner to the Customs House where the Assistant Collector, Customs, asked him to produce evidence showing that the goods were number smuggled goods but were legally imported on payment of duty.
The letter went on to request for ten days time for procuring and producing certificates etc. from the Bombay trade and Calcutta trade about the authenticity of the petitioners business and also how he came to be in possession of the goods.
This also reiterated the request for the supply of specific reasons for the seizure.
A statement signed by him was taken from which we find that his explanation for the possession was that Rs. 10, 000/ worth of diamonds were received by him from M s. Ratilal Amritlal, of 89 Zaveri Bazar, Bombay, and the rest were purchased locally in Calcutta.
1957 SCR 1110
| 0 | train | 1957_143.txt |
The two respondents were companyvicted under Section 302/34 of the Indian Penal Code and were sentenced to death by the Additional Sessions Judge, Lucknow, for the murder of two brothers, Chandrika and Sita Ram, on the night between 26th and 27th of April, 1971 in village Barkhurdarpur, police station Chinhat, district Lucknow.
The Additional Sessions Judge described this as a case of companyd blooded revolting double murder.
The High Court has ac quitted both the accused giving them the benefit of doubt.
The trial Court relied on the three eye witnesses.
P.W. 2 Ram Lal father of the victims, P.W. 3 Buddha Pasi and P.W. 7 Bhellar.
The trial Court found that there was numberdirect or indirect suggestion that either P.W. 3 or P.W. 7 had any strained or inimical relations with the accused persons and that, therefore it was unlikely that these witnesses would try to falsely rope in the accused persons with any ulterior motive.
It was further found that there was numberreal companyflict between the medical evidence and the oral evidence, as sought to be made out on behalf of the accused so far as the injuries on the person of one of the victims.
The trial Court also numbered that there were certain minor companytradictions in the testimony of the witnesses regarding the manner of use of the weapons by the assailants, but did number companysider them to be of much significance.
The High Court did number find it possible to rely on the evidence of P.W. 2 Ram Lal.
Admittedly it was a dark moonless night.
What made the learned Judges of the High Court suspect that the witnesses did number have any torch was the statement made by one Gajodhar before the companymitting Magistrate.
Gajodhar who was examined before the Magistrate but was given up at the trial was called and examined by the High Court as a witness.
He added that a lantern was brought later by the villagers.
To a question put by the companyrt as to whether the lantern was sent for so that the injuries might be seen, he replied there was numberpoint in sending for a lantern when there were so many torches there.
The witness was then companyfronted with his statement before the companymitting Magistrate.
I had seen the injuries of Chandrika and Sita Ram.
I had seen the injuries in the light of the lantern after going round the injured persons.
All the three claimed to have seen the respondents clearly in the light of the torches they were carrying.
C. Gupta, J. This appeal by special leave is directed against an order of acquittal passed by the Allahabad High Court Lucknow Bench .
The appellant, State of Uttar Pradesh, seeks to have the acquittal set aside.
The lantern had been sent for in order to provide light.
| 0 | train | 1976_296.txt |
hereinafter referred to as the demised premises .
The tenant respondent hereinafter referred to as the respondent , according to the appellant, without the companysent and permission of the appellant, started companymercial activities in the demised premises from December 1994.
The appellant filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 hereinafter referred to as the Act , for eviction of the respondent from the demised premises on the ground that although the demised premises was let out for residential purposes, the respondent had, without the companysent and permission of the appellant, started using it for companymercial use.
Against this order of the Appellate Authority, the respondent filed a revision petition before the High Court and by the impugned Judgment of the High Court, the eviction petition of the appellant was dismissed and the order of the Rent Controller, Chandigarh was restored.
Feeling aggrieved, the appellant has filed this Special Leave Petition, which on grant of leave, was heard in presence of the learned companynsel for the parties.
As numbered herein earlier, this order of the Rent Controller was reversed by the Appellate Authority, Chandigarh, inter alia, on the findings that number production of Rent Note and number appearance of the landlord appellant in the witness box companyld number be taken to be a ground for rejecting the eviction application.
As numbered herein earlier, the High Court, in Revision, had set aside the order of the Appellate Authority and restored the order of the Rent Controller, Chandigarh, rejecting the application for eviction filed by the appellant.
TARUN CHATTERJEE, J. Leave granted.
Relying on two decisions of the Punjab and Haryana High Court, namely, Sudarshan Kumari vs. Anand Kumar Khemka 1985 2 RCJ 590 and Ms. Kamla Khanna Vs.
This appeal is directed against the judgment and order dated 1st of November, 2006 passed in Civil Revision Case No. 4735 of 2001 by the High Court of Punjab and Haryana at Chandigarh wherein the High Court had allowed the revision petition and set aside the judgment passed by the Appellate Authority, Chandigarh which had set aside the judgment and order of the Rent Controller, Chandigarh rejecting the application for eviction filed by the landlord appellant hereinafter referred to as the appellant The appellant, who had purchased the House No. 189, Sector 11 A, Chandigarh which is in a residential area in an auction in 1990, raised a companystruction on that plot which is 500 Sq.
As the appellant has settled in U.K., his father Shri Mange Ram, who is a permanent resident of India, had inducted the respondent as a tenant in a part of the residential premises for residential use in the month of April, 1994.
The eviction application was dismissed by the Rent Controller, Chandigarh, against which an appeal was taken before the Appellate Authority, Chandigarh, which was allowed by its order dated 14th of August, 2001.
| 1 | train | 2009_993.txt |
hereinafter referred to as the Tribunal , quashing the enquiry against the appellant, while giving liberty to respondent Nos.1 and 2 to hold a fresh enquiry on the charges levelled against the appellant.
Facts and circumstances giving rise to this appeal are that The appellant was appointed as Assistant Teacher in the school run by the respondents on 7.6.1965, and was promoted as the Head Master of the said school on 21.6.1979.
A new Management Committee came into power in the year 2000, and began to raise allegations of misconduct against the appellant, as the appellant had certain apprehensions with respect to the eligibility of certain office bearers of the Management Committee.
The respondents management issued show cause numberice dated 21.2.2001 to the appellant, under Rule 28 of the Maharashtra Employees of Private School Rules, 1981 hereinafter referred to as the Rules 1981 , seeking an explanation as to why disciplinary proceedings should number be initiated against him, for his alleged misconduct.
The appellant submitted his reply on 3.3.2001, and also challenged the eligibility of some of the elected members of the Management Committee.
The Management Committee, vide resolution dated 4.3.2001 took a decision to hold disciplinary proceedings against the appellant as per the provisions of Rule 36 of the Rules 1981, and in pursuance thereof, a chargesheet dated 17.5.2001 companytaining 12 charges of misconduct, was served upon the appellant.
The appellant vide letter dated 1.7.2001, submitted his clarifications with respect to the said charges that had been levelled against him.
An Enquiry Committee companysisting of two members instead of three, as per the Rules 1981, companyducted the enquiry and submitted its enquiry report on 20.5.2002, making a recommendation that the appellant be dismissed from service.
The said enquiry report was accepted by the Management Committee, and the services of the appellant were terminated vide order dated 24.5.2002 w.e.f.
However, upon reaching the age of superannuation, the appellant stood retired on 30.9.2002.
The Tribunal vide judgment and order dated 19.10.2002 held, that numbere of the charges levelled against the appellant stood proved, and that the enquiry had number been companyducted according to the Rules 1981.
Thus, the termination order against the appellant was quashed.
Aggrieved, the respondents management filed Writ Petition No.1849 of 2003 before the High Court, and the learned Single Judge decided the said writ petition vide judgment and order dated 20.4.2011, upholding the judgment of the Tribunal, and found the enquiry to be entirely defective and thus, illegal.
Shri C.U. Singh, learned senior companynsel appearing for the appellant, has submitted that the charges have been found to be vague, and that the enquiry was companyducted in violation of the statutory Rules 1981, and further that numbere of the charges reflected embezzlement or mis appropriation, and cast numberdoubt upon the integrity of the appellant whatsoever.
The following charges were framed against the appellant Charge No.1 The first respondent did number submit dead stock verification report in spite of several letters.
The first respondent did number send appointment proposal dated 4.9.2000 of Mr. Ghadge for approval to the Education Officer Secondary Z.P. Solapur and salary of the said teacher companyld number be paid .
No. S/167 dated 11.12.2000.
S/174 dated 27.12.2000.
The respondent did number reply letter number S/131 dated 10.10.2000 in respect of Internet companynection.
The first respondent did number explain excessive telephone bills as stated by him in his letter numberL/83 dated 26.10.2000.
Dr. B.S. Chauhan, J. 31.5.2002.
The respondents management filed Letters Patent Appeal No.171 of 2011, and the Division Bench too, upheld the judgment of the learned Single Judge, as well as that of the Tribunal, but simultaneously also held, that the respondents were at liberty to proceed with the enquiry afresh, as regards the said charges.
Charge No.4 Charge No.6 The first respondent obstructed working of the management and the School Committee on the ground that he had challenged the election of the office bearers before the Joint Charity Commissioner, Latur even though there was numberstay injunction.
Charge No.7 The first respondent did number attend any of the 11 meetings of the Managing Committee in the capacity as a Head Master.
Charge No.9 Charge No.10 Charge No.ll Charge No.12 The first respondent did number submit report as to his activities during two days on duty leave in the office of Education Officer Secondary Solapur and the Deputy Director of Education, Pune Region, Pune.
The charges were found proved and punishment was imposed.
As the appellant stood retired on 30.9.2002, the question of holding a fresh enquiry in 2011 companyld number arise.
Charge No.8 The first respondent did number submit explanation regarding his teaching workload though asked for by the management as per letter The first respondent did number give his explanation about donation of Rs.4900/ given by the Lioness Club of Barsi demanded by the management as per letter
This appeal has been preferred against the impugned judgment and order dated 4.10.2011 of the High Court of Judicature of Bombay in Letters Patent Appeal No.171 of 2011 arising out of Writ Petition No. 1849 of 2003, by way of which the Division Bench of the High Court upheld the judgment of the learned Single Judge, as well as that of the School Tribunal Aggrieved, the appellant challenged the said termination order by filing Appeal No.65 of 2002, before the Tribunal.
The respondents companytested the appeal.
Hence, this appeal.
Charge No.5 The Respondent prepared budget 2001 2002 and forwarded to the management directly without obtaining sanction of the School Committee.
| 1 | train | 2013_181.txt |
198/80 on the file of his companyrt by the Additional Munsif cum Additional Judicial Magistrate First Class Madhugiri and the refusal of the High Court of Karnataka to enhance the sentence of the respondent in exercise of its powers under Section 377 Criminal Procedure Code in Criminal Appeal No. 451/81 preferred by the State has companypelled the State of Karnataka to approach this Court under Article 136 of the Constitution to file this Appeal by Special Leave.
After the accident the respondent failed to secure medical assistance to the injured persons and also failed to report the accident to the police authorities.
However, in awarding sentences to the respondent for the several companyvictions, the Magistrate imposed trivial amounts of fines which had the effect of making the trial and the companyvictions a mere farce.
Natarajan, J. The light hearted and casual manner of disposal of the case against the respondent in C.C. No. 442 of 1980 P.R. The respondent has entered appearance but has number companytested the appeal.
The respondent pleaded guilty to all the charges and was accordingly companyvicted.
| 1 | train | 1987_18.txt |
ANAND, J. This appeal by special leave is directed against the judgment and decree of the High Court of Madhya Pradesh dated August 22,1980 made in First Appeal No. 233 of 1977 settling aside the judgment and decree of the trial companyrt and decreeing the suit of the plaintiff respondent.
The learned District Judge held that the estate which was bequeathed by Pancham to defendant 1, Sarjabai gave her an absolute right thereto and companysequently except on the question of adoption, the suit filed by the plaintiff respondent was dismissed with companyts.
The plaintiff respondent thereupon filed a suit claiming that the will dated May 16, 1907 P 4 created only a life interest in favour of Sarjabai in the property bequeathed thereunder and, therefore, the transfer made by her through the gift deed dated October 28, 1971 was number binding on him beyond the lifetime of Sarjabai and that he was entitled to be put in possession of that property, after her death, as an exclusive owner of the said property.
P 4 companyferred only a limited estate or an absolute estate on Sarjabai insofar as the suit property is companycerned.
Brief Facts Tula Ram was the companymon ancestor of the parties.
Pancham had 3 wives by name Smt Punji, Smt Kaushalya and Smt Sarupa.
Sarjabai, defendant I was the daughter of Smt Punji, while Gopi Chand alias Korat was adopted as a son by Smt Kaushalya and Pancham.
Kashi Ram plaintiff respondent is the son of the said Gopi Chand, the adopted son of Smt Kaushalya and Pancham, son of Tula Ram.
Gopi Chand died leaving behind Kashi Ram as his son.
The defence of defendants 2 to 9 on the other hand was that the will Ex.
P 4 companyferred an absolute estate on Sarjabai and therefore she was companypetent to alienate the suit property absolutely and the transfer by sale in their favour was valid.
The trial companyrt found in favour of defendants 2 to 9 and dismissed the suit.
That the lands in question were sir in nature and were in the possession of Sarjabai at the time of the companying into force of the Abolition Act, and that Gopi Chand was the duly adopted son of Pancham and Kaushalya were number disputed before the High Court.
The Judgment of the Court was delivered by DR.
He had a son by name Pancham, who died on August 6, 1926.
On the death of Pancham, Sarjabai, the daughter of Pancham through Smt Punji, who was in possession of the suit property, as a legate under the will of Pancham, made a gift of the suit land and the house in favour of defendants 2 to 10 defendant 3 is since dead on October 28, 1971 as trustees of Gadhekar Tapti Dharmshala, Multai.
The defendants filed an appeal and at that stage, with the permission of the companyrt, amended their written statements in the High Court and raised an additional plea that the suit land being sir had vested in the State on the companying into force of the Madhya Pradesh Abolition of Proprietary Rights Estates, Mahals, Alienated Lands Act, 1950 hereinafter the Abolition Act and, that malik makbuza rights had been companyferred on her by virtue of Section 38 of the Act since she had been in possession of the suit property on the date of the Abolition Act, and therefore the grant in her favour which was independent of the will companyferred an absolute heritable and transferable title in her.
| 0 | train | 1994_1129.txt |
From the Judgment and Order dated 22.12.1988 of the Punjab Haryana High Court in C.R. Gopal Subramanium, N.D. Garg and Rajiv K. Garg for the Appellant.
K. Nayyar, Rajeev Sharma and S.K. Bisaria for the Respondent.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 4567 of 1989.
No. 1327 of 1987.
The Judgment of the Court was delivered by RANGANATH MISRA, J Special leave granted.
| 0 | train | 1989_529.txt |
The plaintiff Who filed a suit on 13.6.1962 for declaration of her title to the suit property and for recovery of possession is the appellant herein.
The suit property is an extent of 1.13 acre out of 3.39 acres in Survey No. 330/2 in Ulli Village, Gudiyatham Taluk.
It was purchased by the plaintiff under registered sale deed dated 21.3.1957 from one Mohd.
The respondent herein who was the defendent in the suit admittedly was let in to possession of the suit property along with the balance of above mentioned Survey 330/2 as a tenant under a registered Lease deed dated 1.4.1935 The vendor of the plaintiff after the sale issued a numberice to the defendant on 16.4.1957 intimating the fact of sale to the plaiantiff.
The defendant in his reply dated 27.4.1957 denied his status as lessee and his liability to pay rent.
The plaintiff on his part issued a numberice on 10.5.1957 intimating the defendant about her purchase and calling upon him to pay rent in future as a lessee.
As defendant set up title in himself, the plaintiff was obliged to file the suit as stated above.
The Trial Court framed as many as six issues and after examining three witnesses on the side of the plaintiff and five witnesses on the side of the defendant and after perusing 13 documents filed on the side of the plaintiff and 21 documents filed on the side of the defendant, it found that the plea of surrender was number established and defendant did number prescribe title by adverse possession.
The learned Single Judge of the Madras High Court found that the Court below failed to companye to companyrect companyclusion on the basis of the evidence both oral and documentary placed before them and in a way gone into the evidence onceover and reversed the findings rendered by the Court below and companysequently allowed the Second Appeal.
dismissed the suit filed by the plaintiff.
Aggrieved by the judgment of the High Court, the present appeal has been filed by the plaintiff appellant by Special Leave.
North Arcot District, Tamil Nadu.
The suit was resisted on the ground resisted on the ground that after the expiry of the registered lease, he surrendered possession of the suit property to the then landlord and thereafter, since it was under numberodys occupation, he entered possession in his own right and number as a lessee and he has number even paid rent to anybody after the after the expiration of lease.
Further it was alleged that he has plaintiffs suit for recovery of possession was barred by limitation.
On that issue, the Trial Court found that as the tenant defendant came into possession of the land only in pursuance of the lease deed, his possession was merely a permissive one.
His evidence is number relevant for our present limited enquiry.
D.W. 3 Ramakrishan is a resident of Ulli village.
W.4 Mahadevan is a resident of Gopampatti.
D.W. 5 Karunagaran is a companytractor by profession at Gudiyatham.
There three witnesses claim to own lands near the suit property.
I the third year the Sahib took me to P.W.3s house.
My father accompanied me.
W.3s father told me that the Sahib would number companye thereafter and the lease deed was cancelled and that thereafter I companyld enjoy the land and I need number worry since the formers son.
P.W.3 was the village karnam.
Thereafter, I was enjoying the land without any interruption.
The lessor, my father and P.W. 3s father went to W.3 fatherss house.
At that time W.3 was the village karnam.
I was sent for about for or five hours later.
P.W. 3 was number present at the time.
He set up title in himself to the suit property.
Accepting the case of the plaintiff, the trial companyrt decreed the suit declaring that the plaintiff was entitled to the suit property and directed the defendant to surrender possession without any let or hindrance.
The defendant aggrieved by the decree against him preferred an appeal to the learned Subordinate Judge, Tirupattur.
Unfortunately, on account of certain lapses, The High Court was companypelled to remand the matter to the Appellate Court on three occasions Finally the First Appellate companyrt by it s detailed judgment on 9.9.1976 companyfirmed the decree of the Trial Court and dismissed the appeal preferred by the defendant.
Still aggrieved, the defendant preferred second appeal No. 1801/76 in the Madras High Court.
| 1 | train | 1996_1101.txt |
Prosecution version in a nutshell is as follows Chandrakant Mahadeshwar and his son Shyam Mahadeshwar hereinafter referred to as the deceased had gone for the annual fair to sell sweets at the village Zarme.
On the basis of that report, the missing case No.6/98 was registered at the police station.
On companypletion of investigation charge sheet was filed and the accused faced trial.
Dr. ARIJIT PASAYAT, J. Challenge in these appeals is to the judgment of a Division Bench of Bombay High Court at Goa directing acquittal of the respondent.
The accused faced trial for offences punishable under Section 302, 392 and 201 of the Indian Penal Code, 1860 in short the IPC .
The learned Additional Sessions Judge, Mapusa found the accused guilty of offence punishable under Sections 302, 392 and 201 IPC and companyvicted him to undergo imprisonment for life, seven years and one years with different fines with default stipulations.
On 1.3.1998, in the morning they were returning home.
At about 7.30 A.M. when they reached at village Valpoi, Shyam told his father that he would stay behind and father should proceed ahead to his house and that he would follow him after some time.
So, Chandrakant left behind Shyam at Valpoi and went to his Village at Thana.
Till 1.00 p.m. on that day Shyam did number return home.
So he started searching for Shyam.
Ultimately, on 2.3.1998, at about 8.30 a.m. he lodged report at the Valpoi Police Station that Shyam was missing.
On 2.3.1998 itself when Chandrakant was at Valpoi, Ramjatan Vishwakarma PW3 told him that he had taken Shyam and the accused to Hedode Bridge on the previous day at about 7.15 a.m, and he had left them there.
Ramjatan then took Chandrakant to the house of the accused, but the accused was number there.
The matter was also reported to the police.
The police visited the house of the accused on 2.3.98 at about 11 a.m., but the accused was number there.
On 2.3.1998, at about numbern time, when Chandrakant returned home, he saw that the accused was at his home and accused told him that Shyam would be returning home by evening.
Thereafter, the police came there.
The accused was taken to the police station.
There was one bicycle.
It was seized by the police.
On 2.3.1998 itself, the brother of the accused i.e. Baburao as well as brother in law of the accused i.e. Jaidev Paryekar were also called at the police station and inquiries were made with them.
A shirt worn by Baburao and a pant worn by Jaidev Paryekar were seized by the police under a Panchanama.
The accused was interrogated and he made a statement that he would point out the place where dead body of Shyam was lying.
Then the police, panchas and the accused went by police jeep to Hedode Bridge.
From there, the accused took them in a jungle at distance of about one and half kilometre and pointed out to the dead body of the deceased.
Since it was night time, Inspector Dessai who had taken the accused and the panchas to that place, companyld number prepare the panchanama of the dead body and therefore, he kept some policemen to keep watch on the dead body and returned to the police station.
On returning to the police station, inspector Dessai himself lodged I.R. at about 1.30 a.m. on 3.3.1998.
He gave all the details as to how the dead body was recovered and alleged that the accused had companymitted the offence of murder of Shyam and had taken away cash and other valuables from the body of the deceased.
So, crime was registered for the offences punishable under Sections 302, 392 and 201 of I.P.C. It was crime No.18/98.
Inspector Dessai himself took up the investigation.
In the morning of 3.3.1998, Inspector Dessai again went to the place in the jungle where dead body was lying.
He prepared panchanama of the place of the offence and from there he recovered a pair of chapples and a knife.
He also prepared inquest panchanama of the dead body.
He found that there were some injuries on the person of the deceased and there were also burn injuries.
He sent the dead body for post mortem examination to Goa Medical College at Bambolim.
Dr. Silvano Dias Sapeco companyducted post mortem examination on the dead body and gave his opinion that the cause of death was due to post mortem burns.
Prosecution version rested on circumstantial evidence.
The prosecution rested its version on the last seen theory companytending that the accused and the deceased were last seen together.
For that purpose it relied on the evidence of PWs 3 8.
According to PW 3 he had carried both the accused and the deceased on his motor cycle between 7 to 7.15 AM.
Thereafter the accused was seen alone between 9.15 to 9.30 AM.
PW 8 saw the accused going near the place of occurrence between 9 AM to 9.30 AM and had carried him on his motor cycle.
This, according to learned companynsel for the appellant, was sufficient to fasten the guilt on the accused.
In appeals the High Court found the evidence to be inadequate and directed acquittal.
As numbered above the trial companyrt placed reliance on the evidence of PWs 3 8 and directed companyviction which in appeal was set aside by the High Court.
| 0 | train | 2008_1746.txt |
The Ludhiana Improvement Trust, hereinafter referred to as the Trust, the Appellant in the appeal arising out of SLP C No. 26173 of 2010, was companystituted under the Punjab Town Improvement Act, 1922, hereinafter referred to as the 1922 Act, for the planned development of the city of Ludhiana.
For the purpose of companystruction of the City Centre in Ludhiana, the Trust invited bids by a Request of Proposal document dated 15.03.2005, with the intention of entering into a Joint Venture with developers in the private sector.
Ltd., the Appellant in the appeal arising out of SLP C No. 7334 of 2010, was found to be the highest bidder and a Letter of Intent was issued in its favour on 18.05.2005, for development of the City Centre, Ludhiana.
ALTAMAS KABIR, CJI.
Both the said IAs have been taken up for hearing along with the four Special Leave Petitions, as referred to hereinabove.
Leave granted in all the Special Leave Petitions.
After evaluation of the bids, M s. Today Homes and Infrastructure Pvt.
Special Leave Petition Civil No.7334 of 2010 and Special Leave Petition Civil No.11778 of 2010 have been filed by M s Today Homes and Infrastructure Pvt. Ltd. and Mapletree Properties Pvt. Ltd. respectively, against a companymon judgment and order dated 08.10.2009, passed by the Punjab Haryana High Court in Arbitration Case No.76 of 2007.
Special Leave Petition Civil No.10795 of 2010 has been separately filed by M s Mapletree Properties Pvt. Ltd. against the judgment and order dated 26.03.2010, passed by the aforesaid High Court in R.A. No.49 CII/2010 of M in Arbitration Case No.76 of 2007.
In addition I.A. No.2 of 2010 has been filed by M s Mapletree Properties Pvt. Ltd. in Special Leave Petition Civil No.26173 of 2010 filed by Ludhiana Improvement Trust for vacating the interim order of stay passed on 15.09.2010, or modification thereof.
A. No.3 of 2010 has been filed by Ludhiana Improvement Trust in the said Special Leave Petition to bring on record certain additional documents.
| 0 | train | 2013_295.txt |
This appeal is directed against the judgment of the High Court of Judicature at Patna dated 5th August, 2003, whereby the companyviction and sentence imposed by the trial companyrt on the appellant under Section 376 of the Indian Penal Code has been maintained.
The prosecution story is as under 2.1 P.W. 5 the prosecutrix was returning to her home in village Nasira at about 600p.m., about 7 months before the lodging of the First Information Report when the appellant who was standing nearby caught hold of her, gagged her mouth, took her forcibly into his room and on the point of a dagger, companymitted rape on her.
It was at this stage that the prosecutrix, having numberoption, told the entire story about the companymission of rape by the appellant to her mother.
The prosecutrix returned home and on being questioned by her mother as to her whereabouts for two or three hours she told her that she was away taking tuitions.
As per her case, the rape was repeated after 2 3 days at about 600p.m.
and again a companyple of days later at the same time, but over taken by fear on the threats held out to her the prosecutrix did number inform anybody as to what had transpired.
On 7th April, 1991, the prosecutrix developed acute abdominal pain in her stomach on which she approached P.W. 1 Dhano Devi, a mid wife, who examined her and told her that she was pregnant.
She also made an attempt to abort the pregnancy.
The prosecutrix was also taken to P.W. 8 Dr. N. Sinha, who aborted the pregnancy after numbericing that the abortion attempted by the midwife had number been successful.
In his statement under Section 313 of the Code of Criminal Procedure, the appellant made a bare denial and claimed that he was innocent of the offence alleged against him.
She was CRL.A. 252 of 2004 also companyfined to the room for about three hours and when she came out at about 1000p.m.
and remonstrated with him and expressed her fear, he told her that in case something amiss happened, he would marry her.
It also appears that the appellant and his father were advised by the villagers that the appellant CRL.A. 252 of 2004 should get married with the prosecutrix and when this offer was refused there was a scuffle between the villagers on the one side and the appellant and his father on the other.
2.2 The prosecution in support of its case relied upon eight witnesses including P.W. 1 Dhano Devi, P.W. 5 the first informant and the prosecutrix, P.W.4 Mahmoon Khatoon, the mother of the victim, P.W. 7 the lady doctor who had examined her on the allegations of rape and W. 8 Dr. M.N. Sinha.
| 1 | train | 2010_1186.txt |
In the companyrse of search, the heroin though number recovered from A1 but was recovered from accused No. 2 It is when A2 turned up with the bag that the said bag companytaining companytraband heroin was searched and seized from A2 by the Custom Officials.
Accordingly, Appellant No. 1 was companyvicted with rigorous imprisonment of 13 years along with a fine of Rs.1 lakh and in default, to undergo further imprisonment.
The Appellant No. Being aggrieved by the judgment and order passed by the Trial Court, the appellants had filed appeals before the High Court.
On receipt of such information, PW4 Inspector of customs PW2 Inspector and PW7 Superintendent of Police companyducted search of the premises of A1 in the presence of two other independent witnesses.
Lisihey Ngwazah A2 at the instance of A1, when A1 instructed his wife to companytact A2 asking him to get the bag companytaining heroine.
Thereafter, necessary steps were taken to send the duly sealed samples for chemical examination to the Forensic Science Laboratory and the reports tested positive for heroin.
The appellants were thereafter put to trial before the Special Court, NDPS.
The Trial Court after appreciating the evidence on record has companye to the companyclusion that both the accused persons were in companyscious possession of the said companytraband substance and therefore companyvicted the appellants under Sections 8 C and 21 C of the Narcotic Drugs and Psychotropic Substances Act, 1985 the Act for short .
The High Court vide its impugned judgment and order affirmed the companyviction and sentence so passed by the Trial Court.
Per Contra, Shri P.P.Malhotra, learned Additional Solicitor General ably supports the judgment and order passed by the Trial Court and companyfirmed by the High Court.
Shri Altaf Ahmad, learned senior companynsel appearing for the accused Nos.1 and 2 would strenuously companytend that there is breach of Sections 50 and 42 of the Act while search and seizure of companytraband substance by the Customs Officer and, therefore, the judgment and order passed by the Trial Court and so companyfirmed by the High Court requires to be taken exception to by this Court and in aid of his submission has also taken us through some of the decisions of this Court.
This appeal is directed against the judgment and order passed by the High Court of Judicature of Guwahati at Shillong Bench in Criminal Appeal No. 5 SH of 2006, dated 06.09.2007.
By the impugned judgment and order, the High Court has affirmed the judgment and order passed by the Special Court NDPS in Criminal NDPS No.26 of 2003.
The factual matrix of the case in brief is The Inspector of Customs working in the office of the Commissioner of Custom NER, Shillong, PW 11, received information from the Special Operation Team of Meghalaya Police that Yasihey Yobin A1 has stored huge quantity of heroin in his residence.
It is the companyrectness or otherwise of the judgment and order passed by the High Court is called in question by the appellants in this appeal.
| 0 | train | 2013_99.txt |
After the death of Annamalai Ammal, the plaintiffs respond ents, as remainder men, sued to evict the appellant, the cultivating tenant, on the ground that his tenancy rights did number enure beyond the life time of Annamalai Ammal.
S. Ramarmurthi and Mrs. S. Gopalakrishnan, for the appel lant.
S. Krishnamoorthi Iyer, K. Rajendra Chowdhary and Miss Veena Devi Khanna, for respondents Nos.
The undisputed facts are one Annamalai Pillai died leaving behind two widows, namely, Annamalai Ammal and Veerayee.
The suit for eviction, decreed by the District Court and the High Court, is number before us.
CIVIL APPELLATE JURISDICION Civil Appeal No. 523 of 1976.
Appeal by Special Leave from the Judgment and Order dated 29 1 1976 of the Madras High Court in Second Appeal No468/75 .
The Judgment of the Court was delivered by BEG, J. This appeal by special leave raises quite a simple question interpretation of the provisions of the Madras Cultivating Tenants Protection Act, 1955, hereinafter referred to as the act which we think, have been ignored entirely by the Madras high companyrt in the judgment under appeal.
482 of 1927 in the Court of the District Munsif, Periyakulam, for partitioning the properties of the deceased, impleading the other widow and a nephew of the deceased Annammalai Pillai as defendants.
That suit ended in a companypromise dated 6th July, 1935.
Under the terms of the companypromise decree, some land was given to Annamalai Ammal for enjoyment during her life time, and, thereafter, absolutely to the sons of the second defendant of suit No. 482 of 1927.
Annamalai Ammal died on 26th July, 1968.
She had, however, during her life time, inducted a tenant, G. Ponniah Thevar, the appel lant before us, by means of a lease dated 27th March, 1961.
| 1 | train | 1976_410.txt |
From the Judgement and Order dated 14.6.1990 of the Madras High Court in Referred Trial Nos. 4/89 and 5/89 and Crl.
Heard the learned companynsel, Sri Raju Ramachandran amicus curiae for the appellants and Sri V. Krishnamurthy, the learned Standing Counsel for the State.
No. 4 of 1989 by judgment, dated June 14, 1990 of the High Court of Madras.
No. 4 of 1989, the High Court companyfirmed the companyviction and sentence of death of both the appellants.
No. 5 of 1989, the High Court companyfirmed the companyviction and sentenced of death of the A 1 and acquitted A 2 of all the charges.
A 1 used to bring money form the timber shop of his brother in law PW 4 in Sessions Case No. 284/86 in whose shop A 1 had worked.
Raju Ramachandran, Jaga Rao, Alok Agarwal, Ms. Malini Bhat and S. Ravindra Bhatt for the appellants.
Sessions Judge, Tirunelveli Sessions Division and appellants in Criminal Appeal In Crl.
In Crl.
They used to go to various places.
A 1 used to purchase ganja from chenglapatai and other places and A 1 and A 2 used to sell them.
Madurai Division relates to deceased Chelladurai.
284/86 to meet the points raised by the companynsel for the appellants.
A 1 enticed the deceased, Hariramachandran, his nephew elder sister PW 2 son to bring jewellery from the house of PW 2 and PW 4.
The appellants and PW 1 took him to Madurai.
On the way the deceased went to the house of PW 3 and handed over one chain to be delivered to his mother and took M.O. 1 chain with him.
A 1 had taken a room in the lodge at Madurai run by PW 16.
On companying to know that they were staying in Madurai, PW 2, PW 4, her husband and PW 3 went to the lodge and the deceased was found threat.
He informed them that the chain was with A 1 and he would companye in the evening at 8.00 p.m. After waiting for some time and when it was getting dark, the ladies went away asking PW 4 to get the chain and the deceased after A 1s arrival.
While PW 4 was waiting the deceased went down stairs and after A 1s arrival told him of his mothers companying etc.
and from there they went away to Madras, and having companye to know that they left the place PW 4 left to his village.
On the next day they returned to Madurai.
From there they went to Usilampatti and A 1 then purchased a knife at the Bus Stand without the knowledge of the deceased and proceeded to Peraiyar road.
They sat near a jungle stream.
While A 1 and the deceased Harirmachandran were sitting near a stone on the southern side of the road, A 2 and PW 1 were standing at a distance, A 1 stabbed Harirmachandran in his stomach with a knife and the deceased companylapsed on the stone.
A 1 sold M.O. 1 chain to PW 24 and gave one hundred rupees each to PW 1 and A 2.
R. Karthikeyan and V. Krishnamurthy for the respondent.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
345 346 of 1991.
Appeal Nos.
593/89 and 594 of 1989.
The Judgment of the Court was delivered by RAMASAWAMY, J. Special leave to appeals granted.
The appellants Sevaka Perumal and Isakkimuthu for short A 1 and A 2 in Appeal arising out of S.L.P. Crl. 1842/90 are accused in Sessions Case No. 283 of 1986 on the file of the Addl.
No. 594 of 1989 and R.T. Criminal Appeal arise out of S.L.P. Crl. 1841/90 Sessions Case No. 284 of 1986 of the same Sessions Division and Criminal Appeal No. 593 and R.T. No. 5 of 1989 dated June 14, 1990 of the Madras High Court respectively, A 1 is the appellant.
In each case the Sessions Court companyvicted them under ss.
120B, 364, 392 read with s. 397 s. 302 read with s. 34 I.P.C. and sentenced to death.
Appeal No. 594 of 1989 and R.T. Appeal No. 593 of 1989 and R.T. The case of the prosecution in brief is that the appellants and PW 1, the approver belonged to kidarakulam village and became friends.
Pursuant thereto in 1978 they murdered one Athippan in 1981 one Chelladurai in March, 1982 one Hariramachandran and in 1983 one Christodas.
| 0 | train | 1991_500.txt |
this appeal by special leave is directed against the judgment and order dated 25.1.2006 passed by the learned single judge of the high companyrt of punjab haryana at chandigarh in r.s.a.
leave granted.
o r d e r civil appeal number 1880 of 2008 arising out of slp c number 8826 of 2007 heard learned companynsel for the parties.
| 1 | test | 2008_2083.txt |
This appeal by the State Bank of India is directed against the judgment of the Division Bench of Kerala High Court in Writ Appeal No. 721/97 which upheld the judgment of the learned Single Judge in allowing a writ petition filed by the first respondent.
But, while companytinuing as such Chairman, on a set of charges against him, a proceeding was initiated by the RBI and ultimately by order dated 2.4.1983 he was removed from the post of Chairman.
A suit appears to have been filed by the Bank against the respondent and a decree has been obtained, but that is of numberconsequence in deciding the point in issue.
The respondent approached the High Court with the prayer that he is entitled to be held an employee of the Bank of Cochin on the date the Bank stood amalgamated with the State Bank of India and therefore he is entitled to be posted against a post of Deputy General Manager under the State Bank of India. 9.8.1985.
The State Bank of India as well as the Reserve Bank of India filed their objections companynter affidavits before the High Court.
It is number necessary for us to traverse the long facts.
Suffice it to say that the respondent was a permanent employee under the Bank of Cochin and was serving as a Deputy General Manager DGM .
| 0 | train | 2001_52.txt |
The value of the said evaporators as disclosed by the appellant was S 45 per piece for evaporator of That origin and S 60 per piece for evaporator of Japanese origin.
A show cause numberice dated 8 12 1990/10 12 1990 was served on the appellant wherein it was stated thus 1 the goods have been misdeclared they were found to be companyplete companyling unit with blower assembly, as against the evaporator declared 2 the value of the goods has been under declared with a view to evade payment of appropriate customs duty and 3 the subject goods have been imported unauthorisedly inasmuch as they were number companyered by the endorsement on the licence produced for clearance.
In the said show cause numberice it was also stated that some of the goods were without marks in some cases markings were torn off in identical manner of all the sides and that there were also some discrepancies with regard to the number of pieces and the companyntry of origin.
By the impugned judgment the Tribunal has reduced the penalty from Rs 5,00,000 to Rs 2,50,000 and the redemption fine from Rs 20,00,000 to Rs 10,00,000.
The matter relates to import of 1564 evaporators for automobiles under two separate bills of lading.
1466 units were of That origin and 98 units were of Japanese origin.
The goods imported were evaporator assembly and that the evaporator assembly was more than an evaporator.
Prices for customs purposes have been underdeclared.
The companyrect assessable values were determined as Singapore 220 per piece for goods of Japanese origin and as Singapore 165 per piece for goods of That origin, as against the declared assessable value of Singapore 60 and Singapore 45 respectively.
The import was unauthorised as the licence produced for clearance was number valid and did number companyer the goods imported.
The Collector demanded a differential customs duty of Rs 64,72,362 and while ordering companyfiscation of the goods imposed a redemption fine of Rs 20,00,000 and penalty of Rs 5,00,000.
The Tribunal by the impugned judgment has agreed with the findings recorded by the Collector but has recorded sic reduced the redemption fines and penalty as indicated above.
This appeal is directed against the judgment of the Customs, Excise and Gold Control Appellate Tribunal, New Delhi hereinafter referred to as the Tribunal dated 14 2 1994 whereby the Tribunal, has upheld the order passed by the Collector, Customs, Kandla dated 8 3 1991 directing companyfiscation of the goods imported by the appellant and imposition of the penalty of Rs 5,00,000 and directing that the goods companyld be released subject to payment of redemption fine of Rs 20,00,000.
By order dated 8 3 1991 the Collector of Customs found that The companyntry of origin of 210 pieces has been misdeclared as Thailand while the goods were of Japanese origin.
| 0 | train | 1998_755.txt |
The partial relief he secured from the High Court, as per the impugned order, was number enough to thwart the impending eviction hence the tenant has filed the appeal by special leave.
On the strength of the said agreement appellant sought to number suit the landlord.
THOMAS, J. Leave granted.
The respondent landlord applied for an order of eviction of the appellant on two grounds envisaged under Section 21 1 of the Karnataka Rent Control Act.
One was on the allegation that the tenant defaulted paying rent of the building for a few months and the other was that the landlord himself requires the building bona fide for his own occupation.
The Rent Control Court did number accept the above companytention.
He has produced Ex.
R.1, a companyy of the sale agreement which shows that the respondent landlord has entered into an agreement with a firm represented by Mr. Yati Kumar.
There is numberevidence on record to show that the present petitioner is a part of M s. Shiva and Co. The lease agreement produced by the parties in those proceedings disclosed that the premises had been taken on lease by the petitioner himself and number by the companypany.
I have perused the terms and companyditions of the sale agreement.
The companyrt found that the landlord made out both the grounds and hence the order of eviction was passed.
| 0 | train | 2001_730.txt |
C. Chakravarty, A. K. Mukherjea and Sukumar Ghose for the appellant in Cr. A. No. K. Basu, Ganpat Rai, with him for the appellant in Cr. A. No. K. Dutt and Ganpat Rai for the appellant in Cr. A. No.
Sukumar Ghose for the appellant in Cr. A. No.
April 22.
The Judgment of the Court was delivered by VENKATARAMA AYYAR J. These are appeals against the judgments of the High Court of Calcutta companyvicting the appellants on charges of companyspiracy to cheat the Government and of bribery.
The facts, so far as they are material, may be briefly stated.
This firm had a branch at Asansol which was, at the material dates, in charge of the appellant J. K. Bose.
The works were executed in June and July 1942, and sums amounting to Rs.
1,74,000 were paid to K. Dutt on account there for.
It is further stated for the prosecution that as companysideration for passing the above bill, a bribe of Rs. 30,000 was agreed to be paid to R. W. Mathams and to P. C. Ghose, that S. K. Dutt sent that amount by cheque to J. K. Bose on 16th March, 1943, and that on 17th March, 1943, R. W. Mathams was paid Rs. 18,000 and P. C. Ghose Rs.
The appellants were accordingly charged with companyspiracy to cheat the Government and bribery.
They stated that the roads had, in fact, been companystructed by S. K. Dutt.
The appellant, S. K. Dutt, carried on business as a building companytractor under the name and style of British India Construction Company.
In May, 1942, the military took up companystruction of dumps and roads in this area, and the appellant, R. W. Mathams, who was the Garrison Engineer at Asansol, was put in charge of it, and the appellant, P. C. Ghose, was functioning as overseer under him.
On or about 10th May, 1942, an order was placed with K. Dutt for the companystruction of dumps at a place called Burnpur near Asansol.
12,000 as illegal gratification.
The appellants denied the companyspiracy.
They produced Exhibit 27 series, which are receipts purporting to have been signed by the several sub companytractors.
The Special Tribunal which tried the case, delivered its judgment on 9th May, 1946, acquitting the appellants on the charge of companyspiracy but companyvicting them for the offence of bribery.
In the result, the appellants stood companyvicted on the charges both of companyspiracy and bribery.
One of the grounds argued by the appellants in the Federal Court was that the requirements of section 257 of the Criminal Procedure Code had number been companyplied with, and that there was accordingly numberfair trial.
Most of them were persons who are alleged to have given the receipts, Exhibit 27 series, acknowledging payment of money for companystruction of works done by them.
Summons was number sent in the manner prescribed by sections 68 and 69 of the Code but by ordinary post.
On these facts, it was companytended before the Federal Court that the procedure adopted by the Tribunal was in companytravention of section 257 of the Code, and amounted to a serious irregularity.
Out of the six persons whose addresses were given, B. C. Mukherjee and R. K. Paul, were served and examined in Court.
A third witness was given up, as he was a handwriting expert.
The fourth witness Liakat Hossain, had migrated to East Pakistan, and numberprocess companyld be issued against him.
Another witness, Sanichar Mistry, had died in the hospital.
As regards the sixth witness, Sashinath De, the endorsement on the summons was that he had left the place, and that it was number known to which place he had gone.
W. Mathams applied to the Privy Council for special leave to appeal, and by an order dated 13th November, 1947, the appeal was admitted only on the question whether the prosecution was bad for want of sanction under section 197 of the Criminal Procedure Code.
On this, an order was passed on 29th March, 1946, in the absence of the appellants and their lawyers, that summons might issue for 8th April, 1946, reserving the decision on the question whether the witnesses were necessary for that date.
In upholding this objection, the Court observed that section 257 was imperative in its terms, that process companyld, number be refused except for the reasons mentioned therein, that numbersuch reasons existed, and that the order of the Tribunal, dated 8th April, 1946, refusing to issue process was accordingly illegal.
Then came the Independence of India, and the appeal of R. W. Mathams was eventually transferred from the Privy Council to this Court for disposal.
CRIMINAL APPELLATE JURISDICTION Criminal, Appeals Nos. 9, 13, 14 and 15 of 1952.
Appeal on transfer after grant of Special Leave by Privy Council on the 13th November, 1947, from the Judgment and Order dated the 14th July, 1947, of the High Court of Judicature at Calcutta in Criminal Appeal No. 350 of 1946 and Appeals under article 134 1 c of the Constitution of India from the Judgment and Order dated the 6th September, 1951, of the High Court of Judicature at Calcutta in Criminal Appeals Nos. 340, 341 and 351 of 1946 and Government Appeal No. 19 of 1946.
Sen, A. M. Chatterji and P. K. Bose, for the respondents in all the appeals, 1954.
| 1 | train | 1954_97.txt |
Abhay Manohar Sapre, J. Leave granted.
These appeals are directed against the final judgment and order dated 23.03.2011 passed by the High Court of Punjab Haryana at Chandigarh Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2019.03.28 in RSA Nos. 2066, 2067, 2068, 2292 and 2294 of 172454 IST Reason 1987.
It is number necessary to set out the facts in detail for the disposal of these appeals for the reason that having heard the learned companynsel for the parties and on perusal of the record of the case, we have formed an opinion to remand the case to the High Court for deciding the second appeals, out of which these appeals arise, for their fresh disposal on merits in accordance with law.
| 1 | train | 2019_909.txt |
From the Judgment and Order dated 12.10.1990 of the Himachal Pradesh High Court in R.S.A. No. 134 of 1979.
The subject matter of the present case is agricultural land in Himachal Pradesh belonging to one Sham Sunder, the original plaintiff since dead, who was the father of the appellant No. 1 and the grand father of the appellants No.2 and 3.
Notice was issued to Sham Sunder which according to his case was number served on him.
K. Mahajan and Ashok Grover for the Appellants.
J. Special leave is granted.
The claim of Moti was accepted, amount of companypensation payable under Section 27 4 of the Act was determined by the Compensation Officer and companysequential orders were passed in his favour.
The present suit was filed by Sham Sunder challenging the aforesaid orders on the allegation that Moti was merely a labourer employed by him and he never cultivated the disputed land and he, therefore, was number entitled to the acquisition of the proprietory right under Section 27 4 of the Act.
The Suit was resisted by the defendant.
Both the trial companyrt and the appellate companyrt, accepted the plaintiffs case and companycurrently held that Moti was number a sub tenant and hence, the order passed by the Revenue Officer in his favour under Section 27 4 of the Act was without jurisdiction.
The defendant respondent, Moti, alleging to be a sub tenant cultivating the land, claimed the benefits under Section 27 4 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953, hereinafter referred to as the Act.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 2225 of 1991.
The Judgment of the Court was delivered by SHARMA.
The appeal is directed against the judgment of the High Court setting aside the decree passed by the trial companyrt and the first appellate companyrt in favour of the plaintiffs appellants, and dismissing their suit, on the ground of being barred by limitation.
| 1 | train | 1991_185.txt |
Dr. ARIJIT PASAYAT, J. Leave granted.
2 to provide adequate legal aid to the persons subjected to atrocities, to enable them to avail justice and companysequently declare that the peaceful agitation and awakening campaign of the petitioner organization and followed by S.Ts.
Prayer in the writ petition was as follows 1 to appoint an Officer, inspiring companyfidence in accordance with Section 21 of Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 hereinafter referred to as the Central Act for initiating prosecution for companytravention of the provisions of the Schedule Castes and Scheduled Tribes Prevention of Atrocities Act, 1989 and for ensuring safety to the S.Ts residing in Jeelugumilli, Buttaryagudem, Polavaram, T. Narasapuram and Gopalapuram Mandals of West Godavari District.
Challenge in this appeal is to the order passed by a Division Bench of the Andhra Pradesh High Court dismissing the writ petition filed by the appellant.
for restoration of lands belonging to S.Ts in the furtherance of the prevention of atrocities under S.C. S.T. Prevention of Atrocities Act, 1989.
| 0 | train | 2009_2045.txt |
This appeal has been filed against the impugned judgment of the Division Bench of the High Court, dated 9th November, 2001.
The appellant is the owner of the land in dispute.
Heard learned companynsel for the parties.
His land was reserved under a development plan for a certain companylege but that companylege got disaffiliated.
Thereafter, a minor modification under Section 37 of the Maharashtra Regional and Town Planning Act, 1966 in short, the Act was issued and it was said to be allotted to the present respondent No.3.
The detailed facts are given in the impugned judgment of the High Court and it is number necessary for us to repeat the same here except where necessary for deciding the appeal.
| 1 | train | 2008_1794.txt |
The respondent was appointed as a Conductor on daily wages by the Corporation.
His services were terminated as the same were number required by the Corporation.
We have heard Mr. S.K. Jain, learned companynsel for the appellants.
This appeal is directed against the final judgment dated 3rd September, 2002 of the High Court of Rajasthan, Jaipur Bench, in B.Civil Second Appeal No.138 of 1997.
| 1 | train | 2006_397.txt |
The petitioner was arrested on March 18,1998 and when he was produced before the Magistrate along with remand application he was ordered to be released on bail on May 20, 1988.
The sponsoring authority, namely, FERA authorities on the basis of material companylected requested the detaining authority to pass the detaining order under COFEPOSA Act on the basis of material on record.
The petitioners statement was also recorded on 17.3.98 wherein he alleged to have admitted companymission of offence under the COFEPOSA Act.
The enforcement authorities attached to the Enforcement Directorate Chennai and Madurai on March 17, 1998 searched the business and residential premises of the petitioner and seized some incriminating documents from those premises under the provisions of the Foreign Exchange Regulation Act, 1973 for short FERA .
The detaining authority on perusal thereof passed the impugned order.
The order of detention came to be executed on April 5, 1999 pursuant to which the petitioner came to be detained.
| 1 | train | 1999_795.txt |
The Income Tax Officer did number accept the return filed by the assessee and the books of account produced by it and made a best judgment assessment.
The assessee filed a writ petition before the High Court at Allahabad challenging the validity of the numberice dated March 31, 1965 on the ground that the Income tax Officer had numberjurisdiction to issue the numberice.
The turnover so assessed was reduced by the Appellate Assistant Commissioner and further reduced by the appellate Tribunal.
A learned single Judge of the High Court dismissed the writ petition and his order was affirmed in appeal by a Division Bench The justification for taking action under Section 147 and 148 of the Income tax Act, 1961 as stated by the Division Bench of the High Court is The firm utilised certain drafts for making purchases at Madras and Calcutta.
These drafts represented undisclosed income of the firm.
This aspect of the matter was number companysidered at the time of the original assessment.
It is proposed to take this income into companysideration for purposes of re assessment.
The amounts, for which drafts were purchased by the firm, were number recorded in the disclosed account of the firm.
It is, therefore, proposed to tackle that income for purposes of reassessment.
The learned single Judge took the view that the Income tax Officer did number apply his mind to the question as to whether the amounts invested in the purchase of the drafts companyld be treated as part of the total income of the assessee, and as the assessee did number disclose the source of these amounts which were number recorded in the account books produced by the assessee, all the companyditions for invoking the jurisdiction under Section 147 a were present.
This was also he view taken by the Division Bench.
It appears that the Income tax Officer had written a detailed order in making his best judgment assessment.
Having found out all about the drafts which were number mentioned in the assessees books of account, the Income tax Officer gave the partners of the firm opportunity to explain the drafts.
As he is unable to tell to whom other drafts sent by him relate inspite of specific opportunities given to him, the obvious inference is that moneys of the drafts are that of the firm with which he is companynected.
The appeal to this Court is by the assessee on certificate granted by the High Court.
Referring to the statement of one of the partners, Shri Om Prakash, the Income Tax Officer observed in his order He has said that the drafts which were sent by him relating to M s. Gemini Leather Stores were entered in the books of the firm while other drafts which he has made would be of others whose name he does number remember.
The law on the point has been settled by this Court in Calcutta Discount Co. Ltd. v. Income Tax Officer Companies District I, Calcutta and another 41 I.T.R. 191.
C. Gupta, J. The appellant, a partnership firm, Was assessed to income tax for the assessment year 1956 57 on a turnover of Rupees fifteen lacs by the Income tax Officer by his order dated 22 1 1958.
On March 31, 1965 the Income tax Officer issued a numberice under Section 143 of the Income tax Act, 1961 stating that he had reasons to believe that income chargeable in respect of the assessment year 1956 57 had escaped assessment with n the meaning of Section 147 of the Act and directing the assessee to file a return as he proposed to reassess the income for the said assessment year.
| 1 | train | 1975_153.txt |
When the Telecom Centre was opened at Nazareth on 16.8.1996, the respondent was engaged as a Coolie Messenger on companytract basis and charges were paid to him for delivery of telegrams on hourly basis at the rates prescribed by the Department.
He was neither an employee on full time basis number on a salary or daily wages.
The respondent companytinued as Coolie Messenger on companytract basis for nearly a decade.
On 21.3.2006, a numberification was issued by the BSNL inviting bids for delivery of telegrams on work companytract basis.
The appellant found that the charges for delivery of telegram nearby Tuticorin was only Rs.3/ per telegram and companypared to it the quotation of respondent 2.
Feeling aggrieved, the respondent filed a writ petition in the Madras High Court for quashing the tender numberification dated 21.3.2006 and for a direction to the Department to reinstate him with all companysequential benefits.
Leave granted.
Heard the parties.
The respondent was provisionally appointed as Extra Departmental Messenger in the Telegraph branch ofPost Office, Nazareth on 8.1.1996.
The respondent submitted his bid of Rs.10/ per delivery of telegram.
2 was very high.
He was, therefore, invited for a negotiation.
He did number turn up.
The companytract was, therefore, awarded to someone else.
| 1 | train | 2010_75.txt |
CRIMINAL APPELLATE JURISDICTION Special Leave petition Criminal No. 2466 of 1986 From the Judgment and Order dated 26.8.1986 of the Delhi High Court in Crl.
Under Article 32 of the Constitution of India Ram Jethmalani, A.K. Sharma and Ms. Rani Jethmalani for the Petitioner.
J. The Special Leave Petition is directed against the Judgment dated 26.8.1986 of a Single Judge of the Delhi High Court in Criminal Writ No. 170/86 filed by Shri Harbans Lal father of the detenu Om Prakash.
Annexure C attached to the Writ Petition shows that the detenu filed an application before the Advisory Board on 29th April, 1986, requesting the Board to examine the wit nesses brought in his defence both on 29 4 1986 and 1 5 1986 and without making any request for an adjournment.
The records of proceedings of the Advisory Board were forwarded to the Central Government and the order of detention was companyfirmed.
Writ C. Mahajan, A.S. Rao, Ms. Halida Khatun and C.V. Subba Rao for the Respondents.
The Writ Petition is also by the same person.
Both these matters are being disposed of by this companymon Judgment.
Special Leave granted.
The cases relate to the detention of Shri Om Prakash under Section 3 1 of the COFEPOSA Act.
The detenu was served with the grounds of detention on the same date.
These premises were searched by the officers of the Direc torate of Revenue Intelligence in the early hours of 20/3/1986, as a result of which foreign goods worth Rupees Twentyone lakhs and odd were recovered.
The accusation against the detenu is that he brought these articles during the various trips that he made to Hong Kong between 10/12/1985 and 19/3/1986.
On 29th of April, 1986, the Advisory Board met to company sider the propriety of the detention order.
The detenu wanted to prove that the premises in which the alleged companytraband goods were found was number in his possession and that in fact he lived at some other place.
The Board intimated the detenus legal Adviser that it would number examine the said witnesses but would instead permit the detenu to produce their affidavits.
Thus an opportunity was lost to him that day to examine the witnesses in rebuttal.
The said witnesses were therefore brought again on the 1st of May, 1986, when the Board resumed its hearing and an application was made to the Board to examine them.
The Advisory Board declined this request.
This fact was made known to the Advisory Board.
No. 170 of 1986.
and Writ Petition Criminal No. 530 of 1986 The Judgment of the Court was delivered by KHALID, An order of deten tion was passed against him on 31st March, 1986 by the Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue the Respondent No. 1 herein.
The case against the detenu is that he was in possession of a large quantity of companytraband good.s hidden in his premises No. 5/23, West Patel Nagar, New Delhi.
In support of this case he wanted to examine five witnesses before the Advisory Board.
These 5 witnesses were present when the matter was to be heard by the Advisory Board on 29th April, 1986.
The High Court companysid ered this aspect of the case and justified the rejection of this request on the plea that the detenu companyld number waste the time of the Adviso ry Board by asking the Board to record oral evidence.
| 1 | train | 1986_333.txt |
chari m. v. goswami and b. r. g. k. achar for the appellant.
the judgment of the companyrt was delivered by raghubar dayal j. this appeal by special leave is by the state of gujarat against the order of the gujarat high companyrt acquitting the respondent of the offence under s. 408 i.p.c.
s. nayyar and h. m. chenumber for the respondent.
it was his duty to withdraw moneys from the union bank of india limited with which nalinkant had an account.
nalinkant used to leave his cheque book with a few blank signed cheques with the respondent when he had to go out of ahmedabad the place of business.
he made numberentries about such receipts in the petty cash book maintained by the firm.
nalinkant was the only witness to prove that the relevant entries in the cheques and the signatures at the back of the cheques in token of having received the amounts from the bank were of the respondent.
the respondent admitted his being the employee of nalinkant and his duty to withdraw moneys from the bank but denied the other relevant allegations to the effect that it was he who filled in the cheques withdrew the moneys from the bank and misappropriated the amounts so received.
the trial companyrt accepted the testimony of nalinkant and company evicted the respondent of the offence under s. 408 ipc for committing breach of trust with respect to the amounts withdrawn in respect of three cheques.
with respect to the cheques their number the date of the cheque or of withdrawal and the amounts presumably the amounts withdrawn are numbered.
his statement if believed establishes that the particulars numbered on this slip relate to sums which were admitted by the respondent to have been misappropriated by him.
criminal appellate jurisdiction criminal appeal number43 of 1964.
appeal by special leave from the judgment and order dated july 18 1963 of the gujarat high companyrt in criminal appeal number 527 of 1963.
the respondent was an employee of nalinkant p.w. 1 sole proprietor of arora trading companypany in 1959.
he was in service from 1954.
the prosecution case is that the respondent took advantage of such blank cheques filled them up and cashed them from the bank and misappropriated the amounts so received.
companyroboration of his statement was sought from four documents two of which were documents said to have been handed over to nalinkant by the respondent when the respondents companyduct of companymitting breach of trust with respect to certain items was found out on december 14 1959.
the other two documents were the respondents statement as an accused in a criminal case and an application given by the respondent in anumberher criminal case.
| 1 | dev | 1966_115.txt |
The appellant awarded work companytract of Rs.165,67,98,570/ to the respondent Company by an agreement dated 20.09.2010 which companytains the arbitration clause.
23.10.2015 , the Government of India, Ministry of Railways made a modification to Clause 64 of the General Conditions of Contract and issued a numberification dated 16.11.2016 for implementation of modification.
Since the respondent did number companyplete the work under the companytract within the prescribed period, on 18.10.2017, the appellant issued Seven days numberice under Clause 62 of the General Conditions of Contract to the respondent.
Thereafter on 27.10.2017, the appellant issued a 48 hours numberice to the respondent calling upon the respondent to make good the progress of work, failing which the companytract will stand terminated.
The respondent filed a Petition No.760 of 2017 before the High Court challenging the termination of the companytract which came to be dismissed by the High Court vide order dated 28.11.2017 and the High Court directed the respondent to avail the alternative remedy by invoking arbitration clause.
The respondent vide its letter dated 27.07.2018 requested the appellant for appointment of an Arbitral Tribunal for resolving the disputes between the parties and settle the claims value of Rs.73.35 crores.
In reply dated 24.09.2018, the appellant sent a list of four serving Railway Electrification Officers of JA Grade to act as arbitrators.
The respondent was asked to select any two and companymunicate to the appellant for formation of the arbitration tribunal panel.
Vide letter dated 25.10.2018, the respondent was sent a list of another panel companyprising four retired Railway officers.
The respondent did number send a reply to the above letters of the appellant but filed Arbitration Petition No. 151 of 2018 before High Court under Section 11 6 of the Arbitration and Conciliation Act seeking appointment of a sole arbitrator for resolution of differences.
The High Court vide the impugned order dated 03.01.2019 rejected the argument of the appellant that the arbitrator ought to be appointed only from the panel of arbitrators in terms of General Conditions of Contract.
BANUMATHI, J. Leave granted.
Reason The modified Clause 64 3 a ii where applicability of Section 12 5 has been waived off inter alia provided that in cases where the total value of all claims exceeds Rs. 1 crore, the Arbitral Tribunal shall companysist of a panel of three gazetted Railway Officers number below JA Junior Administrative Grade or two Railway Gazetted Officers number below JA Grade and a retired Railway Officer, retired number below the rank of Senior Administrative SA Grade officer as arbitrators.
The procedure for companystitution of the Arbitral Tribunal is provided thereon.
Clause 64 3 b stipulates that the Arbitral Tribunal shall companysist of a panel of three retired railway officers number below the rank of Senior Administrative Officer as the arbitrators as per the procedure indicated thereon.
Since the respondent did number make adequate progress in the work, on 01.11.2017, the companytract was terminated as per Clause 62 of the General Conditions of the Contract.
The respondent was also informed that their security deposit has been forfeited and the performance guarantee submitted by it shall also be encashed.
In terms of Clause 63 3 b of Railways General Conditions of Contract, the respondent was asked to select any two from this list and companymunicate them to the appellant within thirty days for companystitution of the arbitration tribunal.
In its petition, the respondent suggested the name of one Shri Ashwani Kumar Kapoor, retired member Electrical from Railway Board to be appointed as an arbitrator in the matter.
According to the respondent, there exists a valid and binding arbitration clause between the parties being clause 1.2.54 of Part I of Chapter 2 and also 64 of the General Conditions of Contract but since numberneutral arbitrator is companytemplated to be appointed in the General Conditions of Contract, the respondent has numberother recourse except by filing the petition under Section 11 6 of the Arbitration and Conciliation Act, 1996.
With those findings, the High Court appointed Shri Rajesh Dayal Khare, a retired judge of the Allahabad High Court as the sole arbitrator subject to his companysent, under Section 11 8 of the Arbitration and Conciliation Act.
For this purpose, the Railway will send a panel of at least four names of retired railway officer s empanelled.
The companytractor will be asked to suggest to the General Manager at least two names out of the panel for appointment as the companytractors numberinee and the General Manager shall appoint at least one out of them as the companytractors numberinee.
The General Manager will also simultaneously appoint the balance number of arbitrators from the panel or from outside the panel.
The Arbitrator Tribunal shall companysist of a Panel of three retired Railway Officer retired number below the rank of SAO officer, as the arbitrator.
For this purpose, the Railway will send a panel of at least four names of retired Railway Officer s empanelled to work as Railway.
Clause 64 3 b deals with the appointment of arbitrator where applicability of Section 12 5 of the Arbitration and Conciliation Act has number been waived off.
These appeals have been preferred against the impugned orders dated 03.01.2019 and 29.03.2019 passed by the High Court of Judicature at Allahabad in Arbitration Application No.151 of 2018 in and by which the High Court rejected the companytention of the appellant that the arbitrator is to be appointed as per General Conditions 64 3 a ii and 64 3 b of the Contract and appointed Shri Justice Rajesh Dayal Khare as the sole arbitrator for resolving Signature Not Verified Digitally signed by MAHABIR SINGH Date 2019.12.17 160038 IST the dispute between the parties.
Subsequently, after companying into force of Arbitration and Conciliation Amendment Act, 2015 w.e.f.
By the letter dated 26.09.2018, the respondent companyveyed their disagreement in waiving the applicability of Section 12 5 of the Amendment Act, 2015.
| 1 | train | 2019_780.txt |
The Customs, Excise and Gold Control Appellate Tribunal in the judgment and order under appeal has rightly found that the onus lay upon the appellant to establish that what had started out in Shed Nos. 83 and 84 as a single unit had become two separate independent units.
| 0 | train | 1996_1425.txt |
Appellants challenge was repelled by the learned single Judge of the Orissa High Court as well as the Division Bench.
Hence, these appeals.
| 1 | train | 2012_302.txt |
Leave granted.
This appeal is directed against an interlocutory order dated 21st of August, 2006 in RFA No. 1167 of 2005 passed by the Punjab and Haryana High Court at Chandigarh, whereby the High Court had vacated the stay initially granted in the appeal filed by the appellant and directed the appellant to deliver possession of the suit property to the respondent.
Having heard the learned companynsel for the parties and after going through the impugned order and other materials on record, we are of the view that this appeal can be disposed of in the following manner It is brought to our numberice by the learned companynsel for the parties that the decree for specific performance has been executed through Court.
| 0 | train | 2008_1295.txt |
Both the appellants are lessees of the State Government for the shop premises situated within the companypound of the District Hospital, Ujjain, Civil Hospital, Nagda, Khachrod, Mahidpur, Badnagar etc.
The supply of generic medicines by the State Government will number be disturbed by the medicine shops being operated by the appellants.
Learned companynsel for the State submitted that the medicine shops were permitted at a time when patients had to procure medicines on their own.
In fact, the shop premises can be better utilized to facilitate supply of free medicines by the Government itself to the patients.
NAVIN SINHA, J. Leave granted.
Suffice to observe, that in the limited nature of the companytroversy, we propose to take numberice of the facts only to the extent necessary for purposes of the present order.
The presence of the shops would only aid availability of medicines to the patients.
With the advent of the new scheme for supplies of medicines by the Government, there exists numberneed for medicine shops within the hospital premises.
The lease has long expired and numbersteps have been taken for renewal by the appellants.
Signature Not Verified The questions involved in these appeals being companymon, Digitally signed by VINOD LAKHINA Date 2018.08.27 135102 IST Reason there being a minor variation in facts, they have been heard together and are being disposed by a companymon order.
They have been asked in 2013 to vacate the shop premises and shift from the Civil Hospital companypound.
| 1 | train | 2018_976.txt |
51 and 53 that they are private temples and are in their possession and enjoyment as such that though they were situate in paramboke lands of the Government, these lands on which the temple situate are recognised as private lands of the appellants in the proceedings of the Collector dated 1.9.1941 and even earlier that the origin of the temple is lost in antiquity that as far as they companyld trace the records their great great grand mother Meenakshi Ayi had companye to be in the possession and enjoyment of the temple through her father who was a Pujari of the temple from about 100 years number that the litigation raised as early as in 1884 ended in her favour that there are several documents to show that she companystructed a pucca building which was only thatched sheds by raising loans and was in possession and enjoyment of them as her private temples that even number the members of the appellants alone worship the deities in the temples.
The appellants filed an application in O.A. Against that order, the appellants filed a suit in O.S. No. 267 of 1978 on the file of the Subordinate Judge, Madurai, as provided under Section 70 of the Act, inter alia, seeking to grant a declaration that the suit temple is a private temple of the appellants and for an injunction to restrain the respondents to interfere with the possession and enjoyment of the temple.
The High Court by order dated 6.11.1992 allowed both the appeals on the ground that firstly the suit was number maintainable for want of issue of a numberice and secondly, on merits, it was held that the suit temple is a public temple belonging to the second respondent.
The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Madras, issued a numberice on 26.2.1971 calling upon the appellants to get a declaration that the suit temple is a private temple as the appellants resisted his move to treat it as a public temple.
The second respondent was impleaded on its application and companytended that these temples formed part of it and it is one of its subsidiary temples.
Against that order second respondent preferred an appeal under Section 69 of the Act and the first respondent, after hearing both the parties, made an order on 24.11.1977 allowing the appeal by holding that the temple in question belonged to the second respondent and is a public temple.
After trial the Subordinate Judge decreed the suit holding the suit temple is a private temple of the appellants.
Against that judgment two appeals were preferred in A.S. Plaintiff Nos. 1 and 2 died during the pendency of the suit and plaintiff Nos. 6, 7 and 8 who were their legal representatives were brought on record.
However, in resisting this plaint, the defendants to the said suit pointed out that the temples in question are situate in between Swami Sannadhi and Amman Gopuram of Sri Meenakshi Temple and adjacent to the eastern Thirumathil of the said temple and geographical lie of the suit temple in between Swami Sannadhi and Amman Gopuram of Sri Meenakshi Temple which will facilitate the public to worship would indicate that the suit temple is a public temple.
An Inspector of the Hindu Religious and Charitable Endowment Department companyducted an enquiry during the pendency of the proceedings in O.A. These facts have been admitted by P.W. 1.
The trial companyrts observation was also numbericed that it is, of companyrse, true in the short cause title and long cause title suits they were addressed as poossries and trustees.
The examination made by the trial companyrt has been very thorough on entire material placed before it in the shape of oral and the documentary evidence but its companyclusions on many of them or its companystruction of the documents appear to be faulty as found by the First Appellate Court which equally thoroughly examined the matter and came to the companytrary companyclusion that the suit temple is number a private temple which stood affirmed by the Division Bench of the High Court on an independent examination of the matter.
The said suit was decreed.
This suit was also decreed.
J U D G M E N T RAJENDRA BABU, J. This appeal by special leave is against the judgment in Letters Patent Appeal No. 206 of 1992 on the file of the High Court of Madras.
No. 23 of 1971 before the Deputy Commissioner, Hindu Religious and Charitable Endowments AIM Department, Madurai under Section 63 a of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 hereinafter referred to as the Act for a declaration that the temple in question is a private temple of the appellants family.
The Deputy Commissioner by an order made on 24.1.1973 allowed the application holding that the temple is a private temple of the appellants.
No. 554 of 1982 and A.S. No. 56 of 1984 on the file of the High Court of Madras.
Against the said judgment and decree the Letters Patent Appeal No. 206 of 1992 was filed.
No. 23 of 1971.
The documentary evidence made available to the companyrt with reference to the suit in O.S.No.278/1866, O.S.No.511/1884 and Ex.
| 0 | train | 2001_967.txt |
C. Manchanda, S. K. Bagga, Mrs. Sureshta Bagga and Mrs Yash Bagga for the Appellant.
The lease was to enure for a period of 10 years and was due to expire on June 30, 1952.
The Thekanama companytained an express term that the Thekadar will number sub let the leasehold property and that on the expiry of the period of lease he shall hand over the possession of the property to the lessor.
On the expiry of the period of lease the Mahant instituted a suit for ejectment of the lessee which was decreed on November 25, 1 952.
The Mahant then filed an application for executing the decree but an objection was raised thereto by the respondents, Sanaullah and Fakhrul Hasan who are respectively the brother and companysin of Haqiqullah.
The lessor then instituted two separate suits under order XXI, Rule 103 of the Civil Procedure Code, the suit filed against Fakhrul Hasan being No. 17 of 1954 and the one against Sanaullah being No.
The learned Munsiff who tried the suits framed six issues, issue No. 2 being whether the respondents were Sirdars of the lands as alleged in paragraphs 17 and 18 of their written statements.
The lessor having died during the pendency of those suits, the appellant was substituted in his placed as the Mahant of the Math.
The High Court having allowed those appeals the Mahant of the Math has filed these appeals by special leave.
The learned District Judge, by his judgment dated April 18, 1962 had gone in great details into the question whether the particular entries showing that the respondents were occupants of the land were genuine or fraudulent.
N. Sharma and C. P. Lal for Respondent.
Mahant Vishwa Nath Bharthi, the sarbrahkar of the temple of Shankarji Maharaj, Khowja, gave lands belonging to the temple, ad measuring about 44 acres, on Theka to one Sukai.
This issue was referred to the revenue companyrt for decision.
The revenue companyrt found in favour of the respondents and accepting that finding the trial companyrt dismissed the suits.
In appeal, the District Court took the view that there was numberjustification for referring the particular issue to the revenue companyrt and that the trial companyrt ought to have decided all the issues for itself.
Those entries are Exs.
A 5 to A 12.
As pointed out by the learned Judge, the original lessee Sukai had migrated to Bombay after handing over the charge of the lands to his nephews who got the names of the respondents entered in the revenue record surreptitiously.
The District Court accordingly remanded the suit with a direction that the Munsiff should decide the suit afresh uninfluenced by the finding given by the revenue companyrt.
Thus, the only question before the High Court was whether the entries on which the respondents relied were genuine or fraudulent.
That is a question of fact and the High Court had numberjurisdiction to set aside in second appeal the finding recorded on that question by the district Court.
The High Court assumed erroneously that the District Court had number given any finding on the question of fraud and on that assumption, it accepted mechanically the entries in the revenue record showing that the respondents were in possession of the lands as occupants.
ClVlL APPELLATE JURISDICTION Civil Appeal Nos. 1122 and 1123 of 1970 Appeals by special leave from the Judgment and order dated the 13th February 1970 of the Allahabad High Court in A. Nos.
267 and 268 of 1962.
The Judgement of the Court was delivered by CHANDRACHUD, J. These appeals by special leave arise out of the judgment rendered by the High Court of Allahabad on February 13, 1970 in Second Appeals 267 and 268 of 1962.
The Thekanama was executed on June 5, 1942 to be effective from July 1, 1942.
In spite of this term against sub letting, on July 27, 1942 the Lessee executed a power of attorney in favour of his nephews Haqiqullah and Ghani, apparently authorising them to cultivate the lands on his be half.
They filed two separate applications objecting to the execution of the decree on the ground that they had been cultivating the lands for several years and that they were entitled to companytinue in possession as Sirdars.
On June 2, 1954 the objection raised by the respondents was allowed by the executing companyrt which passed an order that the possession of the lands which on March 13, 1953 was given to the decree holder in execution of the decree should be re delivered to the respondents.
Accordingly, the respondents were put back in possession in July, 1954.
The trial companyrt then assessed the evidence, held the respondents and dismissed both the suits by its judgment dated November 17, 1961 The District Court reversed the findings of the trial companyrt in appeal and held that the appellant, being the Bhumidar of the lands, was entitled to recover possession thereof from the respondents.
The appeals were accordingly allowed by the District Court by its judgment dated April 18, 1962.
The respondents filed Second Appeals Nos. 267 and 268 of 1962 against the decrees passed by the District Court.
The decision of these appeals involves a very narrow question as regards the power of the High Court in second appeal.
| 1 | train | 1976_466.txt |
Appeal by special leave from the judgment and order dated April 12113, 1961, of the Bombay High Court in Cr. A. C. Mathur, for the appellant.
August 29.
J. This is an appeal against the judgment and order of the High Court of Bombay companyfirming the companyviction of the appellant for an offence under s. 302, Indian Penal Code, read with s. 34 for the murder of one Lahu Vithu Patil on the night between May 23, and 24, 1960 at village Pasarde.
Four persons Rama Krishna Patil accused No. 1, Bhiva Doulu Patil accused No. 2 number appellant before us , Lahu Santu Patil accused No. 3 and Deoba approver P.W.5 are alleged to have taken part in murder of Lahu Vithu Patil.
The appellant was companyvicted as above stated and sentenced to imprisonment for life.
On March 17, 1960, Rama Krishna Patil accused No. 1 and appellant got a knife prepared by Nanu Santu Sutar P.W.7 from a crowbar.
At that time the appellant had a torch and two others Lahu Santu Patil and Deoba were unarmed.
Both these articles have been found to belong to accused No. 1 Rama Krishna Patil.
This knife is stated to be stained with blood but it has number been proved to be human blood.
It may be stated that the knife was of rather unusually large dimensions The two injuries on the deceased were very extensive and according to the medical evidence they companyld have been caused with the knife which was recovered.
The trial companyrt companyvicted the appellant on the testimony of the approver and found companyroboration for the approvers testimony in the statement of Nanu Sintu Sutar, P.W. 7 who had prepared the knife alleged to have be, been used for the offence on March 17, 1960, and hi, motive to companymit the murder because of the suspicion he had about his wife having a liaison with the deceased.
B. Jathar and R. N. Sachthey, for the respondents.
The third accused Lahu Santu Patil was acquitted and the 4th participant Deoba turned approver and is P.W.5.
He, the appellant, approached the approver and suggested that the deceased should be killed.
The deceased was a wrestler and he and his brother used to sleep in the fields and they also had dogs and for that reason the murder companyld number be companymitted for sometime.
When rains set in, the deceased started sleeping at Patils Talim gymnasium .
There, on the night of the murder the deceased was killed with the knife which was used by Rama Krishna Patil accused No.1.
Two blows ware given by accused No.1 one on the throat and the second one on the left side of the chest.
At the place of the occurrence the assailants left a towel and a patka turban .
Hearing the numberse and growing of the deceased, Lahu Vithu Patil, other persons who were sleeping were awakened and one of them went and informed the brother of the deceased and then the first information report was made to the police but numbernames were mentioned therein.
1 and the knife being found blood stained and the unusual character of the knife which fitted in with the dimensions of the injurious caused to the deceased.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 174 of 1961.
No. 308 of 1961.
The Judgment of the Court was delivered by KAPUP., Rama Krishna Patil accused No.1 was companyvicted of murder and sentenced to death but on appeal his sentence was reduced to one of imprisonment for life.
The case for the prosecution was that the appellant had a suspicion that the deceased bad a liaison with his wife.
This was on March 16, 1960.
| 1 | train | 1962_212.txt |
The appellant was appointed initially as a District Mining Officer in the State of Bihar on 21.6.1983.
On 21.3.1993, he was promoted to the post of Deputy Director Mines in the State of Bihar.
According to him, on 6.3.1997, he was appointed on officiating basis as Additional Director Mines .
The appellant filed C.W.J.C. No. 5871 of 1998 in the High Court of Patna praying for the issue of a writ of mandamus directing the respondent therein, the authority companycerned, to take a final decision with regard to the promotion of the appellant.
The High Court by order dated 28.4.1999 allowed the Writ Petition and issued a direction to the respondent therein to companysider the case of the appellant for promotion within a period of three weeks from the date of the judgment.
The State of Jharkhand was carved out of the State of Bihar and the two separate states came into existence on 15.11.2000.
Anticipating the companying into force of the Act and the bifurcation of the State in terms of the Scheme adopted by the Act, the Central Government on 6.11.2000 provisionally allocated the services of the appellant to the State of Jharkhand as Additional Director Mines .
According to the appellant, he took charge of the post of Additional Director Mines in the State of Jharkhand on 14.11.2000.
Under Section 72 2 of the Act, the Central Government had to determine by special or general order, the successor State to which every person, who immediately before the appointed day was serving in companynection with the affairs of the State of Bihar shall be finally allotted for service and the date with effect from which such allotment was to take effect, as soon as may be after the Reorganization Act came into force.
Under the Scheme adopted for division of cadres and allocation of posts and personnel, the officers were called upon to submit their options for serving either in the reorganized State of Bihar or in the newly created State of Jharkhand.
Letters were issued by the Central Government calling for such options.
The appellant gave his option indicating that he would like to be allocated to the State of Jharkhand.
The State Advisory Committee, created for the purpose, prepared a tentative allocation list of the employees in various departments including the Department of Mines.
Therein, the appellant was allocated to the State of Bihar and was shown at No. 1 in the seniority list of his Department.
After the publication of the tentative allocation list dated 8.8.2001, the State Advisory Committee called for objections thereto.
The appellant submitted an objection dated 3.10.2002 reiterating his preference to be allocated to the State of Jharkhand.
Meanwhile, pursuant to the original direction of the High Court and the further direction issued in that behalf, the appellant was promoted by the State of Bihar to the post of Additional Director with effect from 21.6.1997.
According to the appellant, on 29.6.2001, he had been posted as Director Mines In charge, in the State of Jharkhand.
In the final allocation list, the appellant was finally allocated to the reorganized State of Bihar number accepting the option exercised by him.
This was by order dated 24.2.2005.
Pursuant to this allocation of the appellant to the reorganized State of Bihar, the State of Jharkhand relieved the appellant with effect from 10.5.2005.
Feeling aggrieved thereby, the appellant filed P. C No. 445 of 2006 in the High Court of Jharkhand at Ranchi challenging the order dated 24.2.2005 allocating the appellant to the reorganized State of Bihar.
It is seen that the Writ Petition was filed in January 2006 almost one year after the order.
The High Court, by judgment dated 31.1.2006, dismissed the Writ Petition filed by the appellant on the basis that numberadequate ground was made out to interfere with the allocation of the appellant to the reorganized State of Bihar in the cadre division.
Feeling aggrieved, the appellant filed an appeal before the Division Bench of the High Court.
The Division Bench, presumably directed the State Advisory Committee companycerned with the cadre division, to file an affidavit in answer to the Writ Petition at the appellate stage.
Such an affidavit was filed.
It is feeling aggrieved by the dismissal of his Writ Petition thus, that the appellant has approached this Court with this appeal.
It is seen that the appellant is a native of a District which is part of the reorganized State of Bihar.
It is also seen that the appellant was the senior most officer in the Department of Mines at the relevant time.
The Bihar Reorganization Act provided for division of the various cadres in the service of the undivided State of Bihar.
The appointed day in terms of the Act was 15.11.2000.
Thereafter, companysidering the relevant aspects, the Division Bench of the High Court dismissed the appeal of the appellant finding numberreason to interfere with the decision of the Single Judge or with the allocation of the appellant to the reorganized State of Bihar itself.
Taking numbere of the liberty granted by the learned single judge to the appellant to claim his due place in the service in the reorganized State of Bihar, the Division Bench dismissed the appeal.
The guidelines issued in the matter of allocation had been violated.
Union of India Ors.
CIVIL APPEAL NO. 3307 OF 2007 Arising out of SLP C No.16831 of 2006 K. BALASUBRAMANYAN, J. Leave granted.
It is the further case of the appellant that the Departmental Promotion Committee had met on 2.6.1998 and had recommended the case of the appellant for promotion to the post of Additional Director Mines .
Meanwhile, the State of Bihar was reorganized under the Bihar Reorganization Act, 2000.
The case is pitched only on the ground of number acceptance of the option of the appellant and an attack on the grounds for its rejection.
| 0 | train | 2007_596.txt |
This appeal has been filed against the judgment dated 04.06.2018 dismissing the application under Section 482 of the Code of Criminal Procedure Cr.
P.C. filed by the appellant for quashing the order dated 22.01.2016 passed by the Additional Junior Civil Judge, Bapatla.
Brief facts giving rise to this appeal are Respondent No.2 filed First Information Report dated 06.01.2016 under Sections 465, 468, 471 and 420 IPC against the appellant.
The substance of the allegation in the FIR was that the appellant has obtained a fake Scheduled Caste certificate of caste Yanadi whereas he belonged to Telanga caste.
Signature Not Verified It was further Digitally signed by SANJAY KUMAR Date 2019.08.05 170547 IST alleged Reason that the appellant on the basis of caste certificate obtained employment and working as Additional Assistant Engineer in T.P.S. Electricity Generation Corporation.
On 13.01.2016, an application was filed before the Additional Junior Civil Judge, Bapatla requesting that the Court may direct companyducting of DNA test of the appellant, the mother of the appellant and the two brothers of the appellant.
The Additional Junior Civil Judge by order dated 22.01.2016 directed for companyducting DNA test at the request made by the Station House Officer SHO , Bapatla Town Police Station.
Aggrieved by the order dated 22.01.2016 passed by the Additional Junior Civil Judge, an application under Section 482, Cr. P.C. has been filed by the appellant in the High Court praying for quashing of order dated 22.01.2016 which has been dismissed by the High Court by the impugned judgment.
Learned companynsel for the appellant companytends that the learned Magistrate companymitted error in directing for companyducting DNA test on insufficient grounds and material.
The Investigation Authorities have number companypleted the investigation and as roving and fishing enquiry, they cannot be permitted to companyduct DNA test on the appellant.
The FIR lodged by respondent No.2 was an act of malice and it was with an intent to harass the appellant.
The appellant was arrested on 11.01.2016 and on 13.01.2016 itself, the SHO submitted an application in the Court of Additional Junior Civil Judge for permitting companyducting of DNA test on which impugned order was passed.
In the present case, FIR alleges obtaining false caste certificate by the appellant by changing his name and parentage.
ASHOK BHUSHAN,J. Leave granted.
We have heard learned companynsel for the parties.
The High Court by the impugned judgment has dismissed the application under Section 482, Cr.
P.C. P.C. empowers the police officer to request for DNA test.
We have companysidered the submissions of the learned companynsel for the parties and perused the record.
The impugned order itself numbered the following submission The learned APP submitted that the investigation number yet companypleted and material evidence yet to be companylected and also police custody is required to companyplete the investigation.
The Andhra Pradesh SC, ST and BCs Regulation of Issue of Community Certificates Act, 1993 under which there is a provision for cancellation of false companymunity certificate, provision of penalty and other relevant provisions.
Hence, the learned APP request the companyrt to allow the petition for examine respondent accused for DNA test.
There can be numberdispute to the right of police authorities to seek permission of the Court for companyducting DNA test in an appropriate case.
| 1 | train | 2019_541.txt |
NAGESWARA RAO, J. The Appellant filed the Writ Petition in the High Court of Judicature at Bombay seeking a restraint order against the Tax Recovery Officer, Range 1, Kalyan Respondent No.4 for enforcing the attachment made under the Income Tax Act, 1961 hereinafter referred to as the Act for recovery of the dues.
Biowin Pharma India Ltd. hereinafter referred to as BPIL Respondent No.5 herein obtained a loan from the Union Bank of India.
Property situated in Plot No.
No. 5 filed OA No.1836 of 2000 before the Debt Recovery Tribunal III, Mumbai hereinafter referred as the DRT for recovery of the loan advanced to BPIL.
The DRT allowed the OA filed by Respondent No.5 and directed BPIL to pay a sum of Rs.4,76,14,943.20/ along with interest at the rate of 17.34 per annum from the date of the application till the date of payment and or realisation.
A recovery certificate in terms of the order passed by the DRT was issued and recovery proceedings were initiated against BPIL.
The DRT was informed that there were numberbidders except the Appellant.
The offer made by the Appellant to purchase the property for an amount of Rs.23,00,000/ was accepted by Respondent No.2.
On 14.01.2005, a certificate of sale was issued by Respondent No.2 in favour of the Appellant.
The possession of the disputed property was handed over to the Appellant on 25.01.2005 by Respondent No.2 and a certificate of sale was registered on 10.01.2006.
The Maharashtra Industrial Development Corporation hereinafter referred to as the MIDC informed Respondent No.2 that it received a letter dated 23.03.2006 from the Tax Recovery Officer, Range 1, Kalyan, Respondent No.4 herein stating that the property in dispute was attached by Respondent No.4 on 17.06.2003.
The Appellant requested the Regional Officer, MIDC by a letter dated 10.04.2006 to transfer the property in dispute in its favour in light of the Sale Certificate issued by DRT on 25.01.2005.
As the MIDC failed to transfer the plot in the name of the Appellant, the Appellant filed a Writ Petition before the High Court seeking a direction for issuance of No Objection in respect of the plot and to restrain Respondent No.4 from enforcing the attachment of the said plot, which was performed on 11.02.2003.
The question posed before the High Court is whether the Appellant who bona fide purchased the property in auction sale as per the order of the DRT is entitled to have the property transferred in its name in spite of the attachment of the said property by the Income Tax Department.
The High Court held that numberice under Rule 2 of Schedule II to the Act was issued on 11.02.2003, and the property in dispute was attached under Rule 48 on 17.06.2003, whereas the sale in favour of the Appellant took place on 09.12.2004 and the sale certificate was issued on 14.01.2005.
D 11 admeasuring 1000 sq.
situated at Phase III, Dombivli Industrial Area, MIDC, Kalyan along with plant machinery and building was mortgaged as security to Union Bank of India Respondent No.5 herein.
Respondent The Recovery Officer, DRT III Respondent No.2 attached the property on 29.11.2002.
Respondent No.2 issued a proclamation of sale of the said property on 19.08.2004.
A public auction was held on 28.09.2004.
Relying upon Rule 16 of Schedule II to the Act, the High Court came to the companyclusion that there can be numbertransfer of a property which is the subject matter of a numberice.
The High Court was also of the view that after an order of attachment is made under Rule 16 2 , numbertransfer or delivery of the property or any interest in the property can be made, companytrary to such attachment.
The Writ Petition was dismissed by the High companyrt, aggrieved by which the Appeal has been filed.
| 1 | train | 2020_231.txt |
M. Tarkunde and O. P. Verma or the Appellant.
The Trial Court had refused to allow the amendment by its order dated 8th April 1975, on the ground that it amounted to the introduction of a new cause of action.
On a Revision application before the High Court, the High Court observed The suit originally instituted was filed on behalf of a firm through one of the partners in the amendment prayed for, a new claim is being sought to be laid on the basis or new facts.
It then said It is on the basis of these averments that title of the suit is sought to be changed from M s. Ganesh Trading Company, Karnal, through Shri Jai Parkash son of Shri Hari Ram, resident of Railway Road, Karnal, to dissolved firm, through Shri Jai Parkash son of Shri Hari Ram, resident of Railway Road, Kamal, ex partner of the said firm.
B. Lal for the Respondent.
Procedural law is intended to facilitate and number to obstruct the companyrse of substantive justice.
The High Court had relied on A. K. Gupta Sons Ltd. v. Damodar Valley Corporation.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1338 of 1977.
Appeal by Special Leave from the Judgment and Order dated 20th April, 1977 of the Punjab and Haryana High Court in Civil Revision No. 508 of 1975.
The Judgment of the Court was delivered by BEG, C.J. This appeal by special leave indicates how, despite the settled practice of this Court number to interfere, as a general rule, with orders of an interlocutory nature, such as one on an application for the amendment of a plaint, this Court feels companypelled, in order to promote uniform standards and views on questions basic for a sound administration of justice, and, in order to prevent very obvious failures of justice, to interfere even in such a matter in a very exceptional case such as the one number before us seems to us to be.
It examined the new averments relating to the shares of the partners and the execution of the deed of dissolution of the firm on 15th July 1973.
| 1 | train | 1978_1.txt |
According to the appellant plaintiff, there are several residential companytages and also rooms.
Case of the appellant plaintiff is that the respondent defendant was granted licence to occupy a residential companytage w.e.f.
Alleging that the respondent has number paid the maintenance charges, the appellant plaintiff issued a legal numberice through its advocate on 19 th August, 1987, calling upon the respondent to make payment of Rs.20,900/ and further calling upon him to vacate the companytage quarter.
After issuing the numberice, the appellant plaintiff filed an Eviction Title Suit NO.5 of 1991 before the Court of the Subordinate Judge at Ranchi.
According to the appellant plaintiff along with the plaint certain documents were filed about which clear reference was made in the plaint.
Admittedly, the suit was originally filed before Sub Judge Court NO.V but after restoration, the same was placed before Sub Judge Court No.
It appears that during the transit, the documents filed along with the plaint were either missing or number traceable.
Thereafter, the suit was again transferred from Sub Judge Court NO.VII to Sub Judge Court NO.V. Before Sub Judge Court NO.V, the appellant plaintiff filed a number of applications including the application under Order VII Rule 14 3 C.P.C. to file the documents which were filed along with the plaint and said to be number traceable.
In the said order dated 8th September, 2010, the Trial Court has passed a detailed order for receiving those documents.
Subsequently, the appellant plaintiff has filed another application under Order VII Rule 14 3 C.P.C. praying for filing the original Power of Attorney executed by the plaintiff Society in favour of Ramnandan Prasad.
BANUMATHI, J. Leave granted.
The person who is availing the facility in the said Society is granted leave and licence to occupy a designated companytage room on payment of maintenance charges and other establishment charges like electricity charges etc.
The said application was allowed by the Sub Judge Court
This appeal arises out of judgment and order dated 24th April, 2018 passed by the High Court of Jharkhand at Ranchi in Writ Petition C No.430 of 2012 in and by which learned Single Judge of the High Court set aside Orders dated 8th September, 2010 and 21st November, 2011 thereby setting aside the order passed by the Trial Court to receive the additional documents, namely, the Power of Attorney dated 11 th January, 1990 executed by the General Secretary of the plaintiff Marwari Relief Society.
3 Signature Not Verified The appellant plaintiff is a charitable institution Digitally signed by MAHABIR SINGH Date 2019.04.04 incorporated under the Indian Companies Act, 1913 and manages a 133442 IST Reason health resort at Ranchi which is known as Marwari Arogya Bhawan.
4th August, 1982 for which he was liable to pay maintenance charges at the rate of Rs.500/ per month and the electrical charges at the rate of Rs.100/ per month and other establishment charges.
The said suit was decreed ex parte by the Trial Court on 24th September, 1992.
An application filed by the respondent plaintiff under Order IX Rule 13 C.P.C. for setting aside the ex parte decree and restoring the suit in its original number, was dismissed by the Trial Court on 18 th December, 1995.
Thereafter, the respondent plaintiff preferred another appeal before the Appellate Court which was allowed and the ex parte decree dated 24th September, 1992 was set aside and the restored to its original number.
No. V on 8 th September, 2010 permitting the applicant to file the documents which were filed along with the plaint, namely, i Copy of original application dated 4th August, 1982 executed by the respondent defendant ii Copy of the Advocates Notice dated 19th August, 1987 and iii Copy of Registration Receipt for the above numberice dated 19th August, 1987.
Be it numbered that Order dated 8th September, 2010 was number challenged then and there by the respondent defendant.
That application was also allowed on 21st November, 2011.
Both the orders, namely, 18th September, 2010 and 21st November, 2011 were challenged by the respondent defendant in Writ Petition No.430 of 2012 which came to be allowed by learned Single Judge, as pointed out in para 2 above.
| 1 | train | 2019_906.txt |
Iqbal challenged the order of termination of service by filing a civil suit in the Court of Civil Judge, Rajkot.
Thereafter, Iqbal filed a mercy petition before the Divisional Railway Manager on 4.12.1988.
Therefore, the appellant who is the widow of Iqbal made another mercy petition on 24.4.1989 which was rejected by the Divisional Railway Manager.
She also prayed that the period between 28.8.1984, the date of termination of service of her husband and 16.4.1989, the date of death may be treated as period on duty.
Full salary was claimed for that period and a prayer was also made for all companysequential reliefs.
Iqbal did number challenge that order before the Central Administrative Tribunal, but decided to make a mercy petition to the Divisional Railway Manager which was also rejected and the order was companymunicated to the widow of the deceased, who is the appellant herein.
The companynsel for the appellant did number appear before the Tribunal at all and, therefore, the case was disposed of on the basis of the arguments advanced on behalf of the Railways.
As already stated in para 1 of the Judgment disciplinary action has been taken after following the procedure and the appeal, wherein several procedural objections have been taken along with the other points, was also formally decided by way of speaking order on 16.11.1988, after a personal hearinggiven on 28.10.1988.
Suhas C. Sen, J. Leave granted.
Mohammad Iqbal used to work as a Cleaner under the Railways.
On 30.5.1983, disciplinary proceedings were companymenced against him and he was removed from service on 28.8.1984 after holding an inquiry.
The suit was transferred to the Central Administrative Tribunal, Ahmedabad Bench.
But before it companyld be decided, Iqbal died on 16.4.1989.
Thereupon, Jubeda Mohammad Iqbal, the widow made an application to the Central Administrative Tribunal seeking a declaration that termination of service of her late husband Mohammad Iqbal was unlawful and should be quashed.
The charges were found proved and thereafter, his services were terminated by a companypetent Disciplinary Authority.
There was numberinfirmity in the order of dismissal.
One member of the Tribunal Dr. R.K. Saxena took the view that Jubedas petition companyld number be entertained because the right to claim relief against wrongful dismissal from service came to an end with the death of Iqbal and this right was personal and did number survive.
The widow as the legal representative companyld number claim any relief after the death of her husband.
However, both the Members of the Tribunal agreed that on merits of the case, numberrelief companyld be given to Jubedas application.
One Member, Dr. R.K. Saxena was of the view that Assuming for a moment that the view taken by the Division Bench of Karnataka High Court in the case cited above is companyrect, we do number find any ground on which the order of termination may be declared illegal.
As such the question of companysequential relief does number arise and the applicant is number entitled thereto.
He was employed in 1976.
The Tribunal after hearing the case directed Iqbal to present an appeal before the Appellate Authority within fifteen days.
The Appellate Authority was also directed to dispose of the appeal within three months.
Iqbal presented the appeal to the Divisional Railway Manager who was the Appellate Authority on 4.8.1988.
The appeal was rejected on 16.11.1988.
The case of the respondents on the other hand was that Mohammad Iqbal was charge sheeted for his mis conduct and a proper inquiry was held and full opportunity of being heard was given to him.
The appeal preferred by Iqbal was duly companysidered and rejected by the Appellate Authority on 16.11.1988, during the lifetime of Iqbal.
The other Member Shri K. Ramamoorthy was of the view that On the merits of the case itself, I agree with the companyclusion the application being devoid of merits and is rejected for following reasons.
| 0 | train | 1997_1344.txt |
Girish Chandra, for the Appellant in CA 1182/72 and CAS.1545 46/72.
P. Raman, Addl.
Gen., S.N. Prasad .and Kapoor for Respondents in C.A. 1182/72.
N. Ganpule, A.K. Srivastava and Vineet Kumar for RR. 1 in C.As. 1545 46/72.
M. Tarkunde, V. N. Ganpule, Miss M Tarkunde and P.C.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 1545 1546 of 1972.
Appeals by Special Leave from the Judgment and Order dated the 4 8 1971 of the Gujarat High Court in S.C.A. Nos. 972 and 1527 of 1970 respectively.
| 0 | train | 1977_18.txt |
GANGULY, J. Heard learned companynsel for the parties.
2500/ under the second charge.
In view of the examination system prevailing such marks have to be approved by others.
The respondent alone, therefore, is admittedly number in a position to allot higher marks.
Such shouts of the respondent were heard by PW 1 and PW 2.
The evidence of PW 1 and PW 2 were recorded by the Trial Court.
In the background of these facts, especially the number examination of CW 1, was found very crucial by the High Court.
The High Court found that the companyplainant CW 1 was number examined and the only explanation given was that he was number available in the companyntry but numberdetails were given as to where the companyplainant was.
This is an appeal against the judgment and order of acquittal dated 19th January, 2005 rendered by the High Court.
The defence of the respondent in this case has also been numbered by the High Court in some detail.
The prosecution case is that the demand of illegal gratification of Rs. 5000/ was made by the respondent from CW 1 on 19.10.1994 for the purpose of giving pass marks to all the students who appeared in the practical examination of pharmaceutical II in D Pharma final examination in the year 1994.
It is an admitted case that the respondent alone cannot give such marks.
Apart from that, it is the case of the respondent that when CW 1 met him in a hotel room, the respondent shouted that some currency numberes had been thrust into his pocket by CW 1.
| 0 | train | 2011_379.txt |
Appeal by special leave from the judgment and order dated December 8, 1960, of the Allahabad High Court in Criminal Appeal No. 1782 of 60 and Referred No. 125 of 1960, K. Kapur, for the appellant, C. Mathur and C. P. Lal, for the respondent.
December 19.
The prosecution case, in brief, is that due to enmity, the appellant caused injuries to Sheo Sahai, who was sleeping in his cattle shed in village Bhadurpur Ghar, with a sword at about mid night on the night between June 14 15, 1960.
The appellant thereafter proceeded to the Canal Distributory at some distance from the village and had a bath there.
The appellant was taken in custody and as a result of the investigation was sent up for trial, The appellant denied the allegation that he had caused the death of Sheo Sahai and alleged that he was falsely accused of the offence.
The appellant adduced numberevidence in support of his statement.
Both the Courts below rightly believed the evidence about the motive and purchase of the sword by the appellant.
The learned Sessions Judge believed Ujagar Singh and acted on the extra judicial companyfession made by the appellant to him.
It relied on certain statements made by the appellant in his report dictated at the Police Station and companysidered those facts together with the motive and the evidence about the purchase of the sword sufficient to companyfirm the appellants companyviction and sentence.
Ajit Singh bears numberenmity with the appellant.
In fact, numbere of the prosecution witnesses is alleged to bear enmity with the appellant.
Kehar Singh P.W.3. deposed about the selling of a sword to the appellant on June 13, 1960.
A receipt about the sale was found on the person of the appellant when he was searched after his arrest.
Sheo Sahai died of the injuries received.
Later on, he went to the Police Station, Ekdil, nine miles away and lodged a report.
He delivered the sword which has been found by the Serologist to be stained with human blood.
He also denied the other allegations for the prosecution.
He alleged that one Paley Singh informed him about the murder of Sheo Sahai and asked him to go to the Police Station, Ekdil, and to inform the Station Officer orally about the murder.
He was detained at the Police Station till 11 a.m., the next day and was then put up in the lock up.
The Sub Inspector took his thumb impression forcibly on three papers, but did number tell him the reason.
The Courts below rightly did number accept his version.
The evidence led by the prosecution companysisted of the evidence relating to motive, to his extrajudicial companyfession to one Ujagar Singh when he was having a bath in the Canal, to his purchasing the sword and to his delivering it at the police Station after he had dictated the report.
The High Court, however, did number rely on this extra judicial companyfession.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal 89 of 1961.
The Judgment of the Court was delivered by RAGUHBAR DAYAL, J. Ram Singh appeals, by special leave, against the order of the Allahabad High Court dismissing his appeal and companyfirming his companyviction and sentence of death, under s. 302, I.P.C., by the Session Judge, Etawah.
He did accordingly.
Paley Singh, P.W. 2, and Baij Nath P.W. 4, depose about the dispute during the game of cards played on June 12, 1960.
| 0 | train | 1961_172.txt |
Principally the High Court relied upon a sale deed dated July 11, 1951 Ex. 21 where under the Co operative Society itself had purchased a part of this land at a price calculated at the rate of Rs.
2/12/ per sq. yd for enhancing the rate of companypensation.
Other sale deeds at Exs. 1, 2, 3, 4, 5 and 6 under which the prices varying from Rs.
5/ per sq. to Rs.
2/12/ per sq.
at which land under Ex. 21 was purchased by the Society itself.
Counsel for the Stale companytended that the other sale deeds had been rejected on the ground that they pertained to companyparatively smaller areas of land but the same reason was applicable to Ex. 21 also, for Ex. 21 also related to a smaller area.
Secondly, companynsel companytended that Ex. 21 was of a date three years later than the relevant date of the Notification under Section 4.
A and Ex. B under which the Housing Society had purchased land from one Khan Bahadur Sheikh Wahiduddin and his tenants and the rate of Re.
1/ /6 per sq.
at which the land under these two documents had been purchased ought to have been accepted by the High Court.
It is true that the sale deed Ex. 21 upon which the High Court has relied is of a date three years later than the Notification under Section 4 but numbermaterial was produced before the Court to suggest that there was any fluctuation in the market rate at Meerut from 1948 onwards tiir.
When the matter was carried in appeal to the High Court by the claimants, the High Court enhanced the rate of companypensation from Rs.
2/12 per sq. were also relied upon by the claimants but the High Court rejected the other sale deeds as affording proper guidance and accepted the rate of Rs.
As against Ex. 21, on which the High Court has relied, companynsel for the State urged before us that there were two companypromise documents of the year 1949 Ex.
| 0 | train | 1982_187.txt |
This companytempt petition is filed by the petitioner inter alia requesting this Court to initiate companytempt proceedings against the respondent No. 25 of 2008, dated 04.01.2008.
The High Court while disposing of the writ petition filed by the petitioner herein had issued certain directions to the Union of India and its officer to re designate the petitioner from the rank of Hawaldar Radio Mechanic to Warrant Officer as recommended by the Ministry of Home affairs and also to extend the pay scales as given to the rank companynter parts in the Central Reserve Police Force CRPF and Border Security Force BSF .
No. 497 of 2001, dated 11.02.2005.
The alleged companytemnors herein Mr. R.K. Singh, Secretary, Government of India and Lt. General Ranvir Singh, Director General of Assam, Rifles were the respondent
Being aggrieved by the order and directions issued by the High Court, the Union of India and Anr.
1 and 2 for alleged disobedience of the judgment and order passed by this Court in Civil Appeal through their respective officer s had filed Civil Appeal No. 25 of 2008 before this Court inter alia questioning the judgment and order passed by the Gauhati High Court in Writ Petition 1 and 2, respectively in the aforesaid appeal.
| 0 | train | 1947_394.txt |
The second respondent filed a revision application against that order in the Sessions Court, Bhandara.
The reference was accepted by a learned Single Judge of the High Court of Bombay, Nagpur Bench, who directed the appellant to pay a sum of Rs. 50 per mensem to the second respondent by way of maintenance.
As the second respondent was justified in refusing to live with the appellant, the latter was under a legal obligation to maintain her.
As he has neglected to maintain her, the High Court was justified in passing the order under appeal.
| 0 | train | 1974_154.txt |
c. bhandare and miss a. subhashini for the appellant.
the creditors filed an insolvency petition but the petition was ultimately dismissed because it was held that the firm had numbermeans to discharge the debts.
in fact v. s. rao applied on may 8 1966 for a certificate of registration to the sales tax department of the state and was given the same.
b. v. s. rao who was a minumber had applied for the certificate through his guardian bala seshaiah.
ram reddy and p. p. rao for the respondent.
itikala kollayya and his brother in law kovvuru narasimhaiah companystituted partnership firm dealing in foodgrains.
the firm carried on the business in the name and style of kovvuru narasimhaiah and ktikala kollayya.
the firm appears to have been in serious financial difficulties and incurred debts to the tune of about rs. 70000/ .
subsequently the business was started in the name of b. v. s. rao son of bala seshaiah.
after the death of itikala kollayya his son bala seshaiah and his son v. s. rao carried on joint hindu family business.
thereafter the sales tax department companytinued to make assessments in the name of b. v. s. rao.
civil appellate jurisdiction civil appeal number 1148 of 1975.
appeal by special leave from the judgment and order dated the 2 12 1974 of the andhra pradesh high companyrt in writ petition number 2250 of 1973.
the judgment of the companyrt was delivered by fazal ali j. this is an appeal special leave against the judgment of the andhra pradesh high companyrt dated december 2 1974 and arises under the following circumstances.
the firm however stood dissolved in 1963.
thus for the years 1966 67 1967 68 and 1968 69 the provisional assessments were made in the name of b. v. s. rao the minumber.
the petitioners moved the high companyrt for granting certificate of fitness for leave to appeal to this companyrt which having been refused they obtained special leave from this companyrt and hence this appeal.
| 1 | dev | 1976_50.txt |
september 11.
there are two such factories in the state of bihar one at khelari and the other at a place called jhinkpani in the district of chaibasa in bihar.
then by a subsequent letter dated february 18 1955 the general secretary of the union gave a numberice to the manager of the chaibasa cement works to the effect that the union proposed to organise a general stay in strike in the limestone quarry from march 1 1955 if certain demands details whereof are unnecessary for our purpose were number granted on or before february 281955.
on february 24 1955 the management gave a numberice to all employees of the chaibasa cement works in which it was stated that in the event of the strike materialising in the limestone quarry it would be necessary for the management to close down certain sections of the factory at jhinkpani on account of the number supply of limestone the numberice further stated that in the event of such closure it would be necessary to lay off the workers number required during the period of closure for the sections companycerned.
on march 28 1955 the management gave the lists of employees who were to be laid off with effect from april 1 1955 and they were actually laid off from that date.
during the period of the strike fresh efforts at companyciliation were made and ultimately the strike came to an end on july 5 1955 when the central government referred the dispute between the management and the workers of the limestone quarry to the central industrial tribunal at dhanbad.
this gave rise to an industrial dispute which was referred by the government of bihar under s. 10 of the act to the industrial tribunal bihar.
j. kolah s. n. andley and rameshwar nath for the appellants.
c. ghose and p. k. chatterjee for the respondents.
iii of s. 25e has companye up for an authoritative interpretation.
the facts are simple and are shortly set out below.
the associated cement companypanies limited hereinafter called the company have a number of cement factories in different states of the indian union as also in pakistan.
the latter factory is companymonly knumbern as the chaibasa cement works.
there is a limestone quarry owned by the same companypany situate about a mile and a half from the chaibasa cement works the quarry being knumbern as the rajanka limestone quarry.
limestone is the principal raw material for the manufacture of cement and the chaibasa cement works depended exclusively for the supply of limestone on the said quarry.
there was one union knumbern as the chaibasa cement workers union hereinafter called the union of which the companypanys labourers both at the cement works and the quarry were members.
there was anumberher union companysisting of the companytractors labourers which was knumbern as the a. c. limestone companytractors mazdoor union.
a similar numberice was also given on behalf of the a.c.c.
limestone companytractors mazdoor union.
these numberices led to certain efforts at conciliation which however failed.
this demand was refused by the management.
he said that the limestone quarry was treated as a part and parcel of the chaibasa cement works that is as a department thereof and he as the manager was in overall charge of both though there was a quarry manager in charge as a departmental head under him.
on this point mr. dongray said there is a manager appointed for the quarries.
the manager is working under me.
the cement works itself has about eight or nine departments under it.
there are heads of each department.
the manager of the quarry has the same status as the heads of other departments at the cement works.
dongray explained that the numbermal number of departmental workers in the quarry before the strike was in the neighbourhood of 250 but there were about 1000 workers employed by companytractors.
the number of daily rated workers was in the neighbourhood of 950 and the total monthly paid staff varied from 100 to 105.
the wages paid to the workers in the quarry were debited to limestone account of the cement works and in the matter of companyting the amount spent on limestone was also debited.
civil appellate jurisdiction civil appeal number 87 of 1958.
appeal by special leave from the award dated october 10 1956 of the industrial tribunal bihar patna in reference number 6 of 1956.
the judgment of the companyrt was delivered by k. das j. this appeal by special leave from an award dated october 10 1956 made by the industrial tribunal bihar raises an important question of interpretation in the matter of a disqualification for lay off companypensation under s. 25e read with s. 25c of the industrial disputes act 1947 hereinafter called the act and so far as we knumber this is the first case of its kind in which the expression in anumberher part of the establishment occurring in cl.
at the time relevant to this appeal there were two classes of labourers at the quarry those employed by the companypany through the management of the chaibasa cement works and others who were engaged by a contractor.
on january 3 1955 the union made certain demands on the management on behalf of the labourers in the limestone quarry but these were rejected by the management.
the strike companymenced on march 1 1955 and lasted till july 4 1955.
on march 25 1955 the management wrote to the general secretary of the union intimating to him that the workers in certain departments referred to in an earlier letter dated march 19 1955 would be laid off with effect from april 1 1955.
| 1 | test | 1959_155.txt |
Appellant Sukhchain Singh is sentenced to undergo rigorous imprisonment for three years under the two companynts while appellant Jarnail Singh was sentenced to rigorous imprisonment for four years on the first companynt and three years on the second companynt.
Appellant Hakim Singh has been sentenced to rigorous imprisonment for five years on the first companynt and three years under second companynt.
Revathy Raghavan, Advocate who was appointed as amicus curiae for the appellants and Shri Sushil Kumar Jain, Standing Counsel for the State of Rajasthan at length.
The three appellants were tried by the Designated Court at Ajmer for offence under TADA and after a long drawn out trial companyvicted them under Section 3 3 and also under Section 4 1 of TADA.
The Fourth accused Mit Singh was found number guilty of any offence and was acquitted.
PW 16 Ram Pal, Station House Officer arrested the three appellants on 29.5.1987.
On the strength of the information elicited from them companyies of the wall posters were recovered from the places shown by them.
They were charge sheeted for the aforesaid offences on companypletion of the investigation.
The prosecution examined 16 witnesses out of which a number of witnesses turned hostile.
The defence also examined a number of witnesses.
The appellants denied having participated in the activities alleged by the prosecution, when they were examined under Section 313 of the CrPC.
The Judge of the Designated Court, by a very lengthy judgment entered upon findings against the appellants on the disputed points and companyvicted them and sentenced them as aforesaid.
We heard Smt.
It is admitted by the prosecution that numbere of the appellants was in possession of any weapon, much less any lethal weapon, specified in Section 3 1 of TADA.
All the articles which the appellants were alleged to have possessed were wall posters and the other materials needed for pasting them on the walls.
The gist of the case against the appellants is the following They together pasted wall poster on the night of 19.5.1987 on the wall of one Jugraj Singhs companypound in Village Dhanor Ganganagar District, Rajasthan .
| 1 | train | 1999_599.txt |
We were number happy at the disposal by the High Court of a case under s. 302 I.P.C. without a speaking order.
Pramod Swarup for the Petitioner.
C. Bhandare and M. N. Shroff for the Respondent.
CRIMINAL APPELLATE JURISDICTION Special Leave Petition Crl. 1620 of 1980.
From the Judgment and order dated 13 11 1979 of the Bombay High Court in Criminal Appeal No 1310 of 1979.
The order of the Court was delivered by KRISHNA IYER J.
| 0 | train | 1980_456.txt |
Appeal under article 132 1 of the Constitution of India from the Judgment and Order dated the 10th September, 1953, of the High Court of Judicature at Nagpur in Miscellaneous Petition No. 123 of 1953.
C. Setalvad, Attorney General for India P. P. Naik and I. N. Shroff, with him for the appellant.
Sen and P. K. Bose for the Intervener State of West Bengal .
Consequent on the war, there was a phenomenal rise in the price of foodstuffs and of other essential companymodities, and among the persons worst hit by it were the Government servants.
These recommendations were accepted by the Government by its Resolution dated 16th September, 1948.
K. Nambiar Rajinder Narain, with him for the respondent.
But this scheme was found to be unsuitable for employees of the Central Government, as the allowances granted by the Provincial Governments were number uniform.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 2 of 1954.
As a measure of relief to them, the Central and the Provincial Governments sanctioned a grant of grain allowances to them under various Resolutions passed in 1940.
| 1 | train | 1954_157.txt |
Thus this appeal by special leave.
1 The parties or their pleaders shall produce, at or before the settlement of issues, all the documentary evidence of every description in their possession or power, on which they intend to rely, and which has number already been filed in Court, and all documents which the Court has ordered to be produced.
The office report and also the affidavit of dasti service would prove that Respondents 1, 3 and 4 have been served by usual mode and Respondents 3, 5, 6 and 7 refused to receive numberice even by dasti.
Under these circumstances, the service in the SLP is companyplete.
The appellants are the first party in the reference proceedings under Section 30 of the Land Acquisition Act which relates to an extent of acre sic 33.09 gunthas of land in Chintagattu village, Warangal District, Andhra Pradesh, acquired due to submersion of Pochampadu Project.
After determination of companypensation, since the appellants claimed 1/4th share therein and was objected to by the 2nd party respondents, the Collector made a reference under Section 30 and it is number pending decision therein.
The title of the appellants to claim companypensation is based on the entries in the record of rights, revenue records to show pre existing title.
The documents were sought to be produced by at application for companydonation of delay in their production under Order 13 Rule 12 sic of CPC.
Order 13, Rule 1 provides thus Documentary evidence to be produced at or before the settlement of issues.
When case was called, numberone appeared for them, number did they appear in person.
They sought to prove it by filing companyies of family holdings, Khasra Pahnin and Pahani Patrikas for the year 1954 55 and Certified Copy of Pahani from MRO, Hasanparthy of S. Nos. 22/A, 48, 55, 56, 57/C, 58/B, 58/C for the years 1959 60 to 1969 70 and other documents.
On revision, the High Court dismissed the CRP No. 2805 of 1992 by order dated July 5, 1993.
| 1 | train | 1994_11.txt |
They were of the Sunga period 2nd Century B.C. and their present estimated value in the International Art Treasures Market is said to be around five hundred thousand American dollars.
On companypletion of investigation a charge sheet was filed on 3rd October 1967 in the Court of the Ilaqa Magistrate at Karnal, against one Bali Ram Sharma and two others.
During the pendency of the case one Narinder Nath Malik N. N. Malik filed an application before the Magistrate alleging that he was a research scholar and requesting that he might be given custody of the two pillars to enable him to make a detailed study.
The pillars remained in the custody of N. N. Malik from Ist March 1968 to 27th May 1968, when N. N. Malik purported to return them to the Court of the Ilaqa Magistrate, Karnal.
After companypleting the investigation the C.B.I. filed a charge sheet No.
On 17th April, 1977, the Public Prosecutor filed an application under Section 494 Criminal Procedure Code for permission to withdraw the case against Malik and Mehra.
It may be mentioned here, that of the three Narang brothers, Om Prakash alias Omi Narang had been living in London since 1970, Manohar Lal alias Manu Narang had been similarly living in London since July 1974 and Ram Lal Narang alone had been living in India.
The application was supported by the reply filed by the Superintendent of Police, C.B.I. On 3rd July 1976, the Chief Metropolitan Magistrate, Delhi, granted pardon to N. N. Malik.
323 and 322/77 and Criminal Misc.
Ram Jethmalani In Crl.
A.373 , A. K. Sen In Crl.
A.374 and Harjinder Singh for the Appellants.
R. Lalit and R. N. Sachthey for the Respondent.
3 119 SCI/79 At the instance of H. L. Mehra, the then Chief Judicial Magistrate, Karnal and a friend of N. N. Malik, the learned Ilaqa Magistrate gave custody of the two pillars to N. N. Malik on his executing a personal bond in a sum of Rs. 20,000/ .
The order was written by H. L. Mehra himself and signed by the Ilaqa Magistrate.
After the acquittal of Bali Ram Sharma and others, the pillars were handed over to the Lambardar of village Amin.
Later, it came to light that the pillars returned by N. N. Malik were number the original pillars but fakes.
Thereupon, First Information Report No. RC.2/71 CIA SPE CBI was registered at Delhi against N. N. Malik and H. L. Mehra under Section 120 B read with Sections 406 and 420 Indian Penal Code.
R.C. 2 of 1971 in the Court of Special Magistrate, Ambala, against N. N. Malik and H. L. Mehra for alleged offences under Section 120 B read with Sections 406 and 420 Indian Penal Code.
But, numbercharges were actually framed as the accused were number present in the Court.
The two genuine pillars which had been removed from Suraj Kund temple were traced and found in London in the warehouse of Messrs Spink Co. It was suspected that Manoharlal Narang and Ramlal Narang had engaged Balkishan Rawal and Nathubhai Rawal of Delhi to make three sets of fakes and had exported the genuine pillars to London.
A First Information Report R.C. 4/76 CIU A SPE was registered by the Superintendent of Police, CIU Antiquities, SPE CBI, New Delhi against Manohar Lal Narang and others, for alleged offences under Section 120 B Indian Penal Code read with Section 411 Indian Penal Code and Section 25 1 of the Antiquities and Art Treasures Act, 1972, On 26th June, 1976, N. Malik made and application before the Chief Metropolitan Magistrate, Delhi, in case R.C. No. 4/76 CIU A SPE, New Delhi, purporting to be under Section 306 of the Code of Criminal Procedure, 1973, praying that he might be granted pardon.
The application mentioned Sections 411, 406 and 420 Indian Penal Code read with Section 120 B and Section 25 1 of the Antiquities and Art Treasures Act, 1972, as the offences involved.
Before the grant of pardon the companyfessional statement of N. N. Malik was got recorded by the Metropolitan Magistrate, Delhi.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
373 374 of 1978.
Appeals by Special Leave from the Judgment and Orders dated 10 1 1978 and 14 9 1978 of the Delhi High Court in Criminal Misc.
1083, 1149 of 1978 in Special Misc.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. On the intervening night of 31st March 1967 and Ist April 1967, two sandstone pillars of great antiquity, beauty and value were stolen from Suraj Kund temple, in Village Amin District Karnal, Haryana .
A first information report F.I.R. No. 72 of 1967 was registered by the Police of Butana, District Karnal.
The pillars were recovered on 2nd May 1967.
The case ended in their acquittal on 16th July 1968.
The charge sheet was filed on 30th December, 1972.
On 17th May, 1976, the learned Special Magistrate, Ambala, passed an order directing the framing of charges against N. N. Malik and H. L. Mehra.
Between May 1976 and May 1977 several other things happened and the Narang brothers, the appellants in the two appeals, made their appearance on the scene.
Ram Lal Narang was detained first under the MISA from September 1974 till he was released under orders of the High Court, and later, under the COFEPOSA from 1st July 1975 till after the revocation of the internal Emergency in March 1977.
The case was transferred to the Court of the Additional Chief Metropolitan Magistrate.
Omi Narang and Manu Narang were finally extradited and brought to India on 27th July, 1977.
| 0 | train | 1979_0.txt |
Heard learned Counsel for the parties.
Two appellants who have been companyvicted one Ashok Kumar was a boy of 17 years and the other Gulshan was a boy of 19 years at the time of the incident.
So far as Ashok Kumar is companycerned, he is alleged to have inflicted one blow with sharp edged weapon and it is alleged that the deceased died after six days of the injury.
It is a penetrating wound according to the medical report.
It also appears that the person Darshan Singh with whom there was trade rivalry, present and has been acquitted by the High Court.
It also appears that there were some other injuries and admittedly they were neither fatal number serious.
about ten years back.
In the light of these circumstances and also the fact that these appellants were released on bail by orders of this Court in August.
| 1 | train | 1988_115.txt |
Narasaraju, Advocate General for the State of Andhra Pradesh., T. V. R. Tatachari, D. Venkatappayya Sastri and T. M. Sen, for the respondent.
October 18.
133 of the Constitution granted by the High Court of Andhra Pradesh raises for companysideration principally the question whether hardened or hydrogenated groundnut oil companymonly called Vanaspati is groundnut oil within the meaning of Rule 18 2 of the Madras General Sales Tax Turnover and Assess ment Rules, 1939.
Tungabhadra Industries Ltd. the appellant in this appeal has a factory of companysiderable size at Kurnool in the State of Andhra Pradesh.
The companypany purchases groundnuts and groundnut kernels within the State and manufactures groundnut oil and also refined oil as well as hydrogenated oil all of which it sells.
Of these, those relevant to the present companytext are Rules 4 5.
V. Viswanatha Sastri, M. Ranganatha Sastri and M. S. K. Sastri, for the appellants.
Section 3 of the Madras General Sales Tax Act, 1939, enacts 3.
1 Subject to the provisions of this Act, a every dealer shall pay for each year a tax on his total turnover for such year and b the tax shall be calculated at the rate of three pies for every rupee in such turnover.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 498 of 1958.
Appeal from the judgment and order dated February 11, 1955, of the Andhra Pradesh High Court in T. R. C. No. 120 of 1953 arising out of the judgment and order dated December 29, 1952, of the Sales Tax Tribunal, Madras, in Tribunal Appeal No. 857 of 1951.
The Judgment of the Court was delivered by AYYANGAR J. This appeal on a certificate under Art.
The appeal is companycerned with the assessment to salestax of this companypany for the year 1949 50.
Rules were made by virtue inter alia of these provisions entitled The Madras General Sales Tax Turnover and Assessment Rules, 1939 .
| 1 | train | 1960_162.txt |
Hence this appeal by special leave.
To that end applications were filed on their behalf by the appellant.
The application purporting to be on behalf of Rattan Singh a real claimant was signed by the appellant as his companynsel.
On the application purporting to be on behalf of Nand Lal another real claimant the appellant verified I personally know Nand Lal s o Gopal.
On October 24, 1964, Shri D.R. Dhameja directed that payment should be made to the applicants who were the accused .
On November 17, 1964, the real Rattan Singh appeared before Shri D.R. Dhameja and claimed payment of the amount due to him.
Jhumman Singh, however, was able to cash the voucher drawn in the name of Singh Raj.
The appellant also cashed the voucher for the amount payable to Rattan Singh.
N. Dwivedi.
J. The appellant, Hira Lal Jain, is an Advocate.
Along with Jhumman Singh, Mst.
Shanti, Dina Nath, Mst.
Ram Wati and Mst.
Chameli, he has been companymitted to the Court of Session for trial for the offences under Section 120B read with Sections 419, 420, 511 and Section 467 read with Section 471 I.P.C. He applied to the High Court of Delhi for quashing the companymitment order against him.
The Land Acquisition Collector made a reference under Sections 30 and 31 of the said Act, The reference was number ed 96 of 1964 in the Court of the Additional District and Sessions Judge Delhi, Shri D.R. Dhameja.
Along with the reference the Land Acquisition Collector also sent a cheque for the amount of companypensation settled by him to the Court of the Additional District and Sessions Judge.
The said companyrt directed payment of Rs.
4726.70 to each of the following persons 1 Rattan Singh s o Gopal 2 Nand Lal s o Gopal 3 Singh Raj s o Gopal 4 Mst.
Kala wati d o Gopal 5 Mst.
Chameli, d o Gopal and 6 Smt.
Kadmi widow of Gopal.
The total amount to be distributed among them was Rs.
28360.20 p. He has signed in my presence.
In case of wrong payment, I shall be responsible to refund the amount.
The verification was signed by him.
Thereafter vouchers were prepared.
One of the vouchers was prepared in the name of the appellant, for, earlier he had made an application on behalf of Rattan Singh praying that the vouchers should be drawn in his name.
His application brought to light the alleged criminal companyspiracy of the accused.
Thereupon payment was stopped and four of the vouchers companyld number be cashed.
The prosecution case is this A certain piece of land situate in village Tehkhand Delhi was acquired under the Land Acquisition Act.
The High Court dismissed his revision.
In July 1964 the aforesaid accused entered into a criminal companyspiracy to obtain payment of the aforesaid amount by fraud, forgery and impersonation.
The treasury vouchers were prepared in the names of the accused on November 7, 1964.
| 1 | train | 1972_387.txt |
Raju Bhaskar Potphode hereinafter referred to as the accused .
Accusations which led to the trial of the accused was that he had on 7.2.1993 at about 4.30 p.m. companymitted the murder of one Sunil Gore hereinafter referred to as the deceased by stabbing with a knife.
An offence was registered against the accused at CR No.47 of 1993 at Jogeshwari Police Station on the basis of the FIR.
Stand of the State on the other hand was that PW 2 was a close relative of the deceased and there is numberreason as to why he will falsely implicate the accused.
Learned companynsel for the appellant State submitted that there is numberreason for PW 2 to falsely implicate the accused.
His presence was but natural and the aspects highlighted by the High Court about the credibility of the evidence of PW 2 are number founded on any rational basis.
Dr. ARIJIT PASAYAT P.P. NAOLEKAR J U D G M E In the said companypetition boys of Majaswadi locality 44 boys including the first informant Ravindranath Damle, PW 1 , Uday Gore PW 2 , Arun Raghunath Paranjape PW 3 , Santosh Lad Pw 4 , Girish Modak, had participated.
At about 9.00 a.m. after drawing of the lots, as regards which player was to play with whom, the companypetition started.
Vijay Potphode the brother of the respondent, and one Mr. Troy had allegedly taken part in the said companypetition.
At about 4 p.m., out of 44 companypetitors, 6 participants emerged out as winners and as a further step Vijay and Troy were to play with each other.
As both belong to one and the same club, they refused to play against each other and requested for a change of draw.
Deceased Sunil Gore who was responsible for the draw, however, was number ready and willing to change the draw.
Deceased Sunil Gore asked Vijay to withdraw from the companypetition and to take back subscription if he did number want to play against Troy.
This led to exchange of hot words.
The said altercation was allegedly being witnessed by the respondent who intervened and started taking the side of his brother Vijay.
The members of the Sai Krupa Cricket Club intervened in the said altercation and pacified the situation and asked the respondent to leave the playground.
It is further alleged that the respondent left and returned back with a knife and stabbed Sunil Gore on his abdomen.
Due to this, Sunil Gore received stab injuries and companylapsed on the ground.
The respondent allegedly threatened all number to companye near him and ran away with the knife.
Sunil Gore was removed to Cooper Hospital, however, he was declared dead before admission.
Shri Sharma PW 12 took up the investigation.
He visited the hospital.
He held the inquest on the dead body and a panchanama to that effect was drawn at Exhibit 11.
The dead body was sent for post mortem examination.
He visited the spot and drew the panchanama of the scene of offence at Exhibit 10 in presence of two panchas.
After recording the panchanama of the scene of offence, the investigating officer recorded statements of witnesses.
He was brought to the police station.
His clothes were attached under the seizure panchanama at Exhibit 34 in presence of the two panchas, viz.
George Anthony DSouze PW 8 and Pradeep Shankar Hazale PW 9 .
There were blood stains on the clothes of the accused.
Clothes were packed, labelled and sealed under the signatures of panchas.
The accused was interrogated in presence of the panchas.
His statement was recorded at Exhibit 16.
N T Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment rendered by a Division Bench of the Bombay High Court directing acquittal of respondent Accused was found guilty of the offence punishable under Sections 302 of the Indian Penal Code, 1860 in short the IPC and sentenced to undergo imprisonment for life by learned Additional Sessions Judge, Greater Bombay, in Sessions Case No.355 of 1993.
Prosecution case in a nutshell is as follow On 7th February, 1993, the Sai Krupa Cricket Club had organized Single Wicket Cricket Competition on an open playground near Sai Mandir, Samarth Nagar, Majaswadi, Jogeshwari E .
At about 5.25 p.m. on 7th February 1993 the first informant Ravindranath PW 1 went to Jogeshwari Police Station and lodged the FIR which was reduced into writing vide Exhibit 6 by Uday Bhanu Sharma PW 12 .
On 8th February, 1993 accused Raju Bhaskar Potphode was arrested from his residence.
On 11th February 1993 the accused made a statement that he would show the knife.
In order to establish the accusations 12 witnesses were examined.
Accused respondent preferred an appeal before the High Court.
However, it found that evidence of PW 2 to be unreliable and number worthy of credence and accordingly directed the acquittal.
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No. 1296/2002 has been filed by A 4 Asfaq and Criminal Appeal arising out of SLP Crl.
1676/2003 has been filed by No. 274/96 on the file of the Additional Sessions Judge, Shahdara.
Aggrieved A 3 Haroon filed Crl.
A 4 Asfaq filed Crl.
Appeal 293/1998 and A 1 Ikrar filed Crl. A.
Raj Rani , the accused persons entered their house and when PW 3 Bal Kishan came out of the room and was told by one of the four persons that they were sent by one Mahabir Thekedar for white washing of their house, PW 3 Bal Kishan was said to have told one of them that he only had already white washed the house and enquired about the need for it again.
As the companyversation was said to be going on like that the accused closed the door and one of the boys took out a companyntry made pistol and other took out their knives and by using such threat with such weapons they pushed PW 3 Bal Kishan and PW 10 Smt.
Raj Rani inside and demanded the keys of the almirah.
PW 10 Smt.
Raj Rani the wife seems to have told them that the keys were with her daughter who resides at a different place.
But she was number believed and they started searching all around inside for the keys and as this was in progress, PW 2 one of the relatives also arrived there.
At that point of time one of the boys opened the door and brought the new companyner also inside and ordered them all to hand over their belongings which included a sum Rs. 1400 and Rs. 200 from Manoj Kumar PW 2.
When the search was being made by them one of the accused asked for the sten gun and in the process they were able to lay their hands on the sten gun belonging to the father of PW 3 Bal Kishan .
Thereupon, the sten gun with the magazine and cartridges were also taken away by the after bolting the door outside.
On an alarm raised by the inmates, it appears the neighbours came and opened the door.
It appears the accused also removed the gold chain in the temple which was also said to be missing.
Thereafter Police report was said to have been lodged and on companypletion of investigation during which the sten gun, magazine and cartridges were said to have been recovered, charges were laid against the accused as numbericed above.
A 2 Shahid , absconded and was also declared as Proclaimed offender, after following procedure under Sections 82 83 of the Cr.
P.C. The accused denied the charges and thereupon the trial was company ducted.
Apart from the prosecution witnesses examined and the exhibits marked one Shahid Raza was examined as Defence witness.
After companysid ering the materials on record, the learned trial Judge came to the companyclusion that the charges against the accused stood sufficiently proved and estab lished and companyvicted them under Sections 452, 392 and 397 read with Section 34 IPC.
A 3 Haroon was further companyvicted under Section 25 of the Arms Act. 5000 each was imposed for the offence under Section 397 IPC and in default one year RI was also imposed.
3000 was imposed with a default clause therefor.
All the sentences were ordered to run companycurrently with further benefits under Section 428 Cr.
P.C. 155/1998 before the High Court.
The learned Single Judge in the High Court companysidered the materials on record by undertaking an independent appreciation of the evidence let in and ultimately affirmed the companyviction and sentence imposed, as well.
Hence, these appeals.
A 3 Haroon was also charged for an offence under section 25 of the Arms Act.
So far as A 3 Haroon is companycerned, he was sentenced in addition to undergo 2 years RI for the offence under section 25 of the Arms Act.
Criminal appeal A 3 Haroon who stood charged along with two others in Sessions Case The sum and substance of the prosecution case was that on 9.11.1991 at about 7.15 p.m. when PW 3 Bal Kishan was witnessing a TV programme in the inner room of his house in the companypany of his wife, PW 10 Smt.
A further sentence of three years I. with a fine of Rs. 2000 each under section 452 IPC also was imposed with a default clause therefor.
Appeal No. 225/1998.
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N. Ray, J. This is an appeal by special leave from the judgment dated 26 May, 1970 of the High Court of Punjab and Haryana companyvicting the appellant Under Section 302 of the Indian Penal Code on two companynts and Under Section 307 of the Indian Penal Code and companyfirming the sentence of death passed on the appellant by the Sessions Court.
The Sessions Court companyvicted the appellant.
First, that the cartridges which were recovered from the spot were number fired from the rifle which was recovered from the possession of the appellant.
Secondly, that the number of magazine in the report of the forensic expert was number to be found in the rifle recovered from the possession of the appellant.
The recovery of rifle from the possession of the appellant was spoken to by Gurdial Singh, P.W. 6.
He went to the police station for securing his gun licence.
In his presence the Assistant Sub Inspector interrogated the appellant then disclosed that he had kept companycealed a rifle under a heap lying in his house.
The prosecution witness stated that the appellant was taken to the village Ranivilla.
Mangal Singhs son saw the appellant armed with a rifle, and the other accused armed with weapons and arms.
The appellant and Mota Singh went to the roof of Baghail Singh.
Charansingh, Mangalsingh, Mohindersingh, Butasingh and Gurdial Singh requested the appellant number to be aggressive.
The appellant fired which hit Charan singh, The appellant fired again and hit Butasingh, The appellant fired yet another shot that hit Mangal Singh.
That is the rifle received from the appellant.
There were seven accused.
All of them were tried for the murderous assault on Charan Singh.
The Sessions Court acquitted five accused and one of the accused had died previous thereto.
The rifle was recovered from under the heap at the appellants house.
Five live cartridges were also recovered along with the rifle.
The other material evidence was that of Kartar singh.
P.W. 7.
He said that two empty cartridges, one live cartridge and one missed cartridge were taken into possession from the roof of the house of accused Baghailsingh.
On the Baisakhi day 13 April, 1969, Mangal singh deceased, his brother Buta Singh deceased, his son Gharansingh, his wife Basant Kaur and others were present at his house.
Some of those present there returned from Chola Sahib where they had gone to see the Baisakhi fair.
In the twilight they heard some shouts and abuses.
Accused Hardial Singh and Baghail Singh were standing on the roof of verandah which adjoined the house of Mangal Singh.
Buta Singh and Mangalsingh died and Charansing was badly injured.
The Sub Inspector of Police who prepared the inquest report took into possession blood stained earth from the spot and from the roof of Baghail Singhs house he picked up two empty cartridges one missed cartridge and one live cartridge.
The cartridges were sent to the Forensic Science Laboratory.
There is the evidence of Dr. J.K. Sinha and his report is marked Exhibit P. 21.
One of the sealed parcels companytained one 303 bore rifle marked A by him.
Dr. Sinha said that the fired cartridges were fired through the rifle marked A and companyld number have been fired from any other rifle even of the same make and bore because every firing pin has its own individuality.
He took photomicrograph which showed some of the similar individual characteristics.
Finding that the other accused companyld number enter the house of Mangalsingh as the door was closed, accused Baghail Singh and Harbans Singh shouted to the other accused to companye to the roof.
He said that two sealed parcels were received in the laboratory on 12 May, 1969.
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