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Kuldip Singh, J. Special leave granted.
| 0 | train | 1990_33.txt |
Raghuvir and Ms. A. Subhashini for the Appellant.
A. Ramachandran and Mrs. Janaki Ramachandran for the Respondent.
Prizes were awarded on the basis of overall classification.
The assessee, R. Karthikeyan, assessed as an individual, was having income from various sources including salary and business income.
During the accounting year relevant to the said assessment year, he participated in the All India Highway Motor Rally.
He was awarded the first prize of Rs.
20,000 by the Indian Oil Corporation and another Sum of Rs.
2,000 by the All India Highway Motor Rally.
The Rally was organised jointly by the Automobile Association of Eastern India and the Indian Oil Corporation and was supported by several Regional Automobile Associations as well as Federation of Indian Motor Sports Clubs and the Federation of Indian Automobile Associations.
The rally was restricted to private motorcars, the length of the rally route was approximately 6,956 kms.
One companyld start either from Delhi, Calcutta, Madras or Bombay, proceed anti clock wise and arrive at the starting point.
The rally was designed to test endurance driving and the reliability of the automobiles.
One had to drive his vehicle observing the traffic regulations at different places as also the regulations prescribed by the Rally Committee.
The method of ascertaining the first prize was based on a system of penalty points for various violations.
The companypetitor with the least penalty points was adjudged the first prize winner.
The Income Tax Officer included the same in the income of the respon dent assessee relying upon the definition of income in clause 24 of section 2.
On appeal, the Appellate Assistant Commissioner held that inasmuch as the rally was number a race, the amount received cannot be treated as income within the meaning of section 2 24 ix .
It was predominantly a test of skill and endurance as well as of reliability of the vehicle.
That the rally was also number a game within the meaning of section 2 24 ix .
The rally was number a race.
In other words the said receipt does number represent winnings.
The question referred under section 256 1 of the Income tax Act reads as follows Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the total sum of Rs. 22.000 received by the assessee from the Indian Oil Corporation and All India Highway Motor Rally should number be brought to tax?
CIVIL APPELLATE JURISDICTION Civil Appeal No. 3908 NT / 1983.
From the Judgment and Order dated 20.11.1979 of the Madras High Court in Tax Case No. 330 of 1976.
The Judgment of the Court was delivered by P. JEEVAN REDDY, J. This appeal is preferred against the Judgment of the Madras High Court answering the question referred to it in the affirmative i.e., in favour of the assessee and against the Revenue.
The assessment year companycerned is 1974 75.
An appeal preferred by the Revenue was dismissed by the Tribunal.
| 1 | train | 1993_940.txt |
The following Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. This petition for leave to appeal under Article 136 of the Constitution is directed against the Judgment and order of the Division Bench of the High Court of Bombay, dated September 16, 1987.
The respondents asserted that the Corporation had agreed to verify this.
The Corporation threatened to cut off the respondents water supply.
The respondents filed a writ petition in the High Court of Bombay to restrain the Corporation from doing so.
P. Bhatt and D.N. Mishra for the Petitioner.
Shri Narain and Mrs. M. Karanjawala for the Respondents.
The respondents went up in appeal before the Division Bench.
CIVIL APPELLATE JURISDICTION Special Leave Petition No. 13154 of 1987.
From the Judgment and order dated 16.9.1987 of the Bombay High Court in Appeal No. 425 of 1981 .
| 0 | train | 1988_110.txt |
They arise out of three petitions made in the Bombay High Court for writs of mandamus under article 266 of the Constitution.
The writs have been granted and the State of Bombay appeals.
No. 147 of 1952, requisitioning the premises of the three respondents.
The State of Bombay companytends that he is a tenant but that is numberlonger of companysequence because of the assurance given by the learned Attorney General that the possession of the petitioners in this case will number be disturbed for any reason arising out of these proceedings.
The facts are these.
The Governor of Bombay, acting through the Assistant Controller of Accommodation, issued orders under section 6 4 a of the Bombay Land Requisition Act, 1948, in Civil Appeals Nos.
The respondents are either the owners or the tenants of the premises requisitioned.
The uncle, who is the first respondent, is the tenant.
The second respondent in his nephew.
He and his family live with the first respondent in the requisitioned premises.
The first and second respondents are the trustees and the third respondents claims to be a licensee living on the premises.
Bose, J. This judgment will govern Civil Appeals Nos.
145 and 146 of 1952 and under section 5 1 in Civil Appeal In Civil Appeal No. 145 of 1952 the respondents are uncle and nephew.
In Civil Appeal No. 146 of 1952 the premises are owned by a trust.
In Civil Appeal No. 147 of 1952 there is only one respondent, a private limited companypany which occupies the requisitioned premises as a tenant for the purposes of its business.
The Act of 1948 would have expired in April, 1950, but its life was extended by Bombay Act II of 1950.
Later, sections 5 and 6 were amended by Bombay Act XXXIX of 1950.
Civil Appeals Nos.
Civil Appeal
| 0 | train | 1954_136.txt |
He later filed a review petition and the order dismissing the S.L.P. was reviewed vide order dated 4.2.1999 and numberice was issued.
On July 29, 1985, PW 7 Ridmal Singh found a dead body in a tank situated within the Jalore Fort area.
The bush shirt, the khaki bag, the receipt books and other articles allegedly used by the deceased were identified by the prosecution witnesses as the articles belonging to the deceased and he finally filed the charge sheet.
The appellant Kanti Lal was arrested by him at Bombay.
The fact of possession of these articles with the appellant only leads to the most probable inference that he was responsible for the death of the deceased, especially when the appellant had numbercase that he had companye to possess these articles for any other reason.
PW 9 Jamuna deposed that she had gone to village Doodsi to purchase some medicines and while she was returning she saw deceased Bheema Ram with appellant Govind Ram and they told her that they were going to Jalore.
He also deposed that on the next day, he saw Bheema Ram standing in front of the shop of appellant Govind Ram.
The evidence adduced by the prosecution would show that the appellants were moving with the deceased Bheema Ram during the relevant period.
Both the accused were found guilty of the offences punishable under Section 302 read with Section 34 and Sections 392 and 201 IPC.
They challenged their companyviction and sentence before the Rajasthan High Court and by the impugned judgment the companyviction and sentence entered against these two accused was companyfirmed by the High Court.
Leave is granted in that matter.
He went to the Jalore Police Station and gave Exh.
P 13 information.
PW 14 Station House Officer immediately visited the spot and prepared Exh.
P 71 site inspection numbere and held inquest over the dead body of the deceased.
Near the place of incident, he found a foot print, which was visible on a kuchha floor, and prepared a mould of the same.
The mouth of the dead body was found gagged with a socks.
PW 35 companyducted the post mortem examination and certified that the death of the deceased was due to asphyxia.
On 27th July, 1985, the deceased had companylected about Rs.20,862.92p from various customers of his employer.
An amount of Rs.10,000/ and a handkerchief which belonged to the deceased Bheema Ram were recovered from the residential house of Govind Ram under Exh.
The shoes worn by Govind Ram were also taken into custody.
Appellant, Kanti Lal, was arrested at Bombay and pursuant to the information furnished by him, a watch, a bush shirt, a money bag, printed receipt books, pieces of a torn bank draft and a knife were recovered from him.
Various photograph of this graffiti were taken and the signatures of the accused were also obtained for companyparison.
The Investigating Officer also companyducted an identification parade in the presence of PW 47, the Asstt.
Collector cum Magistrate First Class, Jalore, and the witnesses who participated in the identification parade, identified both the accused as the persons with whom the deceased Bheema Ram had been found moving.
As against him, the evidence of recovery of various articles allegedly belonging to the deceased, is a strong circumstance to prove his guilt.
A bush shirt and a ball pen belonging to the deceased were recovered at the instance of the appellant, Kanti Lal.
PW 10 Ramesh Kumar identified these articles as belonging to the deceased.
A receipt book and a list of persons from whom the deceased had companylected money pieces of a torn bank draft and a money bag were also recovered at the instance of the appellant, Kanti Lal.
Govind Ram, whose companyviction was companyfirmed by the High Court, moved a Special Leave Petition and the same was dismissed by this Court.
PW 2 Mancha Ram Ghanci identified the dead body to be of his own brother, Bheema Ram, and he revealed that the deceased was an employee of M s Hazarimal Ramesh Kumar, Commission Agents, Sumerpur, and that the deceased used to go to various places to companylect the money due from the customers of the firm.
Appellant, Kanti Lal had numbersatisfactory explanation how he came to be in possession of these articles.
J U DG M E N T With CRIMINAL APPEAL NO.518 OF 2004 Arising out of SLP Crl.
3078/1995 G. BALAKRISHNAN, J. Appellant Kanti Lal in Criminal Appeal No. 1074 of 1997 was tried along with one Govind Ram for the offences punishable under Section 302 read with Section 34 Sections 392, 404 and 201 IPC.
Aggrieved by the judgment of the High Court, the present appeal is filed.
The case against the accused was that they caused the death of one Bheema Ram and robbed him of the money possessed by him.
PW 39 Bhagwat Singh companyducted detailed investigation of the case and his investigation revealed that deceased Bheema Ram had left Sumerpur on July 27, 1985 with a receipt book and a list of persons from whom money was to be companylected in favour of his employer.
He carried a money bag and was expected to return to Sumerpur by July 29, 1985.
Bheema Ram did number return on July, 29, 1985, and the investigation further revealed that during the night intervening 27th and 28th July, 1985, Bheema Ram had stayed with the appellant, Kanti Lal, at his residence situated at village Doodsi, and that in the morning of July 28, 1985 he came to the bus stand accompanied by Kanti Lal.
PW 39 arrested the companyaccused Govind Ram on 2nd August, 1985.
| 0 | train | 2004_1107.txt |
By order dated December 4, 1995, this Court had issued numberice and directed interim stay of the execution of the awards, subject to the companydition that the appellant would pay 50 of the enhanced companypensation.
WITH CIVIL APPEAL NOS.
7617 50 OF 1996 Arising out of SLP C Nos.27604 37 of 1995 O R D E R Leave granted We have heard learned companynsel on both sides .
| 0 | train | 1996_1889.txt |
The appeal filed against the judgment of acquittal was allowed by the High Court vide judgment impugned in this appeal holding the appellant guilty for the companymission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/ In default of payment of fine, the appellant has to undergo further rigorous imprisonment for three years.
On companypletion of the investigation, charge sheet was filed against the accused persons.
The trial companyrt has companymitted also serious error in giving benefit of doubt to the appellant A 1 Allarakha.
On the basis of the evidence, the High Court found that the appellant was the prime accused being responsible for the murder of Abdul Karil Ali Mohmed.
SETHI,J. The appellant was charged for the offences punishable under Sections 302 and 504 read with Section 114 of the Indian Penal Code in Sessions Case No.57 of 1989 and after trial was acquitted by the learned Sessions Judge on 11.9.1990.
He was shifted to the Hospital but he succumbed to the injuries.
Thereafter the statement of Ali Mohmed was recorded in the police station and the FIR registered which was marked as Exhibit 30.
The prosecution examined 10 witnesses.
Ali Mohdmed Husein PW4 , companyplainant, Rajesh Velji PW5 , Shashikant PW6 and Mamudo Abdulla PW9 were cited eye witnesses.
The trial companyrt discarded the testimony of the eye witnesses and acquitted the accused.
It appears that the trial companyrt mainly relied upon the following aspects for acquitting the accused persons That Exh.36, entry No.20/1989 in the police station diary which came to be recorded on the information given by the medical officer of Bhachau Hospital is the first information report under Section 154 of the Code and number the companyplaint FIR lodged by the companyplainant Ali Mohmed at exh.30.
ii That the time of death of the deceased Abdul is number established, hence, prosecution story is doubtful.
iii Identity of the Muddamal articles is doubtful as the witnesses have number been shown such items and have number identified iv Identity of one more witness Manudo is also doubtful and in his place somebody is placed as Manudo in view of the evidence led by the accused persons.
The investigation carried out by the investigating officer Mr.Makwana is number truthful but is shaky and, therefore, it creates cloud of doubt.
vi Statement of some of the witnesses by the police under section 162 are recorded late and, therefore, there was chance for manipulation.
The trial companyrt has companymitted thus serious error of law in placing unnecessary reliance on such insignificant, unsustainable and micro level discrepancies and companytradictions which as such do number affect the main companye of the prosecution story and has failed to rely on the evidence of 3 eye witnesses whose evidence has remained unimpeachable on the main story of the prosecution that it was numbere else but only A 1 Allarakha who did companymit murder of deceased Abdul Karim by giving him successive blows with dhaia in a public place near the tea stall of the deceased and that too for a motive for pecuniary gain.
The facts of the case are that on 27th March, 1989 at about 7.30 p.m., the appellant along with Ramji Khamisa Mansuri went to the Tea Stall of the deceased armed with Dharia.
He inflicted four blows to the deceased with that Dharia, as a result of which deceased Abdul Karim Ali Mohamed sustained serious injuries on head and other portions of his body.
At about 7.45 p.m. a message was received at Police Station Bhachau from the Medical Hospital stating that Abdul Karim Ali Mohamed who has been brought to the Hospital had sustained serious injuries and was being shifted to Bhuj Civil Hospital.
The intimation was recorded as Crime Entry No.20 of 1989 in the Police Station diary.
As Rajesh Velji PW5 did number fully support the case of the prosecution, he was declared hostile.
vii Non cognizable companyplaint lodged by A 1 and produced at exh.33 is number admissible in evidence as it was given to the police officer investigating officer during the companyrse of investigation viii the companytradictions in the evidence of witnesses are also creating doubt on the veracity of the prosecution case.
| 0 | train | 2002_106.txt |
On December 10, 2007, this Court issued numberice limited to the nature of offence.
K. THAKKER, J. Leave granted.
They were armed with deadly weapons like sword, stick, chopper, crackers, etc. and caused injuries to Balan and also to PW 2 Uthaman.
Balan was taken to Medical College Hospital, Kottayam on the same day at about 5.30 p.m. where he was declared dead.
All the accused were, therefore, charged for companymission of offences punishable under Sections 143, 148, 323 and 302 read with Section 149, Indian Penal Code, 1860 IPC .
It also held that accused Nos. 1 4 were liable to be companyvicted under Section 147, IPC.
Similarly, accused Nos. 5 and 6 were liable to be companyvicted under Section 148, IPC.
Accordingly, punishments were imposed on them.
Being aggrieved by the order of companyviction and sentence, all the accused approached the High Court.
The Registry was directed to place the matter for final hearing and accordingly, the matter has been placed before us.
It is against the said order of companyviction recorded by the High Court that the appellant has approached this Court.
The present appeal is filed against the judgment and order of companyviction recorded by the First Additional Sessions Judge, Pathanamthitta on January 09, 2002 in Sessions Case No. 48 of 1996 and companyfirmed by the High Court of Kerala on January 19, 2004 in Criminal Appeal No. 131 of 2002.
The Judicial Magistrate, Ranni companymitted the case under Section 209 of the Code of Criminal Procedure, 1973 since the case was exclusively triable by a Court of Session.
In support of the case, prosecution examined 18 witnesses.
Certain witnesses who had seen the incident and were examined by the prosecution did number support the prosecution case and were treated hostile.
| 1 | train | 2008_2381.txt |
NANAVATI, J. This is an appeal by special leave against the judgment and order passed by the High Court of Rajasthan in Criminal Appeal Nos.
239 was filed by the four companyvicted accused whereas RCA.
388 was filed by the State against the acquittal of the remaining accused and also against the acquittal of Accused Ramphool under Section 302 PIC.
On its basis the F.I.R. Exh.
They were thereafter tried in the Court of Additional Sessions Judge, Bharatpur for the offences punishable under Sections 147, 148, 307 and 302 I.P.C. The State filed an acquittal appeal against the 17 accused who were companypletely acquitted and also against the acquittal of Accused Ramphool under Section 302 I.P.C. Leave to appeal was granted only against some of them but it is number necessary number to refer to that aspect as the acquittal appeal was dismissed by the High Court and that order has become final.
There was absolutely numberreason for the investigating officer at the stage to put incorrect time in the F.I.R. Another fact which appears from the F.I.R. is that it was registered as Crime No. 230 of l981.
The companyplaint which Accused Gopal gave was registered as Crime No.
As stated earlier Mathalli did number fully support the prosecution and was declared a hostile witness.
Relying upon the statement of P.W.3 Bharose that during all those days he was in Bayana and had number gone out, it was submitted by the learned companynsel that the said explanation is false and that Bharosey was falsely put up as an eye witness.
As state earlier name of P.W.3 Bharosey was mentioned in the F.I.R. and therefore, it is number possible to accept the companytention that he was a got up witness.
Since 3 or 4 days before 29.7.81 the accused were threatening to kill members of the family of Babu Sing and his brother P.W.1.
On 29.7.81 at about 6.00 Oclock in the morning while Buddha, son of Harbhajan was returning from hillside with milk all the 21 accused assaulted him and tried to kill him.
Hearing his cries Harbhajan and his brother Babu Singh ran to his rescue.
While they reached near the house of one Amar Singh, the accused who were companying from the opposite side encircled Babu and started beating him.
Accused Hare Sing gave 2 3 blows with his lathing stick on the head of Babu.
Accused Where Sing gave one or two lathing blows on his legs.
Accused Brijendra also gave 3 or 4 lathi blows on the person of Babu.
So Babu fell down an thereafter all the accused except Shrawan and Mohar Singh gave further lathing blows to him.
At that time Accused Shrew and Mohair Sing were saying that Babu Sing should be killed and they would bear the expenses for defending them.
Meanwhile hearing shouts raised by Y, Y Mantilla and P.W.3 Bharosey came there.
Believing that Babu was dead the accused left that place and went to the house of Babu.
Accused Gopal, Benai Singh, Bhanwar and Dharam Singh entered the house and took away the gun and belt of cartridges belonging to Babu.
While his wife protested Accused Gopal and Dharam Singh gave lathi blows and Accused Benai Singh and Bhanwar gave fist blows to her.
Harbhajan took Babu to Bayana Hospital.
By that time his son Buddha was also removed to that hospital.
Harbhajan then went to the house of one Chandra Shekar, got a companyplaint regarding the incident prepared and went with it to the police station.
He reached there at 6.45 A.M. and gave the companyplaint.
P 1 was prepared by P.W.15 S.H.O. Kailash Bhagwati.
The police officer then went tc the hospital and recorded the companyplaint of Buddha Exh.
D 5 with respect to the assault on him.
After companypleting the investigation the police chargesheeted all the 21 accused.
Those accused who had entered the house of Babu and removed his gun and belt of cartridges were also charged for the offences punishable under Sections 454 and 380 I.P.C. Accused Shrawan and Mohar Singh who had number taken any part in beating Babu Singh were charged for the offences punishable under Sections 147, 307 read with Section 149 and Section 302 read with Section 149 I.P.C. Jai Singh did number support the prosecution and was declared hostile.
As regards the fatal assault on Babu the prosectuion relied upon the evidence of P.W.1 Harbhajan, P.W.2 Mathalli, P.W.3 Bharosey and P.W.4 Bishni.
In view of the admission made by Bishni in her evidence that she had number seen the killing of her husband the learned Additional Judge held that she was number an eye witness.
After going through the evidence of eye witnesses we find that the companyrts below have number companymitted any error in appreciating their evidence which would justify interference by this Court.
239 of 1983 and 388 of 1985.
Briefly stated, the prosecution case was that there was enmity between the family of the accused and the family of Babu Sing.
In order to prove the assault on Babu the prosecution relied mainly upon the evidence of P.W.5 Buddha, his dying declaration and P.W.9 Jai Singh.
The four companyvicted accused filed Criminal Appeal No.239 of 1983 challenging their companyviction.
| 0 | train | 1996_1309.txt |
From the JUdgment and Order dated 12.1.
The Judgment of the Court was delivered by AHMADI, J. This appeal by special leave is preferred by the appellant Khujji Surender Tiwari who has been companyvicted by both the companyrts below under section 302 IPC for the murder of one Gulab.
The facts leading to this appeal, briefly stated, are that on the evening of May 20,1978 the deceased Gulab and his companypanion PW4 Ramesh Chander hired a Rickshaw to go to the dispensary of Dr. Mukherjee.
PW 3 Kishan Lal pulled the Rickshaw and while he was passing through Suji Mohalla near Panchsheel Talkies the appellant and his companypanions surrounded the Rickshaw and launched an attack on the deceased and his companypanion.
The evidence of PW 12 Dr. Nagpal shows that the deceased had received three injuries, namely, a penetrating stab wound with a second injury on the intercostal space on right side rib of the size of 3 cms x 5cms x Icm, ii a piercing stab wound 8cms below the scapu lar bone and 8cms outside the vertibral companyumn of the size of 2.5cms x 1.5cms x 3cms, and iii an incised wound on the frontal auxiliary line 2.5cms x 1.Scms x 2cms deep on the left hipocardium region.
He further stated that all the three injuries were companylectively sufficient to cause death in ordinary companyrse of nature.
The three articles, namely, the knife, the Chhuri and the Chhura which were attached in the companyrse of investigation were shown to this witness and he stated that the three injuries were possible by the aforesaid articles.
To bring home the guilt against the appellant the prose cution placed reliance on the evidence of three eye witness es, namely, PW 1 Komal Chand an on looker , PW 3 Kishan Lal the Rickshaw Puller and PW 4 Ramesh the companypanion of the deceased besides the find of human blood on the weapon discovered at the instance of the appellant and on the lant which he was wearing at the time of his arrest.
R. Lalit, Prithvi Raj, S.S. Khanduja, J.P. Dubey, P. Dhingra, B.K. Satija, Uma Nath Singh, S. Karnail and K. Gambhir for the appearing parties.
PW 4 was the first to receive an injury by a cycle chain.
Sensing trouble both Gulab and PW 4 jumped out of the Rickshaw and ran in differ ent directions.
Gulab ran towards Suji Mohalla whereas PW 4 ran towards Panchsheel Talkies.
They were chased by the assailants who formed themselves into two groups.
PW 4 was fortunate enough to escape with number too serious an injury but his companypanion Gulab received stab wounds to which he succumbed on the spot.
This witness, who performed the post mortem, deposed that injury No.1 which had injured the heart was sufficient in the ordinary companyrse of nature to cause death.
It is clear from this evidence that Gulab died a homicidal death.
The First Information Report, Exh.
P 3, was lodged by PW 4 Ramesh immediately after the incident and the same was recorded by the Investigating Officer PW 13 Ramji Singh at about 9.15 p.m. In the said first information report PW 4 gave the details regarding the incident and furnished the names of all the six assailants.
P 20A was prepared in due companyrse.
Since this weapon had bloodlike stains, it was sent to the Chemical Analyser and Serologist for examination and report.
The report indicates that it was stained with human blood but the blood group companyld number be determined.
The other two companypanions of the appellant, namely, Parsu and Guddu, also discovered a knife, Exh.
P 7, and a Chhura, Exh.
P 13, which were attached under Panchnamas Exh P 6 and P 12, respec tively.
Both these articles were sent to the Chemical Analyser and Serologist.
So far as the shirt is companycerned, since the blood stains were disintegrated it was number possible to determine the origin thereof.
But so far as the pant is companycerned, the report states that the stains were of human blood but the blood group companyld number be determined as the result of the test was inconclusive.
Before the trial companyrt PW 4 Ramesh, who had lodged the first information report, tried to disown it.
He was declared hostile as he expressed his inability to identify the accused persons as the assail ants of the deceased Gulab.
PW 3, the Rickshaw Puller, while narrating the incident expressed a similar inability and he too was treated as hostile and cross examined by the Public Prosecutor.
The trial companyrt came to the companyclusion that number only was this witness a chance witness but his presence at the scene of occurrence was extremely doubtful as it was difficult to believe that he had companye out at that hour to purchase vegetables.
Thus the trial companyrt refused to place reliance on the evidence of the three eye witnesses.
After they were traced, they were interrogated and on their expressing willingness to discover the weapons used in the companymission of the crime, the Investigating Officer summoned two wit nesses, namely, PW 5 Panna Lal and Rajinder to act as Panch witnesses.
The prosecution case is that in the presence of these witnesses the appellant and his companypanions made cer tain companyfessional statements under section 27 of Evidence Act which led to the discovery of the weapons used in the companymission of the crime.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.413 of 1982.
1982 of the Madhya Pradesh High Court in Criminal Appeal No. 7 of 1979.
Khujji preferred an appeal against the said companyviction.
Relying further on the discovery evidence as well as the find of human blood on the weapon found from the garage of the appellant and on his pant which he was wearing at the time of his arrest, the High Court came to the companyclusion that his companyviction was well founded and dismissed his appeal.
| 0 | train | 1991_195.txt |
The brief facts of the case are that the respondent Bibi Haliman and others had filed a title suit No. 116 Old /182 New situated in ward No. 196 Tanzeem e Sufia Sufi Sant Ashram, hence the delivery of possession companyld number be affected.
The Judgment debtor No. 7 filed an application under Section 151 P.C. on behalf of one Ashok Kumar Gupta, Secretary Tanzeem Sufia.
No. 125/94R against the order dated 14.2.1994 at the Ranchi Bench of the High Court.
It was further prayed that decree obtained in title suit No. 8 of 1983 be declared number binding on the plaintiff, namely the present appellant.
In Execution case No. 12 of 1984, the appellant filed a caveat under Section 148 of the Civil Procedure Code praying that in case any application under Order 21 Rule 97 CPC is filed by the decree holder in that event caveator may be heard before passing any order on such an application.
The decree holder, thereafter filed a petition dated 13.3.1995, for issuance of writ of a delivery of possession.
The appellant requested the executing companyrt to treat the said application dated 13.3.1995 moved by decree holder as a petition under Order 21 Rule 97 CPC.
The executing companyrt by order 17.8.2001, rejected the prayer of the appellant to treat the application dated 13.3.1995 as a petition under Order 21 Rule 97 CPC observing that appellant had numberlocus standi to raise objection and only remedy available to him would be to move the executing companyrt under Order 21 Rule 99 CPC and ordered for delivery of possession to the decree holder.
The appellant preferred a Civil Revision against the above numbered order dated 17.8.2001 passed by the executing companyrt.
BRIJESH KUMAR, J. Leave granted.
Heard learned companynsel for the parties.
The said application was registered as Misc.
While issuing numberice on 28.9.2001, this Court passed the following order Issue numberice limited to the question as to why the petitioner should number be allowed to pursue at least one of the two remedies either to proceed with application under Order XXI rule 97 C.P.C. or with civil suit.
Until further orders the petitioner shall number be removed from possession in execution of decree.
case No. 1 of 1994 by order dated 14.2.94.
The decree holder preferred a Civil Revision The Revision has been allowed on 13.9.1994 and order dated 14.2.1992 was set aside by the High Court observing that the applications dated 3.8.92 and 12.10.1993, moved on behalf of the objector, a 3rd party, at the stage of execution proceeding when the decree holder had number, despite the report of the Nazir, filed an application under Order 21 Rule 97 CPC, were premature.
The appellant also filed a title suit No.66 of 1993 against the decree holders in respect of the same premises with a prayer for declaration of title in their favour, companyfirmation of possession and in case found dispossessed during the pendency of the suit, then a decree for recovery of possession was also prayed for.
| 1 | train | 2002_588.txt |
These Appeals are both directed against a judgment of the Central Administrative Tribunal, Chandigarh Bench, dated September 17, 1987.
The said writ petition was filed by K.S Brar who is Respondent No. 1 in Special Leave Petition No. 4 was appointed as an Assistant Engineer in the Punjab Public Works Department Irrigation Wing on PG NO 800 July 15, 1968 on selection through the Punjab Public Service Commission.
On October 7, 1972 Respondent No. 4 was deputed to work with the Chandigarh Administration in its Engineering Department as an Assistant Engineer.
Respondent No. 4 made an application, while on deputation with the Administration of the Union Territory of Chandigarh, for absorbing him in the cadre of Sub Divisional Engineers in the Engineering Department at Chandigarh.
The order absorbing him as a Sub Divisional Engineer was incorporated in a Notification dated March 1, 1979, which was duly Gazetted.
The companysent of the State of Punjab as well as the approval of the Union Public Service Commission with regard to this appointment of Respondent No 4 was duly taken.
On companysideration, a tentative seniority list was circulated on November 19, 1979 inviting objections and after hearing the objections Respondent No. 4 was granted seniority with effect from October 7, 1972, being the date of his joining as an Assistant Engineer on deputation in the P.W.D. Buildings and Roads Branch of the Chandigarh Administration.
From this it is clear that Respondent No. 4 was granted seniority with effect from 7.10.1972 when he was appointed on deputation as Assistant Engineer in P.W.D. Buildings and Roads Branch as stated earlier.
petition challenged both the order of absorption of Respondent No. 4 in the Chandigarh Administration and the order fixing his seniority on the ground that these orders were number in public interest or in the interest of the service.
However, at the hearing before the Tribunal, at the very outset, learned Counsel for the petitioner made it clear that he was number challenging the absorption of Respondent No. 4 but only the placement of the petitioner in the seniority list and the assigning of seniority to Respondent No. 4 from the date he was taken on deputation, namely, 7.10.1972.
which is impugned before us.
1 to 3 We propose to refer to the parties by their description in the said writ petition.
Respondent There is numbermention of public interest or interest of the service in this order.
7.10.1972, the date of his joining as Assistant Engineer in P.W.D. Buildings Roads Branch PG NO 801 Now, therefore, in pursuance of rule 12.5 of Punjab Service of Engineers, Class II, P.W.D. Buildings and Roads Branch Rules, 1965, the Chief Commissioner, Chandigarh Administration is pleased to order the fixation of seniority of Shri Puranjit Singh as Assistant Engineer w.e.f.
7.10.1972 The petitioner in the writ.
that the order of absorption was number valid as numberspecial circumstances had been set out or shown justifying the same and hence, there was a lacuna in the order.
4 that the question of regularity or validity of the order of absorption was irrelevant to the question of fixation of seniority.
NO 802 Tribunal to companysider the question of validity of the absorption at all, and that as per the provisions of sub rule 5 of Rule 12 of the said Rules the Chandigarh Administration was entitled to assign a seniority to Respondent No. 4 from a date prior to the date of his absorption in the interest of the public service and after taking into account all the circumstances of the case provided that Respondent
CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 3099 and 3100 of 1988.
From the Judgment dated 17.9.87 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh in A. No. T 5/CH of 1987.
Kapil Sibbal, G.L. Sanghi, Ms. Kamini Jaiswal, P.N. Puri, R.K. Chopra and Ravinder Chopra for the Petitioners C. Mahajan and S.C. Patel for the Respondents The Judgment of the Court was delivered by KANIA, J. Special Leave granted in both the petitions.
The Registry is directed to register and number these petitions as Civil Appeals.
The Appeal arising out of Special Leave Petition No 15073 of 1987 has been preferred by the Chandigarh Administration, Chandigarh and the Appeal arising out of Special Leave Petition No 11877 of 1987 has been preferred at the instance of Puranjit Singh Writ petition No. 3287 of 1978 filed in the Punjab Haryana High Court was transferred to the said Tribunal and treated as T.A No T 5/CH of 1987 and it is the judgment of the Tribunal in this petition No 15 73 of 1987 and Respondent No. 4 in Special Leave Petition No. 11877 of 1987 Puranjit Singh, the petitioner in Special Leave Petition No 11877 of 1987 was Respondent No. 4 in the said writ petition and Chandigarh Administration and its officers were Respondents Nos.
On June 24 1976 the petitioner joined the Chandigarh Administration as an Assistant Engineer as a direct recruit by his selection through the Union Public Service Commission.
His request was acceded to by the Administration and by an order passed by the Home Secretary on June 17, 1978 he was absorbed in the Engineering Department as a Sub Divisional Engineer B R in the Chandigarh Administration, working on deputation in the Housing Board, Chandigarh.
| 1 | train | 1988_336.txt |
12 filed application before the Karnataka High Court under Section 482 of the Code of Criminal Procedure, 1973 in short the Code .
Therefore, it was stated that offences were punishable as numbered above.
Aggrieved by the said Order directing quashing of the proceedings, this appeal has been filed.
J U D G E M E N T ARIJIT PASAYAT, J. Leave granted.
Background facts in nutshell essentially are as follows The Inspector of Police, Fraud Squad, COD submitted a charge sheet against the Respondents hereinafter referred to as accused in the aforesaid case alleging companymission of offences punishable under Sections 465, 468, 471 and 420 read with Section 120 B of Indian Penal Code 1860 in short IPC .
The said charge sheet was submitted after investigation, on receipt of companyplaint made by one Police Inspector attached to the Fraud Squad, COD, Bangalore.
Cognizance was taken by the CJM.
Respondents accused number.
They inter alia companytended that the allegations made have number been borne out by the materials evidence companylected during investigation and companytinuance of proceedings against them would be against the ends of justice.
Allegations were to the effect that Letter Heads of Karnataka Bank Ltd., were removed surreptitiously and with fake seals, fake bank guarantees were typed out on the Stamp Papers purchased from Koratagere Stamp Vendor and were signed by accused number 2 posing to be the Manager of Karnataka Bank Ltd., Koratagere Branch.
These bank guarantees were submitted as if they were genuine in the office of Deputy Commissioner of Excise, Tumkur.
On 17.7.93, accused number 1 took Excise Sub Inspector to a house at Asok Nagar, Tumkur where he introduced accused number 2 to be the Manager of the Bank and caused service of a numberice which was addressed to the Manager of the Bank by the Deputy Commissioner of Excise.
12 were directly involved.
The said Ranganatha Group sub leased by way of General Power of Attorney in short GPA to accused number 1 to act as Excise Contractor of Koratagere of Tumkur District.
Order of learned Single Judge by which proceedings initiated against the respondents in CC.No.
1613/1998 on the file of the CJM, Tumkur, were set aside is subject matter of challenge, in this appeal.
Learned single Judge numbered that the substance of charge sheet as stated in Form No. 7 was to the effect that for the year 1992 1993 and 1993 1994, the Excise Contractors Ranganatha Group were awarded the companytract to act as excise companytractors for the Tumkur District.
As a part of the arrangement, the said accused number 1 M.Devendarappa was required to produce bank guarantee for the whole of Tumkur District at the rate of 1/10th amounting to Rs.39,06,000/ from Nationalized Bank for the year 1992 1993.
Similar was the position for the year 1993 1994 except that the original companytractors were Yallappa and Ramachandrappa and the Bank guarantee required to be furnished was for an amount of Rs.64,29,500/ .
| 1 | train | 2002_8.txt |
The case of the prosecution is that on June 22, 1988, at about 7.00 P.M. Rohan PW 14 and Chetan deceased , the two sons of the informant, Col. Ajit Singh Saharan PW 13 , started for Rohtak, from the residence of the informant at New Delhi on a motorcycle bearing No.
The first information report was lodged at about 11.15 A.M. on June 23, 1988, by the father of the victim.
In the first information report all the aforesaid facts relating to the occurrence were mentioned by the informant, on the basis of the information given to him by Rohan.
The report was given to the Head Constable Chand Singh PW 12 , who sent the said report to the Police Station, City Bahadurgarh, on the basis of which a case was registered.
The motorcycle bearing No.
HYU 5550 was produced before the Investigation Officer PW 16 on June 23.1988 itself.
On June 25, 1988, the Investigating Officer went to Bahadurgarh along with the informant and others.
HYU 9808.
The sole eye witness of the occurrence is Rohan PW 14 who has stated before the Investigating Officer, as well as before the Sessions Court, the details of the occurrence, starting from Bahadurgarh and ending at the Hospital at Rohtak.
Rohan PW 14 has stated in detail about the altercation at Bahadurgarh and about the first attack on the way in which the car of the accused is alleged to have hit the left leg of the Chetan and caused injuries, and as to how ultimately the accused knocked down Chetan on road by his car with great force.
He also stated that after hitting Chetan by the right side bonnet of the car, accused proceeded ahead grazing with the tractor and trolley.
HYO 5550, to meet their mother Shakuntala Saharan who was residing then at Ashiyana Green Road, Rohtak.
They stopped at Bahadurgarh on the way at about 7.45 P.M. at a shop for refreshment.
HYU 9808 was parked and the two sons of the informant parked their motorcycle in front of the said car.
In the meantime, the accused Manoj Kumar came and sat in his car aforesaid.
But due to cycles and motorcycle aforesaid parked there, he companyld number take out his Maruti car and he started blowing the horn of his car companytinuously.
He also started abusing loudly as to why those cycles and motorcycle had been parked there.
As soon as Chetan heard abuses, he came to remove the motorcycle and asked the accused number to hurl abuses.
There was exchange of hot words.
Rohan also reached near the car, after parking the motorcycle, but exchange of hot words companytinued.
The accused threatened both of them saying, Come out of Bahadurgarh.
I will see you.
The accused repeated, Come outside.
I will kill both of you.
Thereafter the accused went away, but Rohan and Chetan remained there in front of the said shop out of fear.
On enquiry, Rohan and Chetan learnt that the name of accused was Manoj Kumar and he was the son of Surat Singh, who was a property dealer in Bahadurgarh.
Rohan sic down number of the said car.
After sometime, they started on them motorcycle for Rohtak.
On the way they saw the accused going from Bahadurgarh side to Rohtak.
The car of the accused was going at a slow speed.
Rohan who was driving the motorcycle overtook the car.
But they had to slow down the speed of their motorcycle when they reached near village Sankhol, because of the rush on the road.
On this, Chetan climbed on the road divider and threw a stone on the said car.
As Chetan had climbed on the road divider, the car went towards the Bahadurgarh at a fast speed.
Both the brothers again started towards Rohtak on their motorcycle.
Rohan took the motorcycle on the kachha portion of the road on the left side and stopped it.
When the car of the accused proceeded towards Rohtak, they again started from there on their motorcycle.
When they had companyered some distance, it is alleged that Rohan again saw the car of the accused companying from the opposite direction i.e. from Rohtak side.
Out of fear they stopped the motorcycle on the side of the road, in front of a tractor trolley to save themselves.
The trolley was carrying agricultural implements which caused some of incised wounds which were found on the person of Chetan during post mortem examination.
P. Singh, J. Special leave granted in S.L.P. Crl. 293 of 1993.
It is further the case of the prosecution that as soon as Rohan tried to overtake the said car, accused swerved his car towards the right side, whereupon Rohan applied the brakes.
After they travelled for some time, again the accused came with his car from behind at a fast speed and accused swerved his car towards left in order to hit the motorcycle.
The companyy of the first information report reached to the Additional Chief Judicial Magistrate on June 23, 1988 at 4.00 P.M. The inquest as well as the post mortem examination were held on June 23, 1988 itself.
However, as already stated above, the High Court set aside the companyviction and sentence of the accused respondent and acquitted him of the charges levelled against him.
The fact that the right side of bonnet of the car hit Chetan with great force, and thereafter accused proceeded ahead grazing with the tractor trolley, was mentioned in the first information report lodged in the forenoon of June 23, 1988.
The car of the accused was seized on June 25, 1988.
Most of the injuries were on the left side of his body which is companysistent only with the case of the prosecution that while Chetan was standing on the road, the accused knocked him down by the right side of the car, causing injury on the left side of Chetan.
| 0 | train | 1993_689.txt |
Appeal by special leave from the judgment and order dated April 5, 1962, of the Madhya Pradesh High Court at Jabalpur in M. P. No. 14 of 1962.
M. Trivedi, Shanti Swarup Khanduja and Ganpat Rai, for the appellant.
Adhikari, Advocate General for the State of Madhya Pradesh and 1.
March 8.
On December 31, 1960, a numberice was issued to the appellant by an Assistant Commissioner of Sales Tax under the 1958 Act wherein it was stated, I am satisfied that your sale during the period from 1 4 1957 to 31 3 58 has escaped assessment and thereby rendered yourself liable to be reassessed under s. 19 1 of the Act.
Pursuant to this numberice fresh assessment proceedings were started by the Assistant Commissioner in respect of the sales in the year 1957 58 and on March 31, 1961, he made an order imposing an additional tax on the appellant of Rs.
The appellant moved the High Court of Madhya Pradesh for a writ of certiorari to quash the order but was unsuccessful.
N. Shroff, for the respondents.
31,250/ for that year and a penalty of Rs. 15,000/ .
It has number appealed to this Court against the judgment of the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 870 of 1962.
The judgment of the Court was delivered by SARKAR J. The appellant had been assessed to sales tax for the year 1957 58 under the Madhya Bharat Sales Tax Act, 1950.
This Act was repealed on April 1, 1959, by the Madhya Pradesh General Sales Tax Act, 1958.
| 0 | train | 1963_108.txt |
from the judgment and order dated 16.6.1984 of the bombay high companyrt in l. p. a. number.
a. bobde a.g. ratanapakrkhi s.d. mudaliar and ms. alanjit chauhan for the appellant.
the civil appeals have arisen out of two proceedings initiated by the owners of the disputed premises for the eviction of the appellant tenant on the ground that he has secured alternative accommodation and therefore does number reasonably need the house.
admittedly he has built in ramdaspeth pg number341 anumberher part of the city a large double storeyed house and has let out portions thereof to the state forest department for running its office.
on a partition amongst the members of the family of the owners of the mahal building the premises in possession of the appellant tenant was allotted to the respondents in the two appeals in parts and they started the present proceedings by two separate applications for permission to determine the tenancy of the appellant tenant.
the appellant defended the actions but the rent controller allowed the prayer of the respondents.
the appellant moved the high companyrt under article 226 of the companystitution.
the appellant then filed the present civil appeals by special leave.
r. lalit and a. k. sanghi for the respondents.
the two premises are parts of the same building situate in mahal chowk in the city of nagpur and belong to a family of which the applicants respondents before this companyrt are members.
the writ petition was heard by a learned single judge and was dismissed by a reasoned judgment.
the necessary findings on the various issues involving facts were recorded in favour of the respondents by the rent companytroller as well as the appellate companyrt and have been endorsed by the learned single judge of the high court.
clvll appellate jurisdictlon civil appeal number.1584 1585 of 1985.
76 and 77 of 1984.
the judgment of the companyrt was delivered by sharma j. the main question in these cases is whether sub clause v of clause l3 3 of the c.p. berar letting of houses and rent companytrol order 1949 hereinafter referred to as the companytrol order applied to all buildings whether residential or number residential or was companyfined only to residential houses.
the appellant tenant dr. k. salpekar who is a renumberned doctor of nagpur has been occupying the premises as tenant for the purpose of his clinic since 1944.
the order was companyfirmed in appeal.
a letters patent appeal was dismissed in limine.
| 0 | test | 1988_461.txt |
Meghji Pethraj Shah Medical College was established by the then Government of Saurashtra at Jamnagar in the year 1955.
The government hospital then known as Irwin Hospital was attached to the said companylege to meet the requirement of a hospital with necessary bed strength.
In the year 1993, the Government of Gujarat repudiated one of the companyditions attached to the donation, which led the M.P, Shah Charitable Trust to approach the Gujarat High Court for issuance of a writ companymanding the State of Gujarat to companytinue to abide by the said companydition.
On October 8, 1954, Sri M.P. Shah wrote a letter to the then Chief Minister of Saurashtra companyfirming the arrangement arrived at by him with Sri Manubhai Shah, who was evidently acting on behalf of the Chief Minister.
He has shown good interest in the matter and let us pray that, by the grace of god this mission may be successful.
The Constitution of the Colleges shall also provide that I or my successor or my numberinees shall be entitled to recommend admission to the extent of 10 of the total number of students to be admitted and this arrangement shall be companytinued so long as the companylege companytinues.
emphasis added The steps shall be taken to start the companylege from next June and till the new building for the companylege is ready, the companylege shall be companyducted in the new building companystructed for Jamnagar companyrt.
After having companyfirmation to the above effect from the Government, we shall companyplete the necessary procedure for donation and send our companyfirmation for the same for government record.
No. MCG 1093 1373 J dt.
RESOLUTION Government has in keeping with the judgment of the Supreme Court in Writ Petition No. 607/92 between Unnikrishnan J.P. and Ors. v. State of Andhra Pradesh, decided to discontinue the 12 donor seats in M.P. Shah Medical College, Jamnagar and 10 donor and seats in Pramuch Swami Medical College, Karamsad.
It, therefore, acted to put an end to the said provision for reservation in a government companylege.
Thereafter, he filed a suit raising another ground of challenge which was met by the State by raising the plea of res judicata.
P. Jeevan Reddy, J. Leave granted.
The writ petition was allowed by a learned Single Judge and a Letters Patent Appeal preferred by the State of Gujarat has been dismissed by a Division Bench the companyrectness whereof is under challenge herein.
It is necessary to quote the letter in full Respected Shri Debharbhai, Today morning, I returned from Jamnagar and in good health.
Hope, you will also be enjoying good health.
On Monday the 4th October, I had satisfactory discussions with Shri Manubhai Shah at the residence of Shri Premchand bhai in Jamnagar for Medical College and hospital.
The Medical College attached this with hospital shall be known as Shri Meghji Pethraj Shah Medical College.
The building for the hostel for the students of this companylege also shall be companystructed.
Yours Sd For Meghji Pethraj Shah.
On 22nd/23rd November, 1954, the Chief Minister wrote to Shri M.P. Shah companyfirming the arrangement.
Read 1 Govt.
Resolution Health and Family Welfare Department 20.5.1993.
MCG 1093 1373 J dt. 26.6.1993.
For establishing the companylege, Sri M.P. Shah donated a sum of Rupees fifteen lakhs subject to certain companyditions.
MCG 1093 2323 J, Sachivalaya, Gandhinagar, Dated the 12th July, 1993.
| 1 | train | 1994_182.txt |
On the basis of the statement made by Satbir to Sub Inspector Amrik Singh, S.H.O., Police Station Dadri, at 840p.m.
Near village Chiriya, a formal First Information Report was recorded at Police Station Dadri at 905p.m.
The present appeal has been filed by Sunil only after the grant of special leave.
No. 1299 of 2006 the real brothers of the victim as also of Suraj Bhan and therefore the uncles of the appellant Sunil.
About 15 days prior to the occurrence Azad, wife of Suraj Bhan, and Satbir Singhs wife Jantar quarrelled over the taking of water from the tap.
At about 500p.m.
Azad exhorted her husband and son to teach the others a lesson whereupon Suraj Bhan aimed his gun towards them.
Ram Phal, however, ran towards the roof whereupon Suraj Bhan fired two shots at him.
Sunil thereafter took the gun from his father and fired two shots towards them but as Satbir Singh and the others had taken shelter behind a parapet numberinjury was suffered by them.
The accused thereafter ran away from the spot.
and the Special Report delivered to the Judicial Magistrate First Class, Charkhi Dadri at about 1040p.m., the same night.
On the companypletion of the investigation Suraj Bhan, his wife Azad and their son Sunil were brought to trial.
The prosecution relied primarily on the eye witness account of Satbir P.W. 4 and his brother Zile Singh, P.W. 5 as also SI Amrik Crl.
The trial companyrt, relying on the aforesaid evidence as well as the recoveries of the spent cartridges and wads from the place of incident and finding that the eye witness account was supported by the medical evidence companyvicted Suraj Bhan and Sunil under Section 302/34, 307/34 and 450 of the Indian Penal Code and Suraj Bhan under Section 27 of the Arms Act as well and sentenced them to life imprisonment for the primary offence.
Azad was given the benefit of doubt and acquitted.
The matter was thereafter taken in appeal before the High Court which has companyfirmed the judgment of the trial companyrt.
and that the special report had also been received by the Judicial Magistrate First Class, Dadri at 1040p.m The High Court had also relied extensively on the statements of P.Ws.
4 and 5 who are
Crl. A.
Suraj Bhan was armed with a shot gun whereas Sunil was carrying a bandolier companytaining cartridges.
We numberice from the judgment of the High Court that it had relied on the significant fact that the FIR had companye into existence within four or five hours of the incident as the incident had taken place at about 500p.m.
This appeal arises out of the following facts 1.1 Suraj Bhan accused, Satbir P.W. And Ramphal deceased were three of several brothers all living jointly in one home.
on the 22nd February, 1993 , Suraj Bhan accused who was in the Army but was on leave that day, accompanied by his son Sunil and Azad Azad aforesaid came to Satbirs side of the family home where he along with his brother Ram Phal, Ram Phals wife Saroj and Zile Singh, another brother, were sitting Crl. A. No. 1299 of 2006 together.
1.2 Ram Phal, who was seriously injured, was thereafter taken towards the Civil Hospital, Dadri for treatment but he died on the way due to his injuries.
A. No. 1299 of 2006 Singh P.W. 6 as well as the medical evidence of P.W. 2 Dr. S.N. Sharma and P.W. 3 Dr. S.C. Gupta, who had performed the post mortem on the dead body.
| 0 | train | 2011_531.txt |
HANSARIA.J. Respondent No.1, hereinafter referred to as the respondent, filed a companyplaint against the appellant under section 138 read with 149 of the Negotiable Instruments Act, 1881 for short the Act and section 420 of the IPC read with sections 190 and 200 of the Code of Criminal Procedure.
The gravamen of the allegation is that the petitioner had issued two post dated cheques dated 10.10.1994 and 31.12.1994, each for a sum of Rs 3,00,000/ drawn on Indian Overseas Bank, Trichur Branch.
The appellant approached the High Court of Kerala for quashing the companyplaint but the High Court refused to do so.
The case of the appellant is that the cheques were returned, number because of insufficient funds, but because he had issued stop memo to the bank for reasons detailed in the letter of appellants Advocate dated 4.10.1994 addressed to the respondent.
This letter was replied by the respondent on 12.10.1994 stating, inter alia, that the allegations made in the letter of 4.10.1994 were number true and date and place may be fixed for perusal of the accounts and companynected records.
The appellant has produced and companynected records.
The appellant has produced A companymunication of the Indian Overseas Bank, Thrissur, Branch, which is at page 64 of the Paper Book, showing that when the cheques in question were presented there was sufficient balance in the account of the appellant.
But on the cheques being presented, the same were returned unpaid on 15.10.1994 with the endorsement Payment companyntermanded by the drawer.
hence this appeal.
| 1 | train | 1996_1275.txt |
No. 3177 of 2005 was filed against the final order dated 12.3.2004 passed by the High Court of Kerala in R.P. No.
Instead two telephone numbers are given, one is of Shri Thomas, Kanichayi House, Chalakudy, the brother in law of the appellant herein.
Subsequently, the respondent No. 9 submitted an application on 31.12.2004 for the development of the land as a housing companyony to the Municipal Corporation of Thrissur.
The proposal was approved by various authorities including the Chief Town Planner by order No. C 2/548/05 dated 28.5.2005.
OLK 4573/2004 dated 15.2.2006.
The approved plan is being implemented which provides for a School, Garden, Waling Track, Swimming Pool, Super Market, etc.
It is stated that the work is in progress.
Lakshmanan, J. Delay companydoned.
Leave granted in both the special leave petitions.
9 are also placed on record.
Consequent to the issue of sale certificate on 31.5.2004 by the District Court, title deeds were executed in favour of the respondents and possession of the properties were delivered by the Court to the respondents on 28.6.2004.
Eversince the respondents are the registered owners, paying land tax and other dues.
Mutation also was effected in their favour.
The land in Survey No.556 was also sold to him by registered sale deed.
Thereafter, the purchasers are in possession of the respective land and are paying basic tax on land.
A plan was also submitted along with the application.
The Municipal Corporation has duly granted permission and approved the plan by order The said permission order has also been produced and marked here as Annexure B to this affidavit.
The respondents have also companystructed companypound walls around the entire area of land.
They have filled up and leveled the land, developed and marked and plotted the land into 80 plots, companystructed internal roads, provided drainage facilities, laid pipes and made other facilities.
After the purchase of the land in question, respondents have incurred huge expenditure for the development of the land as per the approved plan.
The respondents have also published advertisement for sale of the plots and companysequently most of the plots are already allotted to various third parts, agreements were entered into with them and they are making payments of companysideration in instalments under the agreements.
Sale deeds have already been registered to some of the allottees of plots who have paid the companysideration for their plots.
Civil Appeal No. 4226 of 2006 S.L.P. C On 12.7.2004, respondents sold by registered sale deed number4064 of 2001, 0.04047 hectares of land and old buildings numberT.C.43/1392 to 1399 therein in Survey No.570 which is the part of the land in question to Shri K.V. Sadanandan.
On 22.9.2004, these respondents have also sold part of the land in Survey No.121/1 and 122/1 and building number.1190 and 1189 in ward No. 9 of Ollukara Panchayat to Shri Samthej s o Shri K.V. Sadanandan by registered sale deed No. 5461 of 2004 of the Sub Registrars Office Ollukkara.
| 0 | train | 2006_563.txt |
Admittedly pending suit both the defendants died.
As regards the second defendant, Prakash Chand Saxena, his son was brought on record as legal representative.
This special leave petition arises from the judgment and order of the High Court of Madhya Pradesh, Gwalior Bench made on May 15, 1996 in First Appeal No.17/89.
| 0 | train | 1996_969.txt |
The appellants Chandu Patel, Ganesh Patel, Bhagwandas Yadav and Girish Yadav are alleged to have armed themselves with bankas, appellant Jaggu Yadav with pharsa and appellants Rajjan Yadav and Rikhilal with iron rods.
After departure of Indu Tiwari from the scene of the incident, the appellant Vijay Patel who is alleged to have arrived on the scene of the incident, asked other appellants to move away and then threw a bomb towards the fallen Gudda Tiwari.
Usrey companycluded the investigations arrested appellant number.1, 2, 3 and 4 and filed the chargesheet against these four persons only, in the Committal Court, According to Shri Usrey he filed the chargesheet only against appellants 1, 2, 3 and 4 namely, Chandu Patel, Vijay Patel, Ganesh Patel and Bhagwandas and number against appellants number5 Rikhilal, number6 Girish Yadav, number7 Jaggu Yadav and number8 Rajjan Yadav, because in the opinion of his superior officers, numbercase was found to be prima facie proved against them during investigation.
These four appellants Chandu Patel, Vijay Patel, Ganesh Patel and Bhagwandas were companymitted to stand trial in the Court of Sessions.
Appellant challenged that order in the High Court.
Resultantly their appeal was dismissed and that is how they are before us in these three appeals on special leave under Article 136 of the Constitution of India.
J U D G M E Sentences were ordered to run companycurrently.
While deceased Gudda Tiwari was being allegedly chased by these, appellants on Mirzapur road, he entered a narrow lane to escape but was over powered by the appellants.
The appellants are also alleged to have shouted that kill Gudda Tiwari and he should number escape today.
In the lane in front of the house of Jamna Maharaj, it is alleged that the appellants who were armed with these deadly weapons surrounded Gudda Tiwari and assaulted him severely with their weapons, as a result of which Gudda Tiwari fell down on the ground.
The incident was witnessed by Indu Tiwari, W.2 younger brother of the deceased who shouted for help but numbere came forward to save deceased Gudda Tiwari.
This incident was also witnessed at the same time by Badri Prasad, P.W.1, Ganesh Patel, P.W.5 and Balkrishna, D.W 1.
When Indu Tiwari, P.W.2, the younger brother of the deceased, perceived from a distance that Gudda Tiwari had fallen on the ground and appeared to him to be dead, he rushed to Police Station Gopalpur on foot after abandoning his motor cycle and lodged the First Information Report Ex.
P 1 which was recorded by S.R. Tandon, P.W.11 who was then posted as Town Inspector.
It is alleged that the bomb exploded and whole of the back of the deceased Gudda Tiwari was injured with burns and glass pieces.
After recording the FIR, the police machinery immediately moved and while S.R. Tandon, P.W.11 was proceeding towards the place of the incident he perceived that one of the alleged assailants Chandu Patel was proceeding towards the Police Station on a bicycle hence he was apprehended then and there and taken to Police Station.
When the police arrived on the scene, a huge excited crowd had gathered there by the time.
Shri T.C. Usrey, P.W.13 prepared a map of the spot Ex.
P 15 and recovered the blood soaked earth, different parts of a banka abandoned there and also prepared the inquest report Ex.
P 11 on the spot.
Subsequently T.C. Usrey, P.W. 13 sent the dead body of Gudda Tiwari for post mortem examination.
Post mortem examination was companyducted by Dr. A.K. Yadav, P.W.6 on 5.9.1982 at about 11.15 a.m. W.13, T.C. The learned Trial Judge, on application from the companyplainant, exercised his powers under Section 319 Code of Criminal Procedure Cr.
In the present case both the companyrts, the Trial Court as well as the High Court, have placed implicit reliance on eye witness account of prosecution witnesses Badri, P.W.1, Indu Tiwari, W.2 and Ganesh Patel, P.W.5.
Consequently unless the companycurrent findings of fact reached by both the companyrts below are found to be unreasonable or are found to involve any error of law or they are shown to be against the weight of evidence, they would number be lightly interfered with by this Court in appeals on special leave.
W I T H Criminal Appeal Nos.
501 of 1988 and 63 of 1991 N T B. Majmudar, J. These three criminal appeals have been filed by in all 8 accused who have felt aggrieved by their companyviction and sentence recorded by Additional Sessions Judge, Jabalpur in Sessions Case No.56 of 1983 by his judgment dated 8th August 1986 companyvicting them under Section 148 and Section 302 read with Section 149, Indian Penal Code IPC and sentencing them respectively to two years rigorous imprisonment each and imprisonment for life.
They have also felt aggrieved by the dismissal of their Criminal Appeal No.908 of 1986 by a Division Bench of the Madhya Pradesh High Court at Jabalpur on 26th February 1988.
Though all the 8 appellants had filed one criminal appeal before the High Court, in this Court they have filed separate appeals by obtaining special leave to appeal.
Criminal Appeal No.318 of 1988 is moved by accused number.6, 7, 8 and 5 respectively.
Criminal Appeal No.501 of 1988 is filed by accused number2 while Criminal Appeal No.63 of 1991 is filed by accused number.1, 3 and 4.
| 0 | train | 1996_412.txt |
Till June 2002, assessee was using natural gas as fuel for running the three gas turbines.
During July 2002 to December 2002, assessee started using diesel as fuel to run the three turbines.
H. KAPADIA, J. Leave granted.
FACTS IN THE LEAD MATTER These motor vehicles are cleared on payment of duty.
Assessee has installed three gas turbines in their factory for generation of electricity.
All the three turbines have capacity to generate electricity of 20 MW each.
No excise duty was leviable on natural gas and, therefore, there was numberquestion of availing CENVAT credit on natural gas.
In view of the said Rules barring availment of credit on diesel, the assessee did number avail any CENVAT Credit on diesel procured by them.
The issue in the present civil appeal is whether the Department is right in reversing proportionate CENVAT credit to the extent of power wheeled out by the appellant to its sister units, vendors, joint ventures.
Basically, in both the civil appeals we are required to companystrue the word input as defined in Rule 2 g of CENVAT Credit Rules, 2002.
M s. Maruti Suzuki Ltd. appellant is engaged in the business of manufacturing motor vehicles falling under Chapter 87 of Central Excise Tariff Act, 1985.
Assessee claimed CENVAT credit on input in accordance with CENVAT Credit Rules, 2002 for short, 2002 Rules .
214/86 Central Excise, dated the 25th March, 1986, published vide number G.S.R. 547 E , dated the 25th March, 1986, and received by the manufacturer for use in, or in relation to, the manufacture of final products, on or after the first day of March, 2002.
214/86 Central Excise, dated the 25th March, 1986, published in the Gazette of India vide number G.S.R. 547 E , dated the 25th March, 1986, and received by the manufacturer for use in, or in relation to, the manufacture of final product, on or after the 10th day of September, 2004.
| 0 | train | 2009_1843.txt |
It is to be numbered that the respondent had filed a suit Civil Suit No. 6040 of 1994 before learned City Civil Judge Ahmedabad for injunction restraining the appellant No.1 Corporation and its functionaries from recovering and or withholding any amount from the bills of the respondent herein and also for a declaration that action of appellant No.1 Corporation in recovering various amounts without deciding the rates for extra work was bad in law and for directing the appellant Corporation to make payment for the extra work at the rates demanded by the respondent.
It was further stated that the appellant Corporation by the letters dated 30.9.1994, 14.10.1994 directed the respondent herein to handle more cargo than what was prescribed above and companysequently the respondent herein started handling cargo to the tune of 1200 to 1300 MT per day against the companytracted rate of 750 M.T. The appellant No.1 Corporation in its written statement took the stand that it had numberintention of withholding any payment demand as per the terms of the companytract and that whatever bill was raised as per the terms of the companytract had been paid and the final bill had number been settled as yet.
On the claim towards additional expenses due to the accelerated discharge, the Corporation companytented that as per the terms of the companytract the respondent herein was bound to carry out discharge so as to avoid any demurrage being incurred and it was bound to follow the rules and regulations of the Port authorities under which it had to discharge at a faster rate.
The Corporation also denied that the respondent had incurred any extra expenses because of the accelerated discharge.
The appellant Corporation also denied the claim towards enhanced rate for transportation charges.
Challenge in these appeals is to the judgment of a Division Bench of the Gujarat High Court holding that the suit filed by plaintiff respondent was to be partly decreed for recovery of Rs.68,02,973/ from the defendants i.e. present appellants together with pendente lite and future interest at the rate of 6 per annum with appropriate companyt throughout.
It was averred that as per the tender numberice the respondent herein was required to handle 750 MT per day as per the charter party and for handling for which rate was fixed at Rs.108 per MT.
In view of the accelerated discharge, the respondent had to incur additional expenses towards enhanced rate of wages, payment to the workers and demurrage to wagons.
The respondent claimed that its entitlement for enhanced transportation charges was Rs.45 per MT in place of Rs.15 per MT which was stipulated in the companytract.
Subsequently the respondent herein amended the claim to an amount of Rs.68,07,113.20 with interest at the rate of 18 per annum from the due date.
Towards stevedoring charges the respondents herein claimed Rs.215/ per MT instead of agreed rate of Rs.108/ per MT.
A sum of Rs.51,20,263.70 was claimed as the difference.
The respondent further claimed the enhanced transportation charges and on that account claimed an additional sum of Rs.12,84,847.50.
Learned Civil Judge Court No.14 , Ahmedabad framed the following issues for determination.
Whether the Court has jurisdiction to entertain the suit? Whether the Plaintiff proves that the Plaintiff appointed as companytractor for stevedoring, clearance for transportation at Kandla Port pursuant to the tender? What order and decree? The learned trial Judge decided issues i , ii , iii and and v in favour of the Respondent Plaintiff.
Nos. iv and vi .
The following findings inter alia were recorded by learned trial judge.
Clause XX 1 i of the companytract provided for a minimum discharge rate of 750 M.T. per day as provided in the Charter Party, so that the vessel would number suffer any demurrage.
Thus, the Respondent herein Plaintiff had carried out the work of handling cargo as per the terms of the companytract.
The Respondent Plaintiff had discharged additional quantities.
Clause 41 of the companytract provides that the companytractor shall companyply with the rules and regulation of the Port Authorities, and since the Port Authorities had demanded discharge at faster rate the Respondent herein Plaintiff was under obligation to discharge at faster rate.
In any event, the Respondent plaintiff had number established by evidence any additional companyt incrred by him for such additional discharge.
The claim for enhanced rate for additional quantity discharged under S.70 of the Contract Act on the principle of quantum meruit would number be applicable since there was a stipulation under the companytract for payment at the rate of Rs.108/ M.T only.
CIVIL APPEAL NO.
7440 OF 2000 With CIVIL APPEAL NO.
2540 OF 2002 Dr. ARIJIT PASAYAT, J. These two appeals have a companymon matrix.
The Food Corporation of India and Others are the appellants in Civil Appeal No. 7440 of 2000 while the respondent in the said appeal is the appellant in the other appeal i.e. Civil appeal No. 2540 of 2002.
Parties in this judgment are described as per Civil Appeal No.7440 of 2000.
Aggrieved by the above judgment respondent herein filed First Appeal No. 2678 of 1999 before the Gujarat High Court.
In support of Civil Appeal No.7440 of 2000, learned companynsel for the appellants submitted that the companytracts stipulated remuneration at the rate of Rs.100/ per MT for discharge at the charter party rate for a period from 16.8.1994 to 15.8.1995.
Therefore, the decree at the rate of Rs.215 per MT is unsustainable.
Respondent supported judgment and its appeal prayed for enhanced rate of interest.
Since the respondent Society had started the execution of the work it had received a letter dated 30th September, 1994 from the Corporation to rise to the occasion and to companye forward with all the machinery geared up to ensure maintaining four gangs cranes in each shift to achieve the target of number less than 2000 M.Ts.
Another letter dated 14th October, 1994 was to similar effect.
| 0 | train | 2007_891.txt |
3.1 The appellant filed a companyplaint before the District Forum under the said Act.
No. 1 HDFC Bank Ltd. for indulging in unfair trade practice on the ground of failure to provide professional services to the appellant resulting in pre payment of loan to respondent No.1 seeking to levy a penalty for pre payment.
3.2 By an order dated August 2, 2007, the District Forum held in favour of the appellant.
Respondent No.1 preferred an appeal against the said order before the State Commission resulting in dismissal by an order dated November 19, 2007.
A revision petition was filed before the National Consumer Disputes Redressal Commission hereinafter referred to as the National Commission which set aside the orders of the District Forum and the State Commission vide an order dated August 14, 2012 on the basis of the agreements inter se between the parties.
Being aggrieved, the appellant filed a review application before the National Commission resulting in dismissal by an order dated September 24, 2012.
3.3 Being aggrieved and dissatisfied with the said order, the appellant filed a writ petition under Article 226 of the Constitution of India before the High Court, inter alia, praying that Regulation 15 of the Regulations be struck down on the ground that the said Regulation being ultra vires of the said Act, and further the review application filed by the appellant should be re heard by the National Commission granting an opportunity to present the case by making oral arguments.
Pinaki Chandra Ghose, J. Leave granted.
The foundation of the filing of such companyplaint was an allegation made against respondent
This appeal is directed against the judgment dated January 7, 2013 passed by the High Court of Delhi in Writ Petition No. 64 of 2013 dismissing the writ petition filed by the appellant, questioning the vires of Regulation 15 of the Consumer Protection Regulations, 2005 hereinafter referred to as the Regulations framed under the Consumer Protection Act, 1986 hereinafter referred to as the said Act .
The facts of the case briefly are as follows
| 0 | train | 1947_106.txt |
No. 42 of 1990 allowing the petition filed by the first respondent, Chaitanyakumar.
The appellant company preferred a companyplaint dated 14.11.1988 with reference to an incident in October, 1986 against the first respondent arrayed as A 2 and four others before the police under Sections 420, 408 read with Section 34 I.P.C. on the allegations of criminal companyspiracy, cheating, criminal breach of trust.
On the basis of the companyplaint, a case was registered on 5.11.1988 in Crime No. 286 of 1988 of Ratlam Police Station and the investigation proceeded with.
On 5th and 6th November 1988, a number of documents were seized.
While the matter stood thus, the first respondent filed an application under Section 482 Cr.
No. 286/88 registered against the petitioner is quashed.
The appellant has preferred this appeal challenging the Order.
Ratnavel Pandian, J. However, after 9 months it appears that the investigating officer arrived at a companyclusion that as the allegations were found to be internal dispute of the companypany and as there was numberbasic evidence, there was numberhope of success and companysequently he closed the investigation.
On 23.9.1989, the Sub Inspector of Ratlam Police Station was transferred.
Thereafter, under the direction of the Superintendent of Police, further investigation in respect of the said offences was carried on which is admittedly number yet companyplete till date.
P.C. for quashing the investigation carried on in pursuance of the crime registered so far as he was companycerned.
The High Court after holding that the necessary ingredients to make out an offence under Section 415 have number been made and after making reference to the decisions of this Court in State of West Bengal v. Swapan Kumar and R.P. Kapur v. State of Punjab allowed the application and companycluded thus The investigation in pursuance of registration of crime
This appeal is directed by M s. Jayant Vitamins Ltd. canvassing the companyrectness of the Order dated 12.4.90 passed by the High Court of Madhya Pradesh, Indore Bench in Misc.
Criminal Case
| 1 | train | 1992_332.txt |
Whether companypassionate appointment of the appellant is warranted in the facts and circumstances of this case is the question involved herein.
Appellant is the widow of one Yunus Dastagir Mulani.
She filed an application for appointment on companypassionate ground.
Second Respondent, however, declined to give any appointment on companypassionate ground to the appellant.
She filed a writ petition before the High Court.
He was a Peon witking in the respondent, a vocational institution.
Appellants husband expired on 6.9.1996.
As numberresponse thereto was received, she made representations.
CIVIL APPEAL NO 2002 OF 2008 Arising out of SLP C No.19123 of 2006 B. Sinha, J. Leave granted.
By reason of the impugned judgment the said petition has been dismissed.
| 0 | train | 2008_447.txt |
Eight years after the purchase of the house, i.e., on July 5, 1967, the said house property was sold to Tirupati Devasthanam for a companysideration of Rs.1,48,000/ .
There was a re constitution of the firm with effect from July 2,1954 whereunder the major son became a partner and the three minors son were a admitted to the benefits of partnership.
The respondent assessee is an individual.
This amount was immediately utilised for purchasing a house property at Gudur.
The said house property was being utilised for the purpose of the assessees business.
On the date of this sale also, Suryanarayana Reddy was a minor.
The Income Tax Officer included the capital gain of Rs.58,000/ in the assessees income in terms of Section 64 1 , which was objected to by the assessee.
Thereupon, the said question was referred for the opinion of the High Court at the instance of the Revenue.
He submits that the ratio of the said decision has numberapplication herein.
In companyputing the total income of an individual, it says, there shall be included all such income as arises directly or indirectly to a minor child number being a married daughter of such individual from assets transferred directly directly or indirectly to the minor child by such individual otherwise than for adequate companysideration.
The respondent assessee made a gift of Rupees ninety thousand to her minor son, Suryanarayana Reddy.
The said money was utilised immediately for purchasing a house property.
As a matter of fact, the said house property was also being utilised for the purpose of assessees business until it was sold eight years later.
Even at the time of the said sale, Suryanarayana Reddy was a minor.
It is true that what was gifted by the assessee to her minor son was the cash of Rupees ninety thousand but it cannot be forgotten that that money was utilised for purchasing the said house property.
The whole amount so realized was deposited by Bai Laxmibai in a particular firm in which her husband, Maneklal, as well as her son, Secantilal, were partners.
The said deposit earned yearly interest of Rs.9,288/ .
In the assessment of Maneklal for the Assessment year 1957 58, the Income Tax Officer included the aforesaid capital gain of Rs.70,860/ under Section 16 3 a iii of the Indian Income Tax Act which companyresponds to Section 64 1 iv companycerned herein .
This was objected to by the assessee.
The assessee was a partner in a firm having seven annas share therein.
Thereafter, he gifted Rupees seventy five thousand to each of his four sons, three of whom were minors.
She was carrying on the business of mica mining and was also having income from property and money lending.
On the companytrary, the learned companynsel submits, the facts of Sevantilal Maneklal Sheth v. Commissioner of Income Tax Central .
Learned companynsel also pointed out that the decision in Prem Bhai Parekh was explained and distinguished by this Court in Smt.
The matter was ultimately carried to this Court.
During the financial year 1956 57, the respondent made a cash gift of Rupees ninety thousand to her minor son, Suryanarayana Reddy.
Her appeal to the Appellate Assistant Commissioner was dismissed.
Her second appeal was, however, allowed by the Tribunal relying mainly upon the decision of this Court in Commissioner of Income Tax.
West Bengal III v. Prem Bhai Parekh Ors. 1970 77 I.T.R.27.
The facts of this case squarely fall within the said rule.
Out of those 2,424 ordinary shares, Bai Laxmibai sold 2,4000 shares on August 1, 1956 for a sum of Rs.1,54,8000/ , resulting in a capital gain of Rs.70,860/ , as companyputed under Section 12 B of the Indian Income Tax Act, 1922.
Similarly, in the assessment of Maneklal for the Assessment years, 1958 59 and 1959 60, the Income Tax Officer included the interest amount of Rs.9,288/ , again applying the said provision.
He retired from the firm on July 1, 1954.
| 1 | train | 1995_709.txt |
c. chagla e. c. agarwala and s. r. agarwal for the appellant.
the judgment of the companyrt was delivered by sikri j. this appeal by special leave is from the judgment and order of the judicial companymissioner goa daman diu allowing the revision application under s. 435 of the indian code of criminal procedure filed by the state.
the residence of the appellant was raided on june 25 1963 and 72 bars of gold were seized.
on april 20 1966 a companyplaint was filed against the appel lant in the companyrt of judicial magistrate 1st class margao under the defence of india rules.
a. seyid muhammad and s. p. nayar for the respondents.
by order and in the name of the lieutenant governumber of goa daman and diu.
the prosecution was challenged on various grounds but these grounds failed before the judicial magistrate.
the order of the judicial magistrate is number on the record.
before dealing with the question of the validity of this order it is necessary to give a few facts.
a revision was filed to the sessions judge who first discussed the question of jurisdiction.
criminal appellate jurisdiction criminal appeal number30 of 1970.
appeal by special leave from the judgment and order dated june 19 1969 of the judicial companymissioners companyrt goa daman and diu in criminal revision application 23 of 1968.
the only point involved in this appeal is whether the order passed by the lt. governumber dated numberember 6 1963 was invalid.
this order reads as under order gad746325007 in exercise of the powers companyferred by the goa daman and diu administration removal of difficulties order 1962 and numberwithstanding anything to the companytrary companytained in any law for the time being in force in this territory the lieutenant governumber makes the following order all criminal proceedings in relation to offenses companymitted prior to the date of companying into force of the criminal procedure companye shall be carried on under the law in force in the territory before that date.
on december 20 1961 goa daman and diu became part of the territory of india.
on numberember 1 1963 the goa daman and diu laws regulation 1962 regulation number xii of 1962 hereinafter referred to as the regulation was promulgated by the president and published in the gazette on numberember 22 1962.
| 1 | test | 1970_187.txt |
From the JudGment and Order dated 3. 1 105 of 198 1.
On reference under s. 18 of the Act, the District Judge, Sangrur in his judgment dated May 13, 1981 disagreed with the classification and found that all the lands are possessed of the same quality.
Relying on sale deeds, Ex. p 3 dated September4,1972, p 5 dated June 14,1976, p 2 dated February 23, 1977 and p 4 dated July 15, 1977, all small extents, he calculated at an average of Rs. 1300 per Biswa and awarded to the lands belonging to Jaswant Kaur Baldev Singh and Gurdev Singh at the rate of Rs. 1,000 per Biswael finding that their lands are abutting Abadi village and for the rest awarded at the rate of Rs.
Dissatisfied therewith the State filed the appeals and against disallowed claims, the claimants in one batch filed appeals and in another batch filed cross objections.
p3 and p 5 filed by the claimants and Ex.
R 4 and R 6 filed by the State as companyparable instances and calculated the average which worked out at Rs. 750 per Biswa.
The claimants filed these appeals by special leave.
It is seen that the documents in the second batch p top 1 include those filed in the first batch.
p 5 is dated Sept. 4, 1972, in which 20 Biswas of land was sold for Ice Factory.
p10 is dated August 25, 1975, 7 Biswas of land in Dhaula village was sold for Rs. 75,000 which works out at rate of Rs. 1071 per Biswa.
p 7 is dated June 14,.
Ex.p 8 dated June 15, 1977 is for 4 Biswas of land at Dhula road sold for Rs. 4,000 which works out at Rs. 1,000 per Biswa.
p 4 is dated Feb. 23, 1977,3 Biswas of land in the heart of the town Dhuri was sold for Rs. 6,000 which works out to Rs.
WITH A. Nos. 8634 to 86 58/83 and 8660 62/83, 8665 to 8669/83 and 8671 72/ 83 Prem Prasad Juneja and R.S. Sodhi for the Appellants.
M. Singh for G.K. Bansal for the Respondents.
Hence they are disposed of together.
appellants claimed at the rate of Rs.
30.000 per Bighabut Land Acquisition Officer after classifying the lands into six blocks A to F, awarded market value ranging between Rs.
30,000 to Rs.
6,000 acre.
800 per Biswa with statutory solatium at 15 and interest of 6 per annum on enhanced companypensation.
The learned Single Judge relied on Ex.
He found that the lands are possessed of potential value for further building purposes.
Therefore, he carved out belting at a depth of 100 ft. from the main road to those lands, deducted 1/3rd towards developmental charges and awarded the market value at the rate of Rs. 750 to the land situated abutting to the main road to the depth of 100 ft. and for the balance lands at the rate of Rs.500 per Biswa.
The Division Bench companyfirmed the judgment of the learned Single Judge.
In the first batch numberwitness has been examined, but in the second batch witnesses were said to have been examined in proof of these documents but their evidence was number made part of the record.
Equally of the sale deeds.
It was situated in the town itself.
The price fetched therein was Rs.
20,000 Therefore, it worked out at the rate of Rs. 1,000 per Biswa.
1976,3 Bighas 16 Biswas of land situated at Dhularoad side was sold for Rs. 4,500 which works out at the rate of Rs. 1285 per Biswa.
2,000 per Biswa.
370 per Biswa.
This land is away from the town and also from the acquired land.
24,000 working out at the rate of Rs. 1,600 per Biswa.
Based thereon it was companytended that Ex. p 9 fetches the highest market value and is nearer to the date of numberification and would offer companyparable price.
The High Court ought to have fixed market value at that rate.
The next companytention is that the sale deed Ex. p 9 by which 15 Biswas were sold for Rs. 24,000 which works out at the rate of Rs. 1,600 per Biswa and whether this hiohest price should be given to the appellants.
view of this companyrt.
In Smt.
Kausalya Devis case supra , this companyrt numbered that large extent of land in the developed Aurangabad town was acquired for Medical College, accepted the principle of average worked out by the reference companyrt, varying between Rs. 5.00 per sq. yard and this companyrt ultimately fixed the market value at the rate of Rs. 1.50 per sq.
The Judgment of the Court was delivered by RAMASWAMY, J. The companymon questions of law arose for decision in these appeals.
Others 1977 1 SCR 329 Administrator General of West Bengal v. Collector Varanasi AIR 1988 SC 943 and Special Tehsildar Land Acquisition v. A Mangal Gowri 1991 4 SCC 218.
535 D E CIVIL APPELLATE JURISDICTION Civil Appeal No. 8670 of 1983.
Notification under s. 4 1 of the Land Acquisition Act 1 of 1984 was published in the Punjab State Gazette on January 27, 1978 acquiring 89 acres 4 canals and 12 marlas of land situated in Dhuri village for public purpose, namely to set up new Mandi Township.
The State appeals were allowed and of the claimants and cross objection were dismissed.
In Collector of lakhimppurs case supra , this companyrt accepted the principle of average, but however, rejected the small extent of the lands arid enhancement based on the average at Rs. 15,000 per Bigha was reduced to Rs.
10.000 per Bicha.
In Administrator General of West Bengals case supra this companyrt upheld rejection of the small plots of lands and accepted two sale deeds of large extent working out the average rate at Rs.
| 1 | train | 1993_828.txt |
Appeal from the Judgment and Decree, dated the 12th May, 1949, of the High Court of judicature at Allahabad Seth, Agarwal and Wanchoo JJ.
No. November 18.
The plaintiff is the vendee and the second and third defendants, who appeal, are subsequent purchasers.
The plaintiffs case is that on that date the Nawab agreed to sell the plaint property to him for Rs.
The plaintiff states that the appellants had numberice of his prior agreement.
The appellants case is that the plaintiffs so called agreement of 7th February, 1942, was number a companycluded one as the parties never reached finality.
They raised a number of other defences such as misrepresentation and fraud, an agreement with the Nawab prior to that ,of the plaintiff, lack of knowledge of the plaintiffs agreement and so forth.
The plaintiff said the appellants paid the Nawab, Rs. 72,000 and number Rs.
The plaintiff founds on a companytract which the defendants deny.
The second is that the Nawab gave the plaintiff a receipt on that date for this money.
On the companytrary, the plaintiffs letter, dated 22nd April, 1942, Ex. 25 calls upon the Nawab to companyplete the companyveyance as agreed to and the plaint is to the same effect it says numberhing about a warranty.
K. Dar Ram Kumar and B. S. Shastri, with him for the appellants.
S. Pathak G. C. Mathur, with him for respondent Jagdish Chandra for the Custodian of Evacuee Property.
The judgment of the companyrt was delivered by BOSE J. The vendor is the first defendant I whom we will call the Nawab as that is how he has been referred to in the companyrts below He is number in Pakistan and his property has been taken over by the ,Custodian, U. P. The only question which we are asked to decide here, except for certain subsidiary matters, is whether the agreement of 7th February, 1942, was a companycluded one.
62,000 and accepted Rs. 10,000 as earnest money the same day.
Later, namely on 4th April, 1942, the Nawab sold the same property to the appellants for a sum of Rs. 72,000.
The learned trial judge held, among other things,, that there was numberconcluded companytract and so dismissed the.
In the High Court the appellate Bench which heard the appeal differed.
Harish Chandra J. held that the parties reached finality while Kaul J. differing from him agreed with the trial companyrt and held they had number.
The matter was accordingly referred to, a Full Bench of three Judges.
All three held that there was a companycluded companytract.
The fears of the parties regarding the Custodian, U. P., were justified, for he refused to companypromise and claimed the Rs.
He must therefore prove it.
The initial burden is on him.
He relies on two facts in the plaint.
The first is that he paid a sum of Rs. 10,000 to the Nawab on 7th February, 1942, by two cheques.
The Nawab accepted this money and cashed the cheques and the money went into his own account in his bank.
62,000 for the companytract of sale of the plaint property through Babu Chhater Sen and executed a receipt.
1 N. C. Jain.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 86 of 1950.
in First Appeal No. 410 of 1943, arising out of the judgment and Decree, dated the 28th April, 1943, of the Court of the first Civil judge of Meerut in Original Suit No. 4 ,of 1942.
1953 This appeal arises out of a vendees suit for specific performance of a companytract of sale dated 7th February, 1942.
But all those positions were abandoned in this companyrt and the only point argued, aside from certain subsidiary ones with which we shall deal later, was whether the parties reached finality on 7th February, 1942.
In view of this, the appeal was allowed and the plaintiffs suit was decreed on companydition that the plaintiff deposit Rs.
62,000 to companypensate them for the Rs 58,000 which they said they had paid to the Nawab for their subsequent purchase and for the loss of the property.
7th February, 1942.
| 0 | train | 1953_59.txt |
Being aggrieved by the said judgment and companyviction, the appellant preferred an appeal before the High Court of Judicature at Allahabad, Lucknow Bench.
Not being satisfied with the said reduced companyviction, appellant has preferred this appeal.
This Court on 8th of August, 2003, while issuing numberice on the S.L.P. also issued numberice to the appellant why the sentence awarded by the High Court should number be enhanced .
He also pointed out that the maternal uncle of the appellant had a fight with the appellant it is because of this background a false companyplaint was lodged against the appellant and others.
Leave granted.
The appellant and one Kamlesh were found guilty of an offence punishable under Section 365/511 read with Section 149 IPC for which learned 6th Additional Sessions Judge, Lucknow awarded two years rigorous imprisonment to the said accused.
He directed both the sentences to run companycurrently.
4,000/ for an offence punishable under Section 365/ 511 read with Section 149 and for offence under Section 147 the sentence of imprisonment was reduced to the period already undergone and fine of Rs. 1,000/ was awarded.
Arising out of S.L.P. Crl. 2346 of 2003 SANTOSH HEGDE, J. Heard learned companynsel for the parties.
When this appeal came for preliminary hearing.
Trial Court sentenced the appellant on 31st of May, 1988 and the High Court released the appellant on the 8th of July, 1988.
| 0 | train | 2004_1125.txt |
A separate show cause notice was issued for payment of interest and penalty.
It is in the abovesaid background the appellant claimant has companye forward with this appeal.
At the very outset, it is required to be stated that the appellant claimed himself to be the adopted son of the deceased Jeet Singh Ajit Singh.
According to the claimant the deceased Jeet Singh Ajit Singh was employed as Truck Driver by the second respondent herein to drive truck bearing No. DL IG 8255.
It is stated that in July 2002 the deceased Jeet Singh Ajit Singh was assigned the duty of driving the abovesaid truck in companynection with the trade and business of the second respondent from Delhi to Nimiaghat, that on 17.07.2002 when the vehicle reached near about the destination Nimiaghat, District Giridih, the deceased suffered a health set back and therefore he parked the vehicle on the road side of a nearby hotel.
It is further stated that immediately after parking the vehicle he fainted and the persons nearby took him to the hospital where the doctors declared that he was brought dead.
An FIR was stated to have been lodged with the police and thereafter the postmortem was companyducted at Civil Hospital, District Giridih.
In the abovesaid background the appellant preferred the application before the Commissioner of Workmens Compensation, Delhi companytending that the death of the deceased was in the companyrse of his employment with the trade and business of the second respondent and that his death was due to stress and strain while driving the said truck companytinuously over a period of time.
The age of the deceased was stated to be 45 years at the time of his death.
Appellant also claimed interest 12 p.a from the date of accident till realization apart from claiming penalty.
The claim of the appellant was resisted by the first respondent substantively on two grounds.
In the first place it was companytended that the appellant had numberlocus to file the claim petition inasmuch as he was number a dependant.
Before the Commissioner the biological father of the appellant examined himself as a witness who was cross examined on behalf of the respondents.
One Anil Sharma s o the second respondent gave evidence on his side who was cross examined by the companynsel for the appellant.
Fakkir Mohamed Ibrahim Kalifulla, J. Leave granted.
The Workmens Compensation Commissioner determined the companypensation payable to the appellant herein in a sum of Rs.2,20,280/ along with another sum of Rs.2500/ as funeral charges under Section 4 4 of the Workmens Compensation Act.
The said truck was insured with the first respondent herein.
It was further claimed that at the time of his death the deceased was drawing wages at the rate of Rs.3091/ per month apart from a sum of RS.50/ per day as allowances and in all a sum of Rs.4591/ per month.
It was then companytended that the death of the deceased was due to natural causes and that there was numberCAUSAL CONNECTION between the death of the deceased and that of his employment.
The specific stand of the first respondent was that the deceased was an unmarried person, that on that day he was number driving the vehicle and that one Bhure Singh s o Dharam Pal Singh was driving the truck in question and that numberaccident took place.
The jurisdiction of the Commissioner was also questioned.
On behalf of the first respondent one A.B. Dutta was examined.
Santokh Singh regarding the age and name of the deceased and AW1/R is the Adoption Deed.
His bringing up is being done by me and I am planning to send him to school.
For the interest of his health and medication I myself do care.
Parampal Singh is a very obedient boy and he always remains obedient to me and show me utter respect.
I always have a great affection for him.
I want that whatever I leave behind be owned by Parampal Singh.
I, in the presence of all respected persons and Panchayat, adopt Master Parampal Singh as my son and in the ceremony goods and sweets are distributed for the happiness of one and all.
Adoption Deed is reduced in writing for the purpose of proof.
First party Second party Ajit Singh LTI Sd Sd Gurbax Singh Nirmal Kaur Sarpanch 15/2/1999 Sd Gram Panchayat Seal Stamp Dhariwal Kalan Witnesses Witnesses Sd Nishan Singh Tarsem Singh S o Dayal Singh S o Bawa Singh Vill Chhina Retwala R o Dhariwalkalan 15/2/1999 Sd Karnail Singh Nambardar Vill Kallu Sohal At the time of writing of this Adoption Deed there were 15 20 persons present.
Those who were present were known to me.
This Adoption Deed was written by SARPANCH OF THE VILLAGE Shri Gurbux Singh.
At the time of writing of this Adoption Deed numbermantra ceremony was done.
Adoption Deed exbt.
On merits to retrace the facts, the deceased Jeet Singh Ajit Singh was employed as truck driver by the second respondent.
The deceased was driving the said truck in companynection with the companymercial transport operation of the second respondent from Delhi to Nimiaghat on 17.07.2002.
The deceased was removed to a nearby hospital where the doctors declared him brought dead.
This appeal is directed against the judgment of the High Court of Delhi passed in FAO No.184/2005 dated 23.05.2007.
The said appeal before the High Court arose out of an award passed by the Workmens Compensation Commissioner in its order dated 29.12.2004 in WCD/113/NWD/02.
The respondent herein preferred the abovesaid appeal in FAO No.184/2005 in which the High Court passed the impugned order setting aside the order passed by the Commissioner.
| 1 | train | 2012_754.txt |
It was amended on September 7.
No. 14/41/81 By another numberification No. 5/5/67 RC 8, the State of Goa in exercise of the powers under Section 10 of the Local Sales Tax Act, Amended the Second Schedule to local Sales Tax Act, inter alia, inserting Entry No. 77 which speak of drugs and medicines, including all I.V. Drips.
They also filed revised sales tax returns for the assessment periods, 1.1.1985 to 31.12.1985 and 1.1.1986 to 31.12.1986.
However, despite these two letters, numberaction was taken by the state of Goa a regards the claim for refund of the Central and local sales tax companylected in excess.
They further companytended that after the admission of the writ petition, the Assistant Sales Tax officer made order dated December 24, 1987 for the period companymencing on 1.1.1983 and ending on 31.12.1983.
Thereupon, the assessee company filed a writ petition challenging the decision of the Assistant Sales Tax Officer, the companytention of the assessee was that the assessment orders should be set aside and it was entitled to the refund of the tax paid under mistake of law and companylected by the State without the authority of law.
The questions were a whether the products manufactured by the petitioners and listed in the paragraph 2 and 4 of the petition are drugs and medicines within the purview of the aforesaid Notification No.
RC 8 and Whether the petitioners are entitled to the refund sought After a long discussion about the nature of the products of the assessee company and after referring to Pharmaceutical Codex incorporating the British Pharmaceutical Codex, the meaning given to drugs and medicines in Drugs and Cosmetics Act and also to the under standing of the phrase drugs and medicines by the excise authorities, and several affidavits filed on behalf of the assessee, the High Court came to the decision that the products manufactured by the assessee company had to be treated as drugs and medicines and the writ petition was entitled to succeed.
Under this licence, the assessee was entitled to produce inter alia Zinc Oxide Adhesive Plaster B.P.C. Leukoplast , Surgical Wound Dressing Handyplast Balladona Plaster P.C. Capsicum Plaster B.P.C. and Cotton Crape Bandages P.C. Leukocrapes .
The aforesaid goods or products were liable to local sales tax as well as Central sales liable to local sales Tax as well as Central sales tax and prior to 1.11.1981, the rate of 6 per cent and under Section 8 2A of the Central Sales Tax Act, the rate of Tax was 4 per cent.
By the numberification Fin RC , dated 28.8.1981, drugs and medicines were exempted from the levy of local sales tax in excess of 3 per cent and thus, according to the assessee companypany, as a result of this exemption, the Central Sales Tax leviable under Section 8 2 A of the Central Sales Tax Act was also reduced to 3 per cent.
The assessee company, however, has been paying Central Sales Tax at the rate of 4 per cent on the sale of the goods and also local sales tax at the rate of 6 per cent goods and also local sales tax at the rate of 6 per cent from 1.11.1981 to 1.4.1987.
By the aid numberification, the goods were totally exempted from levy of the local sales tax and companysequently.
The Sales tax from 2.4.1987 on the above mentioned products or goods manufactured by the assessee Company.
They further prayed for refund of the duty paid in excess of local and Central sales tax levied and companylected as a result of the Sales tax assessment which had been companypleted.
They further prayed for the companypletion of the assessment proceedings which were still pending for the subsequent periods, that is, from 1.1.1983 to 31.12.1986.
The Court formulated two questions which had to be decided in the write petition.
On behalf of the State, however, it was companytended that the products were number drugs and medicines and as such numberquestion of refund of tax paid did arise.
There was a second writ petition in which the disputed was in respect of entitlement to refund of tax payable under mistake of law.
With Civil Appeals Nos. 2462 63 of 1988 J U D G M E N T SEN,J. Leukoplast India Limited, the assessee company was granted a licence by the Drugs Controller under the Drugs and Cosmetics Act, 190. 1987 Further, the case of the assessee is that the sales tax payable from 1.11.81 to 1.4.87 was at the rate of per cent only and as such by two letter both dated 3.4.1987, they pointed out to the Sales Tax Officer that the goods in question were drugs and medicines, and on and from 1.11.1981 to 1.4.1987 the said goods were liable to local and Central sales tax at the rate of 3 per cent.
He rejected the claim for refund, applying the doctrine of unjust enrichment.
| 1 | train | 1997_1318.txt |
R. Krishna Iyer, J. These two appeals by special leave relate to the same subject matter, namely, the validity of the selection to the Bar Council of Madhy Pradesh of twenty returned candidates.
| 1 | train | 1977_311.txt |
No. 416/1962 , and respondent in C.A. No. 417/62 .
These appeals arise out of a suit brought by a firm called the Modern Cultivators against the State of Punjab to recover damages for loss suffered by flooding of its lands as a result of a breach in a canal belonging to the State of Punjab.
The State of Punjab companytends that it had numberliability forthe loss caused by the flooding.
The breach and the floodingof the plaintiffs lands are number number denied.
In regard to the appeal by the Modern Cultivators I have numberhing to add to what has been said by Hidayatullah J. In its appeal the State of Punjab first companytended that the plaintiff companyld number succeed as it had failed to prove that the breach had been caused by the defendants negligence.
grown by the plaintiff firm were damaged.
The plaintiff brought this action alleging that the breach in the bank was caused by negligence on the part of the canal authorities who were guilty of further negligence in number closing the breach without delay.
T. Desai, Hardayal Hardy and J. P. Agarwal, for the, respondent in C.A. The following Judgments were delivered by the Court.
SARKAR J.I agree with the orders proposed by my brother Hidayatullah.
Both the Courts below have held in favour of the plaintiff but the High Court reduced the amount of the damages awarded by the trial Court.
The Modern Cultivators companytend that the High Court is in error in reducing the amount of the damages.
For the reasons mentioned by him I agree that the damages had been companyrectly assessed by the trial Court.
I am unable to accept this companytention.
The trial Court inferred negligence against the defendant as it had failed to produce the relevant documents and with this view agree.
The defendant had produced numberdocuments to show how the breach was caused.
The trial judge passed a decree for Rs. 20,000 against Government, but it was reduced by the High Court to Rs.
V. Viswanatha Sastri, Gopal Singh and R. N Sachthey, for the appellants in C.A. Both parties have appealed to this Court.
These two cross appeals have thus been filed by the rival parties by special leave of this Court.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
416 and 417 of 1947.
Appeals from the judgment and decree dated May 1, 1956, of the Punjab High Court in Regular First Appeal No. 45 of 1950.
No. 416 of 1962 and appellants in C.A. No. 417 of 1962 .
May 8, 1964.
It had been asked by the trial Court to do so by an order made on May 12, 1949 but failed to produce them.
| 0 | train | 1964_42.txt |
M. Kasliwal, J. Election for the Morena Legislative Assembly Constituency in State of Madhya Pradesh was held on 27.2.1990.
Sewaram, the appellant before us having secured 25,509 votes was declared elected.
Sobaran Singh, the respondent in this appeal being one of the defeated candidates having secured 19,055 votes filed an Election Petition under Sections 80 and 84 read with Section 100 of the Representation of the People Act of 1951 hereinafter referred to as the Act challenging the election of Sewaram.
The details of the subsisting companytracts with the Government were given as under in paragraph 4 of the Election Petition A companytract with M.P. Government through the Managing Director, M.P. Industrial Area Development Corporation Ltd., Gwalior for companystruction of W.B.M. Road in Industrial Estate, Malanpur, Distt.
The work order was issued on 29.12.88 and the date of companypletion mentioned in the companytract is 28.3.90.
Another companytract with M.P. Government through the same authority mentioned in the above clause No. a for the companystruction of W.B.M. Road in Industrial Estate Malanpur Distt.
The work order was issued on 10.11.89.
The Industries Department of the M.P. Government is the real owner and companytroller of these Corporations.
The total finances and assets of these Corporations belong to the Government of M.P. In brief, these companyporations are Government Corporations.
No. 2/87 88 is for Rs.
The work order No. 2477 was issued on 16.4.87 by the Executive Engineer of P.W.D. of M.P. The aforesaid work is undertaken and carried on by Madhya Pradesh Public Works Department under M.P. Words Department Manual of 1983 published in M.P. Government Gazette Extraordinary dated 20.1.84.
The ground for challenge was based on the allegation that on the date of filing the numberination paper on 1.2.1990 and declaration of the result of the election on 28.2.1990, Sewaram was having companytracts entered with the Madhya Pradesh Government subsisting and as such he was disqualified under Section 9 A of the Act.
Bhind of M.P. The companytract is for Rs. 51 lacs.
Under this companytract, the 10th running bill of Rs.
1,63,805 is paid on 10.2.1990 and the companystruction work is still incomplete and being carried.
This companytract is for Rs.
55 lacs.
The work under this companytract is still being carried on.
Its functions are akin to the Public Works Department of M.P. A companytractual agreement with the Governor of M.P. for development, improvement and maintenance of the Main Road between Bus stand of village Rayroo and Gwalior in Distt.
Gwalior M.P. This agreement 37,96,500.
The running bill for Rs.
The work under this companytract is still companytinuing.
The Central Public Works Department has numberhing to do with the impugned companytract.
As such, it was also denied that the companytracts with the said Company can be termed as companytracts with the appropriate Government, in terms of Section 9 A of the Act.
This business was carried on in his individual capacity up to 31.3.1988.
On 1.4.1988, he interred into a partnership for his work companytracts with the Indian Railways at Kolaras by duly executing a deed of partnership.
The firm was named as M s. Sewaram Gupta.
It was also submitted in the reply that on 1.4.1989 he put his work companytract with the M.P. PWD National Highways, Gwalior and the first companytract with MPAKVN, in the aforesaid firm M s. Sewaram Gupta.
The second companytract with MPAKVN was also put in the aforesaid firm of M s. Sewaram Gupta on 24.10.1989.
The work business of the aforesaid three companytracts was carried on by the said partnership firm through him.
It was further submitted in the reply that on 31.12.1989, he made up his mind to companytest the election of the Morena Assembly Constituency and.
as such opted for a ticket from the Bhartiya Janta Party.
He, therefore, decided to and retired from the aforesaid partnership firm by executing necessary documents.
But, since the aforesaid works companytracts were at advanced stages, he made alternate arrangements with one Shri Patiram Gupta, who was also a registered companytractor with M.P. PWD and the said MPAKVN to undertake and companyplete the said works.
An agreement to this effect was duly executed between him and Shri Patiram Gupta on 31.12.1989 and duly got numbered by a Notary Public.
He also retired from the aforesaid partnership firm by duly executing a deed of dissolution on 31.12.1989.
As per the provisions of the National Highway Act and related provisions of Law, the road is under the M.P. Government.
It was also submitted in the reply that he had been carrying on the companystruction business by taking companytracts.
In the facts of that case this Court accepted that a letter was written on 30.11.1979 to the companycerned Executive Engineer stating that he was closing the said companytract.
2,22,416/87 P. is paid in the month of March, 1990 by a cheque issued by the Public Works Department of M.P. It was submitted that the said Nigam is a Limited Company incorporated under the Companies Act, 1956 and as such is an independent and sovereign body companyporate with perpetual succession, seal and power to hold and manage its own property.
the appellant and the first respondent were candidates for election in February, 1967 from the Yadagiri companystituency which was won by the first respondent.
The High Court dismissed the election petition.
Dismissing the appeal this Court held that after the letter, the companytract came to an end by breach and was numberlonger subsisting.
| 0 | train | 1992_403.txt |
Lands and buildings owned by the Central Government, State Government, Municipal Corporation of Mumbai, Mumbai Port Trusts, lands and buildings vested in MHADA, lards and buildings of the Public Trusts exclusively occupied for worship or educational purposes and those vested in or leased to a companyperative society, buildings exclusively in occupation of the owner, buildings exclusively used for number residential purposes and some other properties as mentioned in section 83 were exempted from this requirement of paying the cess.
Regulation 33 7 to which these cases relate provided for reconstruction or re development of cessed buildings in the island city by companyperative housing societies or of old buildings belonging to the Corporation.
The Study Group had submitted its reply to the State Government in July 1997 leading to amendments in the year 1999.
After detailed deliberations held over a large number of meetings, in July, 1997, the Sukhtankar Committee submitted its report to the Government.
Dr. ARIJIT PASAYAT, J. Leave granted.
It also directed that certain site space has also to be provided.
Several parties intervened in the matter.
Two of them were the property owners.
One of the interveners was Property Redevelopers Association.
Intervener No.6 was an Architect by profession who supported the petition while others opposed the petition.
Earlier, a Division Bench of the High Court rendered a judgment on 17.10.2005.
The Division Bench accepted number of grievances and amongst others appointed a few Committees to look into some such aspects which according to it had relevance for the issues highlighted in the petition.
The parties shall be permitted to place their respective stands before the High Court.
Rents received by the landlords were found very much insufficient for them to carry out repairs.
A cess was to be companytributed by the tenants of the private buildings known as Mumbai Building, Repairs and Reconstruction Cess under Section 82 of the said Act.
On 25.3.1991 the Regulations were numberified for greater Mumbai.
This amendment was brought about after a report was submitted by Study Group under the Chairmanship of Shri D.M. Sukhtankar, former Municipal Commissioner who was respondent No.4 in the writ petition.
It was further submitted that there are numberguidelines under the Regulations to lay down as to who are the tenants or occupiers who are eligible to be protected under the Regulations.
Numbers of instances were cited.
It was submitted that builders and developers and people with money and muscle power were dishousing genuine tenants occupiers.
The numbers of tenants occupiers were being inflated by creating bogus tenancies to claim extra FSI.
Whenever 70 of the tenants occupiers of such buildings came together alongwith their landlords for redevelopment of their properties, they were entitled to get extra FSI.
This will provide houses with minimum 225 sq.ft.
Many of them are otherwise cramped in still smaller tenements.
The benefit companyld number be restricted only to the old and dilapidated buildings.
There was numbersuch restriction companytemplated under Regulation 33.
The High Court while upholding the validity of Regulation 33 7 accepted some of the prayers of the writ petitioners which are led to the filing of the appeals.
These persons were number impleaded.
on the other, it was impossible for the landlords to carry out repairs to the buildings.
It was applicable only to the island city of Mumbai and number to the suburbs.
These cessed buildings were divided into the following three categories under section 84 of the MHAD Act.
It was a temporary Act for ten years.
The said 1969 Repairs Act was replaced by the Development Act, which companysolidated various Acts, including the said 1969 Repairs Act, which was inserted into Development Act as Chapter VIII with modifications.
Collection of Cess companytinued under the Development Act.
Basic objective of Chapter VIII of said Act was to carry out structural repairs to the cessed buildings and if they were beyond economic repairs to acquire and reconstruct.
The redevelopment was to be subject to the provisions of the said Act i.e. Development Act.
Challenge in these appeals is to the judgment of the Bombay High Court which while holding that Regulation 33 7 of the Development Control Regulations, 1991 in short the Regulations for the city of Mumbai as amended in the year 1999 does number suffer from any illegality, further observed that the same applies only to dilapidated buildings of A category which satisfy the requirement and those declared prior to the monsoon of 1997 under 3rd proviso are companyered under Regulation 33 7 and are entitled to extra Floor Space Index in short FSI .
One was the Property Owners Association and one claimed to be a tenant in pre 1940 building.
One of the interveners filed an appeal relatable to Special Leave Petition C No.1376 of 2006 and others also filed appeals.
By order dated 14th July, 2006 this Court disposed of the appeals inter alia with the following observations The High Court has number dealt with the basic issues raised in the petition, i.e. as to whether the amended Regulation 33 7 suffered from any infirmity.
XLVII of 1969 .
One of the main reasons for this large number of unattended buildings has been the freezing of the rent under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 the Bombay Rent Act for short .
| 1 | train | 2008_1360.txt |
A. Peerbhoy, J. B. Dadachanji and Rajinder Narain for the appellant.
May 6.
The appellant was tried and companyvicted by the Special Judge, Warangal, for various offences under the Hyderabad Penal Code.
two learned Judges of the High Court, who heard the appeal, differed, Manohar Pershad J. upholding the companyvictions, and the sentences and M. S. Ali Khan J. acquitting the appellant.
The occurrence which led to the prosecution of the appellant took place on September 13,1948, which was the beginning of the first day of Police action in Hyderabad.
The appellant searched for the three persons who had run away.
The appellant seeing that Mora Muthiah was number dead, shot him in the chest and killed him.
The appellant stayed at the house of one Maikaldari in the village and spent the night there.
Maikaldari and one Berda Agiah P.W. 8 both asked the appellant why he had arrested P.W. 3 and P.W. 4, for they were number Congress men.
Upon this the appellant released them.
The prosecution story proceeds that the father P.W. 1 of the deceased saw the appellant in the night of the 13th September and asked him why he had killed his son.
The appellant without saying more advised him to cremate the dead body.
Four months later the appellant went and ,stayed at the Government bungalow Korivi, sent for P.W. I and offered him Rs.
The appellant denied having zone to the village in question or having companymitted any of the offences attributed to him.
He stated that he was posted at Mahbubabad in order to stop the subversive activities of the companymunists and that the witnesses being companymunists had falsely implicated him.
The First Information Report was lodged on April 14,1949.
The appellant was prosecuted and the charge sheet submitted against him on October 30, 1949.
The charge was framed by a Munsiff Magistrate who companymitted the appellant to the Sessions.
As already ,stated, the learned Special Judge companyvicted and sentenced the appellant and his companyvictions and sentences were upheld by a majority of two Judges.
Porus A. Mehta and P. G. Gokhale for the respondent.
J. These companyrespond to sections 302, 307, 347 and 384 of the Indian Penal Code, the sentences awarded under the first two sections respectively being death and life imprisonment, and separate sentences of two years rigorous imprisonment under the latter two.
The appellant, who was Reserve Inspector of Police stationed at Mahbubabad at the material time, according to the prosecution story, visited two villages Rajole and Korivi accompanied by a number of Razakars and the Police.
He arrested Janaki Ramiah P.W. 5 and Nerella Ramulu P.W. 9 at Rajole and took them to Korivi.
Outside this village in the waste land he spotted four men going to their fields and shot at them with his gun.
The deceased Mura Muthiah and Somanaboyanna Muthandu P.W. 2 were injured in the knee, while the other two Kotta Ramiah P.W. 3 and Kancham Latchiah P.W. 4 were uninjured.
The latter two hid themselves behind the babul trees.
P.W. 2 also ran away and hid himself in the bajra fields a few yards away but the deceased remained where he fell.
He caught P.W. 3 and P.W. 4 and brought them to the spot where the deceased was lying but he companyld number trace W. 2.
The whole party companysisting of P.W. 3, P.W. 4, P.W. 5 and P.W. 9 then went to Korivi village.
P.W. I borrowed wood from the people and cremated the body.
200/ as hush money for number disclosing the offence.
The offer was refused.
P.W. 3 and P.W. 4 who had been released told the father of P.W. 2 next morning that his son was lying injured in the bajra field.
He went and had P.W. 2 removed to the hospital where his injuries were attended to.
On the same morning the appellant, who had detained P.W. 5 and P.W. 9 in custody, asked them to pay Rs.
200/ when they would be released.
P.W. 5 went with a companystable to the house of P.W. 6 and P.W. 7 and borrowed Rs.
100/ from each of them.
On this being paid he was released.
P.W. 9 was unable to pay any money and he was let off.
The defence was a denial of the offence.
He produced witnesses in defence.
This delay was due to the disturbed companyditions prevailing at the time and does number affect the truth of the story.
Then outside the village seeing the deceased, P.W. 2, P.W. 3 and P. W. 4 he shot at them.
He shot him in the chest and killed him.
He released P. W. 3 and P. W. 4 on the intercession of certain persons but kept W. 5 and P. W. 9 in wrongful companyfinement and released them only next morning after extorting Rs. 200 from P. W. 5.
The witnesses on the point of extortion are P.W. 5 and P.W. 9.
The third learned Judge, A. Srinivasachari J., on reference which was Occasioned by the difference of opinion agreed with Manohar Pershad J. Leave to appeal to this Court was granted by the two agreeing Judges.
These two witnesses are also witnesses to the fact of murder, in addition to the other three witnesses, P.W. 2, P.W. 3 and P.W. 4.
This finding was accepted by both the learned agreeing Judges.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 82 of 1953.
Appeal under article 134 1 c of the Constitution of India from the Judgment and Order dated the 16th August, 1953, of the High Court of Judicature at Hyderabad in Criminal Appeal No. 1557/6 of 1950, arising out of the Judgment and Order dated the 16th October, 1950, of the Court of Special Judge, Warangal, in Case No. 28/2 of 1950.
The Judgment of the Court was delivered by GHULAM HASAN
| 0 | train | 1954_42.txt |
february 10.
on july 28 1960 the central government published a numberification bearing number s. 0.
the petitioners have stated in their respective petitions that in companysequence of the issue of the aforesaid numberification they are precluded from carrying on any mining operations in the respective companylieries and that the central government is entitled to acquire mining rights in the area covered by the numberification within a period of two years from the date of numberification or within such further period number exceeding one year as the central government may specify by numberification in the official gazette.
in its application the petitioner it may be stated did number apply for opening new mines.
original jurisdiction petitions number.
petitions under art.
32 of the companystitution of india for enforcement of fundamental rights.
b. das k. choudhoury balbhadra prasad singh and i. n. shroff for the petitioners.
c. setalvad attorney general of india b. sen and r. dhebar for the respondents.
the petitioners have companye up to this companyrt under art.
repeated reminders were sent subsequently but there was no reply to any of them either.
241 and 242 of 1960.
the judgment of the companyrt was delivered by mudholkar j. the petitioner in w. p. 241 of 1960 messrs. burrakur companyl company limited and the petitioner in w. p. 242 of 1960 messrs. east india companyl company limited claim to have acquired mining rights in two blocks in mouza sudamdih and mouza sutikdih respectively situated in dhanbad district in the state of bihar.
1927 under s. 4 of the companyl bearing areas acquisition and development act 1957 number 20 of 1957 stating its intention to prospect for companyl in an area approximately five sq. miles which includes sudamdih companyliery aud sutikdih colliery.
an application was made by the petitioner for reopening the mine on june 5 1957.
| 0 | dev | 1961_8.txt |
A Marag death case was registered on 24th November, 1985, at Serial No. 35/85 at Police Station GRP, Jaipur.
The petitioner relies on the order passed by M.B. Sharma, J. on 20th December, 1985, which is as under 20.12.1985 Mr. M.I. Khan, Public Prosecutor for the State.
It is for the members of the August profession to companysider how far it is justified.
In view of the volatile atmosphere, the petitioner apprehended that he would number get a fair trial in the Criminal Case No. 3/86 pending before the Sessions Judge, Jaipur against him.
By Order dated 4th August, 1986, this Court transferred the trial in the aforesaid criminal case to a Court of companypetent jurisdiction in Delhi.
By judgment and order dated 1st May, 2002, the petitioner was acquitted by the Additional Session Judge, Delhi.
By this time, the petitioner had been under suspension for a period of 20 years.
In the meantime, the petitioner came to know that instead of revoking the order of suspension, the High Court may initiate disciplinary proceedings against him.
Therefore, this Court directed the High Court to companyplete the enquiry within a period of eight weeks and submit its report.
In the Enquiry Report dated 27th February, 2008, the petitioner was exonerated of the charges levelled against him.
In fact on 24th January, 2009, an order was issued on the basis of the resolution passed by the Full Court in its meeting held on 29th November, 2008, wherein it was resolved as under RAJASTHAN HIGH COURT, JODHPUR ORDER No.
On 28th December, 1979, the petitioner was selected by the Rajasthan Public Service Commission R.P.S.C. for the post of Assistant Public Prosecutor Grade II.
On the very next day, i.e. 29th July, 1980, he was selected for appointment to the Rajasthan Judicial Service and joined as Judicial Magistrate First Class.
For sometime, he remained posted at Banswara as Judicial Magistrate.
During this period, his judgments were graded as above average and integrity as beyond doubt.
In the inspection report, it was further remarked that his behaviour with members of the Bar, litigants and the persons companying to the Court needs improvement.
It appears that he was number on best of terms with the local Bar, which led to his transfer.
On 24th November, 1985, at about 10.30 p.m., a dead body was found near Ajmer Pulia on the railway track in the city of Jaipur.
The dead body was identified as that of one Mr. Suresh Chand Gupta, Advocate.
It appears that the local bar association of which the deceased was a member protested that proper investigation was number being companyducted about the manner in which Mr. Suresh Chand Gupta was found dead on the railway track.
The members of the Bar Association insisted that his death was result of some foul play.
On 11th December, 1985, that is about 20 days after the incident, wife of the deceased gave a written companyplaint, alleging that the Petitioner was involved in the murder of her husband.
In her written companyplaint, she alleged that her husband had informed her about three months prior to the incident that the petitioner had demanded a sum of Rs.1 lac for exercising his influence with the high ups, in securing the appointment of the deceased as a member of Board of Revenue.
She claimed that the money which was paid to the petitioner was arranged by her deceased husband by selling a plot of land.
He had also borrowed money from her father and other relatives.
Inspite of having paid the aforesaid money, her husband was number provided any appointment.
Consequently, her husband had been insisting that the petitioner return the amount unnecessarily paid to him.
She claimed that the petitioner had agreed to return the money and asked her husband to meet at a pre arranged place.
She, therefore, companycluded that the petitioner must have killed her husband on account of the dispute over money.
The decision was deferred to await the result of the appeal, if any, preferred against the acquittal of the petitioner.
On 8th May, 2006, it was brought to the numberice of this Court that after filing of the writ petition, the High Court has initiated the departmental proceedings against the petitioner, but numberfresh order of suspension has been passed.
This Court issued numberice on the Writ Petition and also on the application for ex parte stay.
The matter was heard by this Court on a number of occasions.
The petitioner also claims a declaration that the order dated 24th January, 2009 is void and that the petitioner is entitled to all benefits for the period of suspension from 20th December, 1985 till 26th March, 2008, when he was reinstated in service.
He served on the said post till 28th July, 1980.
Her husband left home at 5.00 p.m. on 24th November, 1985 and did number return.
Upon companying to know about the companyplaint made by the wife of the deceased, the petitioner himself went to the Police Station on 18th December, 1985 and offered to join the investigation.
The situation was so grave that when the application of the petitioner for anticipatory bail came up for hearing before the High Court on 20th December, 1985, members of the Bar Association did number allow the advocate of the petitioner to argue the case.
The bail application was fixed for orders at 2.00 p.m. and the Public Prosecutor had sought time to get the case diary from the Investigating Officer.
The case is adjourned to January 2, 1986.
Sd Sharma, M.B. Thereafter, the High Court was closed for winter break on 21st December, 1985.
He was placed under suspension on 22nd December, 1985 w.e.f.
20th December, 1985.
Since the petitioner had already been arrested, the anticipatory bail application was dismissed as having become infructuous on 2nd January, 1986.
| 0 | train | 2012_491.txt |
A revision petition was filed in the High Court of Madras which was later transferred to the Land Reforms Special Appellate Tribunal, Madras on the companystitution thereof.
Versus The Authorised Officer, Land Reforms, kaacheepuram dated October 27,1993.
SRINIVASAN, J. Leave granted.
It is that order which is challenged in this petition.
According to Section 3 11 , the date of companymencement of the Act means the 15th day of February 1970.
When the Authorities under the Act initiated proceedings to calculate the ceiling area of Govindaswamis family, they included the lands gifted to Sumathi by her grand father.
Section 5 i of the Act provides that the ceiling in the case of every person and the ceiling area in the case of every family companysisting of number more than five members shall be 15 standard acres.
The relevant facts which are number in dispute are as follows The Tamil Nadu Land Reforms Fixation of ceiling on land Act 1961 hereinafter referred to as the Act received the assent of the President on 13th April 1962.
It was amended by the Tamil Nadu Land Reforms Reduction of ceiling on land Act 17 of 1970.
An order was passed by the Assistant Commissioner Land Reforms holding that the family of Govindaswami companysisting of himself, his wife and unmarried daughter had a surplus of 18.178 standard acres and directed Govindasami to declare the same.
On an appeal to the Land Tribunal, the order was companyfirmed in so far as it related to Sumathis property.
The Tribunal dismissed the revision by order dated 14.8.95 holding that the question is companycluded by a judgment of this Court in Civil Appeal No 4419 of 1989 dated 27.10.1993.
| 1 | train | 1998_1060.txt |
Appellant herein is said to have entered into possession of the suit premises in the year 1970.
Indisputably, the respondent No.1 filed a suit being Title Suit No.88 of 1990 in the Court of Munsif, Raghunathpur, District Purulia West Bengal inter alia praying for eviction of the appellant from the suit premises and mesne profit claiming themselves to be the owners and landlords thereof.
Appellant denied and disputed that he had ever been a tenant of Safiqur Rahaman at any point of time.
Have the plaintiffs landlord and tenant relationship with the defendant? Have the plaintiffs served valid numberice u s 106 of the T.P. Act? Have the plaintiffs right, title and interest in the suit property? Are the plaintiffs entitled to get the decree as prayed for? To what other reliefs, if any are the plaintiffs entitled? The plaintiffs have failed to prove the relationship of landlord and tenant in between the plaintiffs and the defendant iv.
The plaintiffs having failed to prove the tenancy are number entitled to a decree.
By a judgment and order dated 31st May, 1995, the learned Appellate Court held that although the plaintiffs have failed to prove the relationship of landlord and tenant by and between them and the defendant or that the defendant had been let into the tenanted premises on leave and license basis, the plaintiffs respondents are entitled to a decree for possession on the basis of his general title.
This finding was, however, reversed by the lower appellate companyrt and number without companyent basis.
B. SINHA, J. Leave granted.
The suit premises is a shop situate in a small town companymonly known as Raghunathpur in the district of Purulia.
He prior to institution of the suit also served a numberice upon the appellant in terms of Section 106 of the Transfer of Property Act asking him to handover peaceful and vacant possession alleging that he had been a tenant therein on a monthly rental of Rs.45/ under his vendor Safiqur Rahaman.
The relationship between them was, thus, denied and disputed.
The learned trial judge having regard to the rival pleadings of the parties framed the following issues Have the plaintiffs any cause of action to bring this suit? Is the suit barred by law of limitation? Is the suit barred by the principle of waiver, estoppel and acquiescence? The learned trial judge opined The plaintiffs have proved to be the owner of the suit property having purchased the same from the admitted owner S.K. Abdul Wahid Molla ii.
The defendant has failed to prove his independent title over the suit property.
Is the suit barred by provisions of the S.R. Act?
Whether a Civil Court can pass a decree on the ground that the defendant is a trespasser in a simple suit for eviction is the question involved in this appeal.
It arises out of a judgment and order dated 17th August, 2006 passed by a learned single judge of the Calcutta High Court in C.O.A. No. 253 of 2006 in RVW No. 2671 of 1996.
Originally, he claimed to have companye into possession in the said premises pursuant to or in furtherance of an agreement for sale entered into on or about 18th March, 1970 by and between him and S.K. Abdul Wahid Molla, the father of Safiqur Rahaman.
The respondents purchased the suit premises from Safiqur Rahaman on 21st July, 1980 by three registered deeds of sale.
The respondent No.1 preferred an appeal thereagainst marked as Title Appeal No. 20/1993.
| 1 | train | 2009_1103.txt |
Arising out of Special Leave Petition Civil No. 16466 of 2001 Venkatarama Reddi, J. Delay companydoned and leave granted in S.L.P. Civil No. 16466 of 2001 filed by the State of U.P. Aggrieved by the judgment of the High Court at Allahabad, the present appeals are preferred by the U.P. Public Service Commission and the State of U.P. Pursuant to an advertisement issued on 31.12.1994 by the U.P. Public Service Commission for Combined State Upper Subordinate Examination, the respondent herein submitted his application as a Scheduled Tribe candidate.
In the Presidential order issued under Article 342 of the Constitution as well as the State Governments numberification, only five tribes are mentioned as Scheduled Tribes.
Therefore, the appellant U.P. Public Service Commission did number send up its recommendation for recruitment of the respondent.
The respondent, therefore, filed the writ petition under Article 226 of the Constitution with a prayer to quash the order of the Public Service Commission dated 1.7.1997 and to direct the respondents in the writ petition to offer the appointment to him.
Thus, the certificate affirms the fact that respondent is a Naga tribal which is a numberified Scheduled Tribe in the State of Nagaland.
He was called for interview for companysideration to the post of History Lecturer in the vacancy reserved for Scheduled Tribes.
In the results published on 14.11.1996, the respondent was declared successful.
This writ petition was allowed by the impugned judgment of the Division Bench of the High Court.
The respondent, pursued his studies in Allahabad.
During the pendency of the writ petition, the genuineness of the certificate issued by the Nagaland authorities was companyfirmed through enquires made with the Nagaland authorities.
At the same time, on 1.7.1997 the Commission intimated to the respondent that his selection was cancelled.
He passed the preliminary and main examination held in June July, 1996.
However, it is the case of the Service Commission that on a recheck of the documents furnished by the respondent, it was found that the Naga tribe to which the respondent belongs is number a recognised Scheduled Tribe in the State of U.P. Based on the certificates issued by the Nagaland authorities, the Tehsildar, Sadar, Chial Tehsil, Allahabad issued a certificate on 18.1.1996 to the effect that the respondent has been accorded recognition as Scheduled Tribe Naga as per the Scheduled Tribes Order of 1970 relating to Nagaland.
It may be numbered that the reservation in favour of Scheduled Tribes to the extent of 2 is provided for by the U.P. Public Services Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes Act, 1994.
| 1 | train | 2003_1091.txt |
appeal by special leave from the judgment and order dated 13th january 1978 of the delhi high companyrt in mics.
for the appellant.
m. tarkunde r. s. malhotra navin anand and s. k. bisaria m. punchhi and p. c. bhartari for the respondent.
the order of the companyrt was delivered by krishna iyer j. we have heard companynsel on both sides.
criminal appellate jurisdiction criminal appeal number 110 of 1978.
main number 767 of 1977 .
| 1 | test | 1978_53.txt |
A writ petition before the Kerala High Court was filed.
The said writ petition was disposed of by an order dated 22nd May 1987 directing The petitioner shall make representations before the Kerala Water Authority detailing their claims within two weeks from this date.
Such representations, if any, shall be companysidered and disposed of by the Authority and the Government after giving the petitioners opportunity of being heard as expeditiously as possible, at any rate within a month from the date of receipt of the representation.
Some of the employees who are said to be similarly situated filed a writ petition.
An intra court appeal against the said judgment was filed by the Authority.
Before the Division Bench of the said Court, an undertaking was allegedly given by the appellant Authority that the said writ petitioners would be appointed on regular basis companysidering their respective qualifications.
Appellants had also filed a writ petition which was disposed of by an order dated 14th July 1998 directing them to file representations, pursuant whereto they filed representations on 14th December 1998.
Final orders shall be passed in accordance with law within a period of four months from the date of production of companyy of this judgment.
Pursuant to the aforementioned direction of the High Court, appellants filed another detailed representation on 08th December 2001.
B. Sinha, J. Leave granted.
Certain observations were made therein.
Pursuant thereto or in furtherance of the said directions, seven persons were appointed in regular posts as unskilled workers upon creation of supernumerary posts to satisfy the judgment of the High Court.
Needless to say Ext.
W.A. is applicable only to the employees of the Kerala Water Authority who were recruited through Employment Exchange as per Rule 9 a i and who were companytinuing on the date of judgment i.e. 19.9.1990.
The petitioners were only engaged in daily wages for doing some particular works and they were disengaged on companypletion of that work.
They were number appointed to any sanctioned posts, they were number treated on par with CLR workers in the matter of payment of salary etc.
As per the decision of the Honble High Court Division Bench the HR workers are number entitled for regularisation re instatement in service.
In the above circumstances the request of the petitioners to quash the Ext.
P7 seems numberconsideration.
The view taken by this Court, in giving effect to the judgment of the Supreme Court in Jacobs is that regularisation of workers is possible only in those cases where the workers were in service on the date of the Supreme Court Judgment, i.e., 19.9.1990.
Posts in the Kerala Water Authority have since been brought under the Kerala Public Service Commission Consultation Regulations.
It was companytended that for the purpose of their appointment it was number necessary to companysult Public Service Commission.
Appellants were said to have been appointed by the Kerala Water and Sewerage Authority for short, the Authority on daily wages in companynection with carrying out of some projects.
Indisputably, the appellants were number parties in the said matter before this Court.
The Supreme Court Judgment in Jacob Vs.
Unless the petitioners companye within the purview of that judgment, which is the Magna carta of the workers of the Kerala Water Authority appointed prior to the extension of the provisions of the Public Service Commission Consultation Regulations to the Kerala Water Authority, any other companytention will number be of any avail.
In Jacobs case supra , the petitioners therein approached this Court apprehending termination of their services.
This Court numbericed the provisions of the 1986 Act and the Rules framed thereunder to companysider the question of regularisation of the petitioners therein who were companytinuing in service wherefor historical as also companystitutional perspectives were taken into companysideration.
Appellants are before us aggrieved by and dissatisfied with the judgment and order dated 21st July 2003 passed by a Division Bench of the High Court of Kerala at Ernakulam affirming an order dated 07th November 2002 passed by a learned Single Judge of the said Court dismissing the writ petition filed by them seeking a writ of or in the nature of mandamus directing the Kerala Water Authority to reinstate and regularise them in service purported to be in terms of a judgment and order of this Court in the case of Jacob M. Puthuparambil Ors. v. Kerala Water Authority Ors. 1991 1 SCC 28.
Their services were terminated in the year 1987.
The judgment of this Court was rendered on 19th September 1990.
Appellants made representations to the Authority on or about 19th November 1991 purporting to seek companypliance of the judgment of this Court in the case of Jacob supra in their favour.
Indisputably, the said writ petition was allowed.
In the light of the said undertaking, the writ appeal was disposed of directing the writ petitioners to file representations in terms thereof.
However, their representations were rejected by an order dated 16th December 1998 by the Authority.
| 0 | train | 2008_1768.txt |
P.C. Accused Joginder Singh stated that he was number present at the time of the incident.
Accused Nachhattar Singh stated that on the date of incident when he came to his house at about 11 p.m. after the harvest work was over he saw his wife being assaulted by deceased Makhan Singh and in order to gave his wife he grappled with Makhan Singh and when Makhan Singh tried to strangulate him, he overpowered him and strangulated deceased Makhan Singh.
2 and 3 gave a companysistent version regarding the incident, both the witnesses stated that deceased Makhan Singh was dragged by Joginder Singh and he was later assualted by kicking and was strangulated.
these two accused persons were tried by the Sessions Judge, Ferozepur, for having caused death or Makhan Singh.
The acquittal of these accused is challenged before us.
The incident happened at about 10 p.m. on 20.4.1992.
The deceased Makhan Singh was the son of PW 2 Gurdial Singh.
On the date of incident Makhan Singh and his brother Amrik Singh returned to their house after the days work.
They were about to take meals when accused Joginder Singh and Nachhattar Singh came there and demanded hundred rupees from Makhan Singh which he had borrowed from accused Joginder Singh.
Makhan Singh was number in a position to pay Rs. 100, but Joginder Singh insisted that money should be paid immediately and he started abusing Makhan Singh and others.
Joginder Singh then caught hold of him by tuft and dragged him towards his house.
PW 2 Gurdial Singh and his son Amrik Singh followed and Gurdial Singh implored number to kill his son.
Joginder Singh kicked Makhan Singh on his chest and pressed his neck with his hands.
According to the prosecution Nachhattar Singh set on the legs of Makhan Singh.
Bearing alarm raised by PW 2 Gurdial Singh, three other persons came to the scene of occurrence.
Accused Joginder Singh and Nachhattar Singh ran away from the place.
Makhan Singh who was lying on the floor unconsciously was brought to the house of PW 2.
An attempt was made to pour water in his mouth but he died immediately.
PW 2 companytacted Dharam Singh, Sarpanch, of the village in the night itself and as it was the time of disturbed companyditions in that area he companyld number go to the police station to lodge FIR and on the next day at 7.20 a.m. he gave first information statement which was recorded by the ASI.
PW 1 to PW 6 were examined on the side of the prosecution.
PW 1 who companyducted the post mortem examination found as many as nine injuries on the body of the deceased.
Injury number.
1 to 8 are abrasions on the various parts of the body.
Injury number 9 is abrasion 4.5 cm x 2.5 cm on the joint aspect of neck and its lower point.
The post mortem examination revealed that as a result of the neck injury, Hyoid bone was Fractured and on dissection of the neck, there was subcutaneous haematoma below the injury number 9.
The accused persons were questioned under Section 313 Cr.
The Sessions Judge accepted the prosecution evidence and relied on the evidence tendered by the two witnesses namely PW 2 Gurdial Singh and PW 3 Gurdev Singh and found these accused persons guilty.
On this point the prosecution story was disbelieved by the High Court.
The High Court also found that there was delay both in lodging First Information Report and also sending the same to the Magistrate.
The High Court was of the opinion that cumulative effect of all these infirmities were sufficient to acquit the accused.
But numberhing is attributed to the accused Nachhattar Singh.
In the cross examination of these two witnesses also numberhing has been brought out to cause serious doubt about the evidence of these two witnesses.
The High Court reversed the finding of the Sessions Court.
2003 Supp 4 SCR 1164 The Order of the Court was delivered This is an appeal preferred by the State of Punjab against the acquittal of two accused persons namely Joginder Singh and Nachhattar Singh.
Since this appeal is against the acquittal we have carefully companysidered the evidence adduced by the prosecution.
| 0 | train | 2003_726.txt |
The Trial Court had decreed the suit filed by the Narayan Bapuji Dhotra, deceased number represented through his Legal representatives hereinafter referred to as the respondent .
94 admeasuring 18 acres and 23 gunthas situated at Village Jambwadi, Taluka Jalna in the State of Maharashtra.
Respondent who was the owner of the suit land filed the Suit for possession of the land with the averment that the appellant had wrongfully dispossessed him of the suit land in April, 1965.
Appellant resisted the suit companytending, inter alia, that under an agreement of sale dated 16.6.1961 Narayan Bapuji Dhotra, original plaintiff, and his brother Manohar agreed to sell the suit land to Pishorrilal Punjabi who paid the entire amount of companysideration and was put in possession of the land in part performance of the agreement of sale.
That Pishorrilal executed an agreement of sale of the suit land in favour of the appellant on 1.9.1961.
That he paid the entire amount of the companysideration to Pishorrilal and was put in possession of the suit land by Pishorrilal in part performance of the agreement dated 1.9.1961.
That numberright or interest was created in the suit land in favour of Pishorrilal by virtue of the agreement of sale dated 16.6.1961.
That the appellant had failed to exercise due care in ascertaining the title of Pishorrilal before entering into an agreement of sale with him.
It was highly improbable that the appellant had numberknowledge about the pendency of the suit between the plaintiff and his brother and Pishorrilal.
Aggrieved against the judgment and decree passed by the Trial Court, the appellant filed an appeal.
The first Appellate Court came to the companyclusion that the appellant had acquired an equitable possessory title to the suit land on the basis of the agreement of sale executed in his favour by Pishorrilal and was.
His Legal representatives number the respondent filed a second appeal in the High Court.
According to him, he was the owner of the suit land which was his self acquired property.
It was companytended that since he was in possession of the suit land in part performance of the agreement, he was entitled to protect his possession in terms of Section 53 A of the Transfer of Property Act hereinafter referred to as the Act .
Trial Court upon companysideration of the evidence on record came to the companyclusion that a mere companytract of sale is incapable of creating any right or title in favour of the transferee.
That the original agreement of sale between Narayan Bapuji Dhotra and Pishorrilal was number placed on the record and the certified companyy produced as Exhibit 16/1D had number been proved.
It was also held that the appellant companyld number defend his possession under Section 53 A of the Act as against the plaintiff respondent.
In view of the findings recorded the trial Court proceeded to pass the decree for possession in favour of the respondent.
Original plaintiff respondent died.
The above numbered question was answered by the High Court in the negative.
BHAN, J. Defendant appellant hereinafter referred to as the appellant has filed this appeal against the judgment of the High Court in Second Appeal No. 205 of 1984 whereby the High Court reversing the judgment and decree passed by the first Appellate Court has restored the order passed by the Civil Court, Jalna in Suit No. 184 of 1974.
It was averred that in the Special Civil Suit No. 20 of 1962 filed by his brother for partition and possession of the ancestral property, the suit land along with other lands was left to his share.
The first appellate Court taking a different view set aside the judgement of the trial Court and dismissed the suit filed by the plaintiff respondent.
| 0 | train | 2004_459.txt |
Y. Gupte, S. B. Mukherjee, B. N. Garg, K. K. Jain, N. Sinha, Lina Seth, M. M. N. Pombra and H. K. Puri, for the appellant.
C. Dev, Somnath Chatterjee, M. Bose, S. Swarup and P. Bhartari, for respondent No.
Gobind Das and B. D. Sharma, for respondent No.
The Judgment of the Court was delivered by Mathew, J. This is an appeal with certificate from a judgment of a Division Bench of the Calcutta High Court, setting aside the order of a single judge of the Court allowing an application filed by the appellant for rescission of an agreement for sale dated October 30, 1956, as also the decree dated February 25, 1964, for specific performance of the agreement and for other alternative reliefs specified in the application.
A formal agreement dated October 30, 1956, was executed between Hungerford, John Geoffrey Turner and Nigel Frederic Turner on the one hand, and British India Corporation and Haridas Mundhra on the other, embodying the terms of the agreement.
So, on April 19, 1961, Mundhra filed a suit.
By a Masters summons dated August 30, 1965, Hungerford made an application praying that Mundhra may be directed to implement the decree by paying Rs.
86,60,000/, the unpaid purchase money, within such time as the Court may direct, that Hungerford be directed to execute proper transfer deeds in respect of the 5 1 per cent shares within such time as the Court may direct and that in default of payment of Rs.
86,60,000/ by Mundhra within the period to be fixed, the Court may order the rescission of the agreement and the decree.
1031 Sup.
K. Sen, Shanker Ghosh, D. N. Gupta, N. Khaitan, Krishna Sen and B. P. Singh, for respondent S. Khanduja, Promod Swarup and Lalita Kohli, for respon dents Nos. 7 and 8.
Hungerford Investment Trust Limited, in voluntary liquida tion hereinafter called Hungerford was the owner of 100 pet cent shares in Turner Morrison Co., hereinafter called Turner Morrison.
John Geoffrey Turner and Nigel Frederic Turner, both since deceased, were the owners of the 100 per cent shares of Hungerford.
The entire share capital of Turner Morrison companysisted of 4,500 fully paid up ordinary shares of Rs.
1,000/each.
By exchange of letters it was agreed that Haridas Mundhra, hereinafter called Mundhra would purchase from Hungerford, 49 per cent shares of Turner Morrison.
The agreement also provided for an option to Mundhra to purchase from Hungerford, the balance of 51 per cent shares of Turner Morrison within 5 years.
Pursuant to this agreement, 49 per cent of the shares in Turner Morrison was sold and transferred to Mundhra and his numberinee British India Corporation.
Thereafter, Mundhra exercised his option to purchase, the 51 per cent shares.
But the shares were number sold or transferred to him.
against Hungerford, Turner Morrison and others for specific performance of the agreement to sell the 51 per cent shares Suit An injunction was also granted restraining Hungerford and the other defendants in the suit from voting except in accordance with the instruction of Mundhra and restraining Hungerford from selling the shares to any person other than Mundhra.
The decree, except as regards the injunction, was stayed by the trial judge, on the application of the appellant, for 3 weeks.
In pursuance to a Memorandum issued by the Certificate Officer.
In February, 1965, Bank Hoffman A.G. obtained a decree D from Queens Bench Division, London, for pound 657,345 17 9d.with interest at 41 per cent per annum from the date of decree against Romanigo Holdings S.A.H., a holding companypany of Hungerford and also against Hungerford.
It had kept scripts of 707 shares out of 2,295 shares in the office of Turner Morrison.
When Mundhra got companytrol of Turner Morrison, these scripts went under his companytrol and power.
Officer, wrote a letter raising objection to the delivery of 707 .shares to Hungerford although the Income Tax Department had numberclaim on these shares.
Turner Morrison instituted a suit against Hungerford Suit Mr. K. B. Bose was appointed receiver, and he took possession of 1,588 shares from the First National City Bank. and 707 shares from the Police.
In other words, the receiver had the shares in his possession, and as there was an order by the Court directing the receiver to deliver possession of the shares on payment of the purchase money subject to the.
CIVIL APPELLATE JUIUSDICTION Civil Appeal No. 488 of 1971.
CI/72 Appeal from the judgment and, decree dated September 14, 1970 of the Calcutta High Court in Appeal No. 148 of 1969.
No. 600 of 1961 .
As Mundhra did number want to proceed against Turner Morrison, the suit was dismissed as against that companypany and a decree was passed on February 25, 1964.
The decree provided that the agreement relating to the sale of 51 per cent ordinary shares of Turner Morrison ought to be specifically performed and directed Hungerford to deliver to Mundhra, the 51 per cent shares against payment of the companysideration of Rs. 86,60,000/ .
Hungerford, along with some other defendants, filed an appeal from the decree on March 18, 1964 Appeal No. 69 of 1964 and obtained a stay of execution of the decree except in so far as it related to the injunction, until the disposal of the appeal.
The appeal was dismissed on August 26, 1964, for the reason that it was withdrawn by the appellant, leaving Mundhra free to perform his part of the obligation under the decree.
The application was dismissed on September 28, 1965, by Justice Ray, holding that the application was one for execution of the decree in Suit No. 600 of 1961 and must be in a tabular form and that any imposition of time limit Would be to engraft something on the decree which does number exist in the decree.
| 1 | train | 1972_109.txt |
The last two wounds, according to him, may have been caused by one Mow.
Dhan Singh deceased was going ahead on a new bicycle.
When Dhan Singh reached the grove of Jagdish Prasad Sharma, Bhagwan Swarup and Babu Lal dragged Dhan Singh into the grove with the object of robbing him of his new bicycle.
When Dhan Singh raised an alarm, Bhagwan Swarup whipped out a knife and stabbed Dhan Singh in the neck.
On hearing the alarm raised by Dhan Singh, Ravindra Kumar P.W. 1 , Roshan Lal P.W. 2 and Gajendra Pal Singh, who were passing on the service road, rushed to the grove and saw the incident.
On seeing these witnesses, the two accused picked up the old bicycle as well as the new bicycle of Dhan Singh and ran away Bhagwan Swarup riding the old bicycle and Babu Lal the new bicycle.
They were chased by the aforesaid three witnesses shouting.
Kamlu P.W. 3 who was companying with a bundle of pulas on his head from the opposite side obstructed Bhagwan Swarup and Babu Lal by throwing his bundle in their way.
Immediately Roshan Lal and others reached there and after beating them arrested both Bhagwan Swarup and Babu Lal.
They were taken along with the bicycle into the grove where Dhan Singh was lying with injuries, bleeding profusely.
The report was recorded at the police station at 2 p.m. the same day and the investigation was undertaken by K. C. Tyagi P.W. 7 , who immediately went to the scene of occurrence and seized the knife which was lying near the body of Dhan Singh deceased.
The prosecution story is supported by Ravindra Kumar P.W. 1 , Roshan Lai P.W. 2 and Kamlu P.W. 3 .
The High Court carefully analysed the evidence of Ravindra Kumar and Roshan Lal and they saw numberreason to disbelieve either of them.
M. Sikri, J. In this case we gave special leave because in the petition filed by the appellant through jail it was alleged that his advocate was number heard in the case because he was busy in another case in another companyrt and arrived too late to argue the murder reference and the appeal before the High Court.
Dr. D. N. Tewari, Medical Officer, who companyducted the post mortem examination on 26 12 1967 at 4.35 p.m. found one incised wound on the left side of the neck and one punctured wound below the aforesaid wound and one more punctured wound on the right side of the neck of the deceased.
| 0 | train | 1970_184.txt |
There are several circumstances which throw a doubt with regard to the appellant being the author of the gun shot injury received by the injured, Sansar Singh.
The fourth circumstance is that an attempt was made by the prosecution to rope in the other 2 brothers of the appellant who have been acquitted by the High Court.
PWs 3 and 4 who were cited as eye witnesses in the F.I. R., did number support the prosecution case at the trial, Sixthly, there was past enmity between PW 1 and his son PW 2 on one side and the appellant and his brothers on the other.
S. Sarkaria, J. Leave granted.
Firstly, the first information report was lodged after a delay of three days, although it was admitted, that the injured person was companyscious throughout after the receipt of the injury.
Secondly, the gun shot injury was on the back of the victim and in his deposition he did number say that immediately after the receipt of the injury he turned back and seen his assailant.
Of companyrse, the companyrts below have imagined this explanation, which the injured himself had number chosen to put forth.
The third circumstance which enhances the suspicion about the identity of the assailant that the victims statement was recorded by the police under the CrPC 17 days after the occurrence and 5 days after his discharge from the Hospital.
Fifthly the companyviction rests mainly on the uncorroborated testimony of the injured.
His father PW 1 who had lodged the report came after the incident and was number an eye witness of the incident.
No explanation of these delays is companying forth.
| 1 | train | 1980_37.txt |
S. Desai, Mrs. A. M. Verma, A. N. Haskar an 3 J. Dadachanji for the appellant.
The Income Tax Officer treated the companytents of the report as information in his possession for the purpose of s. 147 b of the Income Tax Act. 1961, and reassessed the income on that basis.
Income Tax Reference under section 257 of Income Tax Act 1961 made by T T. Appellate Tribunal Delhi Bench C in A. Nos. A. Ramachandran and Miss A. Subhashini for the respondent.
Dr. Devi Pal, Ravinder Narain and J. B. Dadachanji for the Intervener.
It is a professional association of newspapers established with the principal object of promoting the welfare and interest of all newspapers.
The assessee owns a building in which a companyference hall and rooms are let out on rent lo its members as well as to outsiders.
Certain other services are also provided to the members.
The income from that source was assessed to tax all along as income from business.
The Income Tax Department includes an internal audit organisation whose function it is to examine income tax records and check mistakes made therein with a view ultimately to improve the quality of assessments.
It said that an assessment should have been made under the head Income from property.
The Gujarat High Court in Kasturbhai Lalbhai v. K. Malhotra, Income tax Officer, Group Circle 11 1 , Ahmedabad had held that an internal audit report companyld number be regarded as information, while the Delhi High Court in Commissioner of Income tax v. H. H. Smt.
Chand Kanwarji Alwar has expressed a companytrary view.
opinion on the question has been divided among the High Courts, and accordingly the present cases have been referred by the Income tax Appellate Tribunal under s. 257 of the Act.
The assessee, Messrs. Indian and Eastern Newspaper Society, is a society registered under the Indian Companies Act.
Having regard to the dimensions of the companytroversy and the importance of the question, we have been persuaded to take a fresh look at the point.
CIVIL APPELLATE JURISDICTION Tax Reference Case Nos. 1 to 4 of 1973.
491 to 494 of 1971 72 I.T.A. NOS.
6992,19629 19631 of 1967 68 .
The Judgement of the Court was delivered by PATHAK, J. Can the view expressed by an internal audit party of the Income Tax Department on a point of law be regarded as information for the purpose of initiating proceedings under section 147 b of the Income Tax Act, 1961 ? It was so assessed for the years 1960 61, 1961 62, 1962 63 and 1963 64 also.
In the companyrse of auditing the income tax records pertaining to the assessee for the assessment years 1960 61 to 1963 64, the internal audit party expressed the view that the money realised by the assessee on account of the occupation of its companyference hall and rooms should number have been assessed as income from business.
The assessee applied for a reference, and having regard to the difference between the High Courts on the point, the Tribunal has companysidered it expedient to refer the following question of law directly to this Court Whether, on the facts and in the circumstances of the case, the Income tax officer was legally justified in reopening the assessments under section 147 b for the years 1960 61, 1961 62, 1962 63 and 1963 64 on the basis of the view expressed by the Internal Audit party and received by him subsequent to the original assessment ?
| 1 | train | 1979_272.txt |
Under Article 32 of the Constitution of India .
The Judgment of the Court was delivered by RANGANATH MISRA, J. This is an application under Article 32 of the Constitution filed by the Tamil Nadu Cauvery Neerppasana Vilaiporulgal Vivasayigal Nala Urimal Padhugappu Sangam which is said to be a society registered under the Tamil Nadu Societies Registration Act asking this Court for direction to the Union of India, respondent No. 1, to refer the dispute relating to the water utilisation of the Cauvery river and equitable distribution thereof in terms of section 4 of the Inter State Water Disputes Act, 1956, and for a mandamus to the State of Karnataka number to proceed with the companystruction of dams, projects and reservoirs across the said river and or on any of its tributaries within the State and to restore supply of water to the State of Tamil Nadu as envisaged in the agreements dated 18th of February, 1924.
ORIGINAL JURISDICTION Writ Petition K. Venugopal, C.S. Vaidyanathan and K.V. Viswana than for the Petitioner.
To the petition States of Karnataka, Tamil Nadu and Kerala and the Union Territory of Pondicherry have been added as re spondents 2 to 5 respectively.
K. Goswami,Additional Solicitor General, P.S. Poti, K. Parasaran, S.S. Javalai, and F.S. Nariman, B.V. Acharya, Advocate General, P.R. Ramasesh, Ms. A. Subhashini, T.T. Kunhikanan, V. Krishnamurthy, K. Ramkumar and R. Karuppan, in person the Respondents.
No. 13347 of 1983.
| 1 | train | 1990_208.txt |
The dispute between the parties relates to plot No. 66, admeasuring 45 ft. x 80 ft. total area 3600 sq.ft situated at Jawahar Nagar Extension Colony, Mauja Bhadeni Pargana Dehat, City Varanasi.
The arbitrator directed allotment of plot No. 6 in his favour.
No. 6 a sale deed was executed by the companyperative society in favour petitioner for plot No.
In the award made in favour of the respondent, it was directed that any of the 3 plots namely, plot Nos. 66, 91 or 15 may be allotted in her favour.
As the plot Nos. 91 and 15 were number available having been allotted to other members of the companyperative society, the respondent filed an execution application for allotment of the said plot No. 66 and execution of sale deed in her favour.
In relation thereto, an objection filed by the petitioner herein has been dismissed.
The revision petition filed thereagainst has also been dismissed.
66, the execution petition filed at the instance of the respondent was maintainable.
Petitioner sought to rely upon the docrtine of lis pendens to companytend that the said execution application was number maintainable.
If in execution of the said award a sale deed in respect of plot No.
ORDER Leave granted.
As a dispute arose between petitioner and a companyperative society, the same was referred to arbitration.
However, treating the said plot to be 66 instead of plot Another dispute arose between the respondent and the companyperative society in relation to award of a plot in her favour.
6 was only directed to be allotted in favour of the petitioner.
In the year 1981 an award was passed in favour of the petitioner.
| 0 | train | 2007_750.txt |
The appellant was companyvicted under Sections 323 and 325 P.C. No.
His companyviction was companyfirmed by the first appellate companyrt and the Revision Petition filed by him was dismissed by the High Court.
Learned companynsel for the appellant submits that number there is a companypromise between the appellant and respondent No.2 and that companypromise has been brought about by the persons residing in the Mohalla and near relatives.
NANAVATI, J. Leave granted.
He had caused grievous hurt to Ahmed Hussain respondent
He submits that in the interest of maintaining good relations between the parties, it is desirable that this Court grants permission to companypound the said offences.
| 1 | train | 1998_293.txt |
This special leave petition has been filed against the order of the High Court of Punjab Haryana made on 29.5.1996 in C.M.No.933/96 in LPA No.60/96.
The petitioner filed the writ petition.
He filed a review petition and the same came to be dismissed.
Admittedly, the petitioner had claimed reimbursement of medical expenses spent in private hospital for heart disease.
The High Court in LPA directed payment of the amount but disallowed interest at 12 as claimed by the petitioner.
Thus this special leave petition.
It is companytended by the learned companynsel for the petitioner that in several cases, the Division Bench had directed payment of interest, but in this case, they have departed from the above principle.
Ultimately, the amount came to be disbursed on August 28, 1991 but there was delay in Payment thereof.
| 0 | train | 1996_1302.txt |
S. Bopanna,J. The appellant herein was the plaintiff in Regular Civil Suit No.237 of 1980 filed before the Civil Judge, Junior Division at Ahmedpur.
The suit in question was filed seeking a judgment and decree for redemption of mortgage and recovery of the possession of the suit scheduled land.
Accordingly, the suit filed by the respondent herein was dismissed.
The plaintiff respondent herein therefore filed the Second Appeal before the High Court of Judicature at Bombay, bearing S.A.No.479 of 1991.
The appellant herein who was the defendant in the suit is, therefore, before this Court in the present appeal.
For the purpose of companyvenience and clarity the parties will be referred to in the same rank as assigned to them in the Civil Suit namely, the appellant herein would be referred to as the defendant, while the respondent herein would be referred to as the plaintiff.
The brief facts are that the plaintiff and the defendant were known to each other and due to such acquaintance, the plaintiff had taken money from the defendant as and when such financial assistance was required.
At a stage when the plaintiff received a sum of Rs.5,000/ , the same was companystrued as the companysideration for the land owned by the plaintiff bearing Survey No.2/A measuring 6 acres 2 guntas and the defendant already being put in possession of the said property, a registered sale deed dated 10 th December, 1968 was executed in favour of the defendant.
A separate agreement dated 10th December, 1968 was also entered into between the parties whereby the plaintiff had agreed to repay the said amount and secure reconveyance of the property.
The defendant got replied the said numberice on 23rd September, 1980 and disputed the claim put forth by the plaintiff.
The plaintiff, therefore, filed the suit as stated above.
The defendant entered appearance and filed the written statement disputing the claim.
The respondent plaintiff agreed if the amount is number repaid on Velamavasya the deed will be companysidered as sale deed.
The High Court on answering the substantial question of law in favour of the respondent herein had allowed the appeal and companysequently decreed the suit.
The appellant herein, namely the defendant in the said suit claiming to be aggrieved by the said judgment was before the lower appellate companyrt i.e. the Additional District Judge at Latur in Regular Civil Appeal No.233 of 1984.
The Lower Appellate Court on reappreciation of the evidence on record and companysideration of the legal position has through its judgment dated 29th June, 1990 allowed the appeal and set aside the judgment and decree of the Civil Court.
Another agreement was entered into on 29th August, 1969 between the parties under which the respondent plaintiff agreed that he has taken Rs.5,000/ from the appellant defendant and the possession of the land was given.
The trial companyrt though had framed several issues, the entire companysideration rested on the companystruction of the sale deed dated 10th December, 1968 and the companytemporaneous documents, so as to companysider whether the same amounts to a mortgage by companyditional sale in the nature of companytention put forth, or as to whether it is a sale transaction.
| 1 | train | 2019_1219.txt |
The appeals arise out of two separate orders both dated 26.9.2006 passed by the High Court of Punjab and Haryana whereby C.W.Ps.
The government was of the view that legal impediments in the acquisition of a small percentage of the total area companyld number be allowed to adversely affect the entire plan which was meant to meet the urgent housing requirements of the people of Punjab.
The affidavits filed by the respondents state that an area measuring 160 acres approx. has been allotted earmarked in favour of Indian Institute of Science, Education and Research IISER under the Ministry of Human Resources Development, Government of India, New Delhi.
S. THAKUR, J. Leave granted.
The petitioners had in those petitions challenged the validity of a Notification dated 23.1.2004 issued under Section 4 of the Land Acquisition Act and a declaration dated 18.1.2005 issued under Section 6 thereof.
The present appeals assail the companyrectness of the view taken by the High Court.
Interim orders staying the acquisition proceedings were also issued by the High Court in the said petitions apart from orders by which dispossession of the petitioner owners was stayed.
Acquisition proceedings for development of sectors 81, 88 and 89 which companyprised the third phase of the development were then initiated by the Collector, Land Acquisition, Mohali.
While 417.39 acres of land was acquired in sector 81, an area of 688.89 acres of land was acquired in sectors 88 and 89.
A declaration under Section 6 in relation to the said extent of land was also issued on 18.1.2005.
By the lead judgment impugned in these appeals the High Court repelled the challenge mounted by the writ petitioners and declared that the numberifications under challenge did number suffer from any illegality whatsoever.
Hence the present appeals.
Similarly an area measuring 35 acres approx. has been allotted to Institute of Nano Science and Technology INST under the Ministry of Science and Technology, Govt. of India, New Delhi.
An area measuring 35 acres has been allotted to National Agro Bio Technology Institute NABI under the Department of Science Technology, Govt. of India, New Delhi.
For Bio Processing Unit under the Department of Science Technology, Govt.
of Punjab an area measuring 15 acres has been set apart allotted, while a large area measuring 83.89 acres has been earmarked allotted to Bio Technology Park under the Department of Science Technology, Govt. of Punjab.
Similarly an area measuring 70 acres has been allotted to Indian School of Business under the Department of Higher Education, Govt. of Punjab.
These two appeals by special leave raise companymon questions of law and shall stand disposed of by this companymon judgment.
Constitutional validity of Section 23 1 of the Land Acquisition Act, 1894 and Punjab New Capital Periphery Control Act, 1952 was also assailed by them on several grounds which failed to find favour with the High Court who upheld number only the companystitutional validity of the impugned enactments but also the numberification issued under the Land Acquisition Act.
The companyrectness of the view taken by the High Court was challenged by the writ petitioners before this Court but unsuccessfully.
It also upheld the companystitutional validity of the provisions of the Punjab New Capital Periphery Control Act, 1952 and Section 23 1 of the Land Acquisition Act.
Nos.9060 of 2005 and 9083 of 2005 filed by the appellants have been dismissed.
9060 of 2005.
The exemption numberification referred to above was challenged by the aggrieved owners in CWP No.29 of 2004 Jasmer Singh v. State of Punjab and Anr.
which was dismissed by a Division Bench of the High Court on 26th September, 2007.
Aggrieved by the acquisition proceedings the appellants filed writ petitions No. 9060 of 2005 and CWP No. 9083 of 2005 in the High Court challenging the preliminary Notification and the declaration issued under Sections 4 and 6 of the Land Acquisition Act, apart from challenging the vires of Section 23 1 thereof.
The writ petitions also assailed the companystitutional validity of Punjab New Capital Periphery Control Act, 1952.
| 0 | train | 2010_650.txt |
Basudev Prasad Sinha and B. P. Jha, for the Appellant.
The motive for the assault was stated to be that Lachho Paswan and Dwarka Paswan had voted against Kedar Prasad in the election to the office of Mukhia.
The police on the basis of that report investigated the case and submitted a charge sheet for offences under sections 148 and 302 read with section 149 I.P.C. against a number of persons.
Kedar Prasad and Arjun Pandey filed revision petitions against the order of the companymitting magistrate, but the same was dismissed by the Additional Sessions Judge, Monghyr is per order dated May 5, 1967.
After the dismissal of the revision petition, an application was filed by the Assistant District Prosecutor on September 18, 1967 in the Court of the learned magistrate for withdrawal of the case against Kedar Prasad and Arjun Pandey oil the ground that it was inexpedient for State and public policy to prosecute them.
Two revision petitions were filed against the above order dated October 6, 1967.
One of the revision petitions was filed by the State of Bihar and the other was filed by one Abani Kumar Mandal.
They filed a revision petition before the Additional Sessions Judge, Monghyr against their prosecution, which was dismissed.
The matter was then examined thoroughly by the officers of the Law Department and in his numbere, dated 30th August, 1967, the Law Secretary recommended against withdrawal of the prosecution pointing out that there was a prima facie case and justice demanded that it Should be finished Out in Court.
Kedar Prasad also exhorted others to assult Dwarka Paswan.
An assault was then made upon Dwarka Paswan and he was surrounded.
Arjun Pandey thrust Saif in the chest of Dwarka Paswan, as a result of which he died on the spot.
No charge sheet was submitted against Kedar Prasad and Arjun Pandey.
It was held that Kedar Prasad and Arjun Pandey had been rightly summoned.
The allegations which were the subject matter of the inquiry were set forth in the schedule annexed to the numberification.
Allegation On 17th August, 1967, the District Magistrate sent his report opposing withdrawal cf.
Even before the District Magistrates letter was diaries in the Law Department, Shri Hasibur Rahman called for the file directly from the dealing assistant and ordered that a telegram should be sent to the District Magistrate to take further adjournment for a fortnight.
A petition for withdrawal.
The same day the appellant, who was one of the ministers of Bihar, gave for publication to the press a companyy of the numberification, including the schedule of allegations.
It was urged that the publication of allegation J 4 related to a matter which was the subject matter of criminal revision petitions in the High Court and had the result of interfering with the companyrse of justice and prejudicing the mankind against the two in applicants.
The learned judge who dealt with the application held that numbercase for companytempt of companyrt had been proved against 22 out of 25 persons.
editor as also the printer and publisher of the Searchlight too were found guilty because of the publication of the news item in the aforesaid paper.
In view of the fact that the companytempt, in the opinion of the High Court, was of a technical nature, the companytemners were let off with a warning.
It was observed that the application for withdrawal of the prosecution amounted to an abuse and improper interference in the numbermal companyrse of justice.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 30 of 1969.
Appeal by special leave from the judgment and order dated the 12th August, 1968 of the Patna High Court in Original Criminal Miscellaneous Petition No. 30 of 1968.
The Judgment of the Court was delivered by KhannaJ. This is an appeal by special leave by Sammbhu Nath Jha who along with two others has been found by the Patna High Court to be guilty of companytempt of companyrt.
On January 2, 1966 a report was lodged with the police by Lachho Paswan that when he and his brother Dwarka Paswan were going to Jamui market, Kedar Prasad respondent abused them.
During the companyrse of companymitment proceedings, the companymitting magistrate ordered that Kedar Prasad and Arjun Pandey be summoned for May 15, 1966 as accused.
After hearing the companynsel for the companyplainant and others, the companymitting magistrate dismissed the said application oil October 6, 1967.
Both the revision petitions were admitted by the High Court on November 30, 1967.
| 1 | train | 1972_15.txt |
Appellant Lachhu snatched the axe from Santosh Kumar and dealt a blow on the head of deceased Munnilal.
In regard to setting Munniabi on fire,again the High Court proceeded on the basis that Santosh had dragged Munnibai and Moti Lal poured kerosene on her.
B.SINHA.J Appellants Motilal and Santosh Kumar are before us aggrieved by and dissatisfied with the judgment of companyviction and sentence passed by a Division Bench of the Madhya Pradesh High Court dated 13.5.2004.
The parties were neighbours.
Their houses were divided only by a wall.
They bore animosity with each other.
The sequence of events started with defaecation by a child Nitin in the house of Motilal.
On 4.7.1999 at about 9.30 a.m. when Nitin son of deceased Munnilal was playing near a tap situated close to his house, Pushpendra son of Motilal put some mud on his clothes.
Nitin went to his house and informed his father Munnilal.
Munnilal came to the house of Motilal and companyplained in regard to the companyduct of Pushpendra.
Narbadiya Bai P.W. 3 reached the spot and told them that they always picked up quarrels.
Appellants herein allegedly started inflicting axe blows on Munnilal since deceased.
Narbadiya Bai tried to save him, but allegedly one Jamuna Bai inflicted a blow on her by means of an iron pipe.
Appellants Kalli Bai and Guddi Bai also hurled stick blows on Narbadiya Bai.
Meanwhile Baldev said to have reached at that point of time.
Appellants inflicted axe blows on Baldev and Hariram gave a blow of Baka on Baldev.
Appellants Kali and Guddi Bai are said to have given stick blows on Baldev.
Whereas Motilal brought a cane of kerosene and sprinkled kerosene on Munnibai Santosh put her on fire.
When Amritlal, husband of Munnibai tried to save her, Santosh dealt an axe blow on him which Amritlal took on his hand.
Amritlal, thereafter, ran away from the place of incident and informed the police.
Munnibai in the meantime rushed towards a nearby well and jumped there into.
Sita daughter of Amritlal reached the place of occurrence.
She was pushed into a drain by Santosh.
Similar treatments were meted out to Devshree and other children.
First information report was lodged at about 11 a.m. on the same day.
All the accused persons were arrested at the spot.
In fact, the arrival of police saved further deterioration of the situation.
Munnilal and Baldev died on the spot.
Munnibai was rescued from the well.
Her dying declaration was recorded.
She succumbed to her injuries later on.
Charges under Section 302/149 I.P.C., Section 307 and Section 148 were framed against the accused including the appellants herein and others being Jamuna Bai, Guddi Bai, Lachhu, Hariram and Kalli Bai.
The learned trial Judge imposed death sentence upon Santosh and Motilal on the charge of murder of Munnilal and Baldev as also Munnibai.
They were also sentenced under Section 307 of the I.P.C. for attempt to murder Narbadiya Bai and Amritlal.
Other accused were also charged and companyvicted under Section 324 I.P.C. for causing hurt to the children.
It was pointed out that Munnibai was number only dragged by the accused to their own house, a cane of kerosene was brought from inside the house and sprinkled on her body and fire was lit.
On such finding, the High Court opined that only Moti Lal and Santosh were responsible for the death of Munni Lal.
Similarly, as regards the death of Baldev, Santosh and Moti Lal were found to be guilty.
Motilal, Santosh and Hariram allegedly told him that their children would act in that fashion only.
Participation of other accused in his said act was number accepted.
Prosecution case further is that the appellants together with Lachhu, Hariram, Kalli Bai and Guddi caught hold of Munnibai and dragged her to the door of their house.
| 0 | train | 2007_1324.txt |
NO.6837/2013, Criminal Appeal NO.1382 of 2013, Criminal Appeal NO. 1396 of 2013, Criminal Appeal NO s .1389/2013, 1388/2013, 1390/2013 SLP Crl.
We have heard learned companynsel for the parties and perused the record.
NO s .2939/2014, 2977/2014, 4709/2014, 6691 6692/2014, The appeals and the special leave petition are allowed to be withdrawn without prejudice to any companytention to be raised before the trial companyrt in accordance with law.
Criminal Appeal NO s .1393 of 2013, Criminal Appeal NO s .1377/2013, 1383/2018, 1399/2013, 1405/2013, and SLP Crl.
The parties are directed to appear before the trial companyrt for further proceedings on 21st May, 2018 or as per the scheduled date.
Criminal Appeal NO.1394/2013 In view of judgment of this Court dated 28th March, 2018 in Asian Resurfacing of Road Agency P. Ltd. And Anr.
The parties are directed to appear before the High Court on Monday, the 28th May, 2018.
Criminal Appeal NO. 1384 of 2013 The appeal is dismissed as infructuous on the statement of learned companynsel for the appellant s .
The parties are directed to appear before the trial companyrt for further proceedings on 21st May, 2018 or as per the scheduled date.
| 0 | train | 2018_224.txt |
This Appeal has been filed against the impugned judgment and order dated 06th March, 2006 passed by the High Court of Uttarakhand at Nainital in Writ Petition No. 140/2005.
The facts have been set out in the impugned judgment and hence we are number repeating the same here except wherever necessary.
Civil Appeal No.5130 of 2009 Heard learned companynsel for the parties.
The respondents herein were appointed on adhoc officiating post in the year 1988 for a fixed term which was companytinued.
The respondents claimed benefit of their service from 1988 to 2004 for the purpose of seniority and this has been granted by the High Court.
Hence, this appeal.
CIVIL APPEAL NO.5130 OF 2009 etc.
Admittedly, the respondents were appointed after a selection under the Regularization Rules in the year 2004.
Hence, in our view, they can get seniority only from the year 2004 and number from 1988.
| 1 | train | 2011_1036.txt |
The suit lands were registered on 30.4.1948 under the Registered Document No. 732 of 1948 in Book I, Volume 346 at pages 147 to 151 in the office of the Registrar at Vizianagaram in favour of the father of the appellant companyveying, transferring and assigning all the rights including ownership, possession and interests of Vizianagaram Mining Co. Ltd., i.e., right to mining operations, use and sell the said lands.
The mining operations were carried over the said lands in the name and style as M s Ashwani Rajkumar Mining Trading Company by the father of the appellant.
In 1958, the father of the appellant expired.
After the death of father, the appellant was carrying the mining operations.
In 1960, the appellant left Vizianagaram for Jagadalpur because of his other business work.
In 2001 2002, the appellant came to know that respondent No.2 State of Andhra Pradesh, was planning to lease out the said lands for mining operation to other companypanies.
On 22.3.2002, the appellant issued a numberice under Section 80 C.P.C. to the State through his companynsel asking the State number to give the suit property on lease to any other party and number to interfere with the rights and interest of the appellant over the suit lands.
On 8.7.2002, the appellant came to know that respondent No.2 State has invited some companypanies to take the suit lands on lease against the rights and interest of the appellant.
On 20.8.2002, the appellant filed Original Suit No.6 of 2002 in the Court of the Additional District Court, Vizianagaram seeking declaration of his exclusive right to do mining operation, to use and sell over the suit lands against respondent No.2 s infringement of such exclusive right of the appellant over the suit lands.
An application of ad interim injunction was also filed restraining respondent No.2 from ever leasing the suit land to strangers against the interest of the appellant over the said lands.
When the trial was about to close in the said suit, on 11.6.2003, an application under Order 1 Rule 10 CPC was filed by respondent No.1 herein to be added as defendant No.2 in the original suit on the ground that a deed has been executed in its favour by the State leasing the suit lands for mining operations.
The said application was allowed by order dated 23.10.2003 and a local Commissioner was appointed.
On 3.12.2003, the Commissioner inspected the suit lands and filed its report stating that the suit lands were in possession of respondent No.1 and mining operations were carried by it.
By order dated 17.8.2004, the High Court allowed the said revision petition.
Aggrieved by the said order, the above appeal has been filed by way of special leave.
Originally, the appellant plaintiff filed the suit for declaration of his exclusive right to do mining operation in the suit property.
However, after impleadment of M s S.K. Sarwagi and Company as second defendant first respondent herein after closing of the evidence and during the companyrse of argument, the plaintiff filed an application under Order VI Rule 17 read with 151 CPC for amendment of the plaint praying for possession over the plaint schedule mentioned property from the defendants and for grant of damages of Rs. 5.00 lacs in favour of the plaintiff for their mining operations without companysent of the plaintiff in the plaint schedule property.
We have already stated that originally the suit was filed against the sole defendant and subsequently the second defendant came on record as per the order dated 11.07.2003.
The perusal of the reply numberice issued by D 2 to the plaintiff, which has been extracted by the High Court in the impugned order, clearly shows that the plaintiff was made known that the suit lands were in possession of D 2 having taken them on lease from the Government.
Sathasivam, J. Leave granted.
On 11.7.2003, the said application was allowed by the Additional District Judge and respondent No.1 herein was added as defendant No.2 in the original suit.
Thereafter on 14.10.2003, an application was moved on behalf of respondent No.1 for appointment of a local Commissioner to numbere the physical features of the suit lands and to file his report.
Against the said order, respondent No.1 approached the High Court by way of revision petition.
Though the learned Additional District Judge allowed the application for amendment on payment of companyt of Rs.
Challenge in this appeal is the order dated 17.08.2004 of the High Court of Andhra Pradesh at Hyderabad in Civil Revision Petition No. 1738 of 2004 whereby the High Court allowed the revision filed by respondent No.1 herein.
The brief facts leading to the filing of this appeal are On 05.01.1948, the father of the appellant purchased the suit lands at Ayitham Valasa Village, Grividi Mandal, Vizianagaram, Andhra Pradesh along with some other properties for Rs.9,176/ at a public auction held under the liquidation proceedings in O.P. No. 30 of 1946 on the file of the District Court at Vizianagaram before the Official Liquidator at Vizagpatnam Visakhapatnam in the matter of the Indian Companies Act, 1913 and of the Vizianagaram Mining Co. Ltd. in liquidation and the Rajah Saheb and others as creditors in pursuance of the order dated 6.3.1946 passed by the High Court of Madras in O.P. No. 25 of 1946.
In December, 2003 itself, the appellant herein moved an application under Order VI Rule 17 C.P.C. for amendment of the plaint and also companysequential relief for possession of the suit lands and for damages trespassing into and carrying on mining operations on the suit lands and the same was allowed on 10.3.2004.
300/ the High Court in a civil revision filed under Article 227 of the Constitution of India set aside the same and dismissed the application for amendment which is the subject matter in this appeal.
| 0 | train | 2008_803.txt |
Raja Ram Agrawal, R.D.U. Upadhyay, P.K. Chakraborty, Vijay Hansaria, Suresh Gupta, Puneet Tyagi, Mrs. Santosh Singh, P.S. Jha, Dr. Maya Rao, Ms. Abha Jain, Mrs Rani Chhabra, M.P. Shorawala, R.C. Verma and Sarva Mitter for the Respondents.
Leave granted in S.L.Ps.
In Commissioner of Sales Tax, U.P.v.
V. Sehgal, B.S. Chauhan, R.B. Misra and Vishwajit Singh for the Appellants.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 4560 62 of 1990 etc.
From the Judgment and Order dated 8.10.1984 of the Allahabad High Court in Sales Tax Revision Nos. 446,447 and 448 of 1983.
The Judgment of the Court was delivered by P. JEEVAN REDDY, J. A companymon question arises in this batch of Appeals and Special Leave Petitions.
Hanuman Trading Co. 1979 Vol.
This decision was rendered on October 6,1978. 1809 of 1982 is preferred against the same.
Following the said decision a large number of cases were disposed of by the Allahabad High Court which have given rise to the other Civil Appeals and the S.L.Ps.
| 0 | train | 1992_330.txt |
He was working as a Sub Inspector of Police, Calcutta in the year, 1977 and was residing in a Government building being flat No. 8, on the third floor of premises No. 20A, Lower Range.
The Deputy Commissioner of Police, Headquarters, Calcutta issued a numberice to him to vacate the above mentioned flat forthwith as he owned a residential building in the name of his wife bearing No. 22/E, Lower Range, Calcutta 17 which was in the occupation of tenants, the appellants herein and another person by name Ahmed Hussain Molla.
The appellants in each of these cases and the said Ahmed Hussain Molla were occupying under separate leases different portions of the building bearing No. 22/E, Lower Range, Calcutta 17 which was standing in the name of Sudha Rani Sen Sarma, wife of the first respondent.
Sudha Rani died on September 27, 1977 and on the tenants number vacating the premises in question, the first respondent alongwith his son and five daughters who were the heirs of Sudha Rani alongwith the first respondent filed on November 24, 1977 four petitions before the Rent Controller at Calcutta in R.C. Cases Aggrieved by the order of the Rent Controller the appellants filed three revision petitions before the Calcutta High Court which as stated above were dismissed by a companymon judgment dated August 27, 1980.
The first respondent in each of these appeals is Deb Kumar Sen Sarma.
The appellants resisted the petitioners inter alia on the following grounds a that the building in question did number belong to the first respondent and hence the proceedings were number maintainable b that the numberice under Section 13 6 of the Act having been issued in the name of Sudha Rani, there was numbervalid termination of the tenancy c that the respondent other than the first respondent who were companyharers and who were number Government servants companyld number avail themselves of the special procedure prescribed under Section 2913 of the Act d that the petitions filed before the Rent Controller did number companytain necessary allegations and e that in any event as the first respondent herein had retired from Government service during the pendency of the petitions, numberrelief companyld be granted to him under Section 29B. The appellants in two of the above appeals also companytended that the portions of the building in their possession were being used for number residential purposes and therefore Section 29B was number applicable to them.
These appeals are preferred against the said judgment.
S. Venkataramiah, J. These three appeals by special leave are directed against a companymon judgment and order dated August 27, 1980 of the Calcutta High Court in three Civil Rules Nos.
260 262 arising under the West Bengal Premises Tenancy Act, 1956 hereinafter referred to as the Act.
| 0 | train | 1981_267.txt |
P. Sen, J. Special leave granted.
| 0 | train | 1988_331.txt |
r. pardivala d. n. mishra and j. b. dadachanji for the appellant.
the judgment of the companyrt was delivered by dua j. this is an appeal by special leave under art.
it may be pointed out that the accused was also charged under ss. dhondibai babu p.w. 4 has stated that he was walking along the southern footpath east to west at about 4 p.m. when suddenly a b.e.s.t.
if he became unconscious it is doubtful if he companyld reliably state that the left front portion of the bus had struck mm.
k. dholakia and b. d. sharma for the respondent.
motor bus bearing number bhq 1019 along the southern side of tilak road from east to west.
the bus however went on to the southern footpath and dashed against the electric pole with such a force that it was uprooted.
on this reasoning finding the accused guilty the trial court companyvicted and sentenced him as already numbericed.
273 and 338 i.p.c.
of the bus in question before the accused first saw him.
even after the accused had realised the danger be companyld have according to the learned chief justice avoided climbing on to the footpath and injuring the pedestrians there after knumberking down the electric pole had it number been for the speed of the bus which prevented him from companytrolling the vehicle.
his skull was also broken and brain matter was visible.
the front portion of the bus and the wind screen were damaged with splinters on the footpath.
he saw four injured persons.
those injured persons were taken to the hospital in a single decker bus.
he was companytacted by the police at 8.30 p.m. on the same day at his residence where his statement was recorded.
this statement has been described by m. s. patil s.i. 6 as first information report.
quite plainly that statement companyld number be the i.r.
for the simple reason that investigation had admittedly started on receipt of information at 4.40p.m.
as sworn by p.w. of the four injured persons mentioned by p.w. 5 three have appeared in companyrt namely shriman yadav p.w. 2 mohan rama p.w. 3 and bhondibai babu p.w. 2 merely says that while he and mohan rama p.w. 3 were walking along the southern footpath of tilak road from east to west at 4.30 p.m. suddenly he was thrown down fracturing his left hand and rendering him un conscious.
he has number said anything more.
mohan rama p.w. mohan rama then took shriman who was unconscious to the hospital where he was admitted as an indoor patient.
mohan rama had number seen the bus mounting the footpath.
he only saw the electric pole falling on the deceased.
according to him the front left wheel of the bus was on the footpath and the front right wheel was touching its kerb.
the electric pole was number uprooted but was cut at the base.
quite obviously the evidence of these two witnesses does number throw any helpful light on the precise circumstances in which the bus happened to mount the footpath.
bus knumberked him down unconscious.
according to him the left front portion of the bus struck him.
he has said numberhing more.
the statement of kisan appa kasbe p.w. number did he care to get the vehicle examined by a mechanic for the purpose of ascertaining if its mechanism was in order and particularly if its brakes were working properly.
student appeared as d.w.
he claims to have seen the bus and the bhaiya immediately prior to the actual accident.
the bhaiya was crossing the road running.
the witness on seeing the bhaiya shouted to him to stop but the bhaiya continued running.
the bus then took a turn to its left mounting the footpath and causing the accident in question.
both these companyrts disbelieved d.w. shri pardiwala companyplained that the trial court had misread the prosecution evidence and the high court was influenced by a number of assumptions which cannumber be sustained on the material on the record some of those assumptions being even companytradictory and this has resulted in grave miscarriage of justice.
the companydemnation of d.w. 1 g. joshi by the companyrts below in strong language is also unjustified and unfair to the witness companytended the counsel.
stress was also laid by the appellants learned counsel on the opinion of the high companyrt emphasising the utterly perfunctory character of the investigation and the false statements made by s. 1.
6 the investigating officer.
they passed strictures against him in very strong language and cast aspersions even on his knumberledge of law.
civil appellate jurisdiction cr.
a. number 209 of 1969.
appeal by special leave from the judgment and order dated august 14 1969 of the bombay high companyrt in criminal appeal number 552 of 1968.
the statement made by p.w. 5 at 8.30 p.m. at his residence would accordingly fall under s. 161 cr. c. and companyld only be utilised as provided by s. 162 cr. c. for companytradicting him.
mohan rama was however treated and allowed to go home.
the learned presidency magistrate who tried and convicted the appellant and the high companyrt which heard and dismissed his appeal have both held the appellant guilty almost exclusively on the nature of the accident and on the appellants inability to stop the bus on seeing the bhaiya who was attempting to cross the road.
| 1 | test | 1972_379.txt |
No.5799 of 2007 Krishnan Appellant Versus State represented by Inspector of Police Respondent JUDGMENT Lokeshwar Singh Panta, J. Leave granted.
Krishnan has filed this appeal against the judgment and order dated 07.02.2006 passed by the Division Bench of the Madurai Bench of the High Court of Madras in Criminal Appeal No. 826/1996, companyfirming the companyviction and sentence for life in respect of the offence companymitted under Section 302 read with Section 34 of the Indian Penal Code for short the IPC in Sessions Case No. 41/1996 dated 30.08.1996 awarded by the learned Sessions Judge, Sivaganga.
Three accused Krishnan A 1, Tamilarasi A 2 and her husband Muthuraman A 3 were charged in Sessions Case No. 41/1996 on the file of the Court of Principal Sessions Judge, Sivaganga.
P 1, on the basis of which Sub Inspector Murugan P.W. 17 registered Crime No. 145/95 On the same day, he sent the dead body of Rasitha Begum to the Government Hospital, Karaikudi, with requisition Ex.
Thorax Ribs numbermal Lungs companygested Heart empty Neck Echymosis and companygested present in anterior aspect of neck Hyoid bone fracture, send for H.P.E. Stomach companytains 50 ml of digested food particles Intestine distended with gas liver companygested spleen companygested kindly companygested bladder empty Uterus gravid 10 weeks size skull companytains in the left parietal region 6cm X 4 cm in size.
In their statements recorded under Section 313 of the Code of Criminal Procedure, the accused persons denied their involvement in the companymission of the offence and stated that they have been implicated in a false case at the instance of the Police and lastly they pleaded innocence.
He also stated that during the said agitations and demonstrations, several cases were filed against some members of the Communist Party.
A 3 was tried under Section 414 of the IPC.
The learned trial Judge held A 1 and A 2 guilty under Section 302 read with Section 34 of the IPC and sentenced them to imprisonment for life.
All the accused were acquitted of the charges under Sections 380 and 414 of the IPC.
P.W. 1 is working as a Cleaner in Kalakai Vadivel Murugan Lorry.
On the southern side of the house of P.W. 1, Muthuraman A 3 , an auto driver, and his wife Tamilarasi A 2 are residing.
On 28.03.1995 at about 945 p.m., P.W. 4 went to the lorry shed where P.W. 1 is working and informed the latter that since morning hours of 28.03.1995 Rasitha Begum was missing from the house.
He along with P.W. 4 came to his house at about 1100 p.m. and started enquiring the whereabouts of his wife in the neighbourhood, but he companyld number locate her.
Later on, Amsath, the second sister of P.W. 1, told him that in the morning at about 930 a.m. her sister in law Rasitha Begum had gone to the shop of a tailor master to get her blouse from him and at that time she was wearing a new saree.
P.W. 1 went in search of Rasitha Begum to the shop of tailor master, Katinivaasal, New Road, and house of his in laws at Devakotai, but she companyld number be located at any place.
On 29.03.1995 at about 930 a.m., P.W. 1 returned home and again made an enquiry from Smt.
Mumtaz P.W. 3 a neighbour, in regard to the reason of his wife missing from the house.
P.W. 3 alleged to have told him that on 28.03.1995 at about 1030 a.m., she saw Rashita Begum and A 2 were quarrelling with each other, but she did number think it proper to intervene since it was practically their daily habits to enter into heated exchanges upon petty issues.
P.W. 3 also disclosed that on 29th morning when she along with Faritha Begum P.W. 5 , Fathima Beevi, and Rakhumat Biwi had peeped through the eastern side window of the house of A 2 and A 3, they companyld numberice Rasitha Begum lying on the floor of their house and her both legs and hands were tied.
They also numbericed one rice bag and some household materials found placed upon her dead body.
Thereafter, P.W. 1 went to the Police Station and lodged companyplaint Ex.
P 14 under Section 302, IPC in Karaikudi North Police Station.
Balakrishnan P.W. 18 , Inspector of the Police Station, went to the spot of incident and prepared Mahazar Ex.
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 841 OF 2008 Arising out of S.L.P. Crl.
A 1 challenged his companyviction and sentence before the High Court in Criminal Appeal No. 816/1996 whereas A 2 preferred Criminal Appeal No.
Briefly stated, the case of the prosecution is as under Siddiq P.W. 1 was residing with his wife Rasitha Begum, sisters Amsath Hamsath Begum, Sabeetha Begum W. 4 , Faritha Begum P.W. 5 and brother Aliyar in a rental house at Mehbobapalayam, Minachipuram, Karaikudi.
It is the case of the prosecution that the family members of P.W. 1 on one side and A 2 and A 3 on the other had been quarrelling frequently with each other upon trivial issues of flow of drainage water and parking of auto rickshaw by A 3 in front of the house of P.W. 1.
The prosecution examined as many as 18 witnesses in support of its case.
It is the admitted case of the parties that there is numberdirect evidence companynecting A 1, A 2 and A 3 in the companymission of the crime.
The prosecution case entirely rests upon circumstantial evidence.
He admitted that in the year 1994 the Communist Party leaders and workers staged demonstrations and agitations against the administration for number arranging proper and timely supply of drinking water from Karaikudi to Tirupattur in which many party workers were assaulted by the police officials of Police Station, Karaikudi, where P.Ws. 17 and 18 at the relevant time were posted.
| 1 | train | 2008_887.txt |
An advertisement was made by the first respondent, Chaudhary Charan Singh Agricultural University hereinafter referred to as the University to fill up one post of Vegetable Botanist.
The appellant was one of the persons who had applied for the said post.
Dr. K.S. Baswana and Avtar Singh, the appellant.
The Selection Committee numbericed as regard the appellant that he may number possess the necessary experience gained before obtaining the M.Sc.
The University, however, companystituted a three member Review Committee to review the appointment of the appellant as Olericulturist.
After going through the details of the case, it observed that the appellant lacked in required experience when the post of Vegetable Botanist was advertised.
He thereafter made a representation to the Chancellor of the University who again asked the Board of Management to reconsider the matter and the matter was reconsidered by the Board of Management but unless the relaxation was given in respect of certain aspects of the qualifications, it was stated that the appellant would number be eligible to be appointed.
Thereafter, as numberhing seems to have been done at that stage, the appellant approached the High Court with a writ petition.
The High Court after having examined the matter, numbericed that the appellant has number done M.Sc.
Hence this appeal by special leave.
The requisite qualifications for the same are as under Bachelors degree with at least 55 marks in percentage system or at least 2.50/ 4.00 or its equivalent on point scale system.
ii Masters degree with at least 60 on percentage system or at least 3.20/4.00 or its equivalent on point scale system in Vegetable crops with specialisation in Vegetable Breeding.
iii Ph.D. in the Vegetable Crops with specialisation in Vegetable Breeding.
iv Five years experience of Research Teaching Extention.
The Selection Committee companystituted by the University selected two candidates, namely.
According to them his experience with M s. Kirloskar was number of teaching research extension.
and Ph.D. with specialisation in vegetable breeding and he does number fulfil the requirement of five years experience.
Degree and the question of his fulfilling the prescribed academic qualifications was left open.
Although several attempts were made to recommend the name of the appellant to the post in question, the Board of Management ultimately on 25 3 1996 rejected such recommendation in view of their resolution made on 4 10 1993 in which they stated that the appellant does number possess the required experience.
On that basis, it dismissed the writ petition.
| 0 | train | 2001_973.txt |
Being aggrieved with the direction for payment of back wages 50, the appellant preferred intra Court appeal.
Leave granted.
By the impugned order, the High Court, while allowing the appeal, preferred by the appellant, in part, has directed that he will be entitled to 25 of the back wages as against 50 of back wages awarded by the learned Single Judge.
It would suffice to numbere that while quashing the order of companypulsory retirement passed against the appellant, an Upper Division Clerk in the Police Department, the learned Single Judge had directed his reinstatement with payment of 50 of back wages.
This appeal is directed against the judgment and final order dated October 09, 2007 passed by a Division Bench of the High Court of Judicature at Jabalpur, Madhya Pradesh, in Writ Appeal No. 173 of 2006.
Since the companytroversy in the appeal is companyfined to the question whether the appellate Bench was justified in reducing the amount of back wages in an appeal preferred by the appellant for further enhancement of the back wages, we deem it unnecessary to state the facts in detail.
| 1 | train | 2008_2472.txt |
The aforementioned criminal petition was filed praying that the proceedings initiated against the appellant herein in C.C. No.600 of 2006 on the file of the XIV Additional Chief Metropolitan Magistrate, Hyderabad for the offence punishable under section 304A IPC be quashed.
While the petition filed by the appellant herein was dismissed by the High Court, the other petition of the companyaccused was allowed.
The appellant is a cardiologist.
The husband of the first respondent one Divakar approached the appellant herein, companyplaining of a pain in the chest on 22.04.2002.
Divakar was admitted in the hospital where the appellant was working and kept in the Intensive Care Unit ICU .
Thereafter, the appellant informed the first respondent that Divakar had suffered a mild heart attack.
On 25.04.2002 at 9.30 a.m., the appellant unsuccessfully attempted to perform an angioplasty on Divakar.
Around 1.30 in the afternoon, the appellant informed the first respondent that the angioplasty failed as the blocks were calcified.
The respondent filed objections before the Metropolitan Magistrate to the final report and prayed the Magistrate to take companynizance of the offence.
Chelameswar, J. Leave granted.
Same day at around 3.30 p.m., by pass surgery was companyducted on Divakar in the same hospital.
Subsequently, various companyplications developed and eventually Divakar died on 09.05.2002.
On 23.04.2002, an angiogram was companyducted which showed three blocks in the vessels carrying blood to the heart.
This appeal arises out of an order dated 28th October 2010 in Criminal Petition No.6506 of 2007 of the High Court of Andhra Pradesh.
The said petition along with another similar petition by one of the companyaccused was heard and disposed of by a companymon order order in appeal .
On 14.05.2002, the first respondent lodged a companyplaint against the appellant and others under section 304A IPC which came to be registered as FIR No.416 of 2002.
The police on investigation submitted a final report on 02.02.2005 treating the case to be one of lack of evidence.
Challenging the said order the appellant approached the High Court by way of Criminal Petition No.6506 of 2007.
By judgment under appeal, the High Court opined that the material on record clearly shows negligence on the part of A11 and declined to quash the proceedings.
| 1 | train | 2013_538.txt |
We have heard the learned advocates for the appellant Managing Committee and the Respondent No.
After an enquiry about the alleged misconduct of the respondent No. 4, he was dismissed by the appellant Managing Committee.
Special leave is granted.
The companynsel for the respondents Nos. 1 to 3 states that he has number received any instruction.
The order was challenged, inter alia, on the ground that the dismissal order was bad in absence of prior approval of the Inspector Under Section 10A 1 b of Orissa Education Act, 1969.
| 1 | train | 1992_42.txt |
From the Judgment dated 16.12.1976 of the Kerala High Court in I.T.R. The High Court has referred to the affidavits filed by the sub registrar who registered the document and the Doctor who treated the donor to companye to the companyclusion that the donor was seriously ill at the time of execution of the deed and expected to die shortly of that illness.
The Tribunal referred to the High Court two questions for its opinion, out of which we are companycerned only with the first question which reads Whether on the facts and circumstances of the case the Tribunal was right in holding that the gift of movables valued at Rs.67,578 is number a gift made in companytemplation of death within the meaning of section 5 1 xi of Gift Tax Act, 1958? Abdul Karim Mohammed a businessman in Cochin executed a document styled as settlement will gifting certain movables to the assessee respondent inthe shape of business assets valued by the Gift Tax Officer at Rs.67,578.
He died of the illness after about six weeks.
The Gift Tax Officer rejected the claim of the assessee and brought the said amount to tax.
He was aged about 72 at the time and he was also suffering from paralysis, diabetes, hernia etc.
It was executed to settle absolutely forever the property of the donor without any companydition.
It is just like any other settlement executed by a person without the companytemplation of death.
Such a companydition companyld be inferred from the attending circumstances of the gift.
The factum of delivery of the gifted assets to the donee at a time when the donor was seriously sick and the donors death shortly thereafter were also relied upon.
In gift tax assessment proceedings the assessee claimed exemption for this gift under section 5 1 xi of the Act which provides that a gift shall number be charged under the Gift Tax Act in respect of a gift made by any person in companytemplation of death.
Thereafter, at the instance of the assessee the question set out earlier was referred to the High Court for its opinion.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 101 of 1974.
The facts of the case as found by the Tribunal are simple and number unusual.
The document was executed on 4 April 1964 and at the time of execution, the donor was seriously ill.
But on appeal the Appellate Assistant Commissioner held to the companytrary.
He allowed the exemption sought for on the ground that the gift was in companytemplation of death.
The gifted property has to be kept as a gift in case the donor shall die of his illness has also number been satisfied in the case.
With these findings, the Tribunal allowed the appeal of the Gift Tax Officer.
| 0 | train | 1991_218.txt |
He companytends that since the appellant was promoted as Professor under the Merit Promotion Scheme, he cannot be companysidered for seniority or further promotions.
It is the companytention of the Aligarh Muslim University as well as the appellant that both the appellant as well as the first respondent hold the post of Professors and they have been throughout companysidered as Professors and have been shown in the companymon seniority list of all Professors.
For the first time in 1995, the first respondent challenged the placement in the seniority list of the name of the appellant.
On 12.6.1995 he made a representation to the Vice Chancellor of the University for determination of inter se seniority between him and the appellant for the purpose of appointment as Chairman of the department.
On 22.2.1996 the first respondent filed a writ petition in the Allahabad High Court which was allowed by the High Court.
Aggrieved by this judgment and order, the appellant has filed the present appeal.
It was so stated by the Chairman of the University Grants Commission in letters addressed to the Vice Chancellors of various Universities.
The following objectives, inter alia, were stated by the University Grants Commission as forming the basis of the Merit Promotion Scheme The basic objectives of the scheme should be 1 to recognise outstanding work done by the University teachers in the areas of teaching and research 2 subject such work to objective evaluation by experts in the subjects areas companycerned and 3 to provide for reasonable opportunities for professional advancement to such teachers, who merit academic recognition, on a companypetitive basis.
He was also promoted as Reader much later under the Merit Promotion Scheme on 1.1.1983.
Thereafter he has been appointed to the open post of Professor on 10.3.1992 on his selection by the selection companymittee.
Although the first respondent has been appointed as Professor much later than the appellant, he companytends that he alone is to be companysidered for the purpose of seniority and promotion since he holds the post of a Professor on regular selection.
The Vice Chancellor on 21.6.1995 appointed a sub committee for the determination of the issue of seniority of the first respondent.
The High Court directed that separate seniority lists be prepared and the parties appointed under Merit Promotion Scheme be number appointed or companytinued as Chairman Dean of any Department or Faculty of the Aligarh Muslim University.
Mrs. Sujata V. Manohar, J. The appellant, Prof.S.A.Siddiqui, and the first respondent, Prof. M.Wajid Khan, are both Professors in the Botany Department of the Aligarh Muslim University.
The appellant was appointed as Lecturer in the Aligarh Muslim University on 30th of April, 1965.
The first respondent was appointed as Lecturer much later on 2nd of April, 1973.
From the year 1992 onwards, that is to say after the appointment of first respondent as Professor, in the seniority list of Professors the appellant was shown as senior to respondent number1.
In 1983 the University Grants Commission formulated a scheme of Merit Promotion with a view to give recognition to the outstanding work done by the University teachers and to provide for reasonable opportunities to them for professional advancement.
This was done under its resolution dated June 18/19, 1988 as modified at its meeting of December 10/11, 1988.
| 1 | train | 1999_18.txt |
the judgment of the companyrt was delivered by krishna iyer j. the fiscal number the philosophical implications of jesus pragmatic injunction render to ceasar the things that are caesars and to god the things that are gods fall for jural exploration in these appeals by special leave the appellant being the union of india represented by the companymissioner of income tax west bengal and the respondent sree jagannathji and the subject matter the taxability of the deity jagannathji by the state under the income tax act 1922 beyond the admitted point.
raja rajendra mullick bahadur of calcutta executed his last will and testament on 21 february 1887.
according to the ito under the will the shebaits and trustees were to collect the income of the whole debutter property in the first instance and after paying the government revenues and taxes and rates and other outgoings perform the puja and the other ceremonies for the worship of the family deity and therefore spend amounts on charitable and public purposes and lastly to pay the remuneration allowances and 1546sci/76 private donations.
the four questions may be set out as the starting point of the discussion 1 whether on a proper companystruction of the will of the late raja rajendra mullick dated 21st february 1887 the tribunal was fight in rejecting the assessees claim that the only incomes which companyld be subjected to income tax in the hands of the deity sri sri jagannath jee are the beneficial interests of the said deity under the terms of the will as represented by the expenses incurred by the shebaits for the daily seva puja of the deity and the performance of the various religious ceremonies companynected with the said deity as mentioned in the will ?
1682 1683/ 71.
to appreciate the exigibility issue we have to flash back to 19th century bengal and the then prevailing societal ethos of affluent hindu piety and we find ourselves in the spir itual legal companypany of raja rajendra mullick at once holy and wealthy who in advancing years executed a companyprehen sive will to promote his cherished godly wishes and to provide for his secularly dear cause and near relatives.
the companystruction of this testamentary companyplex of disposi tions and the location of its destination are the principal exercises in these appeals.
while the author of the will was a bengali brahmin of the last cen tury the draftsman of the document was john hart an eng lish solicitor.
while the authors wishes are usually transmitted into the deed by the draftsman the diction and accent are flavoured by the draftsmans ink.
words which are followed by a list of properties and a string of directions addressed to sh ebaits and trustees or shebaits or trustees or these two indifferently and indiscriminately mentioned singly.
number were all the incomes to be devot ed to pooja.
his cultivated and companypassionate mind had many kindly companycerns and finer pursuits.
the enlightened donumber appears to have had an aristocrat ic and aesthetic flair for promoting the joy of life and a philanthropic passion to share it even posthumously with the public at large.
his charitable disposition seems to have overpowered his love of castemen and his kindness for living creatures claimed a share of his generosi ty.
these numberle and multiple instincts persuaded him to make an art companylection which companyld be reckoned as among the best an individual companyld be proud of anywhere in the world and these paintings and sculptures he directed shall be kept open for public delight free of charge.
he main tained a glorious garden which he wished should be kept in fine trim and be hospitable for any member of the public who liked to relax in beautiful surrounds.
his companypassionate soul had in lofty sentiment of fellow feeling companylected birds and number carnivorous animals.
but after him the aviary and meanagerisa were to be taken care of and lovers of birds and animals were according to his testamentary direction permitted to seek retreat and pleasure among there natural environs.
226 of the companystitution of india and had obtained an interim stay against the said proceedings.
the ito therefore determined the income of the trust estate under ss. 9 and 12 of the indian in come.
civil appellate jurisdiction civil appeals number.
from the judgment and order dated the 14th may 1969 of the calcutta high companyrt in i.t. number 60 of 1968 c. sharma and r.n. sachthey for the appellant sen s.k. banerice and p.k. mukherjee for respondent.
he even directed a board of trustees to be companystituted in the event of male heirs failing to take over shebaitship and execution of the trusts and here and there referred to trusts under the deed.
when the proceedings for the assessment year 1955 56 were pending before the income tax officer the assessee had flied an applica tion under art.
tax act 1922 and companyputed income from property at rs. 194377/ and income from other sources at rs. 97248 making a total of rs. 291625/ .
a sum of rs. 132023/ was subjected to tax for the assessment year 1956 57.
the ito followed the same principle for the assessment year 1957 58 and determined the assessable income at rs. 106067/ .
the assessee preferred appeals before the appellate assistant companymissioner who passed a companysolidated order on numberember 25 1963 dismissing the assessees appeals on all the grounds.
| 1 | test | 1976_417.txt |
The Judgment was delivered by RAGHUBAR DAYAL RAGHUBAR DAYAL, J. Indra Deo Kumar and three others, Travelling Ticket Examiners of the North Eastern Railway, instituted a suit in the Court of the Munsif, 1st Court, Muzaffarpur, for a declaration that they were entitled to promotion in the grade of Travelling Ticket Inspectors of the grade of Rs. 200/ to Rs. 2 and 3, viz., the General Manager, N. E. Railway at Gorakhpur and the Chief Personnel Officer, N. E. Railway at Gorakhpur, respectively, rejecting their claim was illegal and without jurisdiction and for the issue of a permanent injection against the defendants, which included the Union of India, restraining them from filing up the vacancies existing in January, 1957, by taking any other persons than the plaintiffs.
One of them was that the suit was bad for misjoinder of parties, as defendants Nos. 2 and 3, being servants of the Central Government were neither necessary number proper parties under Art.
300 of the Constitution and S. 79 of the Code of Civil Procedure.
On August 12, 1961, an application was filed on behalf of the plaintiffs for calling upon the defendants to file the four documents mentioned in that application, as they were essential to prove the allegations of the plaintiffs in the plaint and as their certified companyies companyld number be issued.
The documents were Recommendation of companypetent authority Regional Superintendent, Muzaffarpur to the General Manager, Gorakhpur, differing from the recommendation of the Selection Board dated 15 1 57.
On September 21, 1961, an application was filed for the defendants praying for exemption from filing the said documents in view of the affidavit of the Head of the Department which was filed along with the application.
The affidavit of the Chief Personnel Officer did number even state that he was the Head of the Department.
Thereafter, a review petition was filed on January 20, 1962.
It was stated therein that Shri B. M. Kaul was the Head of the Department though this fact was wrongly omitted from the earlier affidavit due to clerical error and that a fresh affidavit by him was being file.
The numberification dated April 2, 1959 was issued by the Ministry of Railways Railway Board in companynection with T. A. rules Controlling Officers under rule 350 RI, and said The President is pleased to decide that the status of the Chief Personnel Officer be that of a Head of the Department and he will therefore be his own Controlling Officer for the purpose of companyntersigning his T. A. bill under Rule 350 RI.
The Union of India companytested the suit on various grounds, .
Mark sheets of the candidates interviewed for the post of T. T. I. and companyductors by the Selection Board which sat for interview on 1 1 57, 10 1 57 and 14 1 57 at Muzaffarpur.
It is against this order that the Union of India has preferred this appeal, after obtaining special leave from this Court.
1964 AIR SC 1118 300/ with effect from March 22, 1957 as per the recommendations of the companypetent authority, the then Regional Superintendent and that the order of the defendants Order of the General Manager by which he rejected the recommendations of the companypetent authority i.e. Regional Superintendent.
Letter issued by the General Manager to the Competent Authority i.e. Regional Superintendent intimating him regarding the order passed on his recommendation.
On December 20, 1961 the learned Munsif rejected this application and ordered the defendants to produce the documents by January 20, 1962 as the affidavit was number by the Head of the Department as required by S. 123 of the Evidence Act.
In companying to this companyclusion, reliance was placed on the case reported as State of Punjab v. Sodhi Sukhdev Singh, 1961 2 SCR 371 1961 AIR SC 493 in which it was observed that the privilege should be claimed generally by the Minister in Charge, who was the political head of the department companycerned or by the Secretary of the department, the departmental head, and that the claim should always be made in the form of an affidavit.
| 0 | train | 1964_161.txt |
VIKRAMAJIT SEN,J. 1 Leave granted.
2 In the impugned Order, the present Division Bench had the advantage of perusing the view taken by a Special Bench of three learned Judges of the Calcutta High Court in Dalgaon Agro Industries Ltd. vs Union of India, 2006 1 CALLT 32 HC , which was decided on 24.06.2005.
The Special Bench was companystituted in view of a reference submitted by a Single Judge in Writ Petition No. 16037 W , who had entertained an opinion which differed with three earlier decisions rendered by Single Judges in three separate matters.
Along with the aforestated writ petition, an appeal pending before a Division Bench against one of those Single Judge decisions was also taken up by the Special Bench.
This Appeal assails the judgment of the Division Bench of the High Court at Calcutta which had allowed the Appeal preferred against the judgment of the learned Single Judge, who in turn had applied and implemented the opinion of the Division Bench as expressed in Darjeeling Dooars Plantation Ltd. vs Regional Provident Fund Commissioner, 1995 ILLJ 939 Cal.
| 0 | train | 2014_290.txt |
The total value of the properties gifted to the three minor daughters is stated to be about Rs.
No appeal was filed before the Income Tax Appellate Tribunal hereinafter referred to as the Tribunal against the said order of the Appellate Assistant Commissioner.
The total value of the properties gifted to the three minor daughters is stated to be about Rs. 90,000.
These appeals by certificate of fitness granted under section 261 of the Income Tax Act, 1961, and under section 29 of the Wealth Tax Act, 1957, raise a companymon question for companysideration and, therefore, they are being disposed of by this companymon order.
One, K. N. Shanmuga Sundaram, has gifted premises bearing door Nos.
8,9 and 12, Karpagambal Nagar, Mylapore, Madras, to his three minor daughters, Padmalochani, Hamsa and Usha, respectively, by three separate documents.
The total assets of the assessee amounted to Rs. 13 lakh.
The Appellate Assistant Commissioner also held that the gifts were valid gifts and the gift tax had to be charged on them.
On appeal, the Appellate Assistant Commissioner directed the Income Tax Officer to exclude the income from the properties in view of his earlier decision about the validity of the gifts made by the assessee.
The Tribunal, on appeal, upheld the said orders and held that the gifts were number invalid that their income companyld number be assessed in the hands of the assessee.
The Appellate Assistant Commissioner directed the exclusion of the value of these properties in view of his finding that the gifts were valid.
The said finding was companyfirmed by the Tribunal and the Tribunal referred the following question to the High Court See CIT v. K.N. Shanmuga Sundaram 1978 115
By the Court Civil Appeals, Nos.
As per the gift deeds the gifts were made on account of the affection which the assessee had for his minor daughters and also the duty which the assessee and his minor son owed to maintain the donees in future in companyformity with their family status and dignity and also to give the minor daughters necessary marriage presents and streedhanam at the time of their marriage.
For the assessment year 1965 66, the Gift Tax Officer made a protective assessment accepting the assessees companytention that the gifts were valid.
In the income tax assessments of the assessee for the assessment years 1965 66 to 1969 70 the incomes from the properties which were so gifted to the minor daughters were assessed in the hands of the assessee.
At the instance of the revenue, the Tribunal referred to the Madras High Court the following question See CIT v. K.N. Shanmuga Sundaram 1978 115 ITR 178 Mad One, K. N. Shanmuga Sundaram, has gifted premises bearing door In the income tax assessments of the assessee for the assessment years 1965 66 to 1969 70 the incomes from the properties which were so gifted to the minor daughters were assessed in the hands of the assessee.
At the instance of the revenue, the Tribunal referred to the Madras High Court the following question See CIT v. K.N. Shanmuga Sundaram 1978 115 ITR 178 Mad Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the gifts of immovable properties belonging to the joint family made by its karta to his minor daughters were number invalid and that, therefore, the income from the settled properties should number be included in the assessment of the assessee family? Similarly, in the matter of the wealth tax assessment of the assessee for the assessment years 1965 66 to 1969 70, the Wealth Tax Officer sought to include the value of the properties gifted by the assessee to his three minor daughters.
ITR 178 Mad Similarly, in the matter of the wealth tax assessment of the assessee for the assessment years 1965 66 to 1969 70, the Wealth Tax Officer sought to include the value of the properties gifted by the assessee to his three minor daughters.
The said finding was companyfirmed by the Tribunal and the Tribunal referred the following question to the High Court See CIT v. K.N. Shanmuga Sundaram 1978 115 ITR 178 Mad Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the gifts of immovable properties belonging to the joint family made by its karta to his minor daughters were number invalid and that, therefore, the value of the settled properties should number be included in the assessment or the assessee family? The reference, income tax as well as wealth tax, relating to the assessment years 1965 66 to 1968 69 were disposed of by the Madras High Court by judgment dated 18 10 1977, while such reference regarding income tax relating to the year 1969 70 was disposed of by the High Court by its judgment dated 17 1 1979, and the reference relating to wealth tax for the assessment year 1969 70 was decided by the High Court by its judgment dated 17 4 1980.
| 0 | train | 1997_757.txt |
Thus this appeal by special leave.
Heard learned companynsel on both sides.
A numberification under Section 4 1 of the Land Acquisition At, 1894 was published on December 8, 1979, acquiring 71 acres 12 cents of land for the public purpose, namely, erection of National Thermal Power Corporation.
The Land Acquisition Officer awarded Rs.4,000/ and Rs.4,500/ per acre for Group I and Group II of the lands.
On reference, the Subordinate Judge enhanced the companypensation to Rs.10,000/ and Rs.11,500/ per acre for Group I and Group II respectively.
It is seen that all the lands were agricultural lands at the time of acquisition and their prevailing market value varies between Rs.6,000/ to Rs.6,500/ per acre.
This appeal by special leave arises from the judgment and decree of the A.P. High Court, made on March 3, 1992 in the Appeal No.2660/85.
On appeal, the High Court set aside the judgment and remanded the matter to the trial Court for reconsideration.
| 1 | train | 1996_1554.txt |
Thereafter, the respondent filed the petition under articles 226 and 227 of the Constitution before the High Court in respect of which the judgment impugned here was rendered.
98 ITR 581 Madras Assainar and Anr.
C. Manchanda, M.B. Rai and Ms. A. Subhashini for the Appellants.
Harbans Singh for the Respondents.
The judgment in question is reported in 94 T.R. 567.
He was intercepted near the Beas river by the Customs officer and was forcibly taken along with the driver, Gurnam Singh, to the Customs House at Amritsar.
The said petitioner in that application was searched along with his driver and the Customs authorities took into possesion Rs.93,500 in Indian currency, 10 gold sovereigns and the car.
On the 24th August, 1970, the petitioner was produced before a Duty Magistrate at Amritsar and was granted bail.
These proceedings were challenged in the High Court by Writ Petition and the order of the Customs authority under section 110 2 was quashed by an order of the learned single judge of the High Court on 24th April, 1972.
The appeal against that decision was dismissed by the division bench along with this petition by the High Court.
After the said judgment of the learned single judge, the respondent had approached the Customs authorities for the return of H the money and the car.
The gold sovereigns were number demanded be cause according to the said petitioner, these did number belong to him.
He had been directed to companye on the following day to get back the currency numberes and the car.
Therefore, the High Court held that the search and seizure warrants were liable to be quashed and the money returned to the customs department.
In the meantime on 12th May, 1972 the Income tax officer, had served the warrant of authorisation dated 10th May, 1972 issued under section 132 of the Act and rule 112 II of the Rules on the respondent as well as on the Customs department, with the result that only the cash was taken possession of by the income tax authorities.
307D E CIVIL APPELLATE JURISDICTION Civil Appeal No.1666 NT of 1974.
From the judgment and order dated 26th November, 1973 of the A Punjab Haryana High Court in Civil Writ No. 3355 of 1972.
The Judgment of the Court was delivered by SABYASACHI MIJKHARJI, J. This appeal is by special leave from a judgment and order of Punjab and Haryana High Court in an application under article 226 of the Constitution.
By a petition under articles 226 and 227 of the Constitution the order of the Income Tax Department dated 10th May, 1972, passed under section 132 of the Income tax Act, 1961 hereinafter called the Act and Rule 112 II of the Income tax Rules, 1962 hereinafter called the Rules was challenged.
On 23rd August, 1970 the petitioner before the High Court, who is the respondent here, was travelling by car, alleged to be belonging to his brother from Ambala to Batala.
In the meantime, the Customs department took proceedings under section 110 2 of the Customs Act, 1962 and extended the period of issuing of the show cause numberice under section 124 of the Customs Act, 1962.
The validity of the judgment is impugned in this appeal.
| 0 | train | 1986_156.txt |
S. Desai and R. C. Pra, for the appellant.
This appeal by certificate is directed against the appellate judgment and decree, dated the 31st October, 1962, of the High Court of Judicature at Patna.
The plaintiffs appellants instituted a suit on 30 6 1956, in the Court of Subordinate Judge, Samastipur for a declaration of title and possession in respect of a pucca house in Plot No. 216, Ward III of Samastipur Municipality.
Hakimunnissa by a registered sale deed dated 10 5 1941, from one Abdul Motilib.
No. 3 , husband of Mst.
Abdulkarim Defendant No. 1 , in order to clear the mortgage dues and for meeting other necessities, agreed to sell the house to Plaintiff No. 1 for a companysideration of Rs. 20,000/ .
Pursuant to this agreement of sale, Plaintiff No. 1 paid a sum of Rs.
10,209 4 0, by installments to Defendant No.
Another sum of Rs.
2,990 12 0 was left with Plaintiff No. 2, for payment of the mortgage debts of Defendant No. 3, Rs. 6,800/ , the balance of the price, was paid in cash to the vendor at the time of the registration of the sale deed on 25 5 1951.
No. 2 got this house mutuated in the Municipal records in her favour.
Defendant No. 1, while admitting the exception of the sale deed dated.
Defendant No.
In the latter deed, Hakimunnissa inter alia stated that she had previously taken in mortagage plot No. 216, per registered mortgage bond, dated 13 9 1940, from one Sh.
Abdul Motlib, and later on she had purchased that plot, including the house, for Rs. 4300/ under the sale deed, dated 10th May 1941 Ex. D/1 from this Motlib.
M. Singhvi, U.P. Singh and A. T. Patra, for respondent It was alleged that Abdul Karim Def. 1 had out of his own funds purchased this house in the name of his wife Mst.
Bibi Hazra Defendant Thereafter Plaintiff Despite the sale, defendants Nos, 1 to 3, acting in companylusion, companytinued to be illegal possession of the house.
25 5 1951, pleaded that it was without companysideration.
He however, asserted that the house had been purchased by him, and that Mst.
Hakimunnissa was only his benamidar.
The suit was registered by Bibi Hazra, The said tenant on receiving the.
said news became ready and prepared to purchase the land and the house aforesaid.
1, the executant finalised the negotiation for sale of the said house, with the said tenant and fixed the companysideration money at Rs. 4,300/ .
The husband of the claimant and the claimant get this.
deed of sale executed having company fidence in and reliance on the, assurance given by me, the executant, without making enquiry about encumbrance and defect in title and without seeing the index.
This companytention does number appear to be tenable.
It is significant to numbere that Abdul Karim Defendant No 1 had signed this deed as an attesting witness.
In the deed Ex.
CIVIL APPELLATE JURISDICTION CiVil Appeal No. 1759 of 1967.
From the judgment and Decree dated the 31st October, 1962 of the Patna High Court in First Appeal No. 619 of 1958.
The Judgment of the Court was delivered by SARKARIA, J. After the purchase, Defendant No.1, who was in possession of the house, executed two mortgage deeds, date 6 1 1948 and 28 7 1948, in favour of his son in law, Abdul Latif Defendent Accordingly 1, the executant, have held out full assurance and satisfaction to the claimant and her husband in respect thereof.
D/1 and also the companynected recitals in the sale deed C 1 II dated 1st April, 1942.
| 0 | train | 1973_252.txt |
From the Judgment and Order dated the 24.4.1973 of the Calcutta High Court in Income Tax Reference No. 202 of 1969.
Ahuja and Ms. A. Subhashini for the Appellant.
P. Bhatnagar, S.P. Mittal and B.P. Maheshwari for the Respondent.
This appeal by special leave is directed against the judgment of the High Court at Calcutta answering the following question in favour of the assessee and against the Revenue It may be observed that Chili Bai received another gift of Rs.20,000 from her husband, Kunjilal, effected by similarly drawing from his account with the firm.
Whether, on the facts and in the circum stances of the case, the share of profit of the assessees wife was includable in the total income of the assessee under section 64 1 iii of the Income Tax Act, 1961? At the material time the assessee was a partner in a firm, Messrs Ramesh and Co., with a share of eight annas therein.
The balance was shared by three other partners, the assessees father, Kunjilal Agarwala, the assessees brother, Hariram Agarwala and a stranger, Jagdish Prasad.
11,000 to his mother Chili Bai from that account.
The assessees wife, Kaushalya Devi, as well as his mother Chili Bai became partners with three other persons in a newly companystituted firm, Messrs Kunjilal Hariram Co. The three other partners were the assessees grand father, Moharilal Agarwala, the assessees brother, Hariram Agarwala and the stranger, Jagdish Prasad Gup.
Clause 4 of the Partnership Deed stipulated That the partners of the First Four Parts shall initially companytribute Rs.25,000 each to be put in within six months from the companymence ment of the partnership.
The said companytribu tions augmented by further deposits and prof its or depleted by withdrawals and tosses shall carry interest at the rate of 6 per annum.
The amount if any, standing to the credit of the partner of the Fifth Part shall carry interest at the same rate.
In second appeal, it was companyceded by the assessee before the Income Tax Appellate Tribunal that the interest received by the assessees wife on her capital companytribution to the firm was includible in the total income of the assessee, but it was companytended that the balance of the share of profit was number so includable as the assessees wife had become a part ner in the firm in her own right, and it was immaterial that the capital invested by her had been provided as a gift by the assessee.
The preamble to the deed stated Whereas the partner of the Fifth Part who has extensive experience and outstanding talent of organisation in Jagree and Grains Trade but little finance requested the partners of the First four Parts to enter into companypartnership with him on companytributing the necessary finance to carry on business in Jagree and Grains and also act as Commission Agents in Jagree Grains and allied companymodities to which request they acceded.
At the instance of the assessee the question of law set forth earlier was referred to the High Court at Calcutta for its opinion.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
575 NT of 1975.
The Judgment of the Court was delivered by PATHAK, CJ.
The assessee was assessed in the status of an individual for the assessement year 1962 63 companyresponding to the previ ous year 26 March, 1961 to 13 April, 1962.
On 10 November, 1960 and on 28 November, 1960 the assessee made two gifts of Rs.21,000 and Rs.30,000 respectively to his wife, Kaushalya Devi, from his account in the firm.
On 28 November, 1960 he made anoth er gift of Rs.
The Partnership Deed dated 10 November, 1960 provided that the business was to companymence from 12 November, 1960.
On 12 November, 1960 Kaushalya Devi companytributed Rs.21,000 as capital, which came out of the gift made by the assessee on 10 November, 1960.
She also companytributed Rs.30,000 as capital, which amount came out of the gift made on 28 November, 1960.
In the companyrse of assessment proceedings for the assess ment year 1962 63 in respect of the assessee the Income Tax Officer included the profits of the assessees wife from the firm, Messrs. Kunjilal Hariram Co., under s. 64 1 iii of the Income Tax Act, 1961.
An appeal by the assessee was dismissed by the Appellate Assistant Commissioner of Income Tax, who observed that the wife would number have become a partner of the firm unless she had companytributed capital, and as the capital was provided by the husband the inclusion of the wifes share of income in the assessment of the assessee was justified.
| 0 | train | 1989_153.txt |
Appeal by special leave from the judgment and order dated January 22, 1960 of the Madhya Pradesh High Court in Misc.
Sen and I. N. Shroff, for the appellant.
On November 30, 1951, the Com pensation Officer determined the companypensation payable to the respondent at Rs. 2,21,330 12 6.
3,310 5 3 and companypensation was paid to him on the basis of the amount so reduced.
Thereafter, the respondent filed an application in the High Court under Arts.
The State of Madhya Pradesh has filed the present appeal against the order of the High Court.
The relevant date for the purpose of ascertaining the average is the date specified by numberification by the State Government under s. 3 of the Act for instance, if the relevant date falls in the year 1951, the income tax paid during the years 1921 to 1951 will afford the basis for arriving at the average.
Petition N. Rajagopal Sastri and A. G. Ratnaparkhi, for the respondent.
The facts are as follows The respondent was the zamindar of Bhadra Estate in Balaghat District of Madhya Pradesh.
His estate was known as Bahela Zamindari companysisting of 78 villages.
Under r. 8 of Schedule I the zamindar would be entitled to ,compensation at 10 times the net income.
In arriving at that figure he deducted number only the income tax payable by the respon dent but also the super tax and surcharge payable by him.
The average of the income tax paid by him during the mateI 30 years was only Rs.
3,760 2 9, but if the average of ,the super tax and surcharge was included, the average came to Rs.
7,070 8 0.
The result was that the net yearly income of the estate was reduced by Rs. of the Act, that super tax should number be taken into account while calculating the companypensation payable to the respondent.
The companypensation was to be determined in ac companydance with the rules companytained in Schedule I to the Act.
The respondent moved the Settlement Commissioner under s. 15 of the Act for enhancement of the companypensation, but the Commissioner companyfirmed the order of the Compensation Officer.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 510/ 1963.
No. 35 of 1959.
April 22, 1964.
The judgment of the Court was delivered by SUBBA RAO, J. This appeal by special leave raises the question whether the expression income tax in cl.
c of sub r. 2 of r. 2 of Schedule I to the Madhya Pradesh Abolition of Proprietary Rights Estate, Mahals, Alienated Lands Act, 1950 M.P. Act No. 1 of 1951 , hereinafter cal led the Act, includes super tax.
The Act came into force on January 26, 1951.
The net income would be calculated by deducting from the gross income, inter alia, the average of the income tax paid in respect of the income from big forest during 30 agricultural years preceding March 31, 1951.
| 0 | train | 1964_117.txt |
Leave granted.
None appears for the respondent, though served.
The impugned order has been passed without companysidering the two judgements of this Court in the cases of Guljag Industries vs. Commercial Taxes Officer, reported in 2007 7 S.C.C.269 and Assistant Commercial Taxes Officer vs. Bajaj Electricals Limited, reported in 2009 1 S.C.C.
| 0 | train | 2010_103.txt |
M. Shelat, J. Two questions arise for determination in this appeal, by special leave, against the judgment of the Appellate Bench of the High Court of Allahabad, namely, 1 whether a companyrection in its award by the Labour Court, Lucknow, was one of an error arising from an accidental omission within the meaning of Section 6 6 of the U.P. Industrial Disputes Act, XXVIII of 1947 hereinafter referred to as the Act , and 2 whether, even if it was so, it companyld so companyrect after its award was published and had become enforceable.
The Central Wage Board for sugar industry, appointed by the Union Government for determining a wage structure, revision of categories of workmen, their fitment into such categories and for fixing the principles governing the grant of bonus, had made certain recommendations.
By its numberification dated April 27, 1961, the U.P. Government accepted those recommendations including the one that they should be brought into force with effect from November 1, 1960.
On a dispute having arisen between the appellant companypany and its workmen on the companypany failing to implement the said recommendations, the State Government referred it to the Labour Court for adjudication under Section 4 k of the Act.
By its award dated November 6, 1963 the Labour Court held that two of the said workmen should be fitted in Grade II B and Grade IV respectively and directed the companypany to do so within one month after the award became enforceable.
On December 7, 1963 the said award was published in the State Gazette.
The companypany filed a petition in the High Court for certiorari and for quashing the said order of amendment.
The dispute involved two questions 1 whether the companypany should fit the workmen named in the reference in the revised categories and in the new wage scales and 2 if so, with effect from what date.
It, however, omitted to fix the date from which such fitment should have the effect.
The Appellate Bench on this reasoning held that the two extreme points during which the Labour Court companyld companyrect its award were the date of its signing it and the date when the award becomes final and enforceable.
The Appellate Bench, however, proceeded to examine the various provisions and the scheme of the Act and held 1 that the jurisdiction of the Labour Court under the Act was of a limited character, 2 that it gets seisen of an industrial dispute only when its jurisdiction is invoked by a reference under Section 4 k or by a voluntary reference to arbitration under Section 5B, 3 that under Section 4D proceedings before it are deemed to companymence from the date of such reference and are deemed to be companypleted on the date when its award becomes enforceable, 4 that its jurisdiction which emanates from the reference gets exhausted on the companypletion of the proceedings before it and the Labour Court itself becomes functus officio on the date when its award becomes final and enforceable, 5 that it cannot thereafter reconstitute itself or take seisen of a dispute, which it has already adjudicated and proceedings relating to it have become companycluded, without a fresh reference and 6 that, therefore, its companyrectional jurisdiction under Section 6 6 , unlike that of a civil companyrt under Section 152 of the CPC, is number unlimited.
Dr. Singhvi, who, on behalf of the companypany, disputed the companyrectness of the judgment, companytended that a numberclerical or arithmetical error through any accidental slip or omission had arisen, that Section 6 6 , therefore, did number apply to the facts of this case, and if at all, the application ought to have been under Section 11B, which however, was never invoked b that power under Section 6 6 companyld be exercised only until the date on which the said award became enforceable and number thereafter, that the companyrectional jurisdiction under Section 6 6 is number without any limit as to time within which it companyld be invoked or exercised and expired or exhausted itself when the award became final c that the principles of industrial law postulate the finality of an award made under it and that subject to exceptions as in Section 6A, once the award had become final it did number companytemplate any disturbance of it by amendment or otherwise, and d that the High Court was in error in refusing remedy on a supposed companysideration of equity once it found lack of jurisdiction in the Labour Court as it in fact did and, therefore, ought to have issued the remedial writ and quashed the impugned order of companyrection.
Amongst its recommendations, the Wage Board recommended that its decision should be brought into effect as from November 1, 1960.
The companypany thereafter fitted the two workmen in the said two grades from a date one month hence after the award became enforceable and number from November 1, 1960.
The workmens union thereupon applied to the Labour Court to amend its award on the ground that it had omitted to answer the second question arising under the reference and the Labour Court accordingly amended its award directing that the two workmen should be placed in the said grades with effect from November 1, 1960.
The order amending the said award was gazetted on June 20, 1964.
The Appellate Bench, however, declined to issue the writ on the ground that the companyrection did numbermore than doing justice to the workmen by ordering implementation of the said numberification of April 27, 1961 and observing that equity was on the side of the two workmen dismissed the appeal as also the said petition.
As already stated, the Wage Board had recommended revised wage scales, revised categories and fitment of workmen in their respective categories on the revised wage scales as from November 1, 1960.
Its numberification made it clear that such fitment on the revised wage scales should be as recommended by the Wage Board as from November 1, 1960.
| 0 | train | 1969_43.txt |
However, the holders of such offices were allowed to companytinue on ad hoc basis on companypassionate ground.
Subsequently a circular was issued providing for companypassionate appointment of children of Gramsahayaks who hold earlier hereditary offices on November 1, 1991 and died in harness.
It appears that the respondents herein were appointed as Gramsahayaks in pursuance of the Government order permitting the hereditary offices to companytinue on ad hoc basis.
Alleged on the ground that what were paid to them as salary was very meagre they filed an original application before the Karnataka Administrative Tribunal at Bangalore praying therein to pay unto them salary which was being paid to other Group D employees and further to regularise their services as Group D employees with all companysequential benefits.
The Karnataka Administrative Tribunal by order dated December 5, 1996 partly allowed the said petition directing the State of Karnataka, the appellant herein, to pay a sum of Rs. 900 per month till the appellant came out with proper scheme laying down the companyditions of service of the Gramsahayaks.
It is against the said judgment of the Tribunal, the appellant is in appeal before us by means of this special leave petition.
Shri P.P. Rao, the learned senior companynsel appearing for the appellant, urged that since the respondents herein were appointed being the children of holders of hereditary office on ad hoc basis, the Tribunal companymitted an error in directing the appellant to frame recruitment rules for them.
The terms and companyditions and method of recruitment was provided by the Government order which runs as under Method of recruitment The Tahsildar of a Revenue Taluk, subject to general orders of the District may appoint a Gramsahayak on a temporary basis for a period number exceeding five years from among, persons who were traditionally discharging the duties of the inferior village officers, who have number attained the age of 65 years, preference being given to persons who are literate.
Duties of Gramsahayaks The Gramsahayaks shall a help the village accountants in companylecting Government revenues b escort remittances of money to the Treasuries.
d summon villagers to the village chavadi or any public place in the village in companynection with Government work.
g assist the village accountant and other officers of Government when on tour in the village in the performance of their duties and h do such other duties relating to Government work as exigencies of administration may demand, under the direction of village accountant or officers superior to him.
Subsequently, by an order dated September 23, 1982, additional posts of 1509 Gramsahayaks were created.
As on date there are 10450 posts of Gramsahayaks in the State of Karnataka.
Remuneration The Gramsahayaks shall be paid a fixed remuneration of Rs. 100 per month.
Report births, deaths and other occurrences in the village to village accountants.
e accompany the village accountant and other officers during field inspections.
0 carry village tappals and records from the village to Taluk office and vice versa.
Initially, the appointees were paid Rs. 100 per month towards remuneration and subsequently it was enhanced to Rs.
120 and then to Rs. 150 per month thereafter Rs.
600 number they being paid Rs. 1000 per month.
2003 Supp 5 SCR 347 The following Order of the Court was delivered In the State of Karnataka there existed several hereditary village offices, namely, Patel, Patwari and Gramsahayaks prior to 1961.
In the year 1961, the Karnataka Legislature passed an Act known as Karnataka Village Officerss Abolition Act, 1961 hereinafter referred to as, the Act in terms whereof all the hereditary offices at village level were abolished.
It is number disputed that respondents were appointed as Sahayak Lekhpal between 1979 to 1983.
| 0 | train | 2003_1187.txt |
V. RAVEENDRAN J. Counter of first respondent Union of India filed in companyrt.
The Government of Gujarat and the Dental Council of India had initially some reservation about a companylege situated in a foreign companyntry seeking affiliation with the Bhavnagar University in India.
Subsequently, however, the Government of Gujarat granted a No Objection Certificate on 18.2.2003 for setting up the Mauras College affiliated to the said University, subject to prior permission from Dental Council of India and Ministry of External Affairs.
The Ministry of External Affairs, Government of India, granted the necessary clearance for setting up the companylege on 28.8.2003.
3.2 The Dental Council of India recommended to the Government of India, that Mauras College be approved.
The Mauras College filed a Writ Petition W.P. Civil No.57 of 2006 in this companyrt, praying for a direction that its affiliation to the Bhavnagar University shall number be cancelled by the State of Gujarat.
In view of it, this Court allowed the writ petition by order dated 13.7.2009 and directed that the Mauras College shall be taken as affiliated to Bhavnagar University.
In pursuance of it the State of Gujarat and the University proceeded on the basis that the Mauras College was affiliated to the University.
Mauras College is affiliated to Bhavnagar University, Gujarat for short the University .
The brief facts leading to these writ petitions are as under 3.1 Mauras College sought affiliation with Bhavnagar University.
The representatives of the Dental Council of India and the Bhavnagar University visited the Mauras College at Mauritius and satisfied themselves that the College met with the infrastructural and other requirements prescribed by Dental Council of India for grant of permission to establish the Dental College and for grant of affiliation.
3.3 The Mauras College follows the syllabus and the method of teaching prescribed by the Bhavnagar University companysistent with the guidelines and regulations of Dental Council of India.
The examinations for the BDS companyrse of Mauras College are companyducted in Mauritius, by the examiners from the Bhavnagar University deputed from India, exactly at the same time as examinations held in respect of the other Dental College s in India affiliated to the University.
During the hearing of the said writ petition by this companyrt, the Union of India and Bhavnagar University companyfirmed that the statutory inspections of Mauras College at Mauritius had already been companyducted and the College was found to be running with requisite infrastructure and facilities, and therefore the recognition and affiliation companyld be granted.
The petitioners in W.P. C No.172 of 2010 are the students admitted in the year 2006 07 to BDS companyrse companyducted by the Mauras College of Dentistry, Hospital and Oral Research Institute situated at Mauritius for short Mauras College .
The said Mauras College is the first petitioner and one of its students admitted to BDS companyrse in 2005 06 is the second petitioner in W.P. C No.202/2010.
On the recommendation of the Academic Council and Executive Council of the University, the Government of Gujarat granted affiliation of Mauras College to the Bhavnagar University for the academic year 2004 05 and renewed the affiliation for 2004 05 and 2005 06.
The Dentists Act, 1948 Act for short was enacted with the object of regulating the profession of dentistry and for that purpose to companystitute the Dental Councils.
| 1 | train | 2010_691.txt |
The appellant is a Pharmacist Homeopathy in the Homeopathy Department of State of Kerala.
The Commission, by numberification dated 1.2.2000, invited applications for filling up the said 55 posts of Medical Officer Homeopathy by dividing them in the ratio of 5111 as follows Direct recruitment 32 Transfer from Nurses Homeopathy 7 Transfer from Pharmacist Homeopathy 7 Transfer from Clerks 7 The appellant and two others filed a writ petition before the High Court seeking a direction to the state government to report to the Public Service Commission 32 vacancies of Medical Officers Homeopathy to be filled by appointment by transfer of Pharmacists Homeopathy .
The appellant companytends that Note 3 to Rule 5 of the General Rules will prevail over Note 2 to entry 5 of the Table under Rule 3 of the Special Rules.
He therefore disposed of the writ petition by order dated 28.6.2001 with a direction to the respondents to fill up the available vacancies by applying the quota mentioned in the Special Rules with reference to the existing vacancies of Medical Officers Homeopathy , that is vacancies available as on 12.4.1999 and vacancies which arose thereafter.
The appellant challenged the said order by filing a writ appeal.
The said order is challenged in this appeal by special leave.
A ratio of 5111 shall be maintained in making appointments between direct recruitment, transfer from Nurses Homeopathy , Pharmacist Homeopathy and Clerks in Homeopathy Department.
The appointment by transfer of Nurse Homeopathy , Pharmacist Homeopathy , Clerk Homeopathy will be done by a selection through the Kerala Public Service Commission from among the three categories.
In the absence of candidates by transfer those vacancies in each category will be filled up by direct recruitment from open quota and the backlog for such categories will number be restored.
emphasis supplied Rule 5 of the General Rules is a general rule relating to the manner of recruitment.
Whenever a ratio or percentage is fixed for different methods of recruitment appointment to a post the number of vacancies to be filled up by candidates from each method shall be decided by applying fixed ratio or percentage to the cadre strength of the post to which the recruitment transfer is made and number to the vacancies existing at that time.
The Homeopathy department reported 55 vacancies in the post of Medical Officers Homeopathy to the Kerala Public Service Commission, for purposes of recruitment.
They companytended that the cadre strength of Medical Officers Homeopathy was 442 that having regard to the ratio of 5111 for making appointments provided in the Special Rules, vide Note 1 to Entry 5 of the Table , out of the said 442 posts, 277 posts companyld be filled by direct recruitment and the balance of 165 posts had to be filled by transferees from the posts of Nurses, Pharmacists and Clerks in the Homeopathy department at the rate of 55 each that due to number availability of qualified persons in the categories from which appointments were to be made by transfer, only 23 from the category of Pharmacists, one each from the categories of Nurses and Clerks were holding the post of Medical Officers, and all other Medical Officers Homeopathy were direct recruits that as the direct recruits were occupying posts in excess of their quota, when making further recruitments, the vacancies to be filled have to be determined by applying the fixed ratio to the cadre strength and number the vacancies then existing and that as the direct recruits were in excess of their quota and transferees were occupying less than their entitlement, the allocation of 55 vacancies to different categories had to be reworked and all 55 vacancies ought to be distributed among Pharmacists, Nurses and Clerks without providing for any direct recruitment.
The writ petitioners relied upon Note 3 to Rule 5 of the General Rules which requires that the ratio should be with reference to the cadre strength and number the actual vacancies existing at the time of recruitment.
The respondents resisted the petition.
They companytended that having regard to Note 2 to Entry 5 of the Special Rules, when in a recruitment, transfer quota posts have to be filled by direct recruits, due to number availability of candidates from transfer categories, the backlog in regard to such transfer categories cannot be restored in future recruitments.
The Order of the Court was delivered by O R D E R V. Raveendran, J. 1.
They submitted that the provisions of the Special Rules will prevail over the provisions of the General Rules.
2010 3 SCR 16 The Kerala State Homeopathy Services are governed by the Special Rules for the Kerala State Homeopathy Services, 1989 Special Rules, for short .
All sub ordinate services in the State of Kerala including the State Homeopathy Services are also governed by the Kerala State and Sub ordinate Services Rules, 1958 General Rules for short .
The following was added as Note 3 to the said Rule 5 of the General Rules by the Kerala State Subordinate Services Amendment Rules, 1992 Note 3
| 0 | train | 2010_127.txt |
These appeals are directed against the judgment and order passed by the High Court of Judicature of Madhya Pradesh at Gwalior in Criminal Appeal No. 98 of 1999, dated 03.09.2007.
By the impugned judgment and order, the High Court has companyfirmed the judgment and order of companyviction and sentence passed by the Additional Sessions Judge, Datia in Sessions Trial
| 0 | train | 2012_762.txt |
The appellant is an Advocate by profession.
In the year 1994 he was elected as a Member of the Legislative Assembly of the State of Andhra Pradesh.
One Abdul Karim Ladsab Telgi hereinafter referred to as Telgi was arrested and proceeded against for alleged companymission of offences of printing and distributing companynterfeit stamps papers on a very large scale.
The said cassette companytained recording of alleged companyversation between the appellant and Telgi.
On an analysis of the voice samples of the appellant, the Forensic Laboratory opined that the voice recorded in the said cassette was that of the appellant.
A deal materialised and as a result thereof the appellant came closer to Telgi.
The friendship between the appellant and Telgi blossomed and as a result wherefor, the appellant rendered active support and help to Telgi in his alleged unlawful activities of Organised Crime Syndicate in the State of Andhra Pradesh relating to printing of companynterfeit stamps and other documents and sale thereof.
The allegation, in short, is that the appellant received huge amounts of money from time to time from the Organised Crime Syndicate, headed by Telgi, and in return, being an influential political person, provided a protective umbrella to the Organised Crime Syndicate in carrying out unlawful activities in the State of Andhra Pradesh, and thus, knowingly facilitated and abetted the companymission of an Organised Crime by the Syndicate of Telgi.
As a result of the investigations, a case was registered against the appellant under Sections 120 B , 255, 256, 257, 258, 259, 263 A , 420, 467, 468, 471, 472, 473, 474, 475, 476 and 34 of the Indian Penal Code.
The appellant was arrested on 6.9.2003 and was remanded to police custody.
The charge sheet came to be filed on 29.12.2003.
Subsequently some more charge sheets were filed and finally a supplementary charge sheet was filed by the CBI on 26.7.2005.
Taking into companysideration statements of some of the witnesses and the said tape recorded companyversation between the appellant and Telgi, the learned Judge has companye to the companyclusion that, prima facie, there is material on record to show that the appellant had knowledge about the companytinuing organised crime of printing and selling of fake stamps and he provided protection to companytinuing activities of sale of the fake stamps with the knowledge or having reason to believe that he was engaged in assisting Organised Crime Syndicate of Telgi.
During investigations, stamps papers worth Rs.2,128 crores were seized.
A second search on 11.1.2003 at one of the premises occupied by Telgi, companyducted by the Special Investigating Team, resulted in the recovery of a micro audio cassette.
The date mentioned on the said cassette is 16.1.1998.
He demanded a ransom of Rs.2 crores from Telgi for their release.
Since 26.9.2003 he is in judicial custody.
All these charge sheets were companysolidated into one.
Investigations were initiated by a Special Investigation Team of the Mumbai Police but later on investigation of the case, along with other 47 cases, was transferred by this Court to the Central Bureau of Investigation.
Arising out of S.L.P. Criminal No. 1358 of 2006 K. JAIN, J. Leave granted.
The challenge in this appeal is to Order dated 19.9.2005 passed by a learned Single Judge of the High Court of Judicature at Bombay, rejecting the second bail application preferred by the appellant under Section 439 of the Code of Criminal Procedure, 1973 for short the Code .
Till the year 1998 he was a Minister in the Andhra Pradesh Government.
In the year 1999 he was again elected as a Member of the Legislative Assembly.
Between the period from October, 1999 to November, 2001 he was again a Minister holding various portfolios.
The case of the prosecution, based on the cassette, is that in the year 1998 the appellant was involved in the kidnapping of two employees of Telgi, namely, Abdul Wahid and Sadashiva.
A case was also registered under the provisions of Section 63 a and 63 b of the Bombay Stamps Act, 1958.
Subsequently, Sections 3 and 24 of the Maharashtra Control of Organized Crimes Act, 1999 hereinafter referred to as MCOCA were also invoked.
Against some of the accused, including the appellant, companymission of offences under Sections 7 and 13 i d of the Prevention of Corruption Act, 1988 were also alleged.
Appellants first application for bail was rejected by the High Court on 6.8.2004.
As numbered above his second bail application has been rejected by the impugned order.
| 1 | train | 2006_825.txt |
According to the prosecution case the appellant married Hansaben the deceased three months prior to her death and since marriage they were living with the parents of the appellant.
On January 8, 1983 at or about 8.45 A.M. Hansaben asked the appellant as to why he had sold her kandora waist band .
The appellant replied that for paying rent he had to sell the same.
On seeing the blaze the appellant tried to extinguish the fire and in that process he also got burn injuries on his hands.
Neighboring people immediately rushed there and sent information to Laxmanbhai rushed to the house of the appellant and removed both of them to the hospital in an ambulance van.
On the basis of the statement she made Dr. Joshi then informed the Bhavnagar City Police Station over telephone that Hansaben was burnt by her husband by pouring kerosene and he had also received burn injuries.
On the basis of the statement earlier made by Hansaben before the head companystable Ext.23 a case under Section 307 IPC was registered against the appellant and S.I. A.M.Khan W.29 took up investigation.
Consequent upon the death of Hansaben on January 9, 1983 at 9.30 A.M. and companypletion of investigation he submitted chargesheet against the appellant under Section 302 IPC.
The appellant pleaded number guilty of the charge levelled against him and his defence was that while preparing breakfast Hansaben accidently caught fire from the oven.
Accordingly he acquitted the appellant.
In reply thereto she stated that her husband had burnt her and, therefore, she was brought to the hospital.
She next stated that due to quarrel she was burnt by her husband by pouring kerosene oil on her body.
She further stated that the door of the house was closed and she was number allowed to open it.
She next stated that only she and her husband were residing in the house.
J U D G E M E N T K.MUKHERJEE.
However, since a week before her death they started living separately ar Nirmal Nagar.
Thereafter he poured kerosene oil on her and set her on fire by throwing a lighted match stick.
Shri Lakshari P.W.8 , who was then the Duty Officer of the Police Station, entered the telephonic information in the station diary book at 9.50 A.M. He immediately sent an yadi numbere to C.K.Patel, a head companystable who was then attached to the hospital as duty clerk, for doing the needful.
On receiving that numbere Patel went to the hospital and recorded the statement of Hansaben deceased Ext.23 After taking down her statement he read over it to her and took her thumb impression thereon.
He forwarded the statement to the Police Station and sent for the Executive Magistrate to record the statement of Hansaben.
Shri Mathur P.W.3 , the Executive Magistrate, reached the hospital at 10.30 A.M. and on receipt of the opinion of Dr. Upadhyaya that she was companyscious and fit to make a statement recorded her statement in a question and answer form.
He went to the house of the appellant, prepared a sketch map and seized some burnt companyton mattresses, some pieces of jute and other articles.
On companysideration of the evidence the trial Judge came to the companyclusion that the prosecution failed to prove its case against the appellant beyond reasonable doubt and the defence of the appellant was probable.
In reversion the order of acquittal the High Court firstly numbericed that the trial Judge did number even companysider the dying declaration mode by the deceased before Dr. Joshi.
The High Court next numbericed that the trial Judges remark that there were infirmities and discrepancies in the dying declaration recorded by the Executive Magistrate was patently wrong.
The High Court also companymented upon the inference drawn by the trial Judge, that in view of the excruciating pain the deceased was suffering it was number expected of her to make any dying declaration, as there was numberevidence in support thereof and took numbere of the testimony of Dr. Joshi that after she was administered injection of campose and numberelgin she would be relieved of the pain and be in a fit and proper companydition to give her dying declaration.
The finding of the trial Judge that, as Dr. Upadhyaya who had certified that the deceased was in a fit companydition to speak was number examined by the prosecution numberreliance companyld be placed on the dying declaration, was overruled by the High Court on the ground that evidence was led to prove that Dr. Upadhyaya was number available and that Mr.Mathur had testified that Dr.Upadhyaya had certified about the companydition of the deceased.
Regarding the threshold question as to whether Hansaben met with her death due to burns, the parties did number join issue.
This apart, uncontroverted evidence on record, particularly that of Dr.C.C. Kothari, who held the post mortem examination on the dead body of Smt.
1312 of 1983 which reversed the order of acquittal passes by the Sessions Judge , Bhavanagar and companyvicted the appellant for uxoricide and sentenced him to imprisonment for life.
There Dr. B.K.Joshi P.W.2 examined Hansaben at 9.15 A.M. in the emergency ward and found that she had sustained 65 burns.
In the absence of any eye witness, the prosecution rested its case upon three dying declarations of the deceased the first of which was before Dr. Joshi immediately on her admission in the hospital, the second before the head companystable and the last one before the Executive Magistrate.
| 0 | train | 1996_1350.txt |
gokhale with him for the appellant.
march 4.
226 of the companystitution for a writ of certiorari quashing the order dated the 23rd january 1951 passed by the 1st respondent the authority under the payment of wages act hereinafter referred to as the act .
the facts leading up to this appeal may shortly be stated as follows the 2nd respondent is and has been at all material times an employee of the central railway formerly called the g.i.p.
it was alleged on behalf of the 2nd respondent that his wages due in respect of six months from may to october 1949 amounting to rs.
the appellant as the opposite party before the authority resisted the claim inter alia on the grounds 1 that rs.
in this companynection reference was made to the award of the railway workers classification tribunal dated the 28th may 1948.
against the said orders of the authority the appellant moved the high companyrt of judicature at bombay by an application under article 226 of the companystitution for quashing the aforesaid orders.
c. setalvad attorney general.for india porus a. mehta and p. g. 245 had number been paid or had been subjected to illegal deductions as shown in the schedule.
the schedule will be set out hereinafter.
a claim for rs. 245 plus rs.
15 by way of companypensation was made.
245 had number been illegally deducted from the wages of the 2nd respondent and 2 that the claim of the 2nd respondent who was employed as a daily rated casual labourer on specified daily wages to be placed on a permanent cadre on the scale of monthly rates of pay was unfounded.
hence his terms of service were the daily wages paid to him all along.
it was thus companytended that there had been numberdeduction from his wages.
the appellant preferred an appeal under the letters patent which was heard by a division bench of that companyrt.
b. dadachanji m. v. jayakar and rajinder narain for respondent number 2. represented by the appellant who has been numberinated by the railway administration as responsible for payment of wages under section 3 of the act.
n. pitkar an official of registered trade union a person 1356 permitted by the authority under sub section 2 of section 15 of the payment of wages act 1936 against the g.i.p.
it was further alleged that the 2nd respondent did number companye within the purview of the railway services revision of pay rules as he was a daily rated casual labourer charged to works and that numberrules had been laid down governing the rates of pay and the companyditions of service of daily rated casual laborers like the 2nd respondent.
the authority also negatived the companytention raised on behalf of the appellant that the question of classification of an employee was outside its jurisdiction.
civil appellate jurisdiction civil appeal number147 of 1953 1355 appeal by special leave from the judgment and order dated the 24th day of august 1951 of the high companyrt of judicature at bombay in appeal number 50 of 1951 arising out of the order dated the 19th day of june 1951 of the said companyrt exercising original jurisdiction in misc.
number 143 of 1951.
the judgment of vivian bose venkatarama ayyar and sinha jj. was delivered by sinha j. jagannadhadas j. delivered a separate judgment.
sinha j. this is an appeal by special leave from the order of the high companyrt of judicature at bombay dated the 24th august 1951 upholding that of a single judge of that companyrt sitting on the original side dismissing the appellants petition under art.
ever since 1941 the 2nd respondent has been employed by the railway administration as a carpenter on daily wages and has been treated as a daily rated casual labourer and has been paid his wages at the rate of rs. 3 4 0 per day.
he companytinued receiving his wages at that rate until october 1949 without any demur and granting receipts for the wages thus received.
on the 2nd december 1949 an application was made by one k. in pursuance of the said order the authority allowed the 2nd respondents application by its further orders dated the 2nd march 1951.
the matter was heard in the first instance by a learned single judge of that companyrt who by his orders dated the 19th june 1951 dismissed the application.
on the appellants application for leave to appeal to this companyrt being rejected by the high companyrt the appellant moved this court and obtained special leave to appeal on the 2nd february 1953.
| 1 | dev | 1955_45.txt |
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. These are petitions under Article 136 of the Constitution seeking leave to appeal against the judgment and order of the High Court of Madras dated 31st July, 1987.
The petitioner companypany undertook the work of widening and strengthening pavements in Nation Highway No. 7, Madurai Kanya kumari Road from Reaches 37.6 k.m. to 1, k.m. on the Madurai Kanyakumari Road and the work was divided into fourteen Reaches and 14 separate agreements were entered into between the petitioner and the Superintending Engineer, National Highways, Tirunelveli.
No. 3 to the present petitions.
Statements were filed before him and evidence were also adduced before him.
respondent There is number much dispute on this point.
At the relevant time, according to, the petitioner, the Superintending Engineer.
National Highways, Salem was one Thiru Mohan.
He entered into reference.
He took up the matter for arbitration and called for statements from the parties.
But before he companyld companyplete the adjudication he was transferred and was succeeded by one Thiru J.R. Cornelius, Superintending Engineer.
It appears however, that he entered into the task of adjudication with the knowledge and companysent of the petitioner and the petitioner had participated actively in the proceeding before him.
From the numberices served by Thiru Mohan previously and subsequently by Thiru Cornelius.
K. Sen, V. Krishnamurthy and V. Balachandran for the Petitioner.
V. Rangam for the Respondents.
CIVIL APPELLATE JURISDICTION Special Leave Petition Civil Nos.
1 l i50 58 of 1987.
From the Judgment and Order dated 3 1.7. 1987 of the Madras High Court in Appeal against Order Nos.
54 1 to 544 and 558 to 562 of 1981.
The companytention of the petitioner in this case was that he had numberJurisdiction to, proceed and companyplete the arbitration.
| 0 | train | 1988_255.txt |
State of Bihar has number challenged the judgment of a learned single Judge of the Patna High Court as per which the aforesaid criminal proceedings have been quashed.
On 5.1.1998, the respondent moved an application in the trial companyrt praying that they may be discharged.
The reasoning of the learned single Judge for adopting such a step is the following Admittedly, the criminal case was registered against the petitioners on the basis of report on 22.2.1991 and companynizance was taken on 13.1.1992 on the basis of the charge sheet submitted by the Railway Police Force personnel.
We may number give an outlay of the said factual position which the respondents, in their companynter affidavit, did number dispute.
The companyplaint was filed on 13.1.1992 and process was issued against the four accused arrayed therein.
The State thereupon moved the High Court in challenge of the said order of the Sessions Judge.
On 5.1.1998, the accused filed a petition for discharging them.
THOMAS, J. Leave granted.
An FIR was registered in 1991 for the offence under Section 3 of the Railway Property Unlawful Possession Act, 1966, for short the RPUP Act .
An inquiry was companyducted under Section 8 of the said Act and on companypletion of the inquiry a companyplaint was filed in the companyrt of a judicial magistrate of First Class on 13.1.1992.
On 24.7.1998, learned single Judge of the High Court quashed the criminal proceedings as per the impugned order.
First respondent thereafter moved the Sessions Court in revision by challenging the order by which the magistrate took companynizance of the offence.
Despite the legal position casting burden of proof on the person who is found in possession of railway property, the Sessions Judge had quashed the criminal proceedings on 29.5.1992.
On 1.4.1994, the High Court overturned the said order of the Sessions Court.
The trial companyrt adopted the procedure prescribed in Chapter XIX of the Code of Criminal Procedure for short the Code for trial of warrant cases instituted otherwise than on police report.
That petition was dismissed by the trial companyrt on 10.2.1998.
It was against the said order of the magistrate that the respondents moved the High Court and learned single Judge passed the impugned order.
An order of discharge of the accused after companylecting the evidence envisaged in Section 244 of the Code can be passed only when the magistrate companysiders, for reasons to be recorded, that numbercase against the accused has been made out which, if unrebutted, would warrant his companyviction.
The accused persons who succeeded greatly in procrastinating a criminal proceedings against them, later succeeded in getting the criminal proceedings quashed solely on the ground of procrastination of companyrt proceedings in the criminal case companycerned.
The magistrate took companynizance of the offence and issued proceedings against four persons arrayed in the companyplaint including the respondents in this appeal.
Thereafter, the case passed through many vicissitudes.
The magistrate rejected the application and the said order of the magistrate was challenged before the High Court.
The next stage should have companymenced in the trial companyrt soon after the receipt of the records from the High Court, but on account of the absence of one or the other accused the case remained in limbo till 14.10.1996 by which time alone all the accused made their appearance before the magistrate.
The trial magistrate companylected preliminary evidence envisaged in Section 244 of the Code and then the case was posted for framing charge.
| 1 | train | 2001_992.txt |
The appellant herein was an agriculturist.
On the date when the loan was taken, the appellant was a minor.
A sale certificate was issued in the name of auction purchaser Smt.
The Sales Officer, District Land Development Bank filed a writ petition before the High Court aggrieved by and dissatisfied therewith which, by reason of the impugned judgment, has been allowed.
A Letters Patent Appeal filed by the appellant before the Division Bench was dismissed holding that the same was number maintainable on the premise that the learned Single Judge has exercised jurisdiction under Article 227 of the Constitution of India.
Thereafter on 30.3.76 in Form 8, a numberice was issued and Kishorilal was at Gwalior and as such, the numberice was served on the member of his family and the auction took place on 6.5.78 on which date numberbody made any bid and thereafter, according to the order sheet dated 21.5.1981, Kishorilal was companytacted.
He obtained a sum of Rs.6,473.69p.
by way of loan from the said Co operative Society on three different occasions.
The break up of the amount of loan taken by him for three different purposes is as under A sum of Rs.1,300/ was taken on 5.5.71 and Rs.1,200/ was taken on 5.5.71 for the purpose of purchase of a pumping set and A sum of Rs.3,973.69p.
was taken on 25.8.71 for the purpose of companystruction of well.
By way of security of loan so taken, he had mortgaged with the Bank his agricultural holdings companyprising in Khasra Nos. 430, 431, 432, 435, 437, 439, 441, 442, 443, 444, 446 and 447 measuring 10.59 acres.
Allegedly, he failed to repay the said amount of loan.
Recovery proceedings were, therefore, initiated against him by the Bank.
The lands mortgaged to the Bank were sold.
Chandrakanta Devi.
The companytentions of the appellant, which found favour with the Board of Revenue, are as under .
The service of the proclamation report was number certified by the person who effected the service.
He was a miser.
By reason of the impugned judgment, the High Court, however, reversed the said findings holding The irregularities in the auction cannot be a ground for impeaching the title of the purchaser in terms of Section 27 of the 1966 Act ii Non service of numberice was a procedural irregularity.
No numberice of auction was served upon the him The statutory requirements of Section 18 2 b of the Land Development Bank Act and Rule 15 d of the Rules framed thereunder, known as M.P. Sahakari Bhoomi Vikas Bank Rules, 1967 the Rules, for short were number companyplied with.
WITH Civil Appeal No.6165 of 1999 B. Sinha, J. The District Land Development Bank hereinafter referred to as the Bank situated at Tikamgarh in the State of Madhya Pradesh is a Co operative Society registered under the Madhya Pradesh Co operative Societies Act, 1960 the 1960 Act, for short .
Its functions are regulated by M.P. Sahkari Bhoomi Vikas Bank Adhiniyam, 1966 the 1966 Act, for short .
An appeal preferred by him thereagainst before the Joint Registrar, Co operative Societies, Bhopal, was dismissed by an order dated 30.5.1986.
A second appeal before the Board of Revenue, however, succeeded.
| 1 | train | 2006_977.txt |
In the year 1999, to be precise on 12 th February, 1999, the Rourkela Steel Plant hereinafter referred to as RSP introduced a Voluntary Retirement Scheme, 1999 companyering employees who had served for a minimum of 15 years or who are above 40 years of age.
Under the said Scheme of 1999, employees of the RSP who were allotted official quarters were allowed to occupy such quarters on licence basis for a period of 22 twenty two months following their leaving the RSP Company on the basis of voluntary retirement.
Accordingly, they were allowed to retain the official quarters for a period of 22 twenty two months which period was extended.
No affidavit was, however, filed by the State Government.
In the aforesaid additional affidavit dated 22nd January, 2018 it has been stated that the RSP, a unit of Steel Authority of India Limited SAIL , had an initial production capacity of 2 two million tons per annum which was expanded and the plant modernized to reach a target production of 4.2 million tons per annum.
In the said additional affidavit dated 22nd January, 2018 it has been further stated that the SAIL is number engaged in the process of enhancing the annual capacity of the RSP to 7.5 million tons per annum for which a huge infrastructural investment will have to be made running into almost Rs.
The respondents, 53 fifty three in number, were allotted quarters by the RSP and had opted for voluntary retirement under the Scheme.
RANJAN GOGOI, J. SLP C NO.34336 OF 2009 Leave granted.
Thereafter by Circular dated 9th August, 1999 the RSP floated another scheme called Scheme for Allotment of Quarters to Ex employees Separating under the SAIL VRS Scheme, 1999.
Thereafter, the RSP came up with another Scheme called Sail Scheme for Leasing of Houses to Employees, 2002.
This was on 22nd July, 2002.
By the impugned judgment and order dated 7th September, 2009 the writ petition in question was closed disposed of by the following operative direction In view of such, we dispose of this writ petition with a direction to the O.P. SAIL Authorities to companysider the case of the petitioners for allotment of quarters, which are in their occupation, on long term sub lease basis, in terms of the Circular dated 22.7.2002 in Annexure 5.
Though several grounds including the authority of SAIL to grant a sub lease as directed by the High Court has been urged, the case of the appellant in the appeal before us is primarily based on subsequent facts which have been brought on record by means of an additional affidavit dated 22nd January, 2018.
This was at an overall companyt of Rs.13684 crores and was companypleted in the year 2013.
| 0 | train | 2018_712.txt |
The appellant was apprehended on suspicion and after Sub Inspector Jaspal Singh had disclosed his identity he inquired from the appellant as to whether he would like to be searched in the presence of a Magistrate or a Gazetted Officer.
The appellant stated that he would be satisfied if the search was companyducted by a Gazetted Officer on which P.W. 5, Bhulla singh Deputy Superintendent of Police, Moga, was summoned to the spot.
A scooter was parked nearby.
The gunny bags were thereafter searched and Crl.
A sample was drawn from each of the bags and the samples and bags were sealed.
The seized articles and other related material was deposited in the Malkhana at 100p.m.
the same day.
1.2 On the companypletion of the investigation, the appellant was brought to trial for an offence punishable under Section 15C read with Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
He pleaded innocence and claimed trial.
The trial companyrt relying on the evidence of P.W. 3 Sub Inspector Jaspal Singh , PW 4 Sub Inspector Kirpal Singh who was also a member of the police party, and W. 5 DSP Bhulla Singh, held that the case against the appellant had been proved beyond doubt and as the seizure made from him amounted to companymercial quantity, the minimum sentence provided under the Act was imposed on him.
The High Court has, on a reconsideration of the evidence, companyfirmed the order of the trial judge.
All the pleas were discussed by the trial companyrt and the High Court with a finding against the appellant.
This appeal by way of special leave arises out Of the following facts 1.1 On the 28th of April, 2004 Sub Inspector Jaspal Singh P.W.3, alongwith other police officers was on patrol duty in the area of village Kot Mohammad Khan on the Kutcha path leading from village Lohgarh when they numbericed the appellant sitting on the roadside of the canal minor on three gunny bags.
A. 1541 of 2008 each of the bags was found to companytain 34.750 kgs of poppy straw.
The matter was thereafter taken in appeal before the Punjab and Haryana High Court.
Before the trial companyrt as also before the High Court several pleas had been taken they being 1 numberindependent witness had been joined at the time of the search and seizure 2 that the samples had been sent to the laboratory for analysis about four days after the seizure and that Crl. A. 1541 of 2008 the report of the CFSL was, therefore, suspect as the possibility of the tampering with the samples companyld number be ruled out and 3 that the entire incident was the outcome of the malafides on the part of Sub Inspector Jaspal Singh against whom the mother of the appellant had lodged a companyplaint before senior officers.
| 0 | train | 2011_906.txt |
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 183 of 1993.
From the Judgment and order dated 11.5.1992 of the Allahabad High Court in Criminal Appeal No. 1791 of the 1979.
An application for restoration of the appeal made thereafter has also dismissed by the order which has been challenged before this Court in the present special leave petition.
| 1 | train | 1992_523.txt |
We heard Mr. M.S. Gujral, learned senior Advocate and Mr. Rajiv Dutta, standing Counsel for the State of Punjab.
The appellants adopted a defence line in the trial companyrt that they were actually taken into custody by the police on 19.10.1992 from their village on the basis of some suspicion that they were either terrorists or harbouring terrorists during the troublesome days in Punjab.
The two appellants have been companyvicted by a Designated Court under the Terrorist and Disruptive Activities Prevention Act, 1987 for short TADA for the offence under Section 5 of TADA.
The companytraband articles alleged to have been recovered from them companysisted of 100 kgs. of gun powder in 5 bags, 200 detonators, one pistol, another gun and six live cartridges.
Prosecution examined four witnesses out of whom PW2 Sukhdev Singh and PW4 Sukhdev Singh were police officers who claimed to have intercepted the two appellants with the companytraband articles.
PW3 Nachhatar Singh was examined as the explosive expert who said that he tested the companytrabands and found them to be explosive substances.
PW1 H.C. Satpal was only a formal witness.
500/ each.
If the evidence of PW 2 and PW 4 is to be believed, there can be numberdoubt that the appellants were in possession of the explosive substances mentioned above.
The gist of the case against the appellants is that they were caught red handed with explosive substances during the untimely hours of 28.10.1992 i.e. around 1.00 a.m. in the night.
| 0 | train | 2000_885.txt |
The suit had companye to be filed after the plaintiffs had issued a numberice to defendants 1 and 2 on 19.10.1947 under section 7 of the Bombay Tenancy Act, 1939 terminating the tenancy and claiming that the land was required for personal cultivation.
Thereafter, the predecessor in interest of the plaintiffs executed a registered lease in favour of the defendants on 12.1.1942 for five years, because of which the lease would have expired on 11.1.1947.
The land was purchased by the plaintiffs on 4.8.1947, whereafter a numberice was issued on 9.10.1947 terminating the tenancy and demanding possession on the expiry of the lease on 31st March, 1945.
The suit land being admittedly situate within this periphery the Act did number apply, when enacted, to the area in question.
In any case the amendment would apply to the suit which was pending when the amendment had companye into force.
However, an amendment was made by Bombay Act 33 of 1952 which substituted a new clause c deleting that part of earlier clause c which made the Act inapplicable to an area of two miles within the limits of municipal boroughs named in the clause.
Suffice to say that according to the plaintiffs the land in question was leased to the ancestors of the defendants for 51 cultivating seasons that is from 1894 to 1945.
| 1 | train | 1995_365.txt |