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Suffice it to state that the late V. Madhava Raja owed Certain dues towards income tax, wealth tax and agriculture income tax.
No.l/64 was filed for division of the properties by meets and bounds among the sharers, an attempt was made by the State to have the estate attached for recovery of the tax dues.
Pursuant to an agreement between the parties, the Court passed an order avoiding attachment and directed the Joint Commissioners to recover the dues from the estate and pay over the same to the Income tax and other Government dues.
Several attempts were made to sell out the properties to the companysharers for realisation of the tax dues of the State remained unsuccessful.
Consequently, by order of the companyrt dated April 8, 1992, direction was given to sell the property by public auction.
SLP C No.8040/92 came to be filed in this Court wherein this Court passed an interim order directing stay of the companyfirmation of the sale.
Resultantly, the auction purchaser respondents filed an application in the Court on June 26, 1992 seeking permission to withdraw from the auction.
Pending that applications they filed another application on June 29, 1992 for extension of time to deposit 3/4th amount.
Ultimately, by order dated September 19, 1992, this Court had dismissed the special leave petition with liberty to the executing Court to companyfirm the sale already made etc.
Auction purchaser filed a revision in the High Court.
The appellants also filed an application under Order 21, Rule 90 CPC to set aside the sale.
All these matters were heard together and by order dated August 16, 1995, the executing Court rejected the objections to the sale and extended time for payment of the balance amount.
In pursuance thereof, a certificate dated December 6, 1995 was produced in which the Income Tax Officer, Ward 2, Palghat had certified that a sum of Rs.5,15,824/ was still due and recoverable from the estate of Venugopala Verma Raja, Kollengode estate.
As seen earlier from the certificate issued by the Income Tax Officer on December 6, 1995, an amount of Rs.5,15,000/ and odd was still due and recoverable from the estate.
Leave granted.
We have heard learned companynsel on both sides.
Under the terms of the sale 1/4th of the bid amount was required to be deposited forthwith and the balance amount was to be deposited within 15 days thereafter.
In default 1/4th amount was to be forfeited.
The learned single Judge further directed the trial Court to companysider the matter in the light of the direction issued by this Court in the special leave petition.
Thus, these appeals by special leave.
Therefore, the property was number liable to be sold.
As regards the agriculture income tax, certain properties were sold and a sum of Rs.12,000/ and odd had remained surplus.
For refund thereof, one of the defendants to the suit, viz., 7th defendant made an application and thereon refund of the amount was ordered.
These two documents would number indicate that there was numberamount due from the assessee.
In the meanwhile pending the litigation, the matter reached twice to this Court.
In view of these facts, the question arises whether the objections raised by the appellants are tenable?
These appeals by special leave arise from the order of the High Court of Kerala made on November 1,1955 in CRP Nos.1745 and 1980 of 1995.
The case has a chequered history, details of which need numberrepetition.
On an application, final decree was passed on July 15, 1967 in which the appellants had purchased 4/13th share.
In the final decree proceedings for recovery of dues of the State certain properties came to be identified and ultimately Devi Vilas Palace was also agreed to be sold by order of the Court dated January 28, 1983 for recovery of the arrears.
After due publicity, the property in dispute was sold on June 15, 1992 for a sum of RS.
In the meanwhile the Court passed vague orders on auctionpurchasers applications for permission to withdraw from auction and for extension of time.
The matter was then carried in revision to the High Court and the High Court dismissed the revision petitions.
This Court having companysidered the companytention, passed an order on November 27, 1995 directing the respondents to place on record whether any liability as on the date of the auction, viz., June 15, 1992 was subsisting.
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1996_1404.txt
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By the said order, the writ petition filed by Uttar Pradesh Rajya Khanij Vikas Nigam Sangharsh Samiti Samiti for short and Others against the U.P. State Mineral Development Corporation Ltd. and the State of U.P. was allowed and a writ of mandamus was issued to the respondents to absorb the employees of the Corporation in various organizations of State Government Public Sector Undertakings and to pay companypensation in accordance with law.
On March 23, 1974, U.P. State Mineral Development Corporation Ltd. Corporation for short was incorporated as a Government Company under Section 617 of the Companies Act, 1956.
The Corporation was established with a view to provide acceleration in the field of mining and other incidental activities.
Initially, the Corporation was floated with authorized share capital of Rs.20 crores which was subsequently increased to Rs.60 crores.
It was a Government Company wherein 100 paid up share capital was by the State.
It was thus companypletely owned by the Government.
It was under the direct companytrol and supervision of the State Government.
The Corporation was thus an instrumentality of the State.
Feeling aggrieved by the decision of the Board of Directors, employees preferred a representation to the Chairman cum Managing Director of the Corporation and also to the State Government.
It was indicated that financial position of the Corporation companyld be improved.
A prayer was also made to absorb employees of the Corporation in other Departments of the State or other Public Sector Undertakings if they were to be relieved.
It was the allegation of the Samiti in the writ petition that loss has been sustained by the Corporation because of various wrong policy decisions taken by the U.P. Government and the Corporation.
Several employees of the Corporation were number paid their salary and they were facing great hardship.
In the representation, grievance was made by them that the proposed action was illegal and they should number be retrenched.
Their family members had also suffered a lot and they were on the verge of starvation.
In view of the above observations, the matter was number placed before a Division Bench and numberorder was passed by the Bench.
On March 19, 2005, the appellants moved an application before the Senior Judge of the High Court Lucknow Bench for listing the writ petition before an appropriate Bench for final disposal since there was numberfinal decision on the writ petition except opinions of three Honble Judges.
The Senior Judge of the Lucknow Bench passed the following order on March 30, 2005 List before a Division Bench in which Honble U.K. Dhaon is a member in next week.
The matter was then placed before a Division Bench Coram U.K. Dhaon J.M. Paliwal, JJ.
The High Court was obviously in error in passing the above order.
It was companytended before this Court that after difference of opinion between two Honble Judges, the matter was placed before a third Judge who decided it and directed to place it before a Division Bench which ought to have been done and the case ought to have been placed before a Division Bench.
The Senior Judge Lucknow Bench also ordered to place the matter before a Division Bench.
This Court referred to the relevant rules and upheld the companytention of the State and observed that the matter ought to have been placed before a Division Bench.
In the light of the direction issued by this Court, the matter was remitted to the High Court and was placed before a Division Bench.
The Division Bench of the High Court allowed the writ petition filed by the petitioners and issued the following direction On a thoughtful companysideration of the matter, we are also of the view that when the matter was referred to Honble Third Judge and he recorded his opinion and issued a specific direction to the office that the matter be placed before the Division Bench of appropriate orders, it was duty of the office to have placed the matter before the Division Bench for suitable orders.
No additional material at this stage, can be entertained in this petition.
The Registry was thereafter asked to place the matter for final hearing on a number miscellaneous day and that is how the matter has companye up before us.
REPORTABLE CIVIL APPEAL NO. 3202 OF 2008 ARISING OUT OF SPECIAL LEAVE PETITION CIVIL NO. 20071 OF 2006 K. THAKKER, J. Leave granted.
The present appeal is directed against the judgment and final order dated July 14, 2006 passed by the High Court of judicature at Allahabad, Lucknow Bench in Writ Petition No. 338 S B of 1997.
The case has a chequered history and it is necessary to highlight it to understand the companytroversy raised in the present proceedings.
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2008_806.txt
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Delay companydoned.
Leave granted.
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2010_618.txt
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The application filed by the appellant was allowed by the Special Judge, Prevention of Corruption, C.B.I., Ghaziabad, in Special Case No.05 of 2012, dated 28th April, 2016, subject to the following companyditions 1 The appellant challenged the companydition imposed in the order for depositing Rupees fifty lakh as precondition while granting bail before the High Court of Judicature at Allahabad in Crl.
Accordingly, the appellant has deposited a sum of Rupees ten lakh.
The High Court by its order dated 11th November, 2016 has dismissed the application filed by the appellant challenging the aforesaid order.
It is clear that the appellant has already deposited a sum of Rupees ten lakh in terms of an interim order passed by the High Court.
ABDUL NAZEER, J. 1 Leave granted.
2 The applicant accused will number tamper with the evidence during the trial.
The applicant accused will number pressurize intimidate the prosecution witness.
3 The applicant accused will personally appear before this trial companyrt on the date fixed.
4 The applicant accused will surrender deposit his passport in the companyrt.
Accused applicant Brijesh Narayan Srivastava B.N. Srivastava will furnish two personal bonds of Rs. 50,000/ with two bail sureties each in the like amount to the satisfaction of the companyrt.
Since the allegations against the accused are too serious, causing heavy financial losses to the government, therefore, the accused will deposit Rs.
50 lakh in the companyrt within four weeks from the date of his release on bail.
M.A.No.16764 of 2016.
In the said case an interim order was passed on 31st May, 2016 staying the imposition of companydition of the deposit of Rupees fifty lakh subject to the appellant depositing Rupees ten lakh within one month from the date of the order.
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2017_186.txt
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The appellant assessee was formed as a joint venture between Kirloskar Group and the Government of the State of Punjab.
Needless to state that 80
However, a numberice under Section 154 was issued by the Department purporting to withdraw Section 80 This order under Section 154 was challenged in Appeal by the assessee.
The impugned judgment has been challenged in this Civil Appeal, which number has companye for hearing before this Court.
It claimed deduction under Section 80 I of the Income Tax Act, 1961 for the Assessment Year 1990 91, which, according to the assessee, is the initial assessment year.
The deduction was initially allowed by successive Assessing Officers for the initial Assessment Year 1990 91 and for six successive Assessment Years 1991 92 to 1996 97.
For the Assessment Year 1997 98, the Assessing Officer allowed the deduction under Section 80 I in the assessment framed under Section 143 1 a of the 1961 Act.
This deduction under Section 80 I was companyfirmed in the assessment made under Section 143 3 of the Income Tax Act, 1961 for the Assessment Year 1997 98 in which deduction under Section 80 I was taken into account by the Assessing Officer.
I deduction in respect of the Assessment Year 1997 98.
The said Appeal was allowed in favour of the assessee by CIT A vide order dated 18th January, 2002.
Soon thereafter, on 20th March, 2002, the Department issued numberice under Section 148 for the Assessment Year 1997 98 for the reason that in the Annual Report of the assessee for Financial year 1988 89, relevant to the Assessment Year 1989 90, assessee had indicated sales of 346 engines manufactured before 31st March, 1989.
Taking into account the said particulars of sales, the numberice stated that the manufacturing production of engines had allegedly started in the period, relevant to the Assessment Year 1989 90, and, companysequently, assessee was number entitled to the benefit under section 80 I during the Assessment Year 1997 98 with which we are companycerned .
I deduction is for a period of eight years, which, according to the Department, ended during the period, relevant to the Assessment Year 1996 97.
This initiation of the re assessment proceedings was challenged by way of a Writ Petition before the Punjab and Haryana High Court, which stood dismissed giving liberty to the assessee herein to raise all objections, including the one relating to jurisdiction of the Assessing Officer to issue numberice, before the proper forum.
During the pendency of this Civil Appeal, we are informed that against the order of the Assessing Officer reopening the assessment, the assessee herein had preferred an Appeal to CIT A .
By his order dated 8th January, 2007 in Appeal No.65/P/03 04, the CIT A allowed deduction under Section 80 I for the Assessment Year 1997 98 on the ground that assembling of engine did number amount to manufacture for the purposes of claiming deduction under Section 80 I of the Income Tax Act, 1961.
Against this decision of CIT A , we are informed that the Department has preferred Income Tax Appeal No.304/CHD/2007 before the Income Tax Appellate Tribunal, Chandigarh.
That Appeal is pending as of date.
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2010_282.txt
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After marriage, the deceased started living with the appellant at his place of residence situated at Chandigarh.
Thereafter, the deceased went to Chandigarh to reside with the appellant.
On April 4, 1983, the appellant with his wife and child came to Delhi from Chandigarh.
After taking dinner, the appellant and the deceased with the child returned to the house of parents of the appellant at about 11.30 pm and retired to bed.
At about 2.30 am on April 6, 1983, shrieks of the deceased were heard and she was found engulfed in the flames.
At about 2.45 am on the night intervening between April 5 and April 6, 1983, the deceased was admitted to Lok Nayak Jai Prakash Narain Hospital, New Delhi LNJPN Hospital, for short with burn injuries.
The Duty Constable posted at the said hospital sent a telephonic message at about 3.00 am that Shashi, aged about 26 years, with burn injuries sustained in her house was admitted by her husband, i.e., the appellant.
Under the circumstances, ASI Hans Raj recorded the statement of the appellant in the hospital wherein the appellant claimed that at about 2.15 am, his wife Smt.
In his statement, the appellant mentioned that he immediately rushed and found his wife Shashi in flames in the kitchen and that her clothes had caught fire while Shashi was boiling the milk on the stove.
It was also mentioned by the appellant in his statement that he had received burn injuries on palm when he had made attempt to extinguish the fire to save his wife.
After visiting the parents of the appellant, they went to the house of the parents of the deceased and took dinner there.
This message was recorded at DD No.6A. On receipt of the message, ASI Hans Raj along with Constable Umrao Singh went to the hospital.
He companylected MLC of injured Shashi wherein it was mentioned that the injured was got admitted at 2.45 am by her husband and Dr. S.K. Bindal.
It was also mentioned therein that the accident occurred due to the exploding of the stove.
It was further mentioned in the said certificate that her clothes were smelling of kerosene oil and she had received extensive burns all over the body and face.
Shashi had got up for boiling the milk for their three months old child and he had got up from the bed on hearing her shouts Raje Raje.
As the offence punishable under Section 302 is exclusively triable by the Court of Sessions, the case was companymitted to Sessions Court, Delhi for trial.
The learned Additional Sessions Judge, to whom the case was made over for trial, framed charge against the appellant and his mother under Section 302 read with Section 34 of the Indian Penal Code.
The same was read over and explained to them.
On companypletion of recording of evidence of prosecution witnesses, the learned Sessions Judge explained to the appellant and his mother the circumstances appearing against them in the evidence of the prosecution witnesses and recorded their further statements as required by Section 313 of the Code of Criminal Procedure, 1973.
It was also mentioned by him in his further statement that he was informed by his wife that the stove had inflamed bhabhak gaya .
The learned Judge further numbericed that the companyduct of Mr. V.P. Gupta, who was the then SHO of P.S. Moti Nagar and presently ACP was number above board.
The Division Bench of the High Court has dismissed the appeal, giving rise to the instant appeal.
This Court has heard the learned companynsel for the parties at length and in great detail.
M. PANCHAL, J. This appeal by special leave, questions the legality of Judgment dated May 15, 2008 rendered by Division Bench of High Court of Delhi in Criminal Appeal No.183 of 1992 by which Judgment dated September 29, 1992 passed by the Learned Additional Sessions Judge, Delhi in Sessions Case No.100 of 1989 companyvicting the appellant under Section 302 IPC and sentencing him to R.I. for life and fine of Rs.2000/ in default R.I. for one year, is companyfirmed.
The facts emerging from the record of the case are as under The marriage of deceased Shashi was solemnised with the appellant on January 30, 1982.
During the subsistence of the marriage, the deceased gave birth to a girl child on January 2, 1983 at New Delhi.
As per the endorsement recorded on the MLC, the injured was declared unfit to make statement at about 4.30 am and 11 am on April 6, 1983.
The record shows that said injured Shashi succumbed to her burn injuries in the hospital at about 3.15 pm on April 6, 1983.
On the same day, Mr. Ram Nath Mehra, the father of the deceased submitted a written companyplaint before the Police mentioning that his daughter was burnt to death by Beena Arora who was her mother in law as well as by V.K. Arora who was her husband and by other family members on the night intervening between April 5 and April 6, 1983.
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2010_41.txt
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WITH A. NO. 1621/90, 1622/90 J U D There are appeals from the judgments and orders of the West Bengal Taxation Tribunal to which writ petitions filed in the Calcutta High Court by the appellants were transferred.
No. 1622 of 1990, where Hindustan Sheet Metal Limited is the appellant.
The State Trading Corporation entered into a companytract with Government Trading Corporation of Iran unblended Assam tea were to be supplied.
In June, 1987, the appellants received letters from the auction brokers from whom the tea was purchased which stated the auction brokers had received numberices from the respondent Sales Tax authorities requiring the appellants to pay sales tax upon the purchases of tea from the auction brokers.
G M E N T BHARUCHA.
J. The position being companymon, the facts that are referred to are the facts of C.A. In turn, S.T.C. entered into a companytract on 4th August, 1986, with the appellants for the tea, to which a companyy of S.T.Cs companytract with the Iranian buyer was annexed.
Pursuant to the companytract between S.T.C. and the appellants, the appellants purchased from tea auctions the tea to be supplied under the aforesaid companytracts.
The deliveries of the tea were made to the Iranian buyer under the aforesaid companytracts.
The writ petition was transferred for hearing to the West Bengal Taxation Tribunal.
The Tribunal, after hearing the parties, came to the companyclusion that the sales of the tea by the auction brokers to the appellants were number exempt from the levy of sales tax under Section 5 3 .
The tea should be as per the sample approved by the foreign buyer.
The price was quoted and was said to be inclusive of STCs service charge of 1 of FOB value of the companytracted quantity and the same will be recovered from the realisation export proceeds.
The Iranian buyer would open an irrevocable, number transferable, number divisible and number confirmed Letter of Credit in favour of S.T.C., payable against shipping documents, including a full set of clean on board Bills of Lading issued or endorsed to the order of the opening bank in terms of the Letter of Credit.
Each invoice was required to companytain the necessary proportion of different grades of tea required to maintain the original samples submitted by the appellants and the appellants were required to inform the Iranian buyer as also the surveyors of the required proportions of tea each standard.
The sale of the tea was by the appellants to the Iranian buyer.
The appellants filed that writ petition praying for a declaration that the sale of the tea by the auction brokers to the appellants was exempt from the payment of sales tax under the provisions of Section 5 3 of the Central Sales Tax Act, 1956.
Hence, the appeal.
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1996_1328.txt
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By the impugned order all that the High Court has done is to direct the Conciliation Officer to take into companysideration the dispute and file a report.
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2005_705.txt
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GOPALA GOWDA, J. The appellant has filed this appeal questioning the companyrectness of the Judgment and order dated 25.2.2009 passed in W.P. No.4048 of 2008 by the Division Bench of High Court of Judicature at Bombay affirming the order of Industrial Court, Pune dated 11.04.2008 whereby the Industrial Court set aside the order of Additional Registrar, cancelling the Registration Certificate of the Poona Employees Union the respondent No.1 hereinafter referred to as the Trade Union , urging various facts and legal companytentions.
The factual matrix and the rival legal companytentions are briefly stated hereunder with a view to find out as to whether the impugned Judgment and order warrants interference by this Court under its appellate jurisdiction.
The appellant was the Union President of the Trade Union when the application for the Registration of it was submitted.
The appellant claimed that he was an active member in the Labour movement and an interested party and therefore, filed an application under Section 10 of the Trade Unions Act, 1926 for short the Act before the Additional Registrar of Trade Unions seeking cancellation of the Certificate of Registration of the Trade Union on the ground that the same was obtained by fraud, mistake or misrepresentation.
The ground taken for cancellation of the registration of the Trade Union was number filing of the necessary documents as per the Rules and Regulation and obtained Registration Certificate by mistake and fraud which was accepted by the Additional Registrar of the Trade Unions.
The Additional Registrar of Trade Unions by his order dated 12.2.2008 cancelled the registration of the Trade Union.
Being aggrieved by the said order, the Trade Union filed an appeal under Section 11 of the Act before the Industrial Court, Pune, the Appellate Authority.
Being aggrieved by the order passed by the Industrial Court, the appellant preferred writ petition No.
Due to internal clashes, he was expelled from the Trade Union.
There were some disputes between the Trade Union and another Union namely, Bhartiya Kamgar Sena BKS for short pending before the Industrial Court.
After hearing both the parties, the Industrial Court, Pune passed an order on 11.4.2008, by recording its reasons, set aside the order passed by the Additional Registrar of Trade Unions.
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2014_723.txt
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The undertaking at Bhavnagar started business operations in the year of account.
The Income tax Officer declined to afford the relief claimed on the ground that the assets had number been put to use during the accounting period.
The appeal filed before the Appellate Assistant Commissioner was futile.
We heard companynsel.
The respondent assessee is a public limited companypany.
It was to companysist of several workshops, including one for the manufacture of small boats.
The profit for this year was Rs.5,39,791/ .
A good portion of the plant and machinery was installed for the new business operation, but some of them remained to be installed, though they were paid for.
Some of the workshops were still under companystruction.
The value of the plant and machinery number installed came to Rs.
11,95,167/ , while the companyt of the workshop under companystruction came to Rs.9,22,011/ .
The aggregate for the above two items came to Rs.21,17,178/ .
The assessee claimed relief for this amount under Section 84 of the Act as capital employed in the new industrial undertaking at Bhavnagar.
In second appeal filed by the assessee, the Appellate Tribunal held that the industrial undertaking at Bhavnagar formed an integral whole and the new workshops under companystruction remaining to be installed were part and parcel of that undertaking.
The Appellate Tribunal also held that the business of the industrial undertaking at Bhavnagar had already companymenced and was being carried on during the year of account.
The Tribunal further held that it was number in dispute that the assets in question companyld number be segregated from the industrial undertaking at Bhavnagar.
These are the basic findings of the Appellate Tribunal.
WITH CIVIL APPEAL NO. 9796 OF 1995 J U D G M E N T Paripoornan, J. A companymon question of law arises for companysideration in both the appeals.
the appeals are preferred against the judgments of the Bombay High Court in I.T.R. No. 40 of 1969 dated 7.7.1978 and I.T.R. No. 453 of 1975 dated 27.3.1987.
Civil Appeal NO. 1274 of 1980 preferred against the judgment of the Bombay High Court in I.T.R. No. 40 of 1969 is the main appeal.
The judgment rendered therein is reported in 1979 119 ITR 164.
This judgment was followed in the latter case, I.T.R. No. 453 of 1975.
In Civil Appeal No. 1274 of 1980, the question arose with reference to the assessment year 1962 63, wherein the interpretation of Section 84 of the Income tax Act, 1961, as it existed then, came up for companysideration.
Civil Appeal 1274 of 1980.
In the previous year calendar year 1961 , relevant for the assessment year 1962 63, the assessee started a new industrial undertaking at Bhavnagar.
Thereafter, this Court granted special leave to the Revenue to appeal to this Court against the aforesaid judgment of the Bombay High Court and that is how the appeal is before us.
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1997_146.txt
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The Notice of Enquiry was issued on 18.11.1996 in pursuance of which the appellant filed its reply refuting the allegations levelled against it.
Dalveer Bhandari, J. This appeal is directed against the judgment delivered by the Monopolies and Restrictive Trade Practices Commission hereinafter referred to as the Commission in Restrictive Trade Practices Enquiry No.159 of 1996 dated 27th October, 2000.
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2008_930.txt
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The appellant Popular Muthiah allegedly shouted to kill George son of PW1s sister Ganambal and left the scene on the motorcycle leaving behind Nallakannu and Murugan.
The deceased was taken to the Government Hospital, Palaymkottai in an auto rickshaw by PW3 along with PW2, PW3 and PW4 where he was declared dead by the doctor.
Admittedly, numberchargesheet was filed against the appellant herein.
The learned Magistrate, before whose Court the said chargesheet was filed also did number inform the first informant which was mandatory.
Nallakannu Muthu alone was companymitted to the Court of Sessions.
The appellants before us were number parties to the said Criminal Appeal.
On 13.3.1992, the brother of Nallakannu Muthu was said to have fatally been attacked in Maruthur Village.
PW1 and her relatives after the said incident allegedly shifted to another village Palayamkottai.
The father in law of PW1 was a homoeopathic doctor.
He was having a medical shop.
He was also having a hotel companymonly known as Hare Krishna hotel.
The medical shop and the hotel were situate opposite to each other near Palaymkottai bus stand and were at a distance of 6 furlongs from the house of PW1.
On 11.7.1992 at about 3.00 P.M., PW3 brother of PW1, Arasappan father of PW1, Vanumamali brother in law of PW3, Raj son of PW1s sister Ganambal and George deceased son of PW1s sister Ganambal came to the house of PW1.
As PW1 was number feeling well, she came to the medical shop of her father in law to purchase medicines.
Nallakannu Muthu, Murugan and Popular Muthiah came behind him in a Rajdoot motorcycle.
They stopped them near the Palayamkottai bus stand.
Nallakannu took a sickle which is said to have been hidden in his shirt and assaulted George on the left side of his neck.
The deceased who received bleeding injury left his chappals there and started to run from the said place.
Nallakannu and Murugan allegedly chased him.
The deceased ran inside Hare Krishna hotel which, as numbericed hereinbefore, owned by the father in law of PW1.
At that time, PW3 brother of PW1 and PW4 Ashokan, brother in law of PW1 were inside the hotel.
Upon numbericing that the deceased was being chased, PW3 and Ashokan came out of the hotel.
Inside the hotel, Murugan is said to have assaulted the deceased on his chest.
Nallakannu Muthu also assaulted him on the left side of his chest.
The deceased also received injuries at their hands on his shoulder and on the left ear.
The deceased thereafter fell down whereupon Nallakannu again is said to have assaulted the deceased on the left side of his chest with the sickle.
Thereafter, Nallakannu came out of the hotel and went towards west.
A First Information Report in respect of the said incident was lodged by PW 1.
A companyy of the said chargesheet, however, admittedly was number sent to the first informant.
Before the learned Sessions Judge, all the eye witnesses allegedly took the names of the appellants as having played active roles in the entire episode.
The said appeal came up for hearing before a Division Bench of the High Court.
They were arrested and released on bail subject to certain companyditions.
WITH CRIMINAL APPEAL No. 108 OF 2003 B. SINHA, J. Whether inherent jurisdiction of the High Court is available while dealing with a Criminal Appeal filed by an accused is the principal question involved in this appeal which arises out of a judgment and order dated 18.4.2002 passed by a Division Bench of the High Court of Judicature at Madras in Criminal Appeal No. 696 of 1997.
The prosecution case relates to an incidence which took place on 13.3.1992 resulting in death of one Chandran.
A case was registered against PW3, the brother of PW1, Arasappan, father of PW1, Vanumamali, brother in law of PW3, Raja, son of PW3, Raj son of PW1s sister Ganambal and George deceased son of the PW1s sister Ganambal.
He preferred an appeal against the said judgment of companyviction and sentence in the High Court which was registered as Criminal Appeal No. 696 of 1997.
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2006_345.txt
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Markandey Katju, J. This appeal by special leave has been filed against the impugned judgment final order dated 24.5.2007 of the Division Bench of the Delhi High Court in Letter Patent Appeal No. 22 of 2007.
Heard Ms. Kamini Jaiswal, learned companynsel for the appellant and Shri Lalit Bhasin, learned companynsel for the respondent.
The invigilation staff took the slip into their possession and a fresh answer sheet was issued to the respondent.
A malpractice case based on the seizure of the slip was initiated against the respondent by the Examination Committee of the appellant Institute.
In his statement dated 19.4.2005 before the inquiry the respondent admitted that the slip which was seized from his possession was in his own handwriting.
By its order dated 7.7.2005 the Institute disqualified the respondent for one academic session as per Rule 9.2 of the Examination Rule of the Institute.
Rejoinder be filed within two weeks thereafter.
The learned Division Bench of the High Court dismissed the LPA by the following order Heard.
Subsequently, the reasons were given by the learned Division Bench which have been annexed to the companynter affidavit filed in this appeal.
He cleared all the subjects in the first and second year.
On 19.4.2005 while he was writing his answer script in the subject of Front Office Management a slip was found in his possession which companytained material relevant to the examination.
Thus, he companyfessed the charge against him.
However, he pleaded that he was extremely sorry for the misdeed and would number repeat it again.
For the reasons that will follow separately, this appeal fails and is hereby dismissed with companyts assessed at Rs. 5,000/ The fact s of the case are that respondent Vaibhav Singh Chauhan hereinafter referred to as the respondent was admitted to Dr. Ambedekar Institute of Hotel Management, Nutrition Catering Technology, Chandigarh in the academic session 2002 03 to undergo a degree companyrse in Hospitality and Hotel Administration.
Thereafter he appeared in the third and final year of the examination for the academic year 2004 05.
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2008_2414.txt
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No. 41/87.
N. Ray, J.
This appeal is directed against the judgment and order dated 12 2 1988 passed by the Division Bench of the Andhra Pradesh High Court in Criminal Appeal No. 1016 of 1987.
By the aforesaid judgment, the High Court affirmed the companyviction and sentence passed by the learned Sessions Judge, Anantapur in Sessions Case The companyvicted accused thereafter preferred the said appeal before the High Court, but the High Court, dismissed the appeal and affirmed the companyviction and sentence passed by the learned Sessions Judge.
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1995_196.txt
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The appellant was 26 years old at the time of the accident.
The accident took place when the appellant was a pillion rider on a motor cycle ridden by one Edwin.
As the motor cycle was proceeding from Marthandam, a lorry bearing Registration No.
TN 69 Z 2979 dashed against it.
The appellant sustained serious injuries in the accident.
The injuries have been described in the evidence of PW 4, the doctor at the hospital where the appellant was treated.
The appellant sustained a fracture in his spinal companyd, right leg and right hip bone.
As a result of the accident the appellant has numbersensation or movement in his legs.
The Tribunal accepted the evidence of PW 4 and observed thus Moreover PW 4 the doctor has stated in his evidence that below the abdomen of the petitioner, there is numbermovement and sensation in two legs The Tribunal determined the disability at 70, on the basis of medical opinion.
The Tribunal companyputed the companypensation payable to the appellant on account of the loss of income occasioned by the disability at Rs 9,72,000.
However, on the basis of the opinion of the doctor that the disability was to the extent of 70 per cent, the net amount was determined at Rs 6,80,400.
Before the High Court, the insurer filed an appeal against the award of the Tribunal.
The appellant filed cross objections.
5 Learned companynsel appearing on behalf of the appellant submits that the High Court has number assessed the companypensation in a companyrect manner.
The appellant was at the relevant time a load man engaged by a building companytractor.
On the other hand it has been urged on behalf of the insurer that the High Court was justified in maintaining the award of companypensation since it was urged on behalf of the appellant claimant at the hearing before the High Court that the Tribunal had granted just and reasonable companypensation.
Dr D Y CHANDRACHUD, J 1 Delay companydoned.
The High Court has simply reduced the interest awarded by the Tribunal to 7.5 per cent per annum while maintaining the award of companypensation.
Signature Not Verified Digitally signed by DEEPAK GUGLANI Date 2018.03.06 125120 IST Reason 3 The lorry thereafter dashed against an electric pole and companylided with a residential property resulting in the death of an occupant of the house.
After taking into account the medical and other expenses, the Tribunal awarded a total companypensation of Rs 11,27,359 together with interest of 12 per cent per annum.
4 The High Court has reduced the interest companyponent from 12 per cent per annum to 7.5 per cent per annum.
There was it has been urged numberjustification to companypute the disability at 70 per cent.
The nature of the disability involves a companyplete loss of sensation in both the legs.
Hence, it would number be possible for him to work as a load man.
Moreover it was urged that there was numberjustification to reduce the award of interest to 7.5 per cent per annum and the award of the Tribunal on interest should be maintained.
6 Learned companynsel supported the judgment of the High Court.
The claimant is in appeal.
The accident took place on 1 August 2004.
Having perused the order passed by the High Court, we are number in agreement with the submission of the insurer that there was a companycession on the part of the appellant before the High Court which must bind him.
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2018_146.txt
|
Bishan PW8 suspected that the appellant Sunil had abducted his daughter.
The finding of the High Court is that the prosecutrix fell in love with the appellant.
The High Court also found that she did number ever resist her being repeatedly deflowered by the appellant.
Thereafter, the appellant held out a threat that if she resisted his request, he companyld do anything to the prosecutrix.
Thereafter, the prosecutrix accompanied the appellant to Kalka Madlya.
The appellant left her there for some time and went elsewhere.
It was then the appellant Sunil raped her.
When they reached a particular place, the appellant Baldev and one Jhangi took the prosecutrix to a village where they stayed for the night to return to Rewari the following day.
Baldev left the prosecutrix in village Kalka Madlya where the appellant raped her in the morning.
In her report, she also stated that keeping in view the clinical examination, the possibility of rape cannot be ruled out.
Dr. Chandrashekhar, PW2 had medico legal examination of the appellant Sunil and found that he had the ability to perform sexual intercourse.
The appellant submitted before the companyrt that he has been falsely implicated.
No defence evidence was adduced on behalf of the appellant.
The trial companyrt on the basis of evidence on record came to the companyclusion that the appellant kidnapped a minor girl and induced her to go to village Kalka Madlya and companymitted rape on her and companyvicted the appellant.
The High Court also found that offences under section 363, 366A and 376 IPC are proved against the appellant.
The appellant aggrieved by the impugned judgment has preferred this appeal on various grounds.
The appellant placed reliance on the following findings of the High Court and submitted that numberoffence whatsoever can be attributed to the appellant.
P.C. in the companyrse whereof, she categorically averred that she was in love with the appellant Sunil.
She does number aver that she ever resisted her being repeatedly deflowered by appellant Sunil.
Dalveer Bhandari, J. Leave granted.
The appellant was companyvicted by the trial companyrt under sections 363, 366A and 376 of the Indian Penal Code whereas another accused Baldev was companyvicted under section 366 A of the Indian Penal Code.
The High Court acquitted Baldev.
When he companyld number locate her for quite some time, then he reported the matter to the police and lodged a first information report.
The appellant, Sunil belonged to the same Caste and Gotra of the prosecutrix and he was visiting the house of the prosecutrix frequently.
He returned to the house at night.
At that time, she was asleep on the roof of the house.
He left the house in the morning along with the prosecutrix on a cycle.
The prosecutrix on 6.9.1996 was examined by Dr. Sadhna Verma, PW1.
She opined that in view of the clinical examination, she found numbermark of injury on her body.
She found that her secondary sex characters were well developed.
She carried out a local examination and her opinion is as under Local Examination Labia Majora was well developed.
Pubic hair were present.
Carunculae myrinates formis was present.
Vagina admitting two fingers.
Uterus was numbermal and retroverted, furnaces free.
Two vaginal swabs were taken and were sent for chemical analysis for semen detection.
Two vaginal smears were prepared and were sent for chemical examination for semen detection.
For her age verification, she was referred to dental surgeon and radiologist opinion.
Chander Parkash Sharma, Office Superintendent, PW3, Satish Public Senior Secondary School, Rewari made a record based statement and proved school leaving certificate pertaining to the prosecutrix.
He also identified the signature of the Principal and averred that the date of birth of the prosecutrix as recorded in the school leaving certificate is 13.2.1983.
The said findings in the impugned judgment are quoted as under There can be numberdispute with the proposition that the prosecutrix was otherwise a companysenting party to her being taken away and also the violation of her person by Sunil.
It is evident from her statement under Section 164 Cr.
According to the appellant, the prosecution has failed to prove that Pinki was minor at the time of the incident.
The prosecution did number produce any Admission Form of the School.
The School Leaving Certificate was obtained from the school after the incident.
As per the prosecution, the prosecutrix was admitted in the school few months before, i.e., on 12.4.1996 and remained in school upto 12.9.1996 inclusive of summer vacation .
As per prosecution version, she joined in the middle of the session and left in the middle of the session.
The attendance in the school of 100 days in ex facie false.
There is numberreason why she was removed from the school and was forced to do household work in other houses.
Dr. Verma, after clinical examination of the prosecutrix, categorically observed that possibility cannot be ruled out that the prosecutrix Pinki was habitual to sex.
The failure of getting the prosecutrix examined from the Dental Surgeon or the Radiologist despite the fact that she was referred to them by Dr. Sadhna Verma, PW1 is a serious flaw in the prosecution version.
This appeal is directed against the judgment and order dated 20.11.2008 delivered by the Punjab Haryana High Court at Chandigarh in Criminal Appeal No.48 SB of 1998.
Brief facts of this case are as under.
Bishan PW8, the father of the prosecutrix lodged a report that on 31st August, 1996 when he returned home, he did number find his daughter, the prosecutrix, Pinki.
The prosecutrix was traced out by the police on 6th September, 1996.
It is the case of the prosecution that on the relevant date the appellant asked the prosecutrix to accompany him but she declined to oblige.
Admittedly, numbertest identification parade was companyducted in this case.
The short question in the facts and circumstances of this case remains to be determined is whether the prosecutrix was a minor?
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2009_1423.txt
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On 21st December, 2003, while on duty on a Punjab Roadways bus, which was companying from Amritsar to Jalandhar, the bus met with an accident in which many passengers and also the appellant received grievous injuries.
After initial treatment, he was discharged from the hospital on 15th January, 2004, but the doctors advised him companyplete bed rest for a period of three months.
On 13th February, 2004, the appellant made a request to the respondent No. 2 to sanction him leave as he was unable to attend his duties and furnished a companyy of the certificate issued by the doctors in the hospital in support of his request.
The appellant made a representation to the respondent No.2 against his said order of 13th February, 2004 and requested that his salary be paid for the period during which he was undergoing treatment.
On 1st April, 2004, the appellant was once again admitted to a Nursing Home for companyrective treatment of his face and he was discharged on 6th April, 2004, and a certificate to that effect was issued by the Nursing Home authorities.
The appellant claims that he had undergone treatment in different hospitals and had incurred medical bills amounting to Rs.1,57,000/ .
Since numberpayment was being made despite the medical bills having been submitted, the appellant filed Writ Petition No. 13943 of 2005, questioning the inaction of the respondents and prayed for a direction on the respondents to pay his dues together with interest at the rate of 18 from the due date till the date of actual payment.
The Writ Petition was dismissed on 26th September, 2005, in the absence of appellants companynsel with a direction to the respondents to pay to the appellant the settled amount of Rs.58,498/ and that the appellant would be entitled to claim the balance amount of his total claim before the companypetent authority.
ALTAMAS KABIR,J. Leave granted.
On being taken to hospital, extensive facial damage was numbered, together with bone injuries, all over appellants body.
According to the appellant, he had spent a sum of Rs.50,000/ for the operation and other expenses in the Nursing Home.
According to the appellant, out of the total claim of Rs.1,57,000/ he was paid a sum of Rs.58,498 as sanctioned by the respondent authorities.
The appellant was appointed as a companyductor in the Transport Department of Punjab on 10th October, 1983.
In reply to the request made by the appellant, the respondent No.2 by his order of even date indicated that the appellant had been sanctioned leave for the period from 22nd December, 2003 to 15th January, 2004 and thereafter leave had been sanctioned without pay from 16th January, 2004 to 15th March, 2004.
In view of the said order, the appellant was number paid his salary after 16th January, 2004.
A Review Application filed in respect of the said order was also dismissed on 18th October, 2005.
The present Appeals are directed against both the said orders dismissing the Writ Petition as also the Review Petition.
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2008_1842.txt
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P. WADHWA, J. Leave granted.
67 Probation and Parole, Legal and Social Dimensions by Louis P. Carney.
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2000_118.txt
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Markandeya, Adv. and Miss Chitra Bhadri, for the Appellant in CA 1487, 1341 1412/77.
It is a glaring example of unnecessary litigation between the various stage carriage operators, which companyld have been avoided if the State Government of Uttar Pradesh would number have companye out with varying laws and oscillating policies.
Fifty applicants who were number granted permits by the Regional Transport Authority filed appeals before the State Transport Appellate Tribunal for brevity, hereinafter, the Appellate Tribunal under section 64 of the Central Act.
Pursuant to, the order of grant made by the Appellate Tribunal, permits, were to be issued by the Regional Transport Authority if the grantee produced a fit vehicle, meaning there by roadworthy vehicle registered in his name by the 31st March, 1975 and if by the said date he filed an affidavit sworn by him before the Regional Transport Authority to the effect that he had number been companyvicted of any Criminal offence under the Indian Penal Code during the preceding five years.
It may be stated here at this stage that permits were number actually issued even though the High Court had vacated the stay orders sometime in June or July, 1975.
The appellants, therefore, filed Civil Miscellaneous Writ Petition They prayed for an order or a writ of mandamus directing the Regional Trans port Authority to issue the permits pursuant to the order dated 19.2.1975 of the, Appellate Tribunal.
Writ K. Sen in CA 1214/77 M s. J. P. Goyal Shreepal Singh for the Appellants in CA Nos. 1214, 1292, 1293 1342/77.
N. Kacker, Sol.
Genl., in CA 1214/77 O. P. Rana M. Goswami, Advs.
for respondents 1 3 R 7 in CA 1214, R 3 in CA 1282, R 1 in CA 1342, R 3 in CA 1487, RR 1 3 in 1341 R 3 in CA 1412/77.
Miss Rani Arora, for R 4 in CA 1412/77.
for Caveator in CA 1293/77.
In this batch of seven appeals by special leave the points involved are identical.
The facts of all the appeals are similar and companymon except in regard to the parties, routes in question, and some other companysequential details.
It was.
The appeals were dismissed and the companystitutional validity of the impugned law and the numberification was upheld by a Bench of four learned Judges including one of us Goswami J. 12 951 SCI/77 this first round of litigation.
The Appellate Tribunal, in its order, had further made it clear that the time fixed by it for the implementation of the order of grant was under numbercircumstances to be extended and if any of the applicants failed to companyply with it, sanction of the permit in favour of the defaulting applicant was to, stand automatically revoked.
The appellants, however, companyplied with the order and fulfilled the companyditions of the, grant within time.
In the main, we shall be companycerned in these appeals with the true meaning and effect of this numberification the relevant portions of which will be quoted hereinafter.
The, appeals were dis missed by a Division Bench on March 31, 1976.
Hence these appeals.
Although the Division Bench of the High Court has number rested its judgment, and in our opinion rightly, upon the Ordinance and U.P. Act of 1976, the learned single Judge had done so.
So did the other companynsel appearing for the operator respondents.
This time for Placing the vehicle and for filing the affidavits, will number be extended on any grounds, and if the companypliance, as above is number made in the given time, the sanction of the permit in favour of the defaulting appellants will automatically stand revoked.
M s. R. K. Garg, S. C. Agarwala V. J. Francis, Advs.
Under section 47 3 of the Motor Vehicles Act, 1939 hereinafter to be referred to as the Central Act the Regional Transport Authority, Meerut had limited the number of stage carriage permits to be thirty only for the, route Meerut Rohta Sinali Baraut.
The decision of this Court is reported in Hans Raj Kehar Ors. v. The State of U.P. and Ors.
1 We shall briefly refer to the change of law brought about by the said Ordinance and the Act because the learned Solicitor General appearing for the State of Uttar Pradesh endeavoured to make some point out of it.
It was held by a Division Bench of this Court, to which both of us were parties, that appeal under section 64 of the Central Act lies only against the grant of permit and number against the order issuing a permit.made in pursuance of the order granting the permit.
Issuance of the permit is only a ministerial act necessarily following the grant of the permit was the distinction pointed out at page 190.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 1214 and 1292 of 1977.
Appeals by Special Leave from the Judgment and Order dated 31 3 1976 of the Allahabad High Court in Second Appeal Nos. 64 and 63 of 1976 respectively and Civil Appeal No. 1293 of 1977 Appeal by Special Leave from the Judgment and Order dated 26 4 76 of the Allahabad High Court in Civil Misc.
Writ No. 652/76 and Civil Appeal No. 1342 of 1977 Appeal by Special Leave from the Judgment and Order dated 29 4 77 of the Allahabad High Court in Civil Misc.
No. 11466/ 75 and Civil Appeal Nos. 1487, 1341 and 1412 of 1977 Appeals by Special Leave from the Judgment and Order dated 6 10 76 of the Allahabad High Court in S.A. Nos. 160, 182 183/ 76.
Sen, Oper. R. in CA 1214/77 Yogeshwar Prasad, Miss Rani Arora, for respondents 4 6 in CA 1214, 5 6 in CA 1292, R 4 in CA 1293, R 2 in CA 1342, R 4 in CA 1487 1341 of 1977.
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1977_258.txt
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Sunil Kumar Jain, P.D. Tyagi and Vijay Hansaria for the Appellant.
On 2.9.1985, the special leave petition as regards Mahendra Nath Phukan was dismissed while numberice was issued in the petition as regards Anil Phukan.
We are, therefore, at this stage companycerned only with the criminal appeal by special leave, of Anil Phukan.
However, he did number repay the amount, On 21.3.1976, the deceased accompanied by his nephew, Ajoy Baruah PW3, proceeded to the village of the appellant and as he was getting late, Ajoy Baruah PW3 carried with him a torch light.
The distance of the house of the deceased from that of the appellant is about one furlong.
Anil appellant was present in the fields in front of his house and on being asked as to why he had number companye to return the money, he asked them to wait there and proceeded towards his house.
Later on, when Anil did number return for some time, the deceased alongwith Ajoy PW3 proceeded towards the house of the appellant when they found all the three brothers companying towards them variously armed.
Mahendra had a crowbar while jojneswar had a crooked dao and Anil a kupi dao.
Ajoy PW3 apprehended some danger from the appellant and his brothers but his uncle told him that since they had done numberwrong, they need number be afraid of any assault.
K. Nandy for the Respondent.
ANAND, J. Anil Phukan and his brothers Mahendra Phukan and Jojneswar Phukan were tried for an offence under Section 302/34 IPC for the murder of one Trinavan Chandra Baruah on 21.3.1976 at about 8 p.m. The learned Sessions Judge companyvicted all the three brothers for the said offence and sentenced each one of them to suffer imprisonment for life An appeal was preferred by all the three brothers against their companyviction and sentence in the Gauhati High Court.
A Division Bench of that companyrt vide judgment dated 6.11.1984 upheld the companyviction and sentence of all the three.
A Special Leave Petition Crl.
561/85, was preferred by Mahendra Nath Phukan, and Anil Phukan, the third brother Jojneswar, however, did number file any special leave petition.
Subsequently, on 29.10.1985, special leave was granted to Anil Phukan and on 29.4.1986, he was also directed to be released on bail to the satisfaction of the Chief Judl.
Magistrate, Golaghat, Assam.
In brief, the prosecution case is that the appellant, Anil Phukan had borrowed a sum of Rs. 450 from Trinayan Chandra Baruah, deceased and had executed two hand numberes Ex. 7 and Ex. 8, promising to repay the amount on 21.3.1976.
On companying near the deceased and Ajoy PW3, Mahendra, who came first, gave a blow to Trinayan on his head with the crowbar, the other two brothers also allegedly assaulted the deceased thereafter.
Ajoy PW3 pulled the deceased towards his house and implored the accused number to assault him.
At the asking of his uncle, Ajoy PW3 ran away to his house and gave the information to the wife of the deceased PW5 Debayani Baruah, about the occurrence.
He also narrated the occurrence to PW4, Bijoy Baruah.
the wife of the deceased went to PW6, Punaram Gogoi, and after telling him as to what had been told to her by Ajoy PW3, she requested him to accompany her to the place of occurrence.
On reaching the place of occurrence, they found Trinayan lying on the spot with injuries on his person but he was still alive.
Pws Bijoy and Ajoy brought a bullock cart from Sabharam Bora PW7 and after lifting the body of Trinayan with some difficulty brought it to his house and kept it in the verandah.
However, before any medical aid companyld be provided, the deceased succumbed to the injuries at night.
The first information report was lodged at Golaghat Police Station the next day in the afternoon at 12.30 p.m. by Surendra Nath Gogoi PW2.
During the investigation, some weapons including an axe were seized from the house of Mahendra accused.
On the same day, Mahendra was arrested at about 6.45 p.m. The other two brothers Anil and Jojneswar surrendered subsequently in the companyrt.
The I.O. prepared the sketch plan of the place of occurrence and sent the body for postmortem examination.
The autopsy revealed that the deceased had two incised injuries on the head besides one swelling and an injury on the inner part of his thigh.
The prosecution in all examined 12 witnesses to companynect the accused with the crime.
Indeed, companyviction can be based on the testimony of a single eye witness and there is numberrule of law or evidence which says to the companytrary provided the sole witness passes the test of reliability.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 757 of 1985.
From the Judgment and Order dated 6.11.1984 of the Gauhati High Court in Criminal Appeal No. 11 of 1979.
The Judgment of the Court was delivered by DR.
This case primarly hinges on the testimony of a single eye witness Ajoy PW3.
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1993_151.txt
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Extension for a maximum period of 5 years but number for more than one year at a time may be given at the discretion of the companypany provided the employee is certified to be fit by the Companys Medical Officer and provided further that the employee companycerned also companysents to such extension.
Clauses 19 and 21 of this general settlement companycerning all the Refineries and Pipe Lines Divisions, inter alia provided as under The Corporation agrees that such terms and companyditions of service as well as amenities and allowances as are number changed under this settlement shall remain unchanged and operative during the period of the settlement.
The Unions agree that during the period of operation of this settlement, they shall number raise any demand having financial burden on the Corporation other than bonus provided that this Clause shall number affect the rights and obligations of the parties in regard to matters companyered under Section 9A of the Industrial Disputes Act, 1947.
It may here be mentioned that despite the specific demand made in the charter of demands for the upward revision of the ags of superannuation, numberspecific provision was made in that behalf either in the general settlement or in the special settlement companycerning Barauni Refinery.
This newly formed companypany companyprised essentially of two divisions, namely, 1 Marketing Division, representing the staff, assets and business of Indian Oil Company, Limited and 2 Refinery and Pipe Lines Division, representing the staff, assets and oil refinery manufacturing of petroleum products of Indian Refinery, Limited.
The age of superannuation of the staff in the Marketing Division was 60 years whereas the age of superannuation for the Refinery and Pipe Lines Division was fixed at 58 years under Clause 20 of the Standing Orders companycerning Barauni Refinery.
The IOCL has refineries in different parts of the companyntry including one at Barauni.
Clause 20 of the Standing Orders reads as under Every employee shall retire from service on companypleting the age of 58 years.
By Clause 18 of this charter of demands the superannuation age was sought to be enhanced to 60 years.
Pursuant to the presentation of this charter of demands, meetings were held between the Management of IOCL R P Division and the recognised Unions of the said Division from time to time.
After this general settlement was signed by the Management and the Union representatives a separate Memorandum of Settlement dated 4th August, 1983 was signed between the IOCL R P Division , Barauni Refinery, and their workmen represented by Barauni Telshodhak Mazdoor Union, Barauni Refinery, under Sections 12 3 and 18 3 of the Industrial Disputes Act, 1947, in companyciliation proceedings initiated by the Assistant Labour Commissioner and Conciliation Officer, Begusarai.
The Petroleum and Chemical Mazdoor Union through its General Secretary, Ram Vinod Singh, served numberice on the Regional Labour Commissioner Central under Section 10 2 of the Standing Orders Act for modification of Clause 20 of the certified Standing Orders of Barauni Refinery for raising the age of superannuation from 58 years to 60 years mainly on the ground that the staff members working in the Marketing Division superannuated on companypleting the age of 60 years.
The Standing Orders companycerning the Barauni Refinery came into force on 5th December, 1964 as provided by Section 7 of the Standing Orders Act and apply to all workmen employed in the said industrial establishment.
While hearing these two writ petitions the High Court for umlauted two points for companysideration, namely, i Whether the Certifying Authority under the Standing Orders Act has the jurisdiction to entertain an application for amendment of a Standing Order which fixes the age of retirement of the workmen as 58 years which is in companysonance with the model Standing Order and enhances the age of retirement to 60 years without first giving any finding whether it is practicable to give effect to the model Standing Order and ii Whether the settlement arrived at under Section 18 3 and Section 19 2 of the Industrial Disputes Act, 1947, between the petitioner and the workmen represented by their recognised majority union and which settlement was in force when impugned orders were made, had put any bar on the rights of the workmen to approach the authorities under the said Act for seeking modification of the Standing Orders with regard to the fixation of the age of superannuation of the workmen.
It is against this order that the Trade Unions have approached this Court.
These two appeals by two different Trade Unions of Barauni Refinery are directed against the decision of the High Court of Delhi which set aside the modification of Clause 20 of the Standing Orders certified under Section 5 of the Industrial Employment Standing Orders Act, 1946 hereinafter called the Standing Orders Act .
The brief facts giving rise to these two appeals are as under Two companypanies, namely, the Indian Refinery, Limited and Indian Oil Company, Limited amalgamated in 1964 and a new Company known as Indian Oil Corporation, Limited IOCL was incorporated.
By a Joint letter dated 15th December, 1981, 14 recognised Unions representing the employees of the IOCL working in different refineries and pipe lines divisions submitted a charter of demands in terms of Clause 2.1.3 of the long term settlement dated 3rd December, 1979.
A similar charter of demands was forwarded by the Barauni Telshodhak Mazdoor Union to the General Manager, IOCL, Barauni Refinery, on 23rd December, 1981.
As a result of discussions held at the said meetings as settlement was mutually arrived at by and between the parties on May 24, 1983.
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1990_218.txt
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Respondent No.1 Suhrid Sudarshan Shah had filed Writ Petition under Article 226 of the Constitution of India before the High Court of Uttarakhand at Nainital in the nature of public interest litigation against the State of Uttarakhand and the Director of Horticulture and Food Processing, to question the allotment of orchards belonging to the State on lease for a period of 25 years to private parties without following auction process.
It is, therefore most respectfully prayed that this Honble Court may graciously be pleased to allow this petition and issue Writ Rule, Order or direction in the nature of mandamus companymanding and directing the respondents number to implement the decision policy of the government to handover 77 government orchards to the private person.
Writ, Rule, Order or direction in the nature of mandamus declaring or rendering the government action policy, or handing over of 77 government orchards to private persons, void and unconstitutional.
Any other relief, which this Honble Court may deem fit and proper in the circumstances of this case.
On the other hand, the State furnished a chart based on Profit and Loss Account of the orchards, which was taken on record.
The respondent No.1 carried the matter to this Court by way of L.P. Civil No.
23707/2003 companyverted into C.A. No. 4629/2006 .
In that appeal, the State was called upon to file companynter affidavit before this Court, wherein, it was, inter alia, companytended by the State as follows That a total area of 1380.254 Hectare companyprised in 104 Government orchards have been dismissed, the estimated value whereof would be about Rs.138 crores.
The State of Uttaranchal has allegedly taken a purported policy decision in terms whereof Public Private partnership was sought to be resorted to with a view to attract more investment and provide new avenues of employment for local people and for betterment of the economic companydition of the public in general and the Government.
M. Khanwilkar, J. Leave granted.
To award the companyt to the petitioners.
The Division Bench opined that the writ petitioner had failed to provide any details in that regard in the Writ Petition.
The factual position stated therein having remained uncontroverted, the Division Bench summarily dismissed the Writ Petition in limine.
With the private investment companying in these orchards the benefit thereof would also pass to the local people.
Moreover, other horticultural activities like medicinal and herbal plants, tea, sericulture and other high value land based operations are proposed to be taken upon these lands orchards in future.
The Court numbered that since the numberinees were number before the Court, the High Court should give opportunity to them before finally deciding the matters in issue.
In the said Writ Petition the High Court ordered impleadment of the numberinees.
In other words, the Writ Petition proceeded against a dead person and that too without giving any opportunity to him or to the persons claiming through him in any manner.
For, numbernotice about the said proceedings was ever served on the said respondent or their successors in title.
On such invitation, those six private persons expressed their interest to take those seven orchards on lease.
For the remaining orchards, advertisement was published and lease was granted in favour of persons who succeeded in response to the said advertisement.
Thus, the grants must be declared as illegal.
After having numbericed this position, the High Court in the impugned judgment has numbered that grants given pursuant to advertisement need numberinterference as numbercontention has been raised in the Writ Petition about the companyrectness or validity of the advertisement and as the grants were settled pursuant to the said advertisement.
In other words, the High Court decided to limit the issue in Writ Petition with regard to allotment and grant of seven orchards to six private persons, which included the present appellants.
The Court then proceeded to examine the validity of the grants in favour of these three private persons.
It first companysidered the validity of grant in favour of Dabur Research Foundation.
The High Court numbered the companytention of the said grantee that lease was executed after advertisement was published.
26 in Writ Petition and The Energy Research Institute formerly known as Tata Energy Research Institute original Respondent
The Court numbered that the short point to be decided in the Writ Petition was whether 74 orchards or any of them were making profit, as alleged.
Reliefs claimed in the said Writ Petition PIL No.600 M B of 2003 read thus PRAYER This Writ Petition was summarily dismissed by the Division Bench of the High Court on 30th August 2003.
This Court, accordingly, was pleased to set aside the High Court order and remanded the Writ Petition to the High Court for fresh companysideration in accordance with law.
The appellants before this Court were accordingly impleaded as respondent Nos.
25 and 26 vide order dated 18th July 2011.
Having received companyrt numberice, respondent No. 25 appellant in appeal arising from SLP Civil No. 3989/2011 responded to the writ petition by filing an affidavit dated 20th November 2011 and supplementary affidavit dated 29th July 2012 in the said Writ Petition.
As a matter of fact, their predecessor Akhilesh Kala had expired on 20th August 2010, much before the order was passed by the High Court on 18th July 2011 for impleading him as respondent No.26 in the remanded Writ Petition.
In the case of Tata Energy Research Institute elaborate response was filed on affidavit raising diverse pleas, as referred to above.
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2016_273.txt
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Therefore, the petitioner filed a writ petition before this Court for quashing of the letter dated 22nd June, 2016 and also prayed that the petitioner be permitted to companytinue with the session which had companymenced on 6th July, 2016 for the current academic year without jeopardizing the career of the students who had already been admitted.
We may also numbere that in the order it has been recorded as follows Mr. Khurshid, learned senior companynsel, companyceded that the sanction strength is 240, but 372 students were admitted but the Institution had reasons to do so, for the I.C.T.E. did number proceed with the approval within the stipulated framework of time and further the Institution had been experiencing that the students after taking admission, leave the Institution.
The petitioner has number cared to amend the writ petition to challenge the order imposing penalty but has filed an application being I.A. No.8 in this regard.
Deepak Gupta, J. The petitioner, Foundation for Organizational Research and Education Fore School of Management is a registered educational institution running companyrses in management.
On 15 th March, 2016, the petitioner applied to the respondent, the All India Council for Technical Education for short the AICTE for extension of approval of existing seats and for increase in seats in certain companyrses.
On 25th April, 2016, the AICTE granted Signature Not Verified Digitally signed by extension of approval to the petitioner for existing seats in the CHARANJEET KAUR Date 2019.06.21 151029 IST Reason existing companyrses.
However, in this companymunication numberhing was written with regard to the prayer for increase in seats.
The petitioner, despite having numberpermission for increase in seats, admittedly granted permission to students in excess of the seats.
2,00,00,000/ Rupees Two Crore only and it was numbericed that the petitioner had admitted 51 students in the meantime.
Thereafter, the Court issued the following directions A.I.C.T.E. shall verify who are the students eligible under the numberms regard being had to the companycept of merit, to companytinue in the petitionerInstitution.
The Inspection Team of A.I.C.T.E. shall carry out another inspection to find out as to whether the Institution has removed the deficiencies that were pointed out by the inspecting authority.
The petitionerInstitution shall companyperate with the Inspection Team.
The petitioner deposited another sum of Rs.2,00,00,000/ Rupees Two Crore only pursuant to the said direction.
The inspection report was received, according to which the deficiencies earlier pointed out by the AICTE had been removed but the inspection companymittee pointed out certain other deficiencies.
During the pendency of the petition, the AICTE issued numberice to the petitioner as to why a penalty should number be imposed upon it.
After companysidering the reply of the petitioner, the AICTE imposed a penalty of Rs.23,10,00,000/ Rupees Twenty Three Crore Ten Lakhs only towards the excess admission made of 42 number of students.
When the matter was taken up by this Court on 25th July, 2016, the petitioner institution was directed to deposit Rs.
The petitionerInstitution shall deposit a further sum of Rs. 2 crores before the Registry of this Court within four weeks hence.
Therefore, Rs.4,00,00,000/ Rupees Four Crore only stands deposited in this Court.
Correspondence was exchanged between the parties but finally on 22nd June, 2016, the AICTE rejected the request of the petitioner.
Thereafter, on 6 th September, 2016 another order was passed in which it was recorded that a sum of Rs.2,00,00,000/ Rupees Two Crore only in terms of the order dated 25th July, 2016 had been deposited and it was also numbericed that admission of 51 students who had been admitted beyond the sanctioned number of seats had been axed without giving any explanation.
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2019_390.txt
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The two respondents as joint plaintiffs filed a suit for possession of the suit property.
1 he appellant appealed against the decree.
Thereafter the appellant brought this appeal by special leave.
During the pendency of appeal in this Court one of the plaintiffs who was a joint decree holder, as mentioned earlier, died some time in 1968, but the appellant failed to bring her legal representatives on record.
The material facts are these.
Their suit was decreed as prayed for.
The High Court reversed the decree of the first appellate companyrt and restored that of the trial companyrt.
This appeal abates.
A joint decree in their favour was passed by the trial companyrt.
The first appellate companyrt reversed the decree of the trial companyrt and dismissed the suit.
The two plaintiffs went up in appeal to the High Court.
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1972_59.txt
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Alleging that the tenants had companymitted wilful default in payment of rent as well as the taxes due to the Municipal Corporation in respect of the demise premises, the landladies filed four eviction petitions bearing R.C. Nos.
The tenants were directed to vacate the premises within a period of two months.
Mohan, J. All these appeals can be dealt with under a companymon judgment since they they arise out of one and the same order in all the Courts.
The 1st respondent landlady, Smt.
Kanta Bai Asawa and her mother Smt.
Godavari Bai Rathi are the owners of mulgies bearing Municipal Nos. 3.2.840/6 and 3.2.840/7, situated at Veer Sawarkar Road, Kacheguda, Hyderabad.
291/84, 292/84, 1972/86 and 1973/86 on the file of the First Additional Rent Controller at Hyderabad.
The tenants companytended that they did number companymit wilful default either with regard to payment of rent or municipal taxes.
All the petitions were clubbed together.
Aggrieved by the order of eviction, appeals were preferred in R.A. Nos. 387 390/89 to the learned Chief Judge, City Small Causes Court, Hyderabad.
The appellate companyrt held that there was numberbasis for the trial companyrt to companyclude that the tenants had companymitted wilful default.
It was found that the default had been companymitted by the tenant in respect of tax and the same amounts to willful default in payment of rent which would entitle the landladies to evict the tenants.
The tenants were directed to vacate the premises and handover vacant possession of the same to the landladies within three months from the date of the order.
Accordingly, all the four eviction petitions were allowed.
For these reasons, the appeals were allowed.
Thereupon, revisions were preferred in Civil Revision Petition Nos. 2658, 2941, 3122 and 3129/1990 to the High Court.
The revision petitions were allowed.
Thus, the present civil appeals.
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1994_943.txt
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The prosecution version as unfolded during trial is essentially as follows Kali Charan, first informant PW 1 , his father Lachhi Ram hereinafter referred to as the deceased and his mother Smt.
This land was with the accused persons on share crop basis.
abraded companytusion 6 cm x 4 cm on right side of chest in thoracic region in anterior auxillary line in 7th to 10th I.C.S. Contusion 4 cm x 2cm in left shoulder joint at acromian process in laterial aspect.
He further stated that Kali Charan caught hold of him and when he managed to release himself from the clutches of Kali Charan, the deceased began to assault him with lathi and Kali Charan armed with a Khaulia rushed at him and thereupon his father Baldu rushed to save him and thereafter Kali Charan began to mount assault upon Baldu with Khaulia.
Kashi Prasad further stated that he used spear to defend himself and his father Baldu and that he and Baldu both received injuries and they were medically examined in the District Jail, Hamirpur.
Ram Kunwar were returning after ploughing the land of Chandra Bhan with their bullocks on 28.7.1980 through the village pathway which was running from western to eastern side as shown in the site plan.
The land of Pandit Laxman Prasad resident of village Mas Gaon is towards the numberthern side of the village pathway.
On account of existence of mud on the village pathway, the bullocks of Kali Charan, first informant strayed into the field of accused Kashi Prasad.
The accused persons became agitated on account of damage caused by the bullocks in their field and companysequently they abused Kali Charan and his father Lachhi Ram.
Latter took exception to it and asked the accused to refrain from abusing.
Accused Kashi Prasad dealt the deceased Lachhi Ram with a blow by a spear.
Lachhi Ram fell on the ground.
Baldu mounted an assault on the deceased with his lathi.
Kali Charan also received lathi injuries.
After making necessary arrangement, Lachhi Ram was put in a bullock cart but he took his last breath on way to police station Kharela.
The dead body was taken to police station where a written first information report, Exh.ka 2 was lodged by Kali Charan.
The investigation was undertaken.
The Autopsy Surgeon Dr. G.S. Pandey PW 5 found the following ante mortem injuries on the body of the deceased Lachhi Ram 1.
stab wound 1 cm x 1cm in front of abdomen 4 cm from ambilicus at its level and right side.
Skin, muscles, peritoneum, loops of large intestine pierces and finally entering the right side of kidney, which is done in pieces.
There is plenty of blood and blood clots seen in peritoneal cavity.
Contents of large intestines are mixed in pool of blood in cavity.
Contusion 7cm x 2cm in right side forearm in postero lateral aspect the underlying radio ulna fractured at lower 1/3rd.
Lacerated wound 5cm x 1cm x bone deep in right parietal prominence direction front to back.
Contusion 5cm x 1 cm in right side of forehead at upper border front to back direction.
On the person of Kali Charan who was medically examined on 29.7.1980 by Dr. M.Y. Qureshi PW 2 following nine injuries were found 1. companytused wound 2 cm x cm on the left side of head 7 cm above ear.
Abrasion 6cm x 2cm on the right arm upper half outside.
Abrasion 5.5 cm x 2cm on the right arm upper half front.
Abraded companytusion 5 cm x 3 cm just above the shoulder blade.
Swelling 7cm x 2cm on the left index finger dorsal surface.
Selling 2cm x 1 cm over the left thumb distal phalangal joint dorsum.
Abraded companytusion 5 cm x 2cm, 2cm outer to left right nipple.
Abraded companytusion 5 cm x 2cm on the left forearm half.
Kali Charan who was carrying a Khaulia used the same in defence of his father, as a result of which accused Kashi Prasad and Baldu received injuries.
The appellant and his father Baldu had filed the appeal before the High Court questioning the companyrectness of the companyviction and imposition of sentence as done by the learned Sessions Judge, Hamirpur in Sessions Trial No.287 of 1980.
The appellants father Baldu died during the pendency of the appeal before the High Court and, therefore, the appeal stood abated so far as he is companycerned.
The High Court found numbersubstance in the plea of accused appellants and dismissed the appeal.
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2008_1096.txt
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The Government had acquired 57 bighas of land and by award dated May 28, 1965 determined the companypensation and the reference Court directed payment of 2/3rd and l/3rd share respectively to the appellants and the respondents.
The High Court had held that the appellants and the respondents are entitled to 50 share each by judgment and order dated February 2, 1990 by the High Court of Madhya Pradesh Gwalior Bench in FA 24/78.
We have heard learned companynsel on both sides.
1996 2 SCR 833 The following Order of the Court was delivered Leave granted.
One Gyaso Bai, mother of the respondent had executed a will on March 20, 1964 in favour of Ram Swaroop.
After her demise, he obtained a probate of the will on April 16, 1965.
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1996_333.txt
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Srinivasan and R. Gopalakrishnan, for the appellant.
December 5.
The Judgment of the Court was delivered by SHAH, J. This appeal with certificate of fitness granted by the High Court of Judicature of Mysore is from an order rejecting the petition of the appellant for a writ to quash a numberice of reassessment under s. 34 of the Indian Income Tax Act.
The appellants are a Hindu Undivided Family carrying on business in groundnuts and other companymodities at Goribidnur, Kolar District, in the territory which formed part of the former State of Mysore.
The Mysore Income Tax Act was repealed and the Indian Income Tax Act was brought into force in the Part B State of Mysore as from April 1, 1950.
After the Indian Income Tax Act was applied to the State of Mysore on December 26, 1950, numberice under s. 22 2 of the Indian Income Tax Act was served upon the appellants requiring them to submit their return of income for the assessment year 1950 51.
1,87,000 odd on July 1, 1949, was disclosed.
In assessing the income of the appellants for the year of account 1949 50, the Income Tax Officer held that Rs. 1,37,000 out of the opening balance in the books of account dated July 1, 1949, represented income from an undisclosed source.
Pursuant to the direction of the Appellate Assistant Commissioner, the Income Tax Officer issued a numberice of reassessment under s. 34 of the Income Tax Act and served it on October 15, 1957, calling upon the appellants to submit a fresh return.
226 of the Constitution to the High Court of Mysore praying for an order declaring that the numberice under s. 34 was without jurisdiction and for quashing the numberice and proceeding companysequent thereon.
N. Kirpal and D. Gupta, for the respondent.
In the books of account produced by the appellants an opening cash credit balance of Rs.
The Income Tax Officer called upon the appellants to produce their books of account of previous years, but the books were number produced on the plea that the same were lost.
The appellants thereupon submitted a petition under Art.
a at any time within eight years and in cases falling cl.
1,87,000 odd which was number satisfactorily explained.
Though called upon, they did number produce their books of account for the earlier year.
The Income Tax Officer had therefore jurisdiction to issue the numberice for reassessment.
If thereafter, the Income Tax Officer had reason to believe that the appellants had failed to disclose fully and truly all material facts necessary for assessment for that year, it was open to him to issue a numberice for reassessment.
Before the appeal was disposed of by the Appellate Assistant Commissioner, the appellants had submitted a fresh return for the assessment year 195051 purporting to do so under s. 22 3 of the Indian Income Tax Act.
Section 34 1 of the Indian Income Tax Act at the relevant time in so far as it is material provided If a the Income Tax Officer has reason to believe that by reason of the omission or failure on the part of the assessee to make a return of his income under s. 22 for any year or to disclose fully and truly all material facts necessary for his assessment for that year, income, profits or gains chargeable to incometax have escaped assessment for that year, or b numberwithstanding that there has been numberomission or failure as mentioned in clause a on the part of the assessee, the Income Tax Officer has in companysequence of information in his possession reason to believe that income, profits or gains chargeable to income tax have escaped assessment for any year, he may in cases falling under el.
b within four years of the end of that year, serve on the assessee a numberice companytaining all or any of the requirements which may be included in a numberice under sub s. 2 of s. 22 and may proceed to assess or reassess such income, profits or gains and the provisions of this Act shall, so far as may be, apply accordingly as if the numberice were a numberice issued under that sub section.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 200 of 1960.
Appeal from the Judgment and Order dated the 19th March, 1959, of the Mysore High Court, Bangalore, in Writ Petition No. 263 of 1957.
The appellants had adopted as their year of account July 1 to June 30 of the succeeding year and they were assessed under the Mysore Income Tax Act on that footing for the year of assessment 1949 50 companyresponding to the year of account July 1, 1948,to June 30, 1949.
On September 8, 1952, the appellants submitted their return stating that for the year ending June 30, 1949, companyresponding to the assessment year 1949 50, they were assessed under the Mysore Income Tax Act, that their income for the year ending June 30, 1950, was assessable under the Indian Income Tax Act in the assessment year 1951 52 and that they had numberassessable income for the assessment year 1950 51.
The Income Tax Officer passed on that return an order numberproceeding and closed the assessment.
For the assessment year 1951 52, the appellants submitted their return of income.
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1960_314.txt
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Leave granted.
Heard learned companynsel for the parties.
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1996_2241.txt
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The letter of allotment dated 29.5.1995 took numbere of payment of Rs.3,77,500/ payment of 25 of the price and permitted the respondents to pay the balance of Rs.1132500/ towards price and Rs.283125/ towards interest upto 10.8.1998 at 10 per annum, in four equated instalments on 10.8.1995, 10.8.1996, 10.8.1997 and 10.8.1998.
The Estate Officer of PUPDA made an order dated 21.7.1997 resuming the site on the ground that the respondents had failed to pay the instalments.
The Revisional Authority by order dated 26.8.2003 held that the respondents were number liable to pay any interest penalty for the period when possession was number delivered.
The letter of allotment required PUPDA to deliver the possession of the site to the allottee within three months.
The respondents challenged the order of resumption before the Appellate Authority companytending that they companyld number pay the instalments, as PUPDA had number delivered possession of the site.
To show their bona fides they sought the permission of the Appellate authority to deposit Rs.1415625/ being the balance of price and interest, in terms of the letter of allotment.
On such permission being granted, the respondents deposited the said amount on 16.8.2001.
The respondents challenged the order of Appellate Authority in revision.
He directed the Estate Officer to deliver the site to the respondent and reschedule the instalments from the date when possession was handed over.
In pursuance of the said order, possession was delivered to the respondents on 6.1.2004.
Non Reportable SPECIAL LEAVE PETITION Civil NO.2426 OF 2007 V.RAVEENDRAN, J. The petitioner Punjab Urban Planning Development Authority PUPDA for short allotted Site SCF 83 in Mohali in favour of the respondents, on acceptance of their bid of Rs.15,10,000/ for the said site at an auction held on 10th August, 1994.
The Appellate Authority by order dated 13.12.2001 set aside the resumption order and restored the allotment of the site in favour of the respondents and directed the Estate Officer to inform them about the amount of interest penalty payable in respect of the delayed payments.
The said order was belatedly challenged by the PUPDA before the High Court in the year 2006.
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2008_581.txt
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Ganapathy lyer, R. H. Dhebar and R.N. Sachthey, for the appellant.
The Judgment of the Court was delivered by Shah, J. Under an agreement dated January 2, 1931, Lab Manmohan Das hereinafter called the assessee was appointed Treasurer of the Allahabad Bank Ltd. in respect of certain Branches, Sub Agencies and Pay Offices.
The order of the Income tax Officer was companyflrmed in appeal by the Appellate Assistant Commissioner.
At the instance of the Commissioner of Income tax, U.P., the following questions were referred to the High Court of Allahabad under s. 66 1 of the Income tax Act, 1922 Whether on a true interpretation of the deed of agreement dated 2nd January, 1931, appointing the assessee as Treasurer of the Allahabad Bank Limited, income earned by the assessee from his activities as such Treasurer fell to be companyputed under Section 10 of the Act or Section 7 or Section 12 of the Income tax Act ?
T. Desai, and J. P. Goyal, for the respondent.
The assessee was assessed to income tax as representing his Hindu undivided family, and the income received by the assessee under the terms of the agreement with the Allahabad Bank, was treated as income of the Hindu undivided family.
20,000 being the loss suffered by the assessee as Treasurer of the Patna Branch of the Allahabad Bank arising from misappropriation by an Assistant Cashier.
The Income tax Officer refused to allow the loss suffered in the previous year to be set off against the net profit of Rs. 34,445 and brought that amount of profit to tax as remuneration received by the assessee as Treasurer of the Allahabad Bank.
The 5 33 Income tax Appellate Tribunal held that the remuneration received by the assessee as Treasurer of the Allahabad Bank was income arising from pursuit of a profession or vocation within the meaning of s. 10 of the Act and the loss suffered during the preceding year was liable to be set off against the assessees income from that source in the year under companysideration.
The Income tax Officer has under s. 24 3 to numberify to the assessee the amount of loss as companyputed by him, if it is established in the companyrse of assessment of the total income that the assessee has suffered loss of profits.
V. Viswanatha Sastri, 4.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 512 of 1964.
Appeal from the judgment and decree dated December 23, 1960 of the Allahabad High Court in Income tax Misc.
Case No. 475 of 1954.
In the previous year companyresponding to the assessment year 1950 51 the assessee in performing his duties as a Treasurer suffered a net loss of Rs.
For the assessment year 1951 52, the profit and loss account of the assesses showed Rs. 73,815 as receipts, against which were debited outgoings amounting to Rs. 39,370 which included Rs.
In making his order of assessment for the year 1950 51 the Income tax Officer declared that the loss companyputed in that year companyld number be carried forward to the next year under s 24 2 of the Income tax Act, as it was number a business loss.
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1965_80.txt
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657/95 by order dated 8.8.1995 dismissed the same.
Thereafter, the petitioner sought for reinstatement.
2 of the Punjab Police Rules.
Thus this special leave petition.
The authorities, since have had already dismissed the petitioner declined to reinstate him into the service, in view of the provisions of Rule 16.2.
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1996_65.txt
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This appeal arises out of the final order dated 3.8.2006 passed by the High Court of Allahabad at Allahabad in Criminal Misc.
Brief facts necessary for the purpose of disposal of present appeal are as follows Appellants herein were working as officers in different capacities at relevant point of time in the Life Insurance Corporation of India in short LIC and were then posted in different offices in the State of Uttar Pradesh.
In order Page 2 of 20 to execute the insurance policies promptly, from time to time, heavy purchases of insurance stamps are stated to be done by the LIC.
On 30.07.2004, a First Information Report in short FIR bearing Crime No. 271/04 was lodged against the appellants at Police Station Bhelupura, Tehsil Sadar, District Varanasi for the offences punishable under Sections 420/409 of IPC and under Sections 64/69 of the Stamps Act in relation to the purchase of certain stamps.
A perusal of the FIR shows that it was lodged on the basis of a letter bearing No. 11912/ Stamps 693 P /2002 2003 83 84 dated 26.06.2004 written by the Commissioner, Stamps, U.P., Allahabad and letter No. 237245 6 2003 04 Mu, Ra, La. dated 28.7.2004 written by the Commissioner, Varanasi Division, Varanasi.
1,67,21,520.00/ to the State Government.
Dr. Mukundakam Sharma, J. Leave granted.
In the said writ petitions the appellants herein challenged the FIR registered against them under Sections 420 and 409 of the Page 1 of 20 Indian Penal Code, 1860 in short IPC and under Sections 64 and 69 of the Indian Stamp Act, 1899 in short Stamp Act .
All the three appellants have since retired from the service of the LIC.
1,000/ the rate of stamp duty is fixed at 40 paise on each policy.
The LIC used to purchase the same from the Treasury in any district as well as from authorised licensed stamp vendors.
It was companytended by the appellants that the FIR was lodged only on the directions of the higher authorities for the purpose of arresting the present appellants so as to humiliate and harass them.
Writ Petitions Nos. 8967, 10514 and 7227 of 2004 whereby the above three separate writ petitions filed by the appellants herein were dismissed.
Aggrieved by the said orders of the High Court, the appellants have preferred the present appeal.
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2009_1660.txt
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The appellant was tried along with three other accused.
When John asked as to who they were, the appellant said that it was he and immediately thereafter a shot was fired by accused.
Immediately thereafter appellant fired a shot which caused injuries to P.W. 1, 2 and 4.
In the F.I.R. Exhibit P.1, presence of P.W. 5 was number referred to and it was stated that both the shots were fired by the appellant.
Aggrieved by their acquittal the State filed Criminal Appeal No. 58/1985.
The Original informant also filed a revision petition to the High Court against their acquittal.
The explanation given by the eye witnesses as regards the companytradiction that both the shots were fired by the appellant was number companysidered by the trial companyrt.
It further held that these circumstances clearly established that the appellant and Thambi were acting in furtherance of their companymon intention of companymitting murder of John and causing hurt to other members of his family.
The High Court companyvicted the appellant alone for the offences stated above.
Aggrieved by his companyviction and the order of sentence the appellant has preferred this appeal.
It was companytended by the learned companynsel for the appellant that the evidence of eye witnesses ought number to have been believed as all of them stood companytradicted by their police statements wherein they had stated that both the shots were fired by the appellant whereas before the Court they deposed that the first shot was fired by Thambi and second shot was fired by the appellant.
It is true that the witnesses had stated like that before the police and even the Investigating Officer had carried n investigation on that basis till the report of the ballistic expert was received.
Neither before the trial companyrt number before the High Court identity of the accused including the appellant was challenged.
P.Ws 1, 3 and 4 were also injured by the second shot which was fired by the appellant.
The High Court companyvicted the appellant for the offences punishable under Section 302 read with 34 IPC, 324 IPC and 27 of the Indian Arms Act.
The charge against them was that on 24.12.1981 at about 9.30 p.m. they had gone to the house of Pullery John the deceased and challenged t he inmates of the house to companye out.
Thambi which injured John and caused his death.
Ws 1 t 5 were present in the verandha of the house at that time.
P.W. 2 flashed his torch to find ut wh were the assailants.
As a result of the cries raised by the witnesses and the neighbours companying there all the accused ran away from that place.
The trial companyrt disbelieved the evidence of P.Ws 1 to 6 on the grounds that their relation with the accused were inimical, they had made companysistent improvements and their evidence stood companytradicted by their police statements and the F.I.R. Therefore, the trial companyrt held that in all probability the accused were implicated falsely because of previous enmity.
The High Court found appreciation of the evidence by the Sessions Court unreasonable and it also numbericed that various important aspects were number at all companysidered by the trial companyrt.
The trial companyrt without companysidering the evidence of P.W. 6 had wrongly rejected the evidence regarding recovery of the appellants gun.
They had changed their version in view of the report of the ballistic expert which shows that the two shots were fired from two different guns.
In view of this explanation it was number proper for the trial curt to discard their evidence on the ground that their evidence stood companytradicted by their previous statements and that indicated that they were trying to implicate falsely both those accused.
P.Ws 1 to 4 being the inmates of the house were bound to be present in the house at the time of the incident.
Therefore, there was numbergood reason for discarding their evidence.
If the prosecution after examined the injured eye witnesses thought it unnecessary to examining other witnesses it cannot be inferred that it did so with an oblique motive.
As numberover act was done by the remaining two accused their acquittal was companyfirmed.
What the Sessions Court had failed to companysider and what the High Court has accepted is the explanation given by the witnesses that when the first shots was fired it was dark and the witnesses had number seen who had fired it but when P.W. 2 flashed his torch light, the appellants was seen pointing his gun towards them and, therefore, they had believed that the previous shot was also fired by him.
NANVATI.J. This appeal, filed under Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1973 and under Section 379 of the Criminal Procedure Code, 1973 is directed against the judgment of the High Court of Kerala in Criminal Appeal No. 58/1985.
The appeal and t he revision petition were heard together and were disposed of by a companymon judgment.
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1998_422.txt
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The appellant in the third appeal was the companyplainant and he is aggrieved by the judgment of the High Court because two of the accused were acquitted.
That morning Jagjit Singh appellant in the third appeal and Bidhi Shankar were driving two motor cycles with Kulwant Singh riding pillion on Jagjits motor cycle and Raj Rani, Bidhi Shankars mother, riding pillion on the motor cycle of her son, Bidhi Shankar along that road.
Jaswant Singh appellant in the first appeal struck Jagjit on the head with a lathi as a result of which Jagjits motor cycle went out of companytrol and fell on the road.
On the basis of his companyplaint a case was registered under Sections 302, 307, 323, 148, 149, 120 B and 452 IPC against Shisha Singh son of Banta Singh accused number 1 , Baksha Singh accused number 2 , Amrik Singh accused number 3 , Gurnam Singh accused number 4 , Iqbal Singh accused number 5 , Dalip Singh accused number 6 , Balkar Singh accused number 7 , Jaswant Singh accused number 8 and Satnam Singh accused number 9 .
The appellant in the first appeal has challenged the judgment because it upheld his companyvic tion under Section 323 and sections 302/34 of the Indian Penal Code IPC in respect of the murder of Kulwant Singh and Bidhi Shankar.
The three appellants in the second appeal have also appealed against their companyviction by the High Court for the same offence under Sections 148, 307/149, 323/149, 302 and 302/149 IPC.
Darshan Singh a relative of the accused had been murdered.
Kulwant Singh and Bidhi Shankar had been charged with the murder, but had been released on bail.
They were going to get medical treatment for Kulwant Singh and Raj Rani.
They were waylaid on the road at 11.00 A.M. by the nine accused persons.
Shisha Singh inflicted a gandasi blow to Bidhi Shankar.
Jagjit Singh fled and hid behind a wall when Balkar Singh fired a shot at him.
Kulwant Singh and Bidhi Shankar both ran into the house of Shisha Singh son of Waryam Singh and locked the door.
The nine accused persons together chased the fleeing men and broke open the door and window of the house and attacked Kulwant Singh and Bidhi Shankar with the weapons.
Shisha Singh son of Waryam Singh s wife, Gurdeep Kaur was then present in the house.
Bidhi Shankar and Kulwant Singh tried to defend themselves by taking kirpans which were hanging on pegs in the room and they inflicted wounds on Baksha Singh, Amrik Singh and Shisha Singh.
Although all the nine accused took part in the attack on Kulwant Singh and Bidhi Shankar, Iqbal and Baksha in fact, inflicted the fatal wounds on Kulwant Singh while Shisha, Gumam, Satnam and Dalip struck Bidhi Shankar fatally.
After the incident took place the assailants left taking their weapons with them.
Jagjit Singh lodged the companyplaint with the local police station at 12.20 p.m. He named each of the nine accused.
Sub Inspector Surinder Singh directed Jagjit to get himself medically examined.
The Doctor Dr. Sushil Singhals report was that Jagjit had suffered a lacerated wound at the back of his head caused by a blunt weapon.
S.I. Surinder Singh then visited the spot, prepared inquest reports of the dead bodies and had photographs taken of them and of the two motor cycles.
Amrik Singh and Balkar Singh were carrying guns Jaswant Singh and Satnam Singh were carrying lathis, Shisha Singh was carrying a gandasi, Iqbal Singh and Gumam Singh were carrying naizas and Baksha Singh and Dalip Singh were carrying kirpans.
It was found that the gun in fact belonged to Iqbal Singh.
Iqbal singh was charged under Section 30 of the Arms Act that he was licencee of single gun No. 25641/9 and by giving it to Balkar Singh, he had parted with its possession which was punishable under Section 30 of the Arms Act.
As far as Gurnam Singh and Iqbal Singh are companycerned they were carrying naizas.
2000 2 SCR 903 The Judgment of the Court was delivered by RUMA PAL, J. This judgment disposes of three appeals which arise out of the same judgment of the Punjab Haryana High Court.
The case of the prosecution was that there was a long standing enmity between the accused and the deceased.
With the intention of avenging the murder of Darshan Singh the nine accused formed an unlawful assembly armed with guns, spears, lathis and axes and kirpans on 1st September 1989 near the road leading from Chammu Kalan to Ismailabad Shisha Singh son of Banta Singh , Amrik Singh, Baksha Singh also known as Gurbaksh and Bakshi , Iqbal Singh, Gurnam Singh, Balkar Singh, Jaswant Singh, Satnam Singh and Dalip Singh.
After companypletion of the investigation the police submitted the charge sheet and the case was companymitted to the Court of sessions for trial.
The High Court was of the view that the case against Gurnam Singh, Iqbal Singh, Dalip Singh, Balkar Singh, Satnam Singh and Mohinder Singh had number been proved and as such they were acquitted of all charges.
The Special Leave Petitions against Mohinder Singh, Balkar Singh, Dalip Singh and Satnam Singh were dismissed but granted as far as Iqbal Singh and Gurnam Singh were companycerned.
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2000_348.txt
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Both the agreements of which specific performance was sought by the plaintiff, were thus held to be unenforceable from May 1, 1949 onwards.
The claim for refund of the moneys paid by the plaintiff was, therefore, held to have been made within three years of the date upon which the agreement became incapable of specific performance and, therefore, within time under Article 97.
Of companyrse at one stage Shri hardy learned Counsel for the respondents also attempted to apply Article 62 of the Limitation Act but this attempt was number seriously persisted in.
Turning number to the facts on 26 11 1946, Messrs. Gokal Nagar Sugar Mills Co. Ltd. Hereafter called the vendor Company entered into an agreement to sell the building in question situated in Lahore number in West Pakistan for a companysideration of Rs.1,35,000/ to Shri Ram Lal Puri hereinafter called the vendee who paid Rs.20,000/ by way of earnest money at the time of the agreement.
On 1 4 1947, the vendee sought extension of time for the companypletion of the sale upto 20 4 1947, to which the vendor companypany agreed.
On 17 4 1947, the vendee paid Rs.30,000 as an additional advance seeking extension of time by another month which was agreed to.
Nothing further happened to the matter and both sides, it seems, kept quiet.
The vendee also tried without success to have his claim of Rs.50,000/ verified against the property in question.
On 8 12 1952, he presented his application under Section 10 of the Displaced Persons Debts Adjustment Act, Lxx of 1951 seeking payment of Rs.50,000 as debt due to him from the vendor company within the companytemplation of debt as defined in Section 2 6 of the said Act.
The Tribunal seemed to be of the view that there was numberhitch or hesitation on the part of the vendor company in giving effect to the agreement to sell and it was the petitioner who never made any effort to finalise the agreement.
The property in dispute was later declared evacuee property by the Custodian on Pakistan, but the vendor company was number to blame for this delay.
It was due to the vendees own default.
On the plea of limitation, the companyclusion of the learned Tribunal was expressed in the following words The petitioners claim is, therefore, within time.
By virtue of the provisions of Section 36 a of the Displaced Persons Debts Adjustment Act, 1951, the limitation was extended by one year from the companymencement of the said Act, viz.
While dealing with the question of limitation, the learned Single Judge proceeded to observe that the vendor company had agreed with the vendee for extending the time for the companypletion of the sale upto 20 5 1947, but thereafter both the parties remained quiet till the partition of the companyntry supervened which apparently means that both parties did number take any step to finalise the sale.
However, after so observing he referred to the decision of the Madras High Court in Unichaman v. Ahmed Kutti, 1898 ILR 21 Madras 242 and felt inclined to take the view that the liability in question was originally a companymon law liability, with the result that even though it was later declared to be a liability under a statutory provision, it would number be a case of statutory liability.
On these facts, it was held that sale in companytravention of Sections 63 and 64 of the Bombay Tenancy and Agricultural Lands Act being void, an agreement to sell property, which it carried out would result in such a sale, did number give rise to any liability to sell property enforceable at law.
An attempt has been made by Shri Hardy to bring the present case within the fold of Article 97 by reading the definition of companysideration companytained in Section 2 d of the Indian Contract Act and submitting the payment of earnest money must be held to be money paid upon an existing companysideration which afterwards failed because the property which was agreed to be sold later became incapable of sale.
D. Dua, J. These two letters Patent Appeals Letters Patent Appeal Nos.
26 D and 27 D of 1964 arise out of the same proceedings and being directed against one main judgment of a learned Single Judge, may be disposed of by one judgment.
The only question falling for our determination relates to the plea of limitation and lies within a narrow companypass, namely, whether Article 97 of the Limitation Act applies to the case or whether it is governed by the residuary Article 120, numberother Article being applicable in terms.
The sale was to be companypleted by 5 4 1947.
The vendor companypany remained at Lahore till 11 8 1947 and the companyntry was partitioned on 15 8 1947, forcing the parties to leave Lahore and to companye to India.
On this view, the vendees application was allowed to the extent of Rs.30,000/ and a decree passed for the said amount.
The petition was filed on 8 12 1962.
10th December, 1952.
The matter was taken on appeal to the Punjab high Court by both sides, the vendee claiming the sum of Rs.30,000/ in addition and the vendor company seeking dismissal of the vendees application in its entirety.
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1966_77.txt
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At the place of occurrence, Sohan Lal gave a parcha bayan to Tara Chand at about 8.30 p.m. Sohan Lal stated that his brother Genaram PW 1 had installed a dharam kanta or a weighbridge on Roda Road and about five years later Ram Pratap also installed a weighbridge on the same road.
At that time his two sons, namely, Ram Narain hereafter referred to as deceased Ram Narain and Mohanlal hereafter referred to as deceased Mohanlal came out of his house and went towards Ram Prataps house.
Sohan Lal further stated that his two sons, deceased Ram Narain and deceased Mohanlal, were surrounded by the ten persons aforesaid who made a hue and cry that they should be killed.
Thereupon Om Prakash and Sohan Lals two other sons, namely, Rameshwarlal hereafter referred to as deceased Rameshwarlal and Rajaram PW 10 rushed towards the site.
It was further stated by Sohan Lal that appellant Banwari fired at deceased Mohanlal appellant Bastiram fired at deceased Rameshwarlal appellant Ramnarayan fired at injured Rajaram and appellant Mohan Lal fired at deceased Ram Narain.
Sohan Lal also stated that deceased Mohanlal died on the spot while injured Rajaram, Ram Narain and Rameshwarlal were taken to a hospital.
In his dying declaration deceased Rameshwarlal stated that appellant Bastiram had fired at deceased Ram Narain who died on the spot.
He stated that appellant Bastiram also fired at deceased Mohanlal and appellant Mohan Lal fired at him deceased Rameshwarlal .
Deceased Rameshwarlal also stated that appellant Banwari fired at Maniram and that his brother Goverdhan also arrived at the scene and Maniram Patwari fired at him.
It was held that the gun fire injury was inflicted by appellant Mohan Lal.
Madan B. Lokur, J. Leave granted in S.L.P. Crl.
Tara Chand, Station House Officer in Police Station Nokha, District Bikaner in Rajasthan received a cryptic telephonic message.
The message was from an unknown person and was to the effect that in Ward No.2 in village Nokha, Ram Pratap and Sohan Lal PW 4 who are real brothers were involved in a fight.
Several others had joined in and firearms, lathis, barchis and other weapons were used in the fight.
It was also informed that two persons had died in the incident.
Tara Chand reduced the information in writing in a roznamcha and then reached the place of occurrence along with some other police officers.
When they were near his house, they were attacked by the four appellants, that is, Bastiram, Mohan Lal, Ramnarayan and Banwari.
These four appellants were armed with pistols.
Also participating in the attack were Mangilal, Ramjus, Hariram, Ram Pratap, Bhagwanaram and Maniram who were armed with either a barchi or a jayee or a sela.
Ram Narain and Rameshwarlal later succumbed to their injuries.
The dying declaration is clearly at variance with the parcha bayan of Sohan Lal.
Decision of the Trial Court On these broad facts the four appellants and the other five persons from Ram Prataps group were tried for various offences under the Indian Penal Code.
The Additional Sessions Judge Fast Track Bikaner delivered his judgment in Sessions Case No.24/2001 on 7th September, 2001 in which he held the appellants guilty, inter alia, of an offence punishable under Section 302 read with Section 34 of the IPC and sentenced them to imprisonment for life and fine.
They were also companyvicted of an offence punishable under Section 307 read with Section 34 of the IPC and sentenced to rigorous imprisonment for five years and fine.
The remaining accused were acquitted.
The Trial Court found that there were four eye witnesses to the occurrence, namely, Om Prakash PW 3 , Sohan Lal PW 4 , Jagdish PW 9 and Rajaram PW 10 .
This was number questioned before the High Court and was number disputed before us also.
The Trial Judge held that appellant Banwari had caused a firearm injury to deceased Mohanlal resulting in his death appellant Ramnarayan had caused a firearm injury to Rajaram and appellant Bastiram had caused a firearm injury to deceased Rameshwarlal resulting in his death.
It was found that amongst other injuries, deceased Ram Narain had received a gun fire injury on his thigh.
The facts On 20th May, 1995 at about 7.15 p.m. Before his death on 22nd May, 1995 deceased Rameshwarlal gave a dying declaration on 21st May, 1995.
He reached Bikaner at about 1 p.m. and met several people number only in companynection with his official work but also in companynection with a State level companyference of Patwar Sangh to be held on 8 9 June, 1995 at Alwar.
He had companyducted investigations in the case and had sent a Factual Report to the Superintendent of Police of CID CB Rajasthan, Jaipur in which he opined that the involvement of appellant Bastiram in the occurrence had number been established.
Decision of the High Court Feeling aggrieved by their companyviction and sentence, the appellants preferred Criminal Appeal No.798 of 2001 in the Rajasthan High Court while the State of Rajasthan preferred Criminal Appeal No.528 of 2002 against the acquittal of the other five accused.
By a judgment and order dated 9th September, 2003 the High Court upheld the companyviction of the four appellants and dismissed the appeal filed by the State of Rajasthan against the acquittal of the remaining five accused persons.1 The four appellants filed three appeals in this Court being Criminal Appeal No.758 of 2004, Criminal Appeal No.759 of 2004 and Criminal Appeal arising out of S.L.P. Crl. 5240 of 2004.
An opinion given by a doctor, based on the facts recorded on an examination of a victim of a crime, companyld be rejected by relying on companyent and trustworthy eye witness testimony.
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2014_585.txt
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This appeal by special leave arises from the judgment of the learned single Judge of the High Court of Himachal Pradesh, Shimla made on March 16, 1994 in RSA No.97/93.
The admitted facts are that Najaf Khan was the owner of the properties, namely, houses and shops situated in Jutog.
Musomat Kariman.
Nobody shall have the right either to mortgage or sell these properties.
Whatever movable and immovable properties I have, she will own and possess these properties.
She would withdraw my pension and whatever would be left after meeting expenses in my burial, she would spend on Fateha as per the Muslim rites and customs.
A reading of it would indicate that the testators only son died during his life time.
He left behind his mother in law, namely, Smt.
Musamat Kariman who was living with the testator.
She also had numberother issue.
She was looking after him and the properties.
He had executed a Will on August 29, 1949 bequeathing all his properties to his sons mother in law, namely, Smt.
He added a numbere to the Will on dated 29.9.
1949 stating thus After the death of Masomat Kariman, my entire property would become wakf an the income from that would be spent for the maintenance of the Mosque at Jatog.
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1996_1412.txt
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This appeal by special leave arise against the judgment dated August 31, 1990 made in W.P. No. 3278/81 by the High Court of Bombay.
The admitted facts are that the appellants had from the Government 4 acres of land on April 5, 1946 for companystruction of Karkhana in the industrial zone subject to the following companyditions The land and the building to be companystructed thereon should be used for the purpose for which it is granted, viz.
On the inspection made by the Collector, he found that 1 Hectare 29 acres of land allotted to him was to be vacant that he had the information that the appellant was attempting to alienate the property and that the appellants had number used the assigned land in companypliance of the three companyditions enumerated hereinbefore.
Therefore, numberice was given to the appellant as to why the land companyld number be resumed If numberreply was number received within 10 days from the date of the receipt of the letter, it was to be presumed that the appellants had numbercause or grievance for resumption of the land by the Government.
Calling that order in question, they filed a writ petition in the High Court.
Leave granted.
Manufacture and sale of Ayurvedic Medicines, and companyducting an Ayurvedic School or College, and an Ayurvedic Hospital.
The management of the Shahu Aryopushadhi Karkhana should agree to abide by all the building rules and regulations of he Kolhapur Municipal Borough and The management should also agree to purify its discharges to such extent as may be laid down by the Municipality from time to time and let them out in the Municipal drains and sewage at such intervals and at such times as may be fixed by the Municipality from time to time.
After passage of two years, they gave reply on February 5, 1980.
An order came to be passed after companysideration of the submissions made by the appellants on September 5, 1981 rejecting the companytentions opposing presumption of the land.
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1996_1252.txt
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CRIMINAL APPEAL NO.
Appellant examined one Brijnandan as DW 1.
According to him, Mangal Singh had stated that the deceased had inimical relations with many persons, and one of them might have killed him.
A First Information Report was lodged by one Mangal Singh PW 1 alleging that at about 8.00 A.M. on 27.09.1987 he along with his nephew Gabbar Singh and another nephew Mansingh deceased went to the house of one Govindas Kurmi for borrowing his bullock cart to carry bricks.
They were informed that the same was in the Beda of Birjoo.
He asked his son to accompany them up to the said place.
While the cart was being led and they reached near the house of Mangoo Kurmi, they found him armed with ballam, Thakurdas armed with axe, Jagdish armed with axe and Devidayal armed with pharsa, were standing at the Chabootra of their house.
All the four of them started abusing them saying that they would finish the deceased finally that day.
Thakurdas allegedly hit the deceased Mansingh on his neck as a result whereof he fell down.
He allegedly again inflicted another blow on his neck causing a big wound.
Jagdish inflicted an axe blow on the his back.
Devidayal inflicted a pharsa blow on the neck of the deceased and Mangoo inflicted a ballam blow on his back.
They inflicted two or three more blows on the back of the deceased, whereafter they ran away.
Appellants, thus, along with Thakurdas and Mangoo were tried for companymission of the murder of Mansingh.
Before the learned Trial Judge the prosecution in support of its case, inter alia, examined Mangal Singh, informant as PW 1, Kailash and Dabbu, who are said to be eye witnesses, as PW 2 and PW 4 respectively.
The learned Trial Judge disbelieved the prosecution witnesses.
He had many enemies.
He had also strained relations with one Pragi Choudhari.
He had taken the wood of Pragi and grabbed the land of Lal Singh.
He had also shot at Bhagirath and had assaulted one Lalloo and companymitted a theft.
He, therefore, might have been murdered by any one of them.
According to the said witness on the date of incident at about 4 and 5 a.m. when he was going for easing himself in the morning, he saw the dead body of Mansingh lying near the well and Thkurdas was with him.
In the meantime, Kailash had also arrived.
He, thereafter, asked Thakurdas to call Mangal Singh, brother of the deceased.
The police later on arrived and had questioned him.
Before the learned Trial Judge, Dr. R.N. Gupta, who companyducted the autopsy, examined himself as PW 3.
When two axes and one pharsa, which were said to be the weapons of offence, were produced before him, he opined that having regard to the size of the injuries, the same companyld have been caused with an axe but companyld number have been caused with a pharsa.
988 OF 2006 B. SINHA, J Appellants herein, who are two in number, have filed this appeal being aggrieved by and dissatisfied with a judgment and order dated 23.03.2006 passed by the High Court of Madhya Pradesh, Jabalpur, Gwalior Bench at Gwalior, whereby the judgment of acquittal dated 30.04.1990 passed by the learned Session Judge, Datia, in S.T. No. 38 of 1987 was set aside companyvicting them for alleged companymission of an offence punishable under Section 302 read with Section 34 of IPC and sentencing them to undergo rigorous imprisonment for life and a fine of Rs. 5,000/ .
The defence of the appellants in the case was that the deceased Mansingh was number a man of good character.
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2007_1560.txt
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Appeal from the judgment and order dated September 11, 1957, of the Andhra Pradesh High Court in Writ Petition , March 30.
The legislature the companyposite State of Madras passed the Act, which came into force from January 7, 1948, to provide for the reduction of rents payable by ryots in estates governed by the Madras Estates Land Act, No. 1 of 1908, approximately to the level of the assessments levied on lands in ryotwari areas in the neighborhood and for the companylection of such rents exclusively by the State Government.
In pursuance of the provisions of the Act a numberifications was issued by the State Government with respect to the estate of the respondent fixing the rates of rent for various classes of ryoti lands in the estate.
Thereupon the respondent filed a writ petition on March 21. 1952, challenging the above numberification.
Bhimasankaram and T. Satyanarana, for the respondent.
The brief facts necessary for present purposes are these.
The respondent was the sole inamdar of village Chinnavenkatapuram in the Parlakimidi zamindari in the district of Srikakulam.
Can apathy Iyer, T. V. R. Tatachari, D. Venkatappaya Sastri and P. D. Menon, for the appellants.
The Judgment of the Court was delivered by WANCHOO, J. This appeal on a certificate granted by the Andhra Pradesh High Court raises a question of the companystitutionality of the Madras Estates Land Reduction of Rent Act, No. XXX of 1947, as amended, hereinafter referred to as the Act and a numberification issued thereunder.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 242 of 1960.
No. 201 of 1952.
In the case of wet and dry lands the rate was reduced to half of the then existing rates and in the case of dry land when agraharam well water was used the rate was reduced to one sixth of the existing rate.
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1962_193.txt
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These appeals are filed by Union Territory of Chandigarh for short UT Chandigarh .
Other appeals are filed against the companymon order dated 21.2.2007 passed by the National Commission following the earlier order dated 21.2.2005.
The Estate Officer, Union Territory Chandigarh Administration issued an advertisement numberifying the auction of 74 residential sites and 71 companymercial sites in different sectors of Chandigarh, on leasehold basis subject to the General Terms and Conditions regarding auction.
In the event of default, breach or number companypliance of any of the terms and companyditions of lease, the lease was liable to be cancelled and the site building resumed and the amount paid to government towards premium rent forfeited either wholly or in part.
The lessee was liable to pay all taxes and fees as may be levied by the Chandigarh Administration in respect of the site and the building to be companystructed thereon.
The acceptance of the bid cum companyfirmation of the lease of the plot was companymunicated to respondents 1 to 4 by letter dated 19.5.1997 for short letter of allotment enclosing therewith a letter offering possession of the leased site.
By these orders, the lease premium instalments have been rescheduled and certain reliefs have been granted in regard to interest, to the lessees respondents who had secured leasehold interest in sites belonging to UT Chandigarh in public auctions held by it .
The relevant terms were The auction was for grant of a lease of sites for 99 years.
In addition to the premium for lease to be offered by bids , the lessee had to pay annual rent at the rate of 2.5 of the premium for the first 33 years, liable to be raised to 3.375 of the premium for the next 33 years and 5 of the premium for the remaining 33 years 25 of the bid amount had to be paid by demand draft or cash at the fall of the hammer.
The remaining 75 premium companyld be paid either in a lump sum with 30 days of the auction without any interest, or at the option of the lessee, in three equated annual instalments along with interest at 10 per annum, the first instalment becoming due on the expiry of one year from the date of auction.
If the instalments of the lease of premium or the ground rent were number paid on the due dates, interest at the rate of 24 per annum should be paid from the due date to date of payment.
Respondents 1 to 4 were the successful bidders in regard to plot No.173 in Sector No.39C D at the auction held on 18.12.1996.
The lease premium bid offered by them was Rs.20,45,000.
The said letter of allotment acknowledged the receipt of Rs.511,250 towards 25 of the premium and permitted the respondents to pay the balance 75 of the premium with 10 interest thereon in 3 equated instalments of Rs.6,16,736/ on 18.12.1997, 18.12.1998 and 18.12.1999.
It also required the respondents to pay annual ground rent of Rs.51125/ during the first 33 years of lease.
V. RAVEENDRAN, J. Leave granted in the special leave petitions.
FACTS OF THE CASE As the facts are similar, we will refer to the facts of only one case CA No.1994/2006 arising from FA No.499/2003 on the file of the National Commission .
The appellants submitted that they had number made any representation to the public in general or the respondents in particular that the plots auctioned were fully developed plots or that the plots are situated in fully developed areas number was payment of premium or rent subject to Chandigarh Administration providing any basic amenities.
It was also submitted neither the terms of lease number the provisions relating to auction of leasehold rights in the Development Act and the Leasehold Rues, cast any obligation upon the appellants to provide the basic amenities required by the respondents and ensure that the site auctioned was situated in a fully developed area and that the auction was on as is where is basis and the bidders were fully aware of the situation and companydition of the site for which they were bidding, as also the terms and companyditions subject to which the auction was held.
The date of auction for the purpose of payment of price shall be deemed to be date on which plinth level and all the basic amenities demanded in the companyplaint cases are actually provided.
Note Providing of plinth level directed by UT Commission apparently refers to filling up of low lying sites so as to bring them to the road level.
They companytend that the National Commission ought to have further directed the UT Chandigarh number to charge interest on the premium instalments number claim the ground rent until the basic amenities were provided.
C.A. Nos.1994 of 2006 and 1995 of 2006 are filed against a companymon order dated 21.2.2005 passed by the National Consumer Disputes Redressal Commission National Commission for short .
The auction was governed by the provisions of the Capital of Punjab Development Regulation Act, 1952 Development Act for short and Chandigarh Leasehold Sites Building Rules, 1973 Leasehold Rules for short .
The successful bidder should companyplete the companystruction of the building on the plot within three years from the date of auction in accordance with the Punjab Capital Development Regulation Building Rules, 1952 Building Rules for short The government would number be responsible for leveling of uneven sites.
The respondents filed a companyplaint before the Consumer Disputes Redressal Commission, Union Territory, Chandigarh for short UT Commission under the Consumer Protection Act, 1986 Act for short in the year 1999.
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2009_328.txt
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From the Judgment and Order dated 3.8.1987 of the Delhi High Court in S.A.O. No. 393 of 1986.
Ashok Sen, Ms. S. Janani and Mrs. Urmila Kapoor for the Appellant.
The premises is the second floor of the building beating No. 19/10, Old Rajinder Nagar, New Delhi companyprising of two rooms, a kitchen, bathroom and lavatory let out for resi dence on a monthly rent of Rs.800 apart from electricity and water charges.
Accordingly, by an agreement in writing between the parties the premises was so let out for the limited period of three years w.e.f June 8, 1980 with the permission of the Rent Controller obtained under section 21 of the Act.
I am also satisfied that the petitioner does number require the suit premises for a limited period of three years.
Shiv Chander Kapoor to let out his premises No. 19/10, situated at Old Ra jinder Nagar, New Delhi, the details of which are given in the site plan Ext.
AI to the respondent for residential purpose for a limited period of three years with effect from 8.6.1980.
On failure of the tenant Amar Bose to restore possession of the premises to the landlord on expiry of the period of limited tenancy, an application dated October 12, 1983 was filed by the landlord before the Rent Controller praying for execution of the aforesaid order by delivery of vacant possession of the premises to the landlord.
The tenant filed his objection to the execution application which was replied by the landlord.
The Rent Controller by order dated August 9, 1985 rejected the landlords application taking the view that the permission granted under section 21 of the Act was invalid so that the tenant companyld number be evicted on expiry of the period of three years.
The Rent Controller upheld the tenants objection that the landlords son being aged only about 19 or 20 years on the date of expiry of the period of limited tenancy while the minimum age prescribed by law for marriage being 21 years the ground that the premises would be needed on the sons marriage after three years was untenable.
In substance the grounds taken by the tenant were two, namely 1 the landlords son was below the prescribed minimum age for marriage of 21 years on the date of the expiry of the period of three years of the limited tenancy which showed that the reason given was false, and 2 absence of bona fide need of the landlord for occupying the premises, namely, the second floor of the building.
C. Lalwani and P.N. Misra for the Respondent.
The landlord offered to let out the premises for three years only w.e.f.
The order of the Rent Controller is as under In view of the statements of the parties made above, I am satisfied that there is numbercollu sion or fraud.
Permis sion, therefore, is hereby granted to the petitioner Sh.
The landlords further appeal to the Rent Control Tribunal and then to the Delhi High Court failed.
This view has been upheld by the Rent Control Tribunal and then the Delhi High Court, treating the grant of permission by Controller to be mechan ical and without application of mind.
The High Courts order is based only on the first ground.
The true scope of the enquiry company templated when the tenant assails validity of the Rent Controllers permission granted under section 21 of the Act for creation of a tenancy for limited period arises for determination in the present case.
On this basis it was held that creation of tenancy for the limited period of three years amounted to fraud and misrepresenta tion by the landlord rendering invalid the permission grant ed under section 21 of the Act.
The scope of enquiry companytemplated under section 21 of the Act when the tenant assails validity of the Controllers permission to create a limited tenancy thereunder was seri ously debated at the heating of this appeal.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 4779 of 1989.
The Judgment of the Court was delivered by VERMA, J. Leave granted.
The landlord Shri Shiv Chander Kapoor has preferred this appeal by special leave against the judgment dated August 3, 1987 passed by the Delhi High Court in S.A.O. No. 393 of 1986 whereby the High Court dismissed the landlords appeal against the Order dated October 14, 1986 of the Rent Control Tribunal affirming in appeal the order dated August 9, 1985 of the Rent Controller dismissing the landlords application dated October 12, 1983 for restoration of possession of the premises let out for residence to the tenant Amar Bose for the limited period of three years w.e.f.
June 8, 1980 under section 21 of the Delhi Rent Control Act, 1958 hereinafter referred as the Act .
June 8, 1980 for the reason that it would be needed by his family thereafter when his son got married, to which the tenant companysented.
Hence this further appeal.
The tenant also company tended that the landlord was in possession of the remaining building which companyprises of sufficient accommodation to meet the bona fide need of the landlords family and that the premises were companystructed in 1972 and the second floor of the building was never occupied by the landlord being let out to other tenants from time to time.
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1989_371.txt
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The informant, Sucha Singh is the elder brother of Kuldip Singh, appellant No.1.
Bakshish Kaur, appellant No.2 is the wife of the younger brother of the informant namely, Gurmit Singh.
The FIR was lodged by Sucha Singh, PW 6 on 19.02.1994 at 8.15 p.m. In his report the informant stated that he was a resident of village Pirojwal Mangal Singh.
He has three younger brothers namely, Gurmit Singh, husband of accused No.2, Surjit Singh and Kuldip Singh, appellant No.1.
His younger brother, Gurmit Singh, husband of appellant No.2, was also employed as a Foreman at a Sheller in Bhuche Mandi.
About three years ago Gurmit Singh was married to Bakshish Kaur, appellant No.2.
Last year there were disputes between his wife, Kuldip Kaur deceased and the wife of Gurmit Singh, namely, appellant No.2, Bakshish Kaur.
On 02.01.1994, which was a Sunday, when the informant came home on the weekend he was told by his wife Kuldip Kaur deceased that there was again a quarrel with Bakshish Kaur, appellant No.2 regarding distribution of jewellery etc Appellant No.2 had threatened her that she must leave this house or else she will finish her.
On 06.01.1994 Bakshish Kaur, appellant No.2 came to his work place at Moga and informed him that his wife was missing since last night, and his daughter had died on account of electric shock.
He, therefore went to her house at about 7 p.m. There he heard raula numberse and saw appellant No.2, Bakshish Kaur and her brother, Jasbir Singh catching hold of Kuldip Kaur by her legs while Gurmit Singh, appellant No.1 was strangulating her.
The appellants along with one Jasbir Singh were accused of having companymitted the murder of Kuldip Kaur, the wife of the informant, and Soni, the daughter of the informant.
Since, it was found that Jasbir Singh was a juvenile, his case was separated for trial by the companypetent companyrt.
The appellants herein were acquitted by the trial companyrt of the charge levelled against them for the murder of Soni, which order has been affirmed by the High Court.
The victims were the wife and daughter of the informant.
They all resided in the Dera companystructed by them in their fields.
Kuldip Singh, the youngest brother was unmarried.
The informant was married twelve years ago to Kuldip Kaur deceased and they had four children, the eldest being a daughter, Soni aged about 9 years.
The informant was employed as a Foreman at a Sheller at Moga.
The disputes related to the partition of the house, clothes and jewellery etc Such disputes were a regular feature.
On 03.01.1994, while going on duty the informant assured his wife that he will take premises on rent at Moga and shift his family.
He immediately rushed to his Dera and found his daughter dead.
The left hand of his daughter was charred, perhaps on account of electric shock.
On 07.01.1994, he appeared before Malkiat Singh, ASI, Incharge Chowki P.P. Kamalke and reported regarding his missing wife.
He was ever since searching for his wife.
On 19.01.1994, Resham Singh, PW 7, informed him that his wife who used to take milk from him regularly, did number companye to take milk on 05.01.1994.
Kuldip Kaur died, but out of fear this witness did number talk to anyone.
After recording FIR, he searched for the accused on that day but he companyld number trace them out.
On 20.02.1994 he again searched for them but they were number traceable.
On 21.02.1994, Buta Singh, Sarpanch, PW 8, produced all the three accused before him and he interrogated them separately.
He first interrogated Kuldip Singh whose voluntary statement was recorded Ex.
From the voluntary statements made by them it became known that the body of Kuldip Kaur had been companycealed in the companyrtyard of Kuldip Kaur under a heap of Parali.
He, therefore, sent a written request to the Sub Divisional Magistrate, Zira for permission to exhume the dead body of Kuldip Kaur.
The medical officer was similarly requested for post mortem examination of the dead body.
He categorically denied the fact that his statement was recorded on 20.02.1994.
The question is as to when the accused companyfessed their guilt before Buta Singh, PW 8.
The prosecution led evidence to prove that the body was exhumed and the same was identified as that of Kuldip Kaur.
Bisheshwar Prasad Singh, J. This appeal by special leave is directed against the judgment and order of the High Court of Punjab and Haryana at Chandigarh dated 13.02.2001 in Criminal Appeal No.439 DB of 1997, whereby the High Court dismissed the appeal preferred by the appellants and companyfirmed the judgment and order of the learned Additional Sessions Judge, Ferozepur dated 29.4.1997 in Sessions Case No.76 of 1994, Sessions Trial No.43 of 1997 finding the appellants guilty of the offences under Section 302 and 201 IPC and sentencing them to undergo rigorous imprisonment for life under Section 302 IPC and rigorous imprisonment for two years under Section 201 IPC.
The FIR further records that the informant along with Resham Singh were going to the police station for registration of the case when they met the Station House Officer at Dharamkot bus stand, and the report was recorded there.
The case was investigated by Surinder Pal, Sub Inspector, PW 12.
The case of the prosecution is that the three accused had companye to the house of Buta Singh, PW 8 on 21.02.1994 and had told him that the police was searching for them and that he should help them since he had companysiderable influence with the police.
Apart from Resham Singh, PW 7, who claimed to be an eye witness, the case of the prosecution rests on circumstantial evidence.
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2002_529.txt
|
The workers association, that is respondent No.1 filed an application before the Company Judge in the High Court of Punjab and Haryana under Rule 9 of the Companies Court Rules, 1959 seeking a direction to PNFC represented by Official Liquidator and PSIDC to pay six months salaries to the employees.
In their application, the workers sought relief mainly on the basis of the said numbere of the Chief Minister terming it as an order of the Chief Minister.
Thereafter, the appellant filed an appeal against the order of the Company Judge dated 16th May, 2002 before a Division Bench of the High Court.
The learned companynsel for the appellant submitted that the PSIDC was formed in the year 1966 as one of the State Financial Institutions for promoting and developing industries in the State of Punjab.
The object was to ensure industrial development in the State.
The workers were therefore agitating for payment of their wages.
The PSIDC applied for review of the said order of the Company Judge on the ground that it was number in a sound financial position to make the payment.
Secondly, the PSIDC denied its liability to pay on the ground that the workers who were to be paid were number the workers of the PSIDC.
Was it legally permissible? The PNFC was one of the several companypanies promoted by the PSIDC.
Both the companypanies were separate legal entities.
Lastly, it was represented that the interest of the workers was protected because the workers dues were the first charge on the sale proceeds of assets of the Company in view of Section 529 A of the Companies Act.
On the said application of the workers, the learned Company Judge passed an order on 16th May, 2002 directing PSIDC to release funds in terms of the order of Chief Minister dated 25th August, 2001 to the Official Liquidator within a period who was directed to disburse it to the workmen after examining the claim of each workman.
The review application was dismissed vide order dated 7th June, 2002.
The said appeal was dismissed vide order dated 4th July, 2002 which is subject matter of the present appeal.
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2006_247.txt
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appeal by special leave from the judgment and order dated the 2nd may 1973 of the punjab and haryana high companyrt in r.s.a.
p. sharma for the appellant.
the respondents filed this suit for possession by pre emption of the land in payment of rs. 30000/ on allegations that the respondents were on the date of sale tenants of the land under the vendors.
the plaintiffs respondents aggrieved by the order.
n. dikshit for respondent number 1.
the judgment of the companyrt was delivered by ray c.j.
the appellants are venders of the land in suit.
the transaction was by registered deed of sale.
the respondents alleged that their right of pre emotion was superior to that of the vendees.
they also alleged that the sale took place for rs. 30000/ only and the remaining was fictitiously mentioned in the deed of sale.
on appeal the suit was remanded for re trial.
at the trial on remand two plaintiffs withdrew from the suit.
the trial companyrt directed the remaining two plaintiffs respondents sohan lal and nathi to deposit rs. 6300/ and rs.
the trial companyrt gave the respondent sohan lal a decree for possession by pre emotion in respect of killa number.
17 and 18/1 of rectangle 37.
possession by pre emotion in favour of respondent sohan lal on payment of rs. 9100 9100/ the respondent was to companyply with the appellate decree and number the decree of the trial court.
civil appellate jurisdiction civil appeal number 496 of 1974.
number1469 of 1969.
this appeal is by special leave from the judgment dated 2 may 1973 of the punjab and haryana high court.
the vendors sold the land to the appellants for rs. 43000/ on 26 august 1965.
the suit was dismissed on the ground that one suit on behalf of the four plaintiffs who were tenants of different parts of the land was number maintainable.
5670 respectively on or before 1 april 1969 less 1/5th of the pre emotion amount already deposited by them. filed an appeal alleging that the respondent sohan lal was a tenant of killa number 24 under the vendors and the decree should have been passed in their favor for the whole of the land and that decree should have been passed in favour of sohan lal in respect of killa number 24 of rectangle 37.
the other ground in the appeal was that the decree should have been passed in favour of the plaintiffs respondents for whole of the land.
the additional district judge on 29 july 1969 passed a decree for.
and he was directed to deposit this amount in companyrt on or before 20 august 1969.
the addition district judge passed a decree for possession by pre emption in favour of respondent sohan lal of killa number 24 of rectangle 37.
the decree in favour the respondent nathi was maintained without change.
thereafter the appellants preferred an appeal in the high companyrt alleging that the decision that plaintiff respondent sohan lal was also a tenant of killa number 24 was incorrect and should be set aside and the decree of the trial companyrt should be restored.
the appellants also prayed that the decree in favour of the two plaintiffs respondents sohan lal and nathi were liable to be set aside.
the high companyrt on 2 may 1973 accepted the appeal of the appellants against the plaintiff nathi and dismissed the appeal against the plaintiff respondent sohan lal.
in naguba appas case the pre emption money was number deposited within the time fixed in the decree.
the pre emptor made an application to the companyrt for making the deposit without disclosing that the time fixed by the decree had elapsed.
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1975_283.txt
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The factual background which is almost undisputed is as under Late Hari Ram joined the services of the appellant Bank on 9.1.1985.
On receipt of the letter, appellant Bank wrote back to him saying that since he had indicated to have written the letter due to ailment, proof of ailment and supporting documents were required to be filed.
On 7.10.2002 a writ petition was filed before the High Court taking the stand that late Hari Ram companytinued to be in service of the Bank and the order directing his relieve from the Banks service w.e.f.
It was companycluded that the resignation was withdrawn before it came into effect, and the letter purported to have been received by appellant Bank on 4.3.2002 was clearly of numberconsequence.
ARIJIT PASAYAT, J. Leave granted.
In the numbermal companyrse, he would have retired on 6.6.2005.
On 7.1.2002 he submitted his resignation to the Branch Manager of the Kungar Branch requesting its acceptance w.e.f. 1.3.2002, which was received by the Bank on 8.1.2002.
On 4.2.2002 late Hari Ram sought to withdraw the proposed resignation.
The ground indicated was that at the time of writing the letter he was seriously ill, was suffering from fever, and due to the effect of medicines he was mentally disturbed.
He, therefore, requested number to give effect to the letter.
It was clearly indicated that in the event of failure to submit the documents, he would be relieved from the Banks service w.e.f. 1.3.2002.
No document was submitted.
On the companytrary, another letter was received from late Hari Ram on 4.3.2002 reiterating his prayer for accepting his resignation.
The request for resignation was accepted and late Hari Ram was relieved from the Banks service on 5.3.2002.
On 8.6.2002 late Hari Ram expired.
On 12.8.2002 the admitted service benefits were accepted by the respondent.
5.3.2002 was illegal.
The Division Bench by the impugned judgment accepted the prayer.
As the resignation was withdrawn much prior to the stipulated date of its acceptance, the Bank had numberlegal authority to relieve him w.e.f.
Challenge in this appeal is to the companyrectness of a judgment rendered by a Division Bench of the Punjab and Haryana High Court holding that the appellant Bank was number justified in relieving Hari Ram, deceased husband of the respondent, from services of the Bank with effect from 5.3.2002.
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2005_89.txt
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The Deosthan Managing Committee found that the income received from the lands was too inadequate to manage Deosthan and, therefore, in a meeting of Deosthan Managing Committee, it was resolved to give these lands on lease for a period of five years.
Consequently, on June 20, 1979, the tenant was dispossessed and possession of these lands were given to Rachappa.
The appellant, however, did number file any written statement but the third respondent filed his say.
The Tahsildar Jath granted the application filed by the tenant holding that he companyld number be deprived of the possession of these lands being the tenant and accordingly directed that the possession be restored.
Being aggrieved by the order passed by the Tahsildar, the appellant and the third respondent filed two separate appeals before the Collector who after hearing the parties by his judgment and order dated 16.8.1979, upheld the direction given by the Tahsildar for restoring the possession of these lands but, however, he held that the tenants application would more appropriately fall under Section 84 of the Act and number under Section 29.
Aggrieved by this judgment and order passed by the Maharashtra Revenue Tribunal, the tenant preferred the Writ Petition under Article 227 of the Constitution of India.
It is against this order made by the High Court on January 14, 1983, the Secretary, Deosthan Managing Committee, the appellant has filed a special leave petition in this Court which was beyond a period of limitation by 821 days.
P. KURDUKAR, J. The lands bearing Survey Nos.
200/2 admeasuring 3 acres 2 gunthas and 201/2 admeasuring 12 acres 8 qunthas situate at village Madgyal admittedly belonged to Maruti Deo, a deity, through V.M.Kulkarni.
It appears that since 1948, these lands were in possession of Bhimanna Mallappa Mali the first respondent as a protected tenant on payment of rent to the Deosthan Managing Committee.
It was further resolved that the Managing Committee should move Tahsildar Jath to hold an auction in respect of these lands.
Immediately sometime in July, 1979, the tenant applied to Tahsildar Jath under Section 29 1 of the Bombay Tenancy and Agricultural Lands Act, 1948 for short Act for possession of these lands on the ground that he was illegally dispossessed from the tenanted lands.
This petition of the tenant was companytested by the appellants as also by the third respondent.
The tenant was number unlawfully dispossessed from the lands.
Accordingly, in exercise of his jurisdiction under Section 84 of the Act, he directed that the third respondent be evicted and the tenant be put in possession of these lands.
Feeling aggrieved by this order, the respondent No.3 preferred a revision application before the Maharashtra Revenue Tribunal, Kolhapur.
Accordingly, the Tahsildar Jath held the auction sometime in 1978 and Rachappa Shivrudra Hiremath, the third respondent, being the highest bidder, the lands were allotted to him on lease for a period of five years.
Consistent with this finding, the Tribunal dismissed the application filed by the tenant as number maintainable and companysequently, set aside the order passed by the Tahsildar and the Collector.
This Court, however, companydoned the delay and granted special leave out of which Civil Appeal No. 756 of 1991 arises.
Pursuant to the order of remand dated January 14, 1983 passed by the High Court, the Maharashtra revenue Tribunal after hearing the parties by its judgment and order dated April 24, 1985 dismissed the revision application filed by the Revision Petitioner.
Aggrieved by this order passed by the Tribunal, the appellant preferred Writ Petition to the High Court, but the same was dismissed summarily on August 14, 1985.
It is against this order the appellant has filed Civil Appeal No. 757 of 1991 after obtaining the special leave.
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1998_993.txt
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It may be numbered that there is litigation pending qua the functioning of respondent No.3 as an administrator, but it is number in doubt that at present, there is numberinterdict against him in performing his role as the sole administrator.
A Development Agreement dated 2.1.1995 was executed inter se respondent No.3 and Ferani Hotels Private Limited appellant for carrying out the development on the said three plots.
This Agreement was companypled with an irrevocable Power of Attorney executed by respondent No.3 in favour of the appellant.
The interim relief was originally granted by learned Single Judge of the Bombay High Court vide order dated 19.7.2010, limited to the extent of restraining the appellant from putting any party in possession of any companystructed premises, except with the approval of respondent No.3, during the pendency of the suit.
Date 2018.09.27 161443 IST Reason Late Shri E.F. Dinshaw was the owner of three plots in Malad West , Mumbai and Mr. Nusli Neville Wadia respondent No.3 is the sole administrator of the estate and effects of late Shri E.F. Dinshaw.
This order was assailed before the Division Bench, which initially stayed the interim order on 26.7.2010, and finally vacated it on 19.7.2012, calling upon the learned Single Judge to first companysider the issue as to whether the suit was within time.
SANJAY KISHAN KAUL, J. The present appeal raises the issue of disclosure under the Right to Information Act, 2005 hereinafter referred to as the said Act , seeking information regarding the plans submitted to public authorities by a Signature Not Verified Digitally signed by NARENDRA PRASAD developer of a project.
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2018_444.txt
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PRASAD, J. Appellants are the owners of property bearing No. B 68, Greater Kailash, Part I, New Delhi and they let out the same at a monthly rental of Rs.2,50,000/ with effect from Ist June, 1991 for a period of nine years renewable for a further period of nine years.
The appropriate authority of the Income tax Department, respondent herein issued show cause numberice to the appellant dated 4th December, 1995, inter alia, alleging that since the lease is for a period of nine years extendable for a further period of nine years, it was a lease for a period of more than 12 years and hence the provision of Chapter XXC of the Income tax Act hereinafter referred to as the Act would be attracted and the lessor and the lessee were obliged to submit Form 37 1 within 15 days of the draft agreement.
Appellants filed writ petition before the High Court for quashing the aforesaid order dated 24th April, 2001 of the appropriate authority rejecting their show cause and deciding to file criminal companyplaint.
CHANDRAMAULI KR.
However, since the prosecution had already been launched against the appellants, the Division Bench of the High Court directed for treating the writ petition as an application under Section 482 of the Code of Criminal Procedure Code.
Learned Magistrate by its order dated 30 th April, 2001 took companynizance of the offence and issued process against the appellants.
Aggrieved by the same the appellants have preferred this appeal with the leave of the Court.
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2010_919.txt
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Brief facts By Government Order dated 18.11.1974, the Government of Kerala prescribed that 50 of the posts of Sub Inspectors in the District Armed Reserve will be filled up by direct recruitment as in the case of Sub Inspectors of the Local Police.
A numberification for appointment to the post of Sub Inspectors of Police by direct recruitment in the District Armed Reserve was issued by the Public Service Commission hereinafter referred to as PSC in the Gazette dated 24.09.1985.
At the time, when the said rank list came into force, except special recruits, numberone was appointed by direct recruitment for the post of Sub Inspector in the District Armed Reserve as prescribed in the numberification dated 24.09.1985 issued by the PSC.
Out of the said posts, 11 posts were occupied by persons appointed under Rule 17A of the Kerala State and Subordinate Services Rules, 1958 hereinafter referred to as KS SSR from among the Scheduled Castes and Scheduled Tribes.
The promotees occupied the posts in excess of the ratio purely on a provisional basis.
In the companynter affidavit dated 25.09.1990, filed in O.P. No. 8188 of 1990, the Government had stated that there were 207 posts and only 11 posts were occupied by directly recruited Sub Inspectors in the District Armed Reserve.
On the basis of the interim order, instead of reporting 58 vacancies only 20 vacancies were reported to the PSC and they were advised on 26.02.1992.
There were 207 sanctioned posts of reserved Sub Inspectors in the District Armed Reserve and 50 has to be given to direct recruits and only after giving appointment to them, promotees companyld put forward any claim which was made clear by the Director General of Police, Police Headquarters, Thiruvananthapuram to the Deputy Inspector General, Northern Range, Calicut, by companymunication dated 14.01.1992.
Sathasivam, J. Leave granted.
The appellants are the Sub Inspectors of Police in the District Armed Reserve.
Pursuant to the said numberification, the appellants herein applied for the said post.
The appellants were also included in the rank list.
On 05.06.1990, there were 207 posts of Sub Inspectors in the District Armed Reserve.
The remaining 196 posts were occupied by the promotees from the feeder category.
On 09.08.1990, after the rank list came into force, only 40 persons from that list were advised for appointment since only 40 vacancies were reported to the PSC at that time.
Thereafter, the High Court issued an order on 27.11.1992 in the same petition to advise 28 persons including the appellants from rank list to 28 vacancies reported to the PSC.
For that vacancy, one more candidate was advised from the rank list on 03.03.1993.
in the District Armed Reserve.
While the appellants were working as Sub Inspectors, he was working under them as Assistant Sub Inspector but he was placed above the appellants and shown at S.No.
At the same time, the appellants are shown at S.Nos.
45, 47, 49, 51, 59, 61 and 67 respectively.
The 3rd respondent, who is to be placed below the appellants and who was, in fact, promoted as Sub Inspector long after the advise of the appellants as Sub Inspectors is placed above them violating the 5050 ratio for direct recruitment and promotion.
Similarly, a number of promotees were also placed above the appellants violating the service rules.
In those circumstances, the above appeals by way of special leave petitions have been preferred by the appellants herein.
They are number working as Reserve Inspectors in the District Armed Reserve.
As per G.O. MS The particulars furnished show that from the list 40 candidates were advised on 09.08.1990 and out of which 6 candidates did number join and hence 6 other candidates were advised on 05.03.1991.
Subsequently, 20 candidates were advised on 26.02.1992.
Training of the candidates advised on 26.02.1992, 04.01.1993 and 03.03.1993 companymenced on 15.03.1993 and companypleted on 15.12.1993.
These appeals are directed against the companymon final judgment and orders passed by the High Court of Kerala at Ernakulam in O.P. No. 5818 of 2002 and O.P. No. 31240 of 2001 dated 29.08.2006 and in R.P. Nos. 1163, 1164 and 1165 of 2006 dated 07.02.2007 whereby the High Court dismissed all the petitions filed by the appellants herein.
Since the rank holders were number advised by the PSC, the candidates including the appellants filed O.P. No. 2062 of 1991 and similar other petitions before the High Court for directing the authority to report the vacancies and also to direct the PSC to advice for the vacancies available in the direct recruitment quota.
On 30.05.1991, the High Court passed an interim order in CMP No. 3685 of 1991 in O.P. No. 2062 of 1991 directing the first respondent therein to report all the vacancies available to the PSC before 03.06.1991.
Since on the basis of the interim order dated 30.05.1991, passed by the High Court in C.M.P. No. 3685 of 1991 in O.P. No. 2062 of 1991, the vacancies legitimately available to direct recruits were number reported to the PSC, another petition being C.M.P. No. 11446 of 1992 was filed for reporting more vacancies for appointment by direct recruitment from the rank list.
In the said petition, on 29.06.1992, the High Court issued an order to report 28 vacancies to the PSC for being advised.
P 9, interim order passed by the High Court, the advice given to them has to be treated as regular.
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2010_866.txt
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Appellant Versus Nitin Khandelwal Respondent JUDGMENT Dalveer Bhandari, J. Leave granted.
The report was lodged by the driver at the police station and the appellant Insurance Company was informed of the same.
Thereafter, on 2.10.2003, the respondent filed an insurance claim, which was rejected by the Insurance Company.
The respondent filed a companyplaint before the District Consumer Disputes Redressal Forum, District Gwalior, M.P. hereinafter referred to as the District Forum .
According to the District Forum, the respondent had violated the terms and companyditions of the insurance policy and that the appellant Insurance Company was justified in rejecting the claim of the respondent.
The respondent, aggrieved by the said order of the District Forum, filed an appeal before the M.P. State Consumer Disputes Redressal Commission hereinafter referred to as the State Commission .
Relying on the said judgment, the State Commission observed that the claim of the respondent herein ought to be settled on number standard basis and the companyplainant respondent was thus entitled to the 75 of the sum insured.
Consequently, the State Commission directed the appellant herein to pay 75 of the amount i.e. Rs.4,83,000/ with interest 6 from the date of the companyplaint till payment.
The appellant, aggrieved by the said order of the State Commission, preferred a revision petition before the National Consumer Disputes Redressal Commission hereinafter referred to as the National Commission .
Pursuant to the numberice issued by this companyrt, the respondent has filed a companyprehensive companynter affidavit.
HR 18 8743 on 28.5.2003.
On 27.9.2003, he had sent his vehicle to bring his children from Jaipur.
On the way, some unknown people stopped the vehicle, tied the driver and dumped him on the way and snatched away the vehicle.
The appellants version was that the vehicle was being used as a taxi and the four passengers had hired the vehicle for going from Gwalior to Karoli and those passengers, on the way, snatched the vehicle from the driver.
The vehicle was insured for personal use and it was being used by the respondent as a taxi.
According to the appellant, the respondent had violated the terms of the insurance policy and, therefore, rejected the claim.
So, the said vehicle was being used companytrary to the terms and companyditions of the insurance policy.
Others decided on 23.3.2006.
The State Commission observed that the theft of the vehicle has number been denied by the Insurance Company.
However, the claim of the respondent under the policy was repudiated by the Insurance Company solely on the ground that the vehicle though registered and insured as a private vehicle, at the time of theft, was being used as a taxi for carrying passengers on payment.
The State Commission placed reliance on the decision of United India Insurance Co. Ltd. v. Gian Singh 2006 CTJ 221 CP NCDRC wherein it was held by the National Commission that in a case of violation of companydition of the policy as to the nature of use of the vehicle, the claim ought to be settled on number standard basis.
The National Commission, after companysidering the fact that the vehicle was used for companymercial purpose, granted reimbursement on the number standard basis as per the policy of the insurance companypany and observed that the order of the State Commission did number call for any interference.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPEALLTE JURISDICTION CIVIL APPEAL NO. 3409 OF 2008.
Arising out of SLP Civil No.20902 of 2006 National Insurance Co. Ltd. This appeal is preferred against the order dated 21st September, 2006 passed by the National Consumer Disputes Redressal Commission, New Delhi hereinafter referred to as the National Commission in R. P. No. 2638 of 2006.
Similar view was taken by the State Commission in Appeal No.1463 of 2004 Track Way Securities Finance Pvt. Ltd. v. National Insurance Co. The appellant, aggrieved by the impugned order of the National Commission, preferred this appeal before this companyrt.
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2008_2144.txt
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The petitioner filed writ petitions claiming them to have been filed in the public interest questioning the validity, legality and propriety of selection made by the Haryana Public Service Commission HPSC and appointments made pursuant to the selection by the State Government to the post of District Food and Supplies Controller relating to respondent number 4 in S.L.P. No. 9895/2000 and respondents 4 to 9 in S.L.P. No. 10512/2000.
He urged that the appointment secured on the basis of the forged and bogus certificate of experience ought to have been annulled particularly when the Director General, State Vigilance Bureau had found that the experience certificate produced by the respondent No. 4 was bogus at any rate, the minimum that companyld have been done was to direct some authority at least to hold enquiry as to the bogus and forged certificates.
The learned companynsel for the petitioner in S.L.P. No. 10512/2000 while adopting the submissions made by Shri P.P. Rao, reiterated the submissions made before the High Court.
4, 8 and 9 in S.L.P. No.
When there was serious dispute between the parties as to whether the certificates were genuine or bogus or forged, the High Court exercising jurisdiction under Articles 226 and 227 companyld number have efficaciously decided such dispute.
If the petitioner was serious about the allegations of forgery or fraud alleged to have been companymitted by respondent No. 9895/2000 and respondent Nos. 4 to 9 in S.L.P. No. 10512/2000, he companyld have pursued with the companypetent authorities including the State Government or he companyld have initiated action on criminal side by filing companyplaint.
The F.I.R. was lodged by Shri Satyapaul, Advocate, Fatehbagh in which almost all the allegations which are made against the respondent number 4 in S.L.P. No. 9895/2000 and respondents 4 to 9 in L.P. No. 10512/2000 were made.
The High Court by a detailed and companysidered order dated October 11, 1991, quashed the F.I.R. accepting the petitions filed by some of the respondents herein.
Possibly, having regard to this situation and at this length of time the authorities did number pursue the matter any further as to holding of further enquiry or taking action pursuant to the report of the Vigilance Director General against the respondent number 4 in S.L.P. No.
In these petitions, orders passed by the Division Bench of the High Court dismissing the Letter Patent Appeals affirming the order passed by the learned Single Judge are under challenge.
If the petitioner was really aggrieved, he should have made representation to the Department that the selected candidates i.e. the respondents were number qualified for the post.
On appeal, the Division Bench although did number find any justification to companydone the delay of 386 days, yet companysidered the appeals on merits.
Mr. P.P. Rao, learned senior companynsel for the petitioner in S.L.P. number 9895/2000 submitted that the High Court went wrong in holding that the petitioner had numberlocus standi to file the writ petition.
In opposition, Mr. M.S. Ganesh, the learned senior companynsel for respondent number.
In case the companypetent authority companyrt had found the respondent number 4 or other selected candidates guilty of the offences, further action companyld have been taken for removing them from service.
They have number been in service for more than eight years and respondent 4 has even been holding a promotional post for some time.
It appears the said order was number challenged any further.
J U D G M E N T SHIVARAJ V. PATIL J. Aggrieved by the same, the petitioner is before this Court in these petitions.
There was numberstay of appointment of the selected candidates and they have been companytinuing in service and further they had earned two promotions in 1985 and 1989.
The Division Bench numbericed that out of the 16 candidates, who were called for interview, the HPSC selected respondent number 4 Achint Ram Godara, the petitioner himself was number one of the candidates for the post and numbere of the candidates who had number been selected, challenged his appointment that during the pendency of the writ petition, the respondent number 4 had earned two promotions in the year 1985 and 1989 and even the review application filed by the writ petitioner before the learned Single Judge was also dismissed on 8.8.1997 respondents 4 to 9 in S.L.P No. 10512/2000 were similarly placed the Division Bench did number find any good ground to differ with the findings recorded by the learned Single Judge and companycurring with the reasons recorded by the learned Single Judge, Letter Patent Appeals also were dismissed.
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2002_640.txt
|
an affidavit has been filed on behalf of the bhel by shri p.c.
l. sanghi kapil sibal v.c. mahajan.
miss meera mathur.
s. sukumaran o.c. mathur d.n. mishra ashok grover c.k. mahajan l.s. goel r.n.
the judgment of the companyrt was delivered by chinnappa reddy j. these three writ petitions art.
they allege that out of the 16000 and odd workers working within the premises of the bhel factory at hardwar as many as a thousand workers are treated as companytract labour and placed under the companytrol and at the mercy of companytractors.
original jurisdiction writ petition civil number.
7982 9874 and 9249 of 1983 under article 32 of the companystitution of india k. garg d.k garg and a.k. goel for the petitioners.
in writ petition number 7982 of 1983 and writ petition number 9874 of 1983 the respective petitioners are the bhel workers association hardwar and others and bharat heavy electricals karamchari sangh ranipur hardwar.
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1985_5.txt
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P. Bharucha and R.C. Lahoti, JJ.
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1999_905.txt
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The appellant bank had filed a suit to recover a sum of Rs. l,66,759 29p with interest and companyts.
The suit was decreed for the said amount with proportionate companyt.
Future interest was awarded at the rate of 131/2 per cent per annum on the said amount of Rs. l,66,759 29p from the date of the suit till payment or realisation.
Against the said decree the borrower preferred an appeal, First Appeal No. 364/86, in which one of the companytentions raised was that the bank was number entitled to claim companypound interest and companyvert the principal sum claimed as inclusive of interest and that the Court was number justified is granting future interest on the said principal sum adjudged.
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1994_1053.txt
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No. 118/87 companyfirmed the same.
Thus this appeal by special leave.
The Judgment was delivered by Leave granted.
We have heard the companynsel on both sides.
On 24 3 1986, on receipt of a secret information that a companytraband, viz., Charas was being dealt with at the bus stand, Head Constable Rattan Singh along with other police officials was present at the bus stand, Amb.
They secured the presence of one Pradhan Subhas Chand and one Gurdas Ram and raided the house of the first respondent.
On search, they found 1 kilo 15 grams of Charas.
They took sample and divided the same into three parts.
One was given to the accused, another was sent to the Court and third one was sent to the Chemical Examiner for analysis.
On analysis, it was found that it was Charas.
Accordingly, charge sheet was filed to prosecute him under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for short the Act .
After companysidering the charge sheet, the learned Sessions Judge by his order dated 6 7 1987 discharged the respondent from the offence under Section 20.
1995 Supp 6 SCR 29 On revision, the High Court by the impugned order dated 4 6 1992 made in Criminal Revision
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1995_784.txt
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Appeal by special leave from the judgment and order dated August 3, 1960, of the Bombay High, Court in Cr. A. S. R. Chari, M. K. Ramamurthi, R. K. Garg, D. P. Singh, C. Aggarwal, L. M. Atmaram Bhukhanwala and K. R. Choudhri, for the appellant.
September 28.
In the year 1954 the appellant was appointed Resident Engineer for Light Houses and posted to Bombay.
The companyplainant, M. M. Patel who will hereafter be referred to as the companyplainant is a building companytractor.
That tender was accepted on June 30, 1956 and a work order was issued to him.
As a result, in December, 1956, the appellant had to bring the fact to the companyplainants numberice and warn him to carry out the work according to the specification companytained in the numberice inviting tenders.
Bhatia made a companyplaint to the appellant on April 2, 1957, that the companyplainant was number carrying on his work satisfactorily and was number affording facilities to him for supervising the work.
On April 6, 1957, an Assistant Engineer attached to the appellants charge inspected the work and found faults with it.
On April 7, 1957, the companyplainant and some of his workmen assaulted Bhatia about which the latter made a companyplaint in writing to the appellant.
On April 9, 1957, the appellant wrote to Bhatia asking him to give instructions in writing to the companyplainant, instead of giving mere oral instructions.
On May 13, 1957, the appellant reported to the Director General of light Houses that the companyplainants work was bad and number according to specifications.
On May 28, 1957, he presented a second running bill for Rs.
On August 1, 1957, the Director General of Light Houses instructed the appellant number to make any payment to the companyplainant.
L. Anand, D. R. Prem, R. H. Dhebar and R. N. Sachthey, for the respondent.
It was proposed to reconstruct a light house at Tolkeshwar Point which is situated on the West Coast, somewhere between Ratnagiri and Karwar The general companyditions governing the companytract.
are companytained in the set of papers inviting tenders.
a cheque for Rs. 7,278 odd was given to the companyplainant on his first running bill.
This companyplaint was eventually forwarded to the higher authorities who reprimanded the companyplainant and required him to give an undertaking to behave properly.
He likewise wrote to the companyplainant asking him to carry on the work according to the instructions of Bhatia and also under take number to use force.
He, therefore, suggested that the companyplainant should be required to pull down the companystructions which were number according to the specifi cations.
The companyplainant protested against this.
38,000 odd and though apparently a cheque was prepared it was number handed over to the companyplainant as the work was defective.
It would appear that after some companyresponding between the companyplainant and the higher authorities he eventually pulled down the structures which were number according to the specifications and re constructed them and was paid Rs.
27,569 odd.
Further payments of Rs.
35,000 odd, Rs. 7,000 odd, Rs. 21,000 odd, Rs. 6,200 odd, Rs. 9,190 odd, Rs.
300/ to Rs.
Jaikishen, however, did number pay the money on the pretext that he had numberfunds with him.
This was extra work and the companyplainant declined to do it.
It is said that he was also asked to repair the temple and dharmshala and he refused to do that work also.
During this visit he received a letter from D. S. Apte, D. W. 2 who used to look after the temple.
According to the appellant, it is in pursuance of this request that he suggested to the companyplainant to do some work free for the temple.
Thus in addition to using the water from the temple.
He admitted that this was extra work but he said that the companyplainant was required under the companytract to do the extra work though of companyrse he would have been entitled to separate payment with respect to it.
32,200 odd on account of the tenth running bill had been prepared and he, therefore, asked for payment of the bill also but the officer in charge did number hand over either of the cheques to him.
Thereafter the companyplainant went to the anti corruption department and lodged a companyplaint.
It would appear that the overseer supervising the work was number satisfied with the manner in which the companytractor was carrying on the work.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 218 of 1960.
No. 282 of 1960.
The judgment of the Court was delivered by MUDHOLKAR, J. In this appeal by special leave from the judgment of the High Court of Bombay affirming the companyviction and sentences passed on the appellant in respect of offences under s. 161, Indian Penal Code and s. 5 1 d of the Prevention of Corruption Act, 1947 2 of 1947 read with s. 5 2 thereof, the only point urged is that the presumption raised against the appellant under s. 4 of the Prevention of Corruption Act must be held to have been rebutted by the explanation given by him inasmuch as that explanation was both reasonable and probable.
He was due to retire in January, 1955 but he was given extensions from time to time.
The companyplainant submitted a tender for the companystruction on March 21, 1956.
The companyplainant companymenced the work in November, 1956.
On March 26, 1957 one Bhatia was posted as Overseer there and though on March 30, 1957.
That was on February 6, 1958.
It was for this reason alone that he had asked the companyplainant to see him in Bombay on March 26, 1959.
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1962_149.txt
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In the meantime, as the lessee failed to pay the amount which he was liable to pay under the agreement of lease entered into by him with the State of Madhya Pradesh, a fresh auction was held in respect of the same area for which the original lessee had given his bid.
alleging that the State has suffered a loss due to the breach of agreement companymitted by the lessee.
The deceased lessee challenged the recovery proceedings by way of a writ petition in the High Court of Madhya Pradesh at Jabalpur.
Hence this appeal by the legal representative of the deceased lessee by special leave.
Thereafter, the Collector directed the recovery of Rs.
A. Desai, J. One Masum Hussain since deceased was the successful bidder at a public auction for a Stone Quarry licence held on January 8, 1975.
His bid at Rs. 11,500/ per annum for a period of three years 1975 to 1978 was accepted by the Director of Geology and Mining, Madhya Pradesh.
He executed an agreement on April 18, 1976.
It appears that thereafter some dispute arose with regard to specifications of the area companyered by the mining lease and the matter was carried to the Commissioner who allowed the appeal of the lessee and gave certain directions.
The High Court did number accept the companytentions advanced on behalf of the petitioner and dismissed the petition in limine by a speaking order.
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1981_393.txt
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No. 1 of river Yamuna was auctioned by the Collector, Allahabad on November 13, 1981.
The period for which the mining lease was to be granted was one year and in the alternative for three years.
The State Government did number accept the bid.
The matter came to the Supreme Court and the companyrt gave a direction that the respondents might approach the Central Government in revision.
The respondents went before the Central Government in revision.
Meanwhile, as the litigation appeared to be prolonged, by way of an interim arrangement, the State Government directed an auction to be held for a period of one year only.
The one year is stated to have expired on September 30, 1982.
Apparently the sand year if such an expression may be used expires on September 30 every year.
On January 7, 1983, the Central Government passed orders in the revision petition filed by the fifth respondent.
The Central Government came to the companyclusion that the State Government did number appear to take a firm stand on the questions at issue.
The Central Government was of the view that there should be some finality attached to the terms and companyditions as well as the duration of the lease.
The Central Government thought that in the particular case the revision petitioner, who had in the interim period taken the lease for an amount of Rs. 3,10,000/ This was questioned by respondents 4 and 5 by way of a writ petition in the High Court of Allahabad.
They companytended that the lease ought to have been far a period of three years from May 18, 1983, the date of the grant of lease pursuant to the order of the Central Government.
The High Court of Allahabad accepted the companytentions of respondents 4 and 5 and allowed the writ petition.
The present appeals have been filed by the State Government and by Jalkishan Mallah Matseyajeev Saha kari Samiti, a companyperative society, who claims to be anxious to engage itself in the work of mining sand and who ought to implead itself as a party in the High Court offering to take the mining lease for Rs. 7 lakhs per year.
Shri Kacker, learned Counsel for the Mallah Matseyajeevi Sahakari Samiti and Shri Anil Dev Singh, learned companyncil for the State Government, argued before us that the High Court was wrong in its interpretation of the order of the Central Government.
All that the Central Government did was to direct the grant of lease for a period of three years instead of one year for which the petitioner had obtained an interim lease on the same terms as the respondents had obtained the interim lease for one year, that is, at the rate of Rs.
Chinnappa Reddy, J. The right to excavate sand from Zone Bidders were required to offer bids for grant of lease for both the periods in the alternative, The 4th and 5th respondents offered a bid of Rs. 1,10,000/ per year and were the highest bidders.
There was companysequent litigation.
Once again the 5th respondent was the highest bidder with a bid of Rs. 3,10,000/ .
He was granted a lease for one year.
This auction was held on March 8, 1982.
for one year, should be allowed to work the lease for three years instead of one year provided he agreed to work the lease for Rs. 3,10,000/ per year.
Pursuant to the order of the Central Government, the State Government by its order dated May 18, 1983 granted the lease for a period of three years 1981 82, 1982 83 and 1983 84.
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1986_18.txt
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He was found guilty of companymission of the said misconduct and was directed to be dismissed from service by an order dated 6.08.1994.
He raised an industrial dispute in relation to the said order of dismissal from service culminating in a reference being made by the Government of Karnataka to Labour Court, Gulbarga for resolution of the said dispute.
A preliminary issue was raised before the Labour Court and by a judgment and order dated 30.04.1996, it was found that the disciplinary proceedings held as against the Respondent was number fair and legal.
By an award dated 28.06.1996, it was held that the Respondent remained absent from 27.11.1990 to 02.12.1993 and, thus, companymitted a misconduct.
As numbericed hereinbefore, the writ appeal filed by the Appellant has been dismissed.
The Respondent was working as a companyductor.
He remained unauthorisedly absent from 27.11.1990 to 02.12.1990.
He did number report for duty with effect from 16.05.1992.
His leave records were seen and it was found that he had repeatedly remained unauthorisedly absent.
On the aforementioned charges, a departmental proceeding was initiated against him.
The parties thereafter adduced their respective evidence before the Labour Court.
It was, however, opined In a numbermal companyrse the reasonable punishment would be to disallow the back wages and companytinuity of service from the date of dismissal to till the date of reinstatement.
Arising out of S.L.P. Civil No.9644 of 2005 B. SINHA, J Leave granted.
This appeal is directed against a judgment and order dated 2.03.2005 passed by the Karnataka High Court in Writ Appeal No. 3976 of 2002 whereby and whereunder the writ appeal filed by the Appellant herein from a judgment and order dated 11.06.2002 passed by a learned Single Judge of the said High Court in W.P. No. 25259 of 1999 was dismissed.
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2006_278.txt
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Sathasivam,J. The only question raised in this writ petition, filed under Article 32 of the Constitution of India, is as to whether FIR No.
The petitioner had also served as a Member of Parliament many a time both as a Member of Lok Sabha and Rajya Sabha and had also served as a Member of Legislative Assembly and Legislative Council of the State of U.P. This Court, by order dated 16.07.2003 in I.A. No. 13381 of 1984 titled M.C. Mehta vs. Union of India Ors. directed the CBI to companyduct an inquiry on the basis of an I.A. filed in the aforesaid writ petition alleging various irregularities companymitted by the officers persons in the Taj Heritage Corridor Project and to submit a Preliminary Report.
The CBI Respondent No.
However, this Court, by order dated 06.08.2007, dismissed the same as withdrawn.
Even thereafter, the petitioner has made several representations to the Director, CBI to drop the investigation on the basis of the aforesaid FIR.
Stand of the CBI Respondent No.2 Pursuant to the numberice issued on 15.05.2008, the CBI Respondent No.2 herein has filed its companynter affidavit wherein it was stated that in the order dated 18.09.2003 of this Court, there was a clear direction to register an FIR for investigating into disproportionate assets of the petitioner on the ground that in the said order it was mentioned that apart from what has been stated in the reports with regard to the assets, the learned ASG Mr. Altaf Ahmad has submitted that further inquiry investigation is necessary by the CBI.
Case of the intervenor During the pendency of this writ petition, which was filed in 2008, one Mr. Kamlesh Verma has filed I.A. No.
No. 19 only on the ground that there was numbersuch direction in the order dated 18.09.2003 passed by this Court.
The said FIR as well as the companynter affidavit filed by the CBI states that the FIR has been filed as per the directions companytained in the order dated 18.09.2003.
While companysidering the directions issued in the order dated 18.09.2003, it is incumbent to refer the orders dated 16.07.2003, 21.08.2003 and 11.09.2003.
Earlier also, the petitioner had been the Chief Minister of U.P. for three times.
17 crores which was alleged to have been released without proper sanction for the said Project.
However, the CBI is bent upon harassing the petitioner.
The said I.A. was resisted by the petitioner by pointing out that in the present writ petition the petitioner seeks quashing of the second FIR i.e. R.C. The intervention application is therefore, misconceived.
In the light of the above pleadings of the parties, we heard Mr. Harish Salve, learned senior companynsel for the petitioner, Mr. Mohan Parasaran, learned Additional Solicitor General for the Union of India and CBI and Ms. Kamini Jaiswal, learned companynsel for the intervener.
R.C. 0062003A0019 dated 05.10.2003 lodged under Section 13 2 read with Section 13 1 e of the Prevention of Corruption Act, 1988 hereinafter referred to as the PC Act against the petitioner herein to investigate into the matter of alleged disproportionate assets is beyond the scope of the directions passed by this Court in the order dated 18.09.2003 in I.A. At present, the petitioner is the President of a National Political Party called as Bahujan Samaj Party BSP , which is one of the six National Parties recognized by the Election Commission of India.
Hence, she approached this Court by filing the present writ petition.
In the said application, the intervener has also highlighted various earlier orders of this Court.
This Court also directed the CBI to submit Preliminary report within four weeks and final report within two months from 16.07.2003.
In the next order dated 21.08.2003, M.C Mehta vs. Union of India, 2003 8 SCC 711, this Court, after going through the Preliminary Confidential Report submitted by the CBI, directed the higher officer of CBI to interrogate four, five or six more persons who are involved in the decision making of granting companytract for companystruction of the Taj Heritage Corridor.
In the same order, this Court observed that it would be open to the CBI officer to interrogate and verify their assets because it was alleged that Rs.
A perusal of the same shows that the Assistant Registrar of this Court has been described as the Complainant.
No. 376 of 2003 in W.P. C No. 13381 of 1984 titled M.C. Mehta vs. Union of India and Others, 2003 8 SCC 696? The case of the petitioner as stated in the writ petition, is summarized hereunder On the date of filing of this writ petition before this Court, the petitioner was the Chief Minister of U.P. The petitioner is a law graduate and had been a teacher from 1977 to 1984.
No. 387 of 2003 in Writ Petition C The order of the Governor was also challenged before this Court in Writ Petition Civil No. 434 of 2007.
Further case of the petitioner A rejoinder affidavit, supplementary affidavit and supplementary companynter affidavits have also been filed wherein subsequent developments which took place during the pendency of the writ petition, especially, passing of various orders by the Income Tax Authorities, Income Tax Appellate Tribunal and the Delhi High Court in favour of the petitioner for different assessment years have been mentioned holding that all income shown in her accounts in the form of gift or otherwise are genuine and legal, companyering from 1995 to 2004 of which period the assessments were reopened, investigated and reassessed.
No. 8 of 2010 claiming that he is a social worker and petitioner in Writ Petition
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2012_260.txt
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p. mohanty and s. k. sabharwal for the appellant.
criminal appellate jurisdiction.
430 828 and 429/73.
n. poddar for the respondent.
for this purpose we had directed that a report be called for from the probation officer having jurisdiction.
f the order of the companyrt was delivered by krishna iyer j. in this case the question of dealing with the appellant under s. 360 cr.p.c.
criminal appeal number.
291292 of 1980.
appeals by special leave from the judgment and order dated the 10th of february 1977 of the punjab and haryana high companyrt in criminal appeal number.
remains to be considered.
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1980_376.txt
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In August 1988 the respondent filed Writ Petition No. 6036 of 1988 challenging the order of suspension dated 4 6 1988 before the High Court.
The respondent was holding the post of Clerk cum Cashier in the petitioner Bank at the material time.
The criminal prosecution is still pending.
On 4 6 1988 the petitioner Bank suspended the respondent in view of his detention for an offence under Section 304 of the Indian Penal Code.
On 27 4 1988 an FIR was lodged against the respondent in companynection with an alleged criminal offence under Section 304 of the Indian Penal Code and the case was registered against the respondent.
Hence the present appeal is filed by the appellant Bank.
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1997_903.txt
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for the Appellant.
This recommendation of the Group was broadly accepted by the Government and SSP was brought under Statutory Price Control w.e.f.
While accepting the recommendation of the Group, however, the Government made some changes in it.
The new method of payment of subsidy and formula of working out the ex factory price as suggested by the Group and modified by the Government came into effect on 23rd May.
Sub Single Super Phosphate Retention Ex factory Price in respect of Dear Sir, Consequent upon issue of Government of India, Ministry of Agriculture, Deptt.
of Agriculture Cooperation, telegram No. 1 9/82 F.A. CP dated 22nd May, 1982 fixing a uniform retail price of Single Super Phosphate with effect from 23rd May, 1982, it has become necessary to replace the scheme for payment of uniform flat subsidy of Rs.
Along with the Circular letter, as stated in its body, pro formae were circulated for companylecting information of various elements companytributing to the variable and fixed companyts.
It may be stated here that admittedly those manufacturing units which had a captive Sulphuric Acid plant companyld produce Sulphuric Acid at lesser companyt and others had to procure it at a higher price from market.
The respondent Company, however, was number satisfied with the method of calculating the subsidy and insisted that while working out the subsidy the Government was obliged to take into companysideration the landed companyts of Sulphuric Acid at its factory as revealed in the companyt data submitted by it.
It worked out the subsidy on the said basis at Rs.
1,12,58,449 as arrears of subsidy from the date it companymenced production and filed a writ petition before the High Court for recovery of the said amount.
Ramaswamy, Attorney General, V.C. Mahajan, Hemant Sharma, Mrs. Indra Sawhney, Sudhir Walia, C.V. Subba Rao and Ms. Sushma Suri Advs.
Ashok Bhan, Harish Salve, Yunus Malik, L.R. Singh, ND.
Raju, Vikas Singh and Gopal Singh for the Respondents.
Did the Circular letter represent to the manufacturers that they would be paid differential rate of subsidy based on the actual ex factory price of each of the manufacturing units or did it inform them that the subsidy would be based on the ex factory price of each of the units which would be worked out by the FICC? SSP was brought under Retention Price Control w.e.f.
23rd There are a number of units manufacturing SSP in the small and medium sectors.
Before 23rd may, 1982, viz., the date on which the SSP was brought under the Retention Price Control, every manufacturer of SSP, irrespective of the companyt of manufacture used to get the same subsidy at the above rate.
However, different retail prices were fixed for different manufacturers and for different marketing zones of the same manufacturer.
Under this formula the ex factory price for each manufacturing unit was fixed taking into account the prescribed fixed charges and variations in the price of raw materials and bags as companypared to the companyts of these materials provided for in the original formula.
The result was that there was numberuniformity in the price of SSP.
The Group recommended that the scheme of flat subsidy at the above rate be replaced by a scheme of differential level of subsidy for each manufacturer depending on the ex factory price and other expenses incurred by each manufacturer as fixed according to the formula guidelines recommended by the Working Group.
The Group came to the companyclusion that a system of Retention Price of SSP similar to the one existing for Nitrogenous and Complex Fertilizers was number expedient.
While variable companyts, which companystituted about 80 percent of the total companyt of SSP, were susceptible of determination on a numbermative approach and without difficulty, the detailed companyting of a fixed companyt element under each unit was number a practical proposition.
This was so mainly because of the existence of a large number of units manufacturing SSP which were also multi product multi activity units.
It is necessary to quote the circular letter verbatim To All manufacturers of Single Super Phosphate.
1,250 per MT of p2 05 by a scheme for payment of differential rate of subsidy based on the ex factory price worked out separately for each manufacturing unit.
CIVIL APPELLATE JURISDICTION Civil Appeal No.585 of 1992.
From the Judgment and Order dated 25.6.1991 of the Patna High Court in Civil Writ Jurisdiction Case No. 92 of 1990 R .
The Judgment of the Court was delivered by SAWANT, J. The question involved in the present appeal is of the interpretation of Circular letter dated 19th June, 1982 issued by the Fertilizer Industry Coordination Committee, Government of India Department of Chemicals Fertilizers FICC to all manufacturers of Single Super Phosphate.
May, 1982.
In order to boost up the companysumption of phosphatic fertilizer, FICC had in March, 1976 issued a scheme of flat subsidy of Rs. 1250 per tonne of p 205 equivalent of Rs. 200 per tonne of SSP.
The benefit of this subsidy was passed on the farmers by lowering suitably the prevailing price of phosphatic Sulphur.
The retail prices were fixed from time to time by the Fertilizers Association of India in accordance with the formula laid down by the Ministry of Agriculture in May 1966.
The Working Group on Review of Subsidy on SSP examined all these aspects and gave a report in 1980.
The Group, therefore, suggested a formula for determining the variable companyts to which were to be added the fixed companyts suggested by the Group in order to arrive at the ex factory price of each manufacturing unit.
Pursuant to the introduction of the new method of payment of the subsidy the circular letter in question, viz., that of 19th June, 1982 was addressed by the Government to all manufacturers of SSP.
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1992_362.txt
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Respondent number2, Manisha Poddar filed a companyplaint on 08.07.2007 before the Chief Judicial Magistrate, Ranchi under sections 498 A, 406, 341, 323 and 120 B of the Indian Penal Code read with sections 3 and 4 of the Dowry Prohibition Act against all immediate relations of her husband, namely, Pyarelal Poddar father in law , Kamal Poddar husband , Sushila Devi mother in law , Gaurav Poddar unmarried brother in law and Preeti Gupta Preeti Agrawal married sister in law .
After staying there for a week, she returned to Mumbai on 24.03.2007.
The companyplaint was transferred to the companyrt of the Judicial Magistrate, Ranchi.
The appellants are aggrieved by the said summoning order.
In the criminal companyplaint, it was alleged that a luxury car was demanded by all the accused named in the companyplaint.
It was also alleged that respondent number2 was physically assaulted at Mumbai.
According to the said allegations of the companyplainant, it appears that the alleged incidents had taken place either at Kanpur or Mumbai.
Immediately after the marriage, the companyplainant who is respondent number2 in this appeal left for Mumbai along with her husband Kamal Poddar who was working with the Tata Consultancy Services for short TCS and was permanently residing at Mumbai.
Statements of Respondent number2 and other witnesses were recorded and on 10.10.2008 the Judicial Magistrate took companynizance and passed the summoning order of the appellants.
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2010_517.txt
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NAGESWARA RAO, J. The State of Bihar has filed the above Appeal questioning the judgment of the High Court of Judicature at Patna by which the order of dismissal of the Respondent dated 10.12.2014 was set aside.
Jitendra Rajak filed a companyplaint against the Respondent to the Vigilance Bureau of Investigation, Patna alleging demand of illegal gratification.
4 Page The Respondent was dismissed from service by an order dated 10.12.2014.
She challenged the order of dismissal by filing a Writ Petition in the High Court, which was allowed by a judgment dated 12.12.2017.
The Respondent was appointed as a Child Development Officer on 29.06.2011.
The Vigilance Bureau companyducted a raid and the Respondent was caught red handed while accepting an amount of Rs.40,000/ .
A First Information Report FIR was registered against the Respondent on 17.08.2013.
Simultaneously, disciplinary proceedings were companymenced against the Respondent on 12.11.2013 and she was placed under suspension.
Sevika came late.
Sevika told that she had taken leave on that day from the woman Supervisor, which information came to be wrong.
The Helper was found to be absent.
Kitchen was found to be closed since 02.10.2011.
Maternity beneficiary informed that she gets 04 kg rice and 01 kg pulse on THR day.
The findings of the Inquiry Officer are that a general meeting was companyvened on 24.06.2013 to decide the vacancies for the position of Child Development Officer Sevika in Anganwari Centre No.27 Ward No.03 Panchayat Mahuli of the Child Development Project, Patna.
Suman Kumar, the wife 3 Page of the companyplainant.
The Respondent was also present in the general meeting.
Suman obtained 62.4 per cent marks.
As per the companyplaint, the Respondent demanded a sum of Rs.1,50,000/ for the appointment of the companyplainants wife, Smt.
Suman Kumar.
The amount was then reduced to Rs.50,000/ .
The companyplainant approached the Vigilance Bureau and a raid was companyducted on 17.08.2013 by laying a trap.
As per the directions of the Vigilance authorities, the companyplainant approached the Respondent who was standing in the verandah of her house.
The Respondent received the money and put the amount on the chair and began to shut the grill of her house, when she saw other persons of the raiding party.
The fingers of both the hands of the Respondent were washed in sodium carbonate solution and the companyor of the solution turned pink.
The charge of demanding and accepting illegal gratification was proved against her.
The other charges were also needed to be proved.
A learned Single Judge of the High Court disbelieved the version of the companyplainant as neither the companyplainant number his wife were examined in the disciplinary proceedings.
The learned Single Judge companycluded that the charge of demand and acceptance of the illegal gratification by the Respondent was number proved.
The Division Bench of the High Court affirmed the judgment of the learned Single Judge in the Writ Petition and dismissed the Appeal filed by the Appellant.
The Division Bench proceeded to examine the evidence and held that the charge of demand and acceptance of illegal gratification was number proved.
The submission of the Respondent that she was falsely implicated in a trap case was accepted by the Division Bench.
The criminal trial against the Respondent is still pending companysideration by a companypetent criminal Court.
The 5 Page order of dismissal from service of the Respondent was pursuant to a departmental inquiry held against her.
The Inquiry Officer examined the evidence and companycluded that the charge of demand and acceptance of illegal gratification by the Respondent was proved.
Sufficiency of evidence is number within the realm of judicial review.
The standard of proof as required in a criminal trial is number the same in a departmental inquiry.
The Inquiry Officer companycluded that there is sufficient evidence to hold that the Respondent is guilty of the first charge framed against her.
A resolution was passed to select Smt.
It is settled law that interference with the orders passed pursuant to a departmental inquiry can be only in case of numberevidence.
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2019_1199.txt
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With A. No.2684/2004, C.A. No.2682/2004, C.A. No.
Appeals were filed against those decisions also.
The appellant herein purchased an extent of land companyprising Killa No.172/9/1 2 17 , 10/1 1 8 in the revenue estate of village Murthal, Tehsil Sonepat adjoining the Grand Trunk Road G.T. Road as per sale deed dated 30.10.1986.
The appellant claimed that he companystructed what he calls a Dhaba in the land in the same year.
The numberice called upon the appellant to stop further companystruction and to remove the unauthorized companystruction and restore the land to its original companydition.
The appellant filed a reply dated 16.7.2002, to the show cause numberice claiming that the Dhaba had been companystructed outside 30 meters from the road reserve and even if a part of it fell within 30 meters, the dispute was pending before the tribunal created under the Development Act.
The authority, by order dated 23.7.2002, rejected the companytentions of the appellant and found that the provisions of the Development Act had been violated by the appellant.
The Director, Town and Country Planner Department, therefore, called upon the appellant to remove his unauthorized companystruction and restore the land to its original companydition.
The appellant filed an appeal before the Tribunal companystituted under the Development Act, 1963.
The appeals were heard together.
The land was agricultural land.
He has number given the details regarding the companystruction or the time of companystruction.
He did number seek any permission for putting the land to a use different from agriculture, or for putting up the companystruction.
On 8.7.2002, the District Town Planner, Sonepat, exercising the powers of the Director, Town and Country Planning, Haryana, issued a numberice to the appellant under Section 12 2 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 hereinafter referred to as the Development Act calling upon the appellant to stop further companystruction and to appear in his office and to show cause why he should number be ordered to restore the land to its original state, which was in the companytrolled area of Sonepat in terms of the Development Act.
The appellant was ready and willing to pay the companyversion charges, if any, under Section 7 of the Development Act.
On the argument based on the mandatory nature of the requirement under Section 4 2 of the Act, the High Court held that there was companypliance with the requirement and there was numbertime limit as such fixed for companypliance with the said requirement.
On facts, it also found that the purchases and companystructions were after the publications in the newspapers themselves.
Thus, the orders of the Original Authority as affirmed by the Tribunal were upheld.
Though various companytentions were raised in the petition for special leave to appeal in this Court, the main argument that was pressed before us was that the requirement of Section 4 2 was mandatory and so long as that mandate had number been companyplied with, the numberification of the declaration under Section 4 1 of the Act numberifying the areas as companytrolled areas remained incohate in spite of it being published in the Gazette and that any companystruction made in a so called companytrolled area companyld number be objected to, if the companystruction was prior to the date of publication of the numberification in two newspapers other than in English language.
The questions arising for decision being companymon, the decision in this appeal would govern the various cases heard along with it, in addition to the peculiar facts situation prevailing in some of them.
The said numberice brought to the numberice of the appellant that he was putting up the companystruction in a companytrolled area under the Development Act that he had laid out an access to the Grant Trunk Road G.T. Road in companytravention of Section 6 of the Development Act that he had also companytravened Sections 8 and 10 of the Development Act and that he had used the land in companytravention of Section 7 1 of the Development Act.
His substantive defence was that there was numbernotice of publication of the Development plan of companytrolled area till that date, in the official gazette, and he companyld number be found guilty of violation of Sections 4 and 5 of the Development Act.
The area had number been declared as companytrolled area under the Development Act.
He also raised a companytention that he was being treated with discrimination, since there were other companystructions belonging to the government and others in the locality, presumably violating the provisions of the Development Act and numbersteps were taken against those companystructions.
It also companysidered the scope of Sections 3, 4, 7, 8 and 12 of the Act in the light of the other relevant provisions and came to the companyclusion that on the companying into force of the Act on 30.11.1963, the restrictions imposed by Section 3 1 , Section 7 and Section 8 came into effect.
2696/2004, C.A. No.2686/2004, C.A. No.2681/2004, A. No.2695/2004, C.A. No.2670/2004, C.A. No.2688/2004, C.A. No.2679/2004, C.A. No.2698/2004, A. No.2697/2004, C.A. No.2693/2004, C.A. No.2690/2004, C.A. No.2678/2004, C.A. No.2683/2004, A. No.2689/2004, C.A. No.2694/2004, C.A. No.2699/2004, C.A. No.2685/2004, C.A. No.2680/2004, A. No.2692/2004, C.A. No.2687/2004, C.A. No.2711/2004, and C.A. No.2712/2004 K. BALASUBRAMANYAN, J. CIVIL APPEAL NO.2697 OF 2004 The petitioner in Civil Writ Petition No.2294 of 2003 on the file of the High Court of Punjab and Haryana is the appellant in this Appeal.
The Appeal challenges the decision of the High Court dismissing the writ petition.
Civil Writ Petition No.2294 of 2003 was heard along with a number of other writ petitions filed by persons similarly situated and was treated as the main case.
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2004_1050.txt
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In the said case I.As 7 and 9 were filed which were decided on 13.1.2005 as reported in Kapila Hingorani v. State of Bihar13.
The Court took numbere of the fact that in pursuance of the order dated 9.5.2003 it had directed to deposit Rs.50 crores and in furtherance of the said direction the State of Bihar had deposited a sum of Rs.50 crores and the High Court of judicature at Patna had companystituted a Committee headed by Justice Udai Sinha, former Judge of Patna High Court.
The stand of JHALCO in the said case, as has been numbericed by this Court, is as follows The State of Jharkhand has also been impleaded as a party herein and it has filed a companynter affidavit affirmed by one Shri Binod Kumar Verma, Managing Director, JHALCO, Ranchi wherein a companytention is raised that BHALCO is still under the companytrol of the State of Bihar.
No. 21 of 2007 was filed which was decided on 8.7.2008 vide Kapila Hingorani and another v. State of Bihar and another14, wherein the principal relief sought was for issue of a direction to the respondent State JHALCO to immediately companyply with the order dated 13.1.2005 and pass the order of absorption in JHALCO with respect to 213 employees listed in the letters issued by MD, JHALCO on various dates annexed to the IA , pursuant to the order dated 13.1.2005 leaving the employees who have died.
Be it numbered, two review applications that had been filed by BHALCO having been rejected it has preferred two appeals, by special leave, assailing the said orders of rejection.
From the report of the Committee which was placed before the Court it appeared that a sum of Rs.25,98,65,883.00 had been recommended for payment to the employees of most of the undertakings.
While dealing with JHALCO and BHALCO the Court addressed I.A. In the said writ petition I.A. While dealing with the prayer the Court adverted to the history of the litigation, the further death that had occurred with the efflux of time as the employees had companymitted suicide due to starvation and thereafter proceeded to dwell upon various facets.
The aforesaid judgment and order by the Division Bench has been assailed by the State of Jharkhand, State of Bihar, JHALCO and BHALCO.
No. 7 of 2004 and took numbere of the respective affidavits.
It has further been affirmed that instead and in place of BHALCO, a new companyporation known as JHALCO had been incorporated and registered with the Registrar of Companies, Jharkhand on or about 22 3 2002.
Being dissatisfied with the aforesaid judgment and order the State of Jharkhand and its functionaries preferred LPA number 77 of 2009 and JHALCO preferred LPA No. 79 of 2009.
Eventually, the Managing Director of JHALCO passed an office order on 17.4.2004 in respect of one of the employees of BHALCO which has been brought on record as a sample order.
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2013_644.txt
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V. Raveendran, J. Leave granted.
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2010_273.txt
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The Board is vested with the statutory duty of companyducting companymon entrance test for selecting meritorious candidates for admission to the various professional companyrses in the State of Jammu Kashmir.
In the academic year 2010, 249 seats for MBBS companyrses in various Government Medical Colleges of Jammu Kashmir State had to be filled up.
Appellant was also subjected to that selection process initiated by the Board.
Details of candidates who had secured more marks than the appellant are given below No.
Roll No.
One Azhar Navid, a male candidate, who had secured 146 marks, much more than the female candidates, filed a writ petition No. OWP Since numberdecision was taken on that representation, appellant filed OWP The Board, aggrieved by the judgment of the learned single Judge, filed an appeal LPAOW No. 29 of 2012, before the Division Bench of the High Court.
Appeal was allowed by the Division Bench taking the view that since the merit was the guiding criterion for making for selection to the professional companyrses, more particularly for MBBS companyrse, a duty was cast on the Board to allot that seat to Nusrat Rashid on the basis of superior merit.
Shri Bhim Singh, learned senior companynsel appearing for the appellant, submitted that it was the appellant and appellant alone who had submitted a representation before the Board raising claim over that unfilled seat of the year 2010, after the dismissal of writ petition No.
No. 806 of 2010 filed by Azhar Navid.
Further, few female candidates who had secured more marks than appellant had to companytend with BDS seats.
If that 2010 unfilled MBBS seat is offered to the appellant in the year 2012, that will be a great injustice to candidates who were ranked above the appellant.
The Board initiated steps for making selection for the meritorious candidates against the above mentioned seats.
In terms of Section 9 of the Jammu Kashmir Reservation Act, 2004, 50 of the total number of seats had to be filled up from amongst female candidates in both open merit and reserved category.
The Scheduled Tribe Gujjar Bakerwal for short STGB category was allotted 15 seats.
Out of 15 seats allotted to STGB category, 7 seats each were allotted to male and female candidates respectively.
She was also in the merit under STGB category, but lower in merit.
that there companyld be numberdiscrimination between male and female candidates.
In that writ petition, beside one Rehana Bashir, Nusrat Rashid who had secured 121 marks, was also impleaded as a party.
The Court also took the view that an unfilled seat of one academic year companyld number be filled up after the cut off date or directed to be filled up in the next academic year.
are being made by the Jammu Kashmir Board of Professional Entrance Examination for short Board , which was companystituted under the J K Board of Professional Entrance Examination Act 2002.
The Board had taken a decision that the 15th odd seat in the year 2010 was to be allotted to a female candidate by way of rotation as prior to that, that seat was allotted to a male candidate.
Name of the Sex Category Mark Rank Candidate 1 312173 Nusrat Rashid F STGB 121 1817 2 301491 Mehrul Nisa F STGB 118 2081 3 302510 Farah Chowan F STGB 118 2200 4 302178 Abida Parveen F STGB 117 2208 All the above mentioned candidates were female candidates and, as per merit, the first female candidate Nusrat Rashid should have got that 15th odd seat.
No. 806 of 2010 before the Jammu Kashmir High Court raising a claim over that seat stating All of them had claimed that seat in MBBS companyrse under the STGB category in the year 2010.
The Court vide its order dated 4.8.2010 restrained the Board from taking any decision regarding the selection against that seat under the STGB category till 18th August, 2010.
Writ petition was however dismissed by the Court on 8.7.2011 since Azhar Navid, the petitioner therein by the time got admission in the subsequent selection process.
Therefore, that 15th odd seat which arose in the year 2010 remained unfilled.
Appellant though lower in marks than the candidates mentioned in the above chart submitted a representation in the year 2011 before the Board seeking admission in that seat which fell vacant in the year 2010 under the STGB category.
No. 1010 of 2011 on 25.7.2011 seeking a direction to the Board to offer that seat to her.
Writ petition came up for hearing before a learned single Judge of the High Court on 19.3.2012, and the Court allowed the same holding that the appellant was entitled to get admission to that unfilled MBBS of the year 2010.
Learned single Judge also gave a direction to the Board to seek extension of the time schedule, laid down in Mridul Dhar Minor and Another v. Union of India and Others 2005 2 SCC Learned single Judge further directed that in the event time schedule was number extended, the appellant should be granted admission for the MBBS companyrse in the year 2012.
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2012_696.txt
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The aforesaid respondent filed a suit for injunction before the second Munsif, Alipore Court to restrain his landlord from making any companystruction on the premises in question.
The appellant herein purchased the premises from the former landlord of Respondent No.1.
The case of the appellant is that the companysent 3/ 3 terms were drawn up on 29.12.1997 which was signed by the parties including Respondent No.1 on the basis of which a prayer was made for passing a companysent decree.
According to the appellant the Respondent No.1 vacated the premises in terms of the settlement reached between the parties.
On 11th February, 1998 Respondent No.1 herein filed an application before the learned Single Judge who had passed the decree praying for recalling of the order decreeing the suit on the basis of the companysent terms, alleging that the companysent of Respondent No.1 had been obtained under duress and companyrcion.
After rejection of the application for recalling the Order dated 12.1.1998, Respondent No.1 for the first time filed an appeal against the companysent decree dated 12.1.1998 on 19.8.1998, i.e. after about seven months.
The appellant herein was aggrieved by this order and filed a special leave petition before this Court which was disposed of by this Court by Order dated November 20, 2001 directing the High Court to companysider the question of companydonation of delay and maintainability of the appeal first, before companysidering the merit of the appeal.
However, the High Court by Judgment and Order dated 16.8.2002 decided the appeal on merit.
According to the appellant the companysent terms were settled on 5/ 5 29.12.1997 and 15 cheques of Rs.50,000/ each were handed over to Respondent No.1 on that day.
He claimed to be a monthly tenant of the aforesaid premises paying a rent of Rs.200/ per month.
The landlord disputed the tenancy claimed by the respondent herein and in the written statement a companynter claim was made for recovery of possession from him.
No doubt it was accompanied by an application for companydonation 4/ 4 of delay.
During the pendency of the appeal, the High Court appointed a Receiver namely Mr. Basudeo Banerjee.
This judgment and order dated 16th August, 2002 is the subject matter of challenge before us.
The pay orders were deposited and encashed.
For that reliance is placed on a letter written by Respondent No.1 on 29.10.1997 to the police companyfirming the settlement and stating that he had vacated the premises.
Thus Respondent No.1 suffered a loss of about Rs.
50 lacs.
In view of the manner in which the demolition of the premises and eviction of Respondent No.1 was carried out, the Respondent No.1 felt so threatened by the anti social elements that he signed whatever papers were placed before him, and under duress and companyrcion he mechanically companysented to withdraw the suit on 12.1.1998.
It is admitted by Respondent No.1 that the terms of settlement were signed on 29.12.1997 under duress and companyrcion.
It was number signed with free will as it was under threat.
The companysent terms were finalised on 29.12.1997 which were signed by all the parties companycerned.
If the Respondent No.1 was forcibly evicted in an illegal manner on 24.12.1997, what steps did he take to report the matter to the higher authorities, companyplaining to them that he had been forcibly evicted and made to sign certain papers? Another circumstance which is also significant is that 15 cheques were given to Respondent No.1 totalling a sum of Rs.7.50 lacs on 29.12.1997.
He deposited all the cheques in his account for encashment and barring 5 cheques the rest were encashed.
Those 5 dishonoured cheques were substituted by pay orders issued by the Bank 13/ 13 which were deposited and encashed by Respondent No.1.
Thus all the cheques given to Respondent No.1 on 29.12.1997 were encashed by him.
ALONGWITH THE RECORD OF S.L.P. C NO.12016 OF 2002 P.SINGH,J. Application for companydonation of delay in filing additional documents is allowed.
In this appeal by special leave the appellants have impugned the judgment and order of 16th August, 2002 of the High Court of Judicature at Calcutta allowing the appeal of Respondent No.1 herein and setting aside the companysent decree passed by the learned Single Judge of the High Court dated 12.1.1998.
We may briefly refer to the 2/ 2 facts of the case so far as they are relevant for the disposal of this appeal The Respondent No.1 herein was running a factory in a part of the premises in question measuring about 1040 sq.
The suit was ultimately transferred to the High Court of Calcutta and was registered as E.O. Suit No.11 of 1996.
It is the case of the appellant that he entered into a companypromise with the companytesting respondent under which Respondent No.1 agreed to vacate the premises subject to fulfilment of certain terms and companyditions which included payment of Rs.7.50 lacs to him.
The companysent decree was passed on 12.1.1998.
The companysent allegedly given by Respondent No.1 was therefore, vitiated and the decree also stood vitiated by such reason.
Learned Judge by his Order dated 24th March, 1998 rejected the said application.
The High Court also passed an order to the effect that application for companydonation of delay in filing the appeal as well as the appeal be heard together.
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2005_117.txt
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The assessing authority, therefore, imposed a penalty of Rs 4000 upon the appellant.
The appellant preferred an appeal before the Deputy Commissioner of Sales Tax.
He also came to the companyclusion that the total tax that the appellant was liable to pay was Rs 13,44,682 out of which it had deposited Rs 7,71,892 with its return the sum of Rs 5,68,790 had number been paid.
The appellant moved the Board of Revenue.
The High Court had before it the following two questions, referred to it by the Board of Revenue, M.P. Whether the power to companyfirm, reduce, enhance or annul the penalty in appeal as provided under Section 38 5 of the State Act includes the power to impose penalty, where it has number been imposed by the assessing authority? The appellants return was delayed by two months and seven days.
He maintained the penalty of Rs 4000 imposed as aforesaid.
The Deputy Commissioner, therefore, issued to the appellant a numberice under Section 43 of the M.P. General Sales Tax Act, 1958.
The appellants objections were overruled and a penalty of Rs 1 lakh was imposed.
It relied upon Section 38 5 of the said Act companytending that the appellate authority companyld only enhance a penalty the assessing authority number having imposed the penalty in regard to the incorrectness of the return, numberpenalty in that behalf companyld be imposed by the Deputy Commissioner.
We are companycerned in this appeal with the assessment year ended 31 3 1968.
The Board rejected its companytention and made the above reference to the High Court.
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1998_51.txt
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Civil Appeal No.
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1995_10.txt
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appeals by special leave from the judgment and order dated april 13 1956 of the former nagpur high companyrt in misc.
march 6.
ing periods february 1 1945 to september 30 1945 and october 22 1945 to march 31 1946.
the facts may number be stated in 1945 the deputy companymissioner of buldana evolved a scheme for the distribution of cloth in his district and with the sanction of the government of c. p. appointed four persons viz.
two of them haji ahmed haji ali company and bhanji kuwarji carried on the business as from february 1 1945 to the end of september 1945 the profits of the business in proportion of the capital companytributed by these persons were distributed between these two persons.
after september 1945 there was a change in the group of importers and some others also joined the group and the profits of the subsequent period were similarly distributed between the members of the group as it was then companystituted in proportion to the capital companytributed by each of them.
n. rajagopal sastri and d. gupta for the appel.
m. thakar s. n. andley rameshwar nath p. l. vohra and j. b. dadachanji for the respondent.
the decision of the excess profits tax appeals is consequent upon the decision of the income tax appeals.
haji ahmed haji ali company bhanji kuwarji trimbaklal tribhovan das and deolal rangulal as sole agents for the import of cloth from mils in various places in india and for distribution of the same to retailers.
this was served on haji ahmed haji ali companybut that firm did number furnish any return contending that there was numberprivity of companytract among members of the group.
he assessed the respondent as an association of persons both for purposes of income tax and excess profits tax.
an application for making a reference to the high companyrt was dismissed by the tribunal but an order was obtained from the high companyrt under s. 66 2 of the act and four questions were.
ordered to be referred to the high companyrt.
the books relating to the business were maintained by haji ahmed haji ali company and every time there was a change in the companystituents of the group separate set of books was maintained by them and the profits from those enterprises were divided between the various persons who formed the group at the material times.
the judgment of the companyrt was delivered by kapur j. these are four appeals by the companymissioner of income tax in income tax reference made under s. 66 a 2 of the income tax act hereinafter termed the act .
a numberice was then issued under s. 22 4 of the act and on the production of the books the income tax officer ascertained the income for the year ending september 1945 and assessed liability for payment of income tax under s. 23 4 of the act.
an application under s. 27 of the income tax act was dismissed by the income tax officer.
civil appellate jurisdiction civil appeals number.
41 44 of 1960.
civil case number 27 of 1954.
the appeals relate to two income tax assessments and two excess profits tax assessments the former for the year 1946 47 and 1947 48 respectively companyresponding to the accounting years february 1 1945 to september 301945 and october 1 1945 to august 21 1946 the latter are in regard to chargeable account.
on march 12 1947 the income tax officer issued a numberice under s. 22 2 of the act to the respondent callinga upon it to submit a return of the income of the group for the assessment year 1946 47.
similarly for the year 1947 48 a numberice was again issued and served on haji ahmed haji ali company and similarly the group was assessed as an association of persons to income tax and it was also assessed to excess profits tax for the period october 22 1945 to march 31 1946 and an application under s. 27 of the income tax act was dismissed in regard to this period also.
appeals were taken against the orders of assessments of income tax and excess profits tax but they were dismissed by the appellate assistant companymissioner.
appeals were then taken to the income tax appellate tribunal but they also were dismissed by an order dated april 18 1950.
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1961_369.txt
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When they were near a milky bush, A 1, A 3, A 4 and A 5 emerged from behind the bush and A 2 and From the Judgment and Order dated June 8, 1981 of the Karnataka High Court in Crl.
PW 14 sent a wireless message to the police station and a case was registered and the FIR was issued.
The accused denied the offence and pleaded number guilty and stated that they were falsely implicated due to enmity.
The Judgment of the companyrt was delivered by JAYACHANDRA REDDY, J. Original accused 1 to 6 are the appellants.
They were tried for offences punishable under Sections 148 and 302/149 IPC and were companyvicted and sentenced to two years RI and life imprisonment respectively.
The appellants, the deceased one Basavannappa son of Channabasappa and the material witnesses belong to Village Aralikatti, District Dharwad.
PW 7 Shivanandappa is the younger brother of the deceased.
Their another younger brother used to look after the kirana shop situated in the village.
The family had also agricultural lands and a garden.
There were ill feelings between the accused persons and the deceased in view of the earlier instances.
A day prior to the present occurrence there was also an altercation between the deceased and A 6 in the house of PW 8 who was a Sub Postmaster in the said village.
The younger brother of the deceased used to wake up early, go to the garden land, take bath and then attend to the business in the shop.
Channabasappa and the deceased used to look after the agricultural establishments and they had a jeep also.
PW 1, Kariappa, a resident of the village at that time had gone to a tea shop.
The deceased asked PW 1 to accompany him to the garden land.
On the way they met Channabasappa and PW 7.
However, PW 1 and the deceased proceeded to the garden land and there they eased themselves.
After the supervision of the land, PW 1 and the deceased proceeded towards the village.
A 1, A 3 and A 5 had clubs, A 2 had an axe, A 4 had a sickle and A 6 had a chopper.
All of them surrounded the deceased and assaulted him.
PW 1 tried to intervene but he was threatened.
PW 1 ran up to the house of the deceased and informed Channabasappa and also PW 7 who was there.
At that time PWs 6 and 10 had gone to the house of PW 7 for some financial aid to spend for Nagapanchami festival the next day.
Hearing the cries of PW 1, PWs 6, 7 and 10 and others went to the spot which was number far away from the village and when they reached the spot, they saw that all the accused had surrounded the deceased who had fallen down and A 2 dealt a blow with an axe on the neck of the deceased.
On seeing the witnesses the accused ran away.
PW 7 brought his jeep and he along with PWs 1, 6 and 10 and others took the injured in the jeep and proceeded towards the Primary Health Unit.
On the way they had to pass in front of the Police Station Haunsbhavi.
There they found PW 14 Narayan Devi singh, PSI standing.
PW 14 stopped the jeep and saw the injured person who was unconscious.
He also accompanied them in the jeep to PW 2 Dr Sham, Assistant Medical Officer who after examination opined that the companydition of the injured was serious and that at that time he companyld give only some life saving medicines and he advised them to take the injured to the Cottage Hospital at Haveri.
PW 2 also accompanied them in the jeep.
On the way they also companysulted another Doctor at Byadagi who examined the deceased and pronounced him to be dead.
The body was kept in the mortuary.
Inquest was held and the dead body was sent for postmortem.
PW 3, the Medical Officer, who companyducted the post mortem, found a number of incised and lacerated injuries.
On internal examination he found that right occipital, parietal and temporal bones were fractured and occipital, parietal and temporal lobes of the brain were lacerated.
Thorax was also injured and he opined that the death was due to shock and hemorrhage as a result of tile multiple injuries.
The accused were arrested and after companypletion of tile investigation, the charge sheet was laid.
The prosecution relied on the evidence of the eyewitnesses PWs 1, 6, 7 and 10.
It is also his further submission that PW 1 who is one of the principal witnesses was cross examined by the prosecution and since he being the author of Ex.
P 1 and when his evidence becomes untrustworthy, the evidence of other witnesses cannot be relied upon.
It is also his submission that a specific overt act is attributed only to A 2 and in respect of others the allegation is omnibus.
The appeal preferred by them was dismissed by the High Court.
Hence the present appeal.
On July 28, 1979 just prior to 8 a.m. the deceased proceeded towards the garden land to see whether the pump was working properly.
A. No. 209 of 1980 A 6 came from another direction.
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1994_50.txt
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O R D E R CRIMINAL APPEAL NO.579 OF 2008 ARISING OUT OF SLP CRIMINAL NO.2054 OF 2007 Leave granted.
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2008_764.txt
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a minimum period of qualifying service was also provided for becoming eligible for pension.
On the basis of the aid Rule, the respondent was found ineligible for grant of grant of pension and accordingly numberpension was granted to him.
Heard the companynsel for both the parties.
Leave granted.
The respondent was a Commissioned Officer.
One of the features of these Rules was that full pre companymissioned service was to be taken into companynt for working out the qualifying service required for earning pensionary benefits.
This appeal is preferred against the judgment a Division Bench of the Calcutta High Court dismissing the writ appeal preferred by the appellants.
He retired on May 18, 1982.
About four years later, the Rules relating to qualifying service were changed with effect from January 1, 1986 based upon the recommendations of the fourth pay companymission.
In other words, whereas previously only 2/3rd of the pre companymissioned service was to be taken into companynt for determining the eligibility and the quantum of pension, the entire pre commissioned service companyld be taken into companynt as per the Rules which came into force with effect from January 1, 1986.
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1996_2237.txt
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N. Srikrishna, J. This is an appeal by special leave against the judgment of the Guwahati High Court dated 25.8.1999 dismissing a review application taken out by the appellant.
The appellant is a partnership firm, which owns a tea estate known as Rajabari Tea Estate situated in the District of Golaghat, Assam.
The tea estate owned by the appellant was about 1800 bighas 1 bigha is approximately 14,400 sq.
A large portion of the tea estate was intended to be acquired by the Government of Assam for the companystruction of the an oil refinery.
On 17th August 1992, the State Government sent a proposal to the Collector, Golaghat for the acquisition of the required area of land for the companystruction of the Numaligarh Oil Refinery.
Since the requirement was urgent, the State Government proposed the acquisition under Section 17 3 A of the Land Acquisition Act, 1894.
On 20 th August 1992, the Deputy Commissioner, Golaghat sent a proposal for acquisition of 751.30 acres of Government land and Patta land for the Numaligarh Oil Refinery Plant site.
He requested the Government to approve of the uniform bigha rate of Rs.
55,000/ irrespective of class, for both Government and patta land.
By the letter dated 10 th September 1992, the Addl.
Secretary to the State Government companyveyed the approval of the Government for the proposal for the fixation of uniform rate of Rs. 55,000/ per bigha for both sarkari and patta land proposed to be acquired for the oil refinery.
By a letter dated 7.8.1992, the Deputy Commissioner, Golaghat made a preliminary estimate of the amount of Rs.
On 25th February 1993, a meeting was held with the Chief Minister, the Revenue Minister and top officials of the State Government including the Chief Secretary and Secretaries of other companycerned Departments.
In respect of Government land, it was decided that the premium would be fixed at Rs.
While the State Government had decided that it would go up to Rs.
55,000/ per bigha for patta land and Rs.
Its business companysists of running the tea estate and the production and sale of tea.
feet or about 1/3rd of an acre and employed about 170 workmen and other staff required for the management of the estate.
It also had a tea manufacturing establishment on its premises.
The proposal was for acquisition of 681 bighas and 1 katha along with tea bushes, drainage system, garden, roads, sheds and the trees standing on the land.
5,96,42,853/ for payment as companypensation and requested that this amount be placed at the disposal of the Collector, Golaghat.
On 4th November 1992, a numberification under Section 4 of the Land Acquisition Act, 1894 was published in the Official Gazette.
The Chairman and managing Director IBP assisted by Senior Executives were also present.
In the meeting it was decided that for patta land the companypensation payable should number exceed Rs. 55,000/ per bigha all inclusive .
The Addl.
Secretary, Revenue and the Joint Secretary, Industries were authorised to make a field visit and discuss the matter with the Deputy Commissioner, Golaghat so as to make the taking over of the land expeditious and smooth.
It was decided that if this team arrived at a decision to pay Rs.
55,000/ per bigha , then the Deputy Commissioner would companyplete formal proceedings and the companypensation would be paid through the Deputy Commissioner.
35,000/ per bigha .
Certain other details of the transaction were also decided therein, which are number material at this stage.
The petitioner received, under protest, advance payment of 80 of the companypensation that was fixed and handed over possession of its land.
Being dissatisfied with the amount of companypensation, the petitioner sought a reference under Section 18 of the Land Acquisition Act, 1894.
75/ for each tea bush.
On 26.10.1999, the petitioner challenged the judgment of the High Court by another special leave petition in which leave has been granted.
The learned Addl.
The first thing that strikes us is that when the proposal of acquisition of land was mooted, the Deputy Commissioner himself was of the view that the companypensation payable should be at the rate of Rs. 55,000/ per bigha .
Ultimately, this companypensation would have to be paid by the beneficiary of the land acquisition, namely the oil refinery.
They are as under Highly developed companymercial places Rs. 2,00,000/ per bigha within numberified area Urban area the recognised towns Rs. 1,20,000/ per bigha within numberified area Semi urban area the area beyond the Rs. 1,20,000/ per bigha numberified area but within two miles radius of the town either revenue or municipal town Rural area viz.
paddy field and tea Rs. 60,000/ per bigha cultivation area Land unfit for cultivation viz.
rocky Rs. 40,000/ per bigha areas, sandy areas,jaldube areas etc.
As against this, the Collector was directed to fix the companypensation at the rate of Rs.
At the outset, by I.A. No. 3 of 2003, the respondents sought revocation of the special leave granted in the civil appeal on the ground that it is barred by res judicata or principles analogous thereto.
In case the negotiations companyld number arrive at Rs. 55,000/ per bigha all inclusive , then in that case the land acquisition proceedings would companytinue.
The petitioner filed First Appeal No. 27 of 1997 in the Guwahati High Court against the judgment of the District Judge.
The Numaligarh Oil Refinery and the Collector also filed appeals before the High Court challenging the decision of the district Judge vide First Appeal No. 32 of 1997 and First Appeal No. 33 of 1997.
No. 27 of 1997 and allowed the appeals of the Collector and the Numaligarh Oil Refinery.
On 8.3.1999, the petitioners special leave petitions being SLP C Nos. 18020 22 of 1998 were withdrawn.
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2004_88.txt
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The appellant is a member of the Delhi Hindustani Mercantile Association.
By a claim petition dated 11 8 1979, the appellant had claimed a sum of Rs 4,51,246.50 under various heads of accounts including companymission from the first respondent up to the period of 30 6 1979.
The claim related to transactions which took place between appellant and first respondent.
It also made a companynter claim against the appellant.
On 19 7 1983, by a reasoned award, he awarded a sum of Rs 1,97,891.81 in favour of the appellant against the first respondent.
Aggrieved by this award the first respondent preferred an appeal as per Rule 37 Regulation 7 of Delhi Hindustani Mercantile Association Rules and Regulations hereinafter referred to as the Rules .
By an order dated 24 2 1984, the Tribunal companyfirmed the award of the Arbitrator without assigning any reasons.
Against this order, the appellant preferred Suit No. 498 A/84 for making the award a rule of the companyrt.
The first respondent filed objections against the Award.
In turn, the first respondent was also a member of Delhi Hindustani Mercantile Association.
As per the rules of the association, the dispute was referred to an Arbitrator.
By an order dated 20 11 198 1, the learned Single Judge of Delhi High Court directed in terms of the companycession made on behalf of the Association and the sole Arbitrator, a reasoned award shall be passed by the Arbitrator.
The sole Arbitrator Mohan Lal entered upon the reference.
This amount was also to carry interest 18 per annum from the date of the award till the date of payment.
The appeal was heard by the Tribunal.
Inter alia, it was urged by it that the award was number a reasoned award.
on this award amount from this day to the date of making the whole payment by Respondent 1.
The award does number indicate as to how the Tribunal have arrived at the companyclusion.
The Judgment of the Court was delivered by MOHAN, J. The facts in brief leading to this civil appeal are as follows.
A learned Single Judge of the High Court of Delhi by an order dated 5 4 1990 allowed the objections and set aside the award of the Appellate Tribunal and remitted the award to Tribunal for reconsideration and for giving reasons for the Award within four months from the date of the judgment.
By order dated 20 11 1981, the said petition was dismissed with the following directions 1 1988 3 SCC 36 1988 3 SCR 426 In the circumstances, I would, therefore, dismiss the petition subject, however to the direction to the Arbitrator, in terms of the companycession made on behalf of the Association and the Arbitrator, that the Arbitrator would hear the matter after giving reasonabl opportunity to the petitioner of being heard, and to make a reasoned award on the companyclusion of the proceedings.
This Award fully companyforms to the order dated 20 11 1981 of the High Court made on companycession between the parties.
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1994_899.txt
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A. NO.
No. 256/78 dated 7th July, 1982 wherein the appellate Bench of the High Court reversed the judgment of the High Court delivered in the trial side in Suit No.
On 5.5.1955, the Insurance Co. in companysideration of the premium paid and to be paid, granted to the assured a policy bearing No. 97403 companymencing from 1.3.1955 and agreeing to pay to her assigns, executors, administrators, numberinees or other representatives in interest, the said sum on her death.
On 11.3.1968, the assured duly assigned the said policy absolutely in favour of the plaintiff and a numberice of the said assignment was given to the defendant appellant by a letter dated 11.3.1968 which was duly registered by the defendant appellant in its books.
By a letter dated 27.5.1965, the said assured Smt.
By a letter dated 23/28th June, 1965, the defendant intimated the assured that at the time of the said reply the said policy was protected under the automatic number forfeiture clause found in the insurance policy till May 23, 1969.
It was companytended by the plaintiff in the suit that the plaintiffs kept on assuring the assured that the policy was sufficiently protected under the said automatic number forfeiture clause.
Bhagwandei Rajgarhia died which fact was duly intimated by the plaintiffs to the defendant and a claim form to enable the plaintiffs to prefer a claim under the said policy was demanded by the plaintiffs.
By a letter dated 4.7.1970 the defendant sent a claim form to be submitted by the plaintiffs which form was duly submitted by the plaintiffs on 9.7.1970.
It was also averred in the plaint that by a letter dated 29.7.1970 the defendant had admitted the plaintiffs claim under the said policy and also acknowledged its liability in that regard.
Plaintiff in the suit are the assigns of the insurance policy issued by a General Insurance Company which is number merged with defendant viz.
Life Insurance Corporation of India.
On 7th April, 1955, one Smt.
Bhagwandei Rajgarhia submitted a proposal and declaration for insurance of her life with one Ruby General Insurance Company for a sum of Rs. 1,27,000/ which proposal was accepted by the Insurance Company.
The said assured, Smt.
Bhagwandei Rajgarhia on 11.5.1967 applied for a loan advance against the said policy to the tune of Rs.
12,510 which was sanctioned by the Insurance Company and a loan bond was executed by the assured.
Bhagwandei Rajgarhia sought companyfirmation from the defendant regarding the position of the said policy when the surrender value so proposed to be utilised was exhausted, so that she companyld keep the policy in force.
On 25.5.1970, the said assured Smt.
The defendant informed the plaintiffs that the policy in question was number in force on the date of death of the assured since the assured had number paid the premium due up to date and that the surrender value of the policy was number sufficient to companyer the total amount due from the assured.
As such, on the date of death of the assured, the policy stood companypletely lapsed.
The learned Single Judge trying the suit framed as many as 7 issued which are as follows Did the assured duly keep the policy alive and in force as alleged in paragraph 8 of the plaint? Was the statement prepared as mentioned in paragraph 32 of the plaint by mistake as alleged in paragraph 23 of the written statement ? If so, was the mistake detected as alleged in paragraph of the written statement ? Was the defendant number entitled to deduct the advance of Rs.
12,510 for the ascertainment of the surrender value as alleged in paragraph 35 of the plaint ? The learned trial Judge also came to the companyclusion that the terms and companyditions companytained in the loan bond did number become part of the terms and companyditions of the original insurance policy and that the letter dated 29.7.1970 admitting the claim of the plaintiffs was written under mistake and wrong calculations which was number in accordance with the various terms of the agreement, and after companysidering the various terms of the insurance policy and clauses of the loan bond, the claim of the plaintiffs was negatived by the learned trial Judge and the suit came to be dismissed.
By virtue of the provisions of the Life Insurance Corporation Act, 1956, the assets and liabilities of the Ruby Insurance Co. stood transferred to and vested in the Life Insurance Corporation of India w.e.f.
This finding was based on the fact that as the quarterly premium number having been paid in time on 1.6.1969 after deduction of the loan together with up to date interest and other charges, the balance of the amount was number sufficient to companyer in full the unpaid quarterly premium due on 1.6.1969.
3781/82 Santosh Hegde, J. In this appeal challenge is to the judgment of the Calcutta High Court made in C.A. In the meantime, it is to be numbered that the assured had paid premium up to 1967.
Was the surrender value of the said policy as on 13th January, 1968 more than sufficient to pay premium or premium under the policy since 1968 and upto 1st March, 1970 and interest thereon and interest on advance up to 25th May, 1970 as alleged in paragraph 26 of the plaint ? In ascertaining the net surrender value was on 1st June, 1969 was the defendant entitled to deduction of the indebtedness as alleged in paragraph 2 d of the written statement and was it sufficient to companyer in full the unpaid quarterly premium and was the net surrender value utilised to give companyer for a proportionate period and was the policy treated as lapsed with effect from 1st June, 1969 ?
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1999_88.txt
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The respondent was working as a Clerk in the Divisional Office of the appellant Sugar Mills which had several godowns in different places under the companytrol of the said Divisional Office.
The appellant Sugar Mills used to issue permit for supply of manure in bags to cane growers.
It is alleged that on 5.2.1976 while the workman was attending to work in the godown at Sathancheri, he made an illegal demand of additional sum of Rs.10/ purportedly as a donation for a temple festival stating that the said companylection was authorised by the higher ups in the Management.
The companyplainant cane grower had stated in his companyplaint that this is an illegal gratification which the workman was companylecting from the cane growers.
He had also alleged that the appellant had behaved in a rude manner with him by using insulting words when he met him on that day.
The companyplainant further stated that the workman was given defective manure bags and numberopportunity was being given to the cane growers to select their own bags.
Based on the above companyplaint, a departmental enquiry was instituted and the same was companyducted by the Labour Welfare Officer who on the basis of the evidence recorded by him found the workman guilty of alleged misconduct and recommended his dismissal.
The workman used to attend to the distribution of manure bags at two such godowns on different days of the week.
The disciplinary authority before passing the order based on the enquiry report, re appreciated the evidence recorded by the enquiry officer and came to the companyclusion that though the misconduct is proved a punishment of dismissal was too harsh and companyverted the same to one of discharge.
A labour dispute was raised by the workman which was referred to the Labour Court.
SANTOSH HEGDE, J. In this appeal the appellant is challenging an order made by the Division Bench of the High Court of Judicature at Madras which allowed a writ appeal filed by the respondent workman the workman reversing the order of the learned Single Judge of the same companyrt who in turn had set aside the award of reinstatement made by the Labour Court.
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2005_632.txt
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By the judgment of the trial companyrt the appellant and its functionaries were held to be liable to pay sum of Rs.1,00,000/ i.e. Rs.50,000/ for harassment of the plaintiff respondent number1 in this appeal and Rs.50,000/ for loss of his reputation.
Filtering out unnecessary details the background facts are as follows Respondent number1 was an employee of the appellant No.1 Board and disciplinary proceeding was initiated against him and a First Information Report in short the FIR was lodged against him and others per alleged misconduct and companymission of various offences.
Since numbercharge sheet was issued within a period of four months a writ petition was filed by the respondent No.1 for quashing departmental proceedings.
Accordingly the charge sheet was issued on 17.1.1986 companytaining 10 charges.
Since the said prayer was number accepted, another writ petition was filed on 13.9.1986 before the High Court.
By order dated 12th December, 1986, the respondent number1 was informed that his reply was found unsatisfactorily and it was decided to hold an enquiry.
Another writ petition was filed by the respondent No.1 for quashing the proceedings.
He submitted the report on June 8, 1987, with the finding that charges Nos.
However, the charges Nos. II, V and X were established while charge No.
Second show cause numberice was accordingly issued proposing several punishments.
A writ petition was filed challenging the enquiry proceeding, enquiry report and the second show cause numberice.
It was companytended that the findings recorded by the enquiry officer were perverse and numberreasonable person companyld have companye to such finding on the basis of materials on record.
The second show cause numberice betrays the companyplete number application of mind.
The stand of the present appellant opposing the writ petition was that all relevant documents have been produced.
Challenge in this Appeal is to the order passed by a Division Bench of the Calcutta High Court dismissing appellants appeal questioning companyrectness of the order passed by a learned 7th Assistant District Judge at Alipore, 24, Parganas South .
The High Court upheld the judgment and decree of the trial companyrt.
Initially, the respondent No.1 was placed under suspension for alleged acts of misconduct while functioning as the Superintending Engineer, pending investigation drawal and disposal of the disciplinary proceedings against him.
The writ petition was disposed of directing the Board to issue the charge sheet.
Respondent No.1 submitted his reply to the said charge sheet inter alia denying and disputing each and all of the charges leveled against him.
He prayed for permission to inspect certain documents and to take companyies thereof.
It was further directed that the enquiry should companymence after grant of proper opportunity to the respondent number1 in accordance with law.
It was, further directed that the enquiry should be companypleted as expeditiously as possible preferably within six months from the date of companymencement of the enquiry.
Subsequently enquiry officer was appointed and a presenting officer was also appointed.
However, the enquiry officer appointed originally was replaced because of respondent number1s allegations of bias.
It was clearly indicated therein that if there is default in companypleting the enquiry within the stipulated time, it would be presumed that the Board was number interested to proceed with the matter so far as the respondent number1 is companycerned, and the order of suspension would stand quashed.
On an application moved, the time for companypletion of the proceeding was extended by two months.
I, IV, VI, VII, VIII and IX were number established.
III was partially established.
The only ground taking during the hearing of the writ petition was that the respondent No.1 who was the writ petitioner had number been given reasonable opportunity of hearing and thus natural justice was denied to him.
Further he was number given access to several vital documents.
In any event the punishment proposed was disproportionate with the offence alleged to have been established in the enquiry.
Materials on record clearly established misconduct.
Therefore, grievances of the writ petitioner cannot be entertained.
The High Court after companysidering the rival stand and materials on record ultimately came to hold as follows To sum up the enquiry proceedings were vitiated because the petitioner was number given reasonable opportunity of being heard.
The petitioner was number given inspection of several vital documents which prejudiced his defence.
The findings of the Enquiry Officer were vitiated being perverse.
Arising out of SLP C No. 23556 of 2004 ARIJIT PASAYAT, J. Leave granted.
In the said writ petition order passed by the High Court was with to the effect that the enquiry should companytinue upon proper inspection being granted to all documents for which inspection had been offered, excepting three items.
Respondent No.1 companytinued to make grievance about denial of opportunity and on 10th September, 1986 purportedly written statement of defence in reply to the charge sheet was filed.
The High Court directed the appellant to companyplete the enquiry by 15th May, 1987.
The enquiry officer companycluded the proceeding on 1st June, 1987.
The writ petition was accordingly allowed and certain directions were given inter alia directing that the respondent No.1 was to be allowed to retire on 28th February, 1989 and all retrial benefits were to be paid to him within three months of the retirement.
The suspension order was issued on 30th July, 1985 and the petitioner had to move this Court twice, firstly for a direction upon the respondents to issue a charge sheet and secondly for companypletion of the proceedings within a reasonable time.
The charge sheet was only issued on January, 17, 1986 and the enquiry proceeding was companycluded on June 1987.
The report of the Enquiry officer was submitted on June 6, 1987 and thereafter the impugned second Show cause numberice was issued on June 19, 1987.
On the facts and in view of the findings as aforesaid the order of suspension cannot be sustained and shall stand revoked.
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2006_1039.txt
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Leave granted.
Heard learned companynsel for the parties.
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1997_464.txt
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Aggrieved by the judgment and decree dated 16.04.2007 passed by the Division Bench of the Patna High Court in LPA No. 58/1993, the defendant appellant preferred this appeal before this Court.
The plaintiff Respondent No.1 filed Title Suit No.12/3 of 1965/71 in the Court of Subordinate Judge, Siwan for declaration of title over the suit property.
So the properties were inherited by the plaintiff after Parbatias remarried.
The suit was companytested by the defendant appellant by filing written statement.
Defendant Nos.1 to 3 have filed a joint written statement.
He had also rendered all his accounts and the suit was brought surreptitiously without knowledge of the defendant No.12 and that defendant No.12 came to know about the suit then he filed this written statement.
The plaintiff was number born in Magh, 1252F, but the plaintiff was born in Falgun, 1947 and the plaintiff was number major at the time of filing of this suit.
The age of the plaintiff was number 20 years at the filing of this suit.
On the basis of the pleadings of the parties, the trial companyrt framed the following issues Whether the suit as framed is maintainable? Whether the plaintiff has cause of action for the suit? Whether the plaintiff has subsisting title over the suit land? Whether the plaintiff is entitled to recover possession from any of the defendants who is held to be in possession over the suit land? Whether the plaintiffs is entitled to demand account from Balkishun Mahato and also recovery of dues from Balkishun as claimed in the plaint? Whether the plaintiff is entitled to any relief or reliefs? Parbatia the suit is number barred by limitation and the plaintiff is entitled to half share in the suit property.
The plaintiff respondent then filed Letters Patent Appeal before the Patna High Court against the judgment of a learned Single Judge passed in appeal and the same was registered as LPA No.58/1993.
Hence this appeal by defendant Appellant.
Y.EQBAL,J. Leave granted.
By the impugned judgment, the Division Bench allowed the appeal holding that the plaintiff respondent became the absolute owner of the suit properties.
Sukai was never illiterate.
Defendant No.1 had given up possession of the properties of Sukai during the life time of Sukai.
Whether the suit is barred by law of limitation? Whether Sukai Mahato had made oral gift of 1B 14 dhurs in favour of Balkishun defendant No.1 and whether Balkishun remained in possession of that land and whether his title is perfected by adverse possession over that area? While deciding issue No.4 as to whether the plaintiff has subsisting title over the suit land, the trial companyrt after discussing the evidence proceeded to decide the legal issue and held that after remarriage Parbatia lost her title and interest in the estate of her previous husband but she companytinued in possession of the property even after remarriage hence her possession according to law companytinued to be that of trespasser.
While deciding issue Nos. 3 and 5 the trial companyrt held that since the suit was filed within 12 year from the date of death of Mst.
Curiously enough, while deciding issue No.6 regarding the validity of oral gift, the trial companyrt held that Bal Kishun being in possession of property allegedly under the oral gift, the plaintiff is number entitled to recover possession of the same.
Hence the suit was decreed in part.
The learned Single Judge companycurred the finding recorded by the trial companyrt and dismissed the appeal.
The Division Bench declared title and ownership of the plaintiff Respondent in respect of the entire suit properties left by Sukai.
Plaintiffs further case was that Bal Kishun Mahto who was Chachera uncle of Sukai Mahto was appointed guardian of Sukai Mahto by the order of district judge in the year 1930 to look after the person and properties of Sukai Mahto during his minority.
Aggrieved by the said judgment and part decree both parties preferred appeals before the High Court which were disposed of by a companymon judgment.
The Division Bench of the Patna High Court after elaborate discussion of the evidence and facts and also the law allowed the appeal and set aside the judgment and decree passed by the trial companyrt and the first appellate companyrt.
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2013_761.txt
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On March 31, 1999, one Ramniwas while going on a motorcycle dashed against the rear side of a truck that was headed in the same direction as the motorcycle.
Ramniwas died in the accident.
In companyrse of the proceedings, the appellants claimed numberfault companypensation under section 140 of the Motor Vehicles Act which was granted to them by the Tribunal and the companypensation amount was duly paid by the insurance companypany.
In the main proceeding, however, the Tribunal came to find and hold that insofar as the accident is companycerned there was numberlapse on the part of the driver of the truck number was it due to any mechanical fault in the truck.
The accident was caused due to the careless and negligent driving of the deceased himself.
On that finding, the Tribunal naturally rejected the claim of companypensation on the principle of fault.
But it did number stop there and went on to hold that the insurance companypany was entitled to the refund of the amount of numberfault companypensation along with interest 9 p.a.
An amount of Rs.50,000/ has been given to the applicants by The New India Assurance Co. Ltd. as an interim relief and The India Assurance Co. Ltd. will be entitled to have it back with 9 interest p.a.
Unfortunately, the High Court did number address the issue of numberfault companypensation and overlooked the direction of the Tribunal for refund of the amount of interim companypensation alongwith interest 9 p.a.
The claimants are number before this Court aggrieved by the direction to refund the amount of interim companypensation to the insurance companypany alongwith interest.
The High Court agreed with the Tribunals finding that the deceased alone was responsible for the accident and hence, the claimants were number entitled to any companypensation.
AFTAB ALAM,J. This is the claimants appeal from a motor accident claim case.
His heirs and legal representatives, the appellants before this Court, moved the MACT, Sojat, Branch Jaitaran, District Pali in MACT Case No.59 of 1999 against the owner of the truck and its insurer, the New India Assurance Company Ltd. for companypensation in terms of section 166 of the Motor Vehicles Act, 1988.
The claimants took the matter to the High Court in appeal Civil Miscellaneous Appeal No.323 of 2002 .
The High Court dismissed the appeal by judgment and order dated August 20, 2002.
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2010_555.txt
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From the Judgment and Order dated 1.11.1990 of the Bombay High Court in Chamber Summons No. 838 of 1990 in Execution Application Arun Jaitley, R.F. Nariman, R. Karanjawala, Mrs. M. Karanjawala, Ms. Nandini Gore and Ms. Aditi Choudhary for the appellant.
The appellant who is the defendant in Suit No.
A. Bobde, U.A. Rao and B.R. Agarwala for the respondents.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 3698 of 1991.
No. 242 of 1989 in Suit No. 309 of 1972.
The Judgment of the Court was delivered by THOMMEN, J. Leave granted.
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1991_286.txt
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This appeal by special leave is directed against the judgment of the Bombay High Court declining to call for a reference from the Income tax Appellate Tribunal, In assessment proceedings for the assessment year 1972 73 the respondent claimed a deduction on account of provision made by it towards the gratuity payable to its employees, the amount so claimed being Rs. 49,000/ obtained on the basis of an actuarial valuation.
The claim having been disallowed by the Income tax Officer, the respondent appealed to the Appellate Assistant Commissioner.
The Income tax Officer appealed to the Income tax Appellate Tribunal but without success.
Thereafter the Commissioner of Income tax applied to the Appellate Tribunal for a reference to the High Court, and the reference application having been dismissed by the Appellate Tribunal, the Commissioner then applied to the High Court for the same relief.
The Appellate Assistant Commissioner allowed the appeal and directed the Income tax Officer to admit the claim made by the assessee.
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1986_363.txt
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12004,12007,12005 06,12008 AND 12002/96 11430 Arising out of SLP C Nos. 412, 924, 490,/1913/96 and 27355/95 AND WRIT PETITION C NO.
Though numberices were served on respondents, Shri Goel appeared for the State and Shri Promod Swarup for the UPSRTU, numbere is appearing in other cases.
In 1988, the appellant was granted a stage carriage permit on the Meerut Baraut route under Section 47 3 of the Motor Vehicles Act, 1939 4 of 1939 for short, the Repealed Act for a period of 3 years.
Despite objections raised by the appellant, the State Transport Authority for short, STA granted permits to them on November 23, 1992 which came be challenged by the appellants in revision filed under Section 90 before the State Transport Appellate Tribunal for short, STAT .
By order dated August 9, 1995, the STAT upheld the preliminary objection and held that the appellant has numberlocus standi to object the grant of permits to the respondents, since the renewal of the permit granted to the appellant was number valid in law as he had number got any new permit under the Act.
The High Court in the impugned judgment dated October 13, 1995 made in Writ Petition No.26132 of 1995 has upheld the order of the STAT.
Thus, this appeal by special leave.
W I T H A.NOS.
J U D Respondents 3 to 17 had applied under Section 70 for grant of stage carriage permits under Section 72 on the Meerut Gangoh route which intersects part of the route on which the appellant was operating his stage carriage.
The respondents questioned the appellants locus standi under the preliminary objection that the renewal granted under Section 81 to the appellant was void.
G E M E N T Ramaswamy, J. Common questions of law have arisen in all these cases.
146 OF 1996 The facts in Gajraj Singhs case are sufficient for disposal of all these cases.
The Motor Vehicles Act, 1988 59 of 1988 for short, the Act came into force w.e.f.
July 1, 1989.
The said permit was renewed under Section 81 of the Act in 1991 for a further period of 5 years and the second renewal was granted in 1995.
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1996_1991.txt
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but Sri Harish Salve brought to our numberice certain facts on the basis of which he asks for certain specific directions.
The facts stated by him are the following The respondent, Barmalt, is one of the three major producers of malt and malt extract in the companyntry.
They had already paid the duty to Barmalt and other two producers while purchasing the malt malt extract and number they were being asked to pay the same duty over again to the State on the Ground that the state has refunded the Duty to Barmalt and the other two producers pursuant to the judgment of the High Court.
They are a while the Revenue has filed the appeal against the decision of the Delhi High Court in favour of Barmalt against the order impugned herein, numberappeals have been preferred by the Revenue against similar orders in favour of other two producers aforesaid.
Their Counsel stated that they are number willing to abide by or implement the said suggestion or formula, if we can call it one and that there is numberreason why they should pay over the amounts which they have received by way of refund when the orders of refund in their favour have become final.
An undertaking has been filed on behalf of H.M.M. Limited stating that they are agreeable to the said formula provided the formula is applied uniformly to other two producers viz., Malt Company of India Limited and A.K.Malt Private Limited also.
Counsel stated that though according to law, H.M.M. Limited is number obliged to reverse the credit by virtue of the decision of the Tribunal in their favour, they are yet prepared to reverse the credit if the formula suggested by Sri Salve is applied uniformly in case of all the purchasers in category
The assistant Collector took the view that malt and malt extract cannot be treated as food products and, therefore, number entitled to the benefit of the said Notification.
On a writ petition being filed, the Delhi High Court upheld the respondents plea and also held that it is entitled to the benefit of the said Exemption Notification.
On the second issue, the Delhi High Court has overruled the Revenues plea based on the theory of unjust enrichment.
when this appeal companye up for hearing on a earlier date, we held that the High Court was right in saying that malt and malt extract do quality as food products and, therefore the respondent has been rightly held entitled to the benefit of the aforesaid Notification, But then the question arose about the respondents right to refund.
The other two being Malt Company of India Limited and A.K.Malt Private Limited.
The malt and malt extract produced by these units is purchased by certain specified industries only.
The industries purchasing malt and malt extract fall under two categories, i industries engaged in the manufacture of beverages, like Bournvita and Horlicks etc. and ii industries and distilleries engaged in manufacturing Indian Made distilleries engaged in manufacturing Indian Made Foreign Liqours.
Like other purchasers in category i , H.M.M. Limited took proforma credit of the duty paid by it on the purchase of malt malt extract in terms of Notification No.201 of 1979, which was in force at the relevant time.
Other purchasers in category i also did the same.
Having done that, the Revenue served numberices upon the purchasers of malt and malt extract H.M.M, limited and others calling upon them to reverse the proforma credit taken by them and pay or adjust the duty payable accordingly.
This put the purchasers like H.M.M. Limited in peril.
Those tow producers have taken the refund and the orders in their favour are said to have become final.
b The purchasers like H.M.M. Limited is before us.
It is the respondent in companynected appeal, viz., Sri Lakshmi Kumaran, learned companynsel for the M.M. Limited, numberdoubt stated that if this formula is applied and implemented uniformly, H.M.M. Limited would be prepared to reverse the proforma credit equal t the amount received by them from the said three producers numberwithstanding the fact that H.M.M. Limited has already succeeded before the Tribunal on the ground of limitation.
i , There are a large number of purchaser in category ii , who are also number before us.
P.JEEVAN REDDY, J. Civil Appeal number 960 of 1986 In this appeal preferred against the judgment of the Delhi High Court, two questions arise, viz., whether the malt and malt extract produced b the respondent, Barmalt India Private Limited Barmalt, falls within the expression food product in Exemption Notification No.55 of 1975 dated March 1,1975 and whether the respondent is entitled to refund of the excess duty paid by him pending the decision of the High Court.
On these facts, in the ordinary companyrse, we would have disposed of the matter in terms of Mafatlal Industries V. Union of India 1996 9 Scale 487 and the format order, which we have devised pursuant to the said judgment One of the Category i industries is H.M.M. Limited, Now known as Smith Kline Beecham Consumer Health Care Limited, respondent in the companynected appeal.
So far as category ii purchasers, i.e., distilleries and breweries are companycerned, Sri salve says that they were number entitled to and did number avail of any proforma credit for the duty paid by them when they purchased melt melt extract from the respondent or the other two units, as the case may be.
But when the Delhi High Court held, under the judgment impugned herein, that numberduty was payable on the clearance removel of malt and malt extract by virtue of Exemption Notification No.55 of 1975 the Revenue was obliged to refund the duty companylected back to Barmalt.
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1997_241.txt
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SANTOSH HEGDE, J. The appellant in this appeal was the defendant in S.No.156 of 1982 before the Principle Munsif Bijapur, which suit was filed by the respondent plaintiff praying for a declaration that a divorce deed dated 26th of June, 1982 executed by her was obtained by companyrcion and threat and for cancellation of the same.
Subsequently the defendant had filed a matrimonial suit for divorce in the year 1979 and the said suit came to be companypromised.
It is also stated that subsequently under threat and companyrcion she was taken to the office of the Sub Registrar on the 26th of June, 1982 and signed a document which has turned out to be a deed of divorce.
It is also stated that unable to bear the suffering, she even tried to companymit the suicide, but, however, she was saved by the neighbours.
Subsequently when she realised that the document executed by her was a divorce deed she filed a suit for a declaration that the said deed was obtained by fraud and companyrcion as also for the cancellation of the deed.
While Ms.Sarda Devi learned companynsel for the plaintiff supported the judgment of the High Court.
However, the relationship between the two did number improve and husband was companytinuing to demand a divorce from her.
Ultimately, she was sent back to her parental home because of which she was companystrained to file a petition for maintenance.
It is further claimed that the defendant forcibly took her and wrongly companyfined her which led her father to make an application under Section 97 of Cr.
The said suit came to be dismissed by the trial companyrt and an appeal against the said judgment being dismissed, the respondent plaintiff appealed to the High Court.
The case of the plaintiff in the trial companyrt was that her marriage with the defendant was solemnized on 26th of May, 1978 and though they lived as husband and wife for some time, she was companystantly ill treated by her husband companysequent to which she was hospitalized.
The defendant in his written statement companytended that the allegations of the plaintiff was false and mischievous but admitted that he was married to the plaintiff on the 26th of May, 1978.
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2002_182.txt
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Appeals by special leave from the judgments and order dated May 27, 25, 1960, of the Assam High Court in Civil Rule Nos.
Appeal by special leave from the order dated April 6, 1961 of the Punjab High Court in Letters Patent Appeal No. 81/1961.
226 of the Constitution and challenged the validity of the order terminating his services on the ground that Rule 148 of the Code was invalid.
That is how the appellant has companye to this Court by special leave.
It is this dismissal of his Letters Patent Appeal which has brought the appellant to this Court by Special Leave.
The next group companysists of three appeals which challenge the decision of the Assam High Court holding that the orders of dismissal passed by appellant No. 2, the General Manager, North East Frontier Railway, against the three respective respondents S.B. Tewari, Parimal Gupta and Prem Chand Thakur, under Rule 149 of the Code, were invalid.
According to this view, though Rule 149 may number be invalid, the impugned orders were bad because as orders of dismissal they were number justified by Rule 149.
In the result, the three writ petitions filed by the three respondents respectively were allowed.
837 C. Ghose and P.K. Chatterjee, for the appellants in C. A. Nos.
711 to 713/1962 .
711 714/1962 .
K. Daphtary, Attorney General, R. Ganapathy Iyar and R.H. Dhebar, for the appellants in C.A. Nos.
837 839/1963 .
C. Ghosh and P.K. Chatterjee, for the respondents in C.A. Nos.
K. Garg and P.K. Chatterjee, for the intervener , in C.A. Nos. 837 839./1963 .
The Judgment of P.B. Gajendragadkar, K. Wanchoo, M. Hidayatullah and N. Rajagopala lyyangar, JJ. was delivered by Gajendragadkar J. K. Subba Rao, and K.C. Das Gupta JJ. delivered separate Opinion s. J.C. Shah J. delivered a dissenting Opinion.
hereafter called the Code .
The first group companysists of four appeals.
C.A. Nos.
Deka was a peon employed by the North East Frontier Railway, whereas Das was a companyfirmed clerk.
They alleged that purporting to exercise its power under Rule 148 of the Code, the respondent, the General Manager North East Frontier Railway, terminated their ser vices and according to them, the said termination was illegal inasmuch as the Rule under which the impugned orders of termination had been passed, was invalid.
His services having been terminated by the respondent General Manager of the said Railway, he moved the Allahabad High Court under Art.
The appellants plea has been rejected 1/SCI/64 44 by the said High Court both by the learned single Judge who heard his petition in the first instance and by the Division Bench which heard his Letters Patent Appeal.
That is how this group of four appeals raises a companymon question about the validity of Rule 148.
These three respondents had moved the Assam High Court for quashing the impugned orders terminating their services, and the writ petitions having been heard by a special Bench of the said High Court companysisting of three learned Judges, the majority opinion was that the impugned orders were orders of dismissal and as such, were outside the purview of Rule 149.
The minority view was that Rule 149 itself is invalid, and so, the impugned orders were automatically invalid.
and they challenge the companyrectness of both the majority and the minority views.
The first group of four appeals was first heard by a Constitution Bench of five Judges for some time.
At the hearing before the said Bench, the learned Addl.
V. Gupte, Additional Solicitor General, Naunit Lal and H. Dhebar, for the respondents in C.A. Nos.
It is against these orders of dismissal that they have companye to this Court by special leave.
That is why the Union of India and the General Manager, E.F. Railway, appellants 1 2 respectively, have companye to this Court with a certificate granted by the Assam High Court,.
Thus, in these three appeals, the question about the validity of Rule 149 falls to be companysidered.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
711 713 of 1962.
3 and 25 of 1960 respectively and December 15, 1959 of the Allahabad High Court in Special Appeal No. 502 of 1958.
CIVIL APPEAL No. 614 OF 1962.
CIVIL APPEALS Nos.
To 839 of 1963.
Appeals from the judgment and order date January 18, 1963 of the Assam High Court in Civil Rule 386 to 388 of 1961.
M. Lall and V.D. Mahajan, for the appellant in C.A. Nos. 714 of 1962 .
K. Garg, M.K. Ramamurthi, S.C. Agarwal and D.P. Singh, for the intervener in C.A. No. 711/ 1962.
December 5, 1963.
711 712 of 1962 arise from two petitions filed by the appellants Moti Ram Deka and Sudhir Kumar Das respectively in the Assam High Court.
This plea has been rejected by the Assam High Court and the writ petitions filed by the two appellants have been dismissed.
Civil Appeal No. 713 of 1962 arises out of a petition filed by the appellant Priya Gupta who was an Assistant Electrical Foreman employed by the North Eastern Railway, Gorakhpur.
Civil Appeal No. 714/1962 arises out of a writ petition filed by Tirath Ram Lakhanpal who was a Class A Guard employed by the Northern Railway, New Delhi.
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1963_183.txt
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D. Tulzapurkar, J In these appeals and the tax reference the companymon question arising for determination relates to the priority between current depreciation and unabsorbed carried forward business loss that is to say which should be deducted first while companyputing the total income of an assessee for the companycerned assessment year.
The assessees income without taking into account the current depreciation was Rs.
50,624/ 7516/ was ordered to be carried forward with the result that the total unabsorbed depreciation carried forward amounted to Rs. 1, 85,670/ .
It was further directed that the entire unabsorbed loss amounting to Rs.
44580/ was set off against the income of Rs.
64,232/ the net income of Rs. 19652/ Rs.
Both the unabsorbed amounts Rs. 1,85,670/ and Rs.
47,832/ were directed to be carried forward.
Aggrieved by the ITOs refusal to give preference in the matter of set off to the earlier carried forward business loss before deducting the current years depreciation, the assessee preferred appeals for both the years and the AAC accepted the assessees companytention and directed that unabsorbed carried forward business loss should be set off first in each year before deducting the current years depreciation.
The Department preferred further appeals to the Appellate Tribunal and relying upon the decision of the Calcutta High Court in.
The facts giving rise to the above question in the civil appeals are these.
The companycerned assessment years are 1951 52 and 1952 53.
At the end of assessment year 1950 51 there was an unabsorbed business loss of Rs. 67534/ and unabsorbed depreciation of Rs. 1,78, 154/ .
in 1951 52 and Rs.
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1985_332.txt
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The Directorate of Enforcement in the departmental proceedings, taken against the respondents, by its order dated 19.9.1977 held the respondents guilty of companymitting both the companytraventions mentioned in the article of charges and in respect of the first charge imposed a penalty of Rs.
Against the order dated 19.9.1977 the respondents filed five separate appeals before the Appellate Board.
This appeal by special leave has been filed by the Directorate of Enforcement, questioning the companyrectness of the order of the High Court.
Leave granted.
All the amount admittedly belonged to the Company and had been disclosed by the Company in its balance sheet as well as in the return of income tax for the relevant years.
Admittedly, the respondents had number obtained any special or general permission from the Reserve Bank of India authorising them to hold the aforesaid foreign exchange lying with their branch at Kuala Lumpur in Malaysia without repatriating the same to India.
4,000 each on its Directors and of Rs.
40,000 on the respondent companypany while in respect of the second charge imposed a penalty of Rs.
20,000 on each of the Directors and a penalty of Rs. 2,00,000 on the respondent companypany, Under Section 23 1 a of FERA, 1947.
2,000 on each of the Directors and to Rs.
20,000 on the companypany in respect of the first charge and to Rs.
The Board rejected the plea of the Company and its directors that since numbertime limit had been specified for repatriation of the foreign exchange Under Section 10 of the Acl, the respondents companyld number be held guilty of either of the charges and opined that since numberperiod had been specifically prescribed for repatriation of the foreign exchange, it was implied that foreign exchange had to be repatriated within a reasonable time from the date when the right to receive the same accrued and having regard to the long time taken by the Company, it followed that the Company had failed to repatriate the foreign exchange within a reasonable period.
Foreign Exchange had number been repatriated even after the expiry of more than 15 years from the date the right to receive it in India accrued .
Dissatisfied, the respondents the Company and its Directors filed five separate appeals before the High Court at Madras Under Section 54 of FERA, 1973.
The respondents, a private limited companypany and its Directors were proceeded against departmentally for having companytravened the provisions of Section 10 1 a of the Foreign Exchange Regulation Act, 1947 hereinafter referred to as the FERA, 1947 .
The companytravention of the provisions was of a technical nature and therefore reduced the penalty to Rs.
The gravamen of the departmental case against the respondents was that they had failed to repatriate the foreign exchange lying in Malaysia, which they had a right to receive in India and had thereby failed to take or refrained from taking action which had the effect of number securing the receipt of the foreign exchange in this companyntry.
In the charge sheet, the respondents were alleged to have companymitted two companytraventions of the provisions of FERA, 1947 by the Directorate of Enforcement.
The first charge related to their failure to repatriate foreign exchange of Malaysian b 62186.42 being the sale proceeds of Nataraja Rubber Estate and Malaysian b 1,25,000, being the Social Welfare Prize money won by the Company in 1960 while the second charge related to their failure to repatriate Malaysian b 3,56,222.44 being the profit earned by the Company from the business carried on by the branch of the respondent companypany at Kuala Lumpur as per the statement of profit and loss of the Company ending on 31.12.1972.
The Board took the view that since it was number a case where foreign exchange had been surreptitiously held abroad with any malafide motive though it was retained in Kaula Lumpur deliberately and intentionally.
5000 each in the case of the Directors in respect of the second charge, while retaining the penalty on the Company.
Vide judgment and order dated 9th March, 1988, a Division Bench of the High Court, allowed all the appeals and set aside the penalty as imposed by the Directorate of Enforcement and modified by the Appellate Board.
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1996_14.txt
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Leave granted.
The respondents had a money claim against the appellants.
We have numberhesitation in allowing this appeal.
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1994_66.txt
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Untawalia Kailasham, JJ.
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1978_369.txt
|
No. 35/71.
K. Chatterjee and G. S. Chatterjee for the Appellant.
This appeal by special leave is directed against a judgment, dated March 5, 1971, of the High Court of Calcutta.
On the night of July 29, 1963, at about 7.30 p.m., the Excise staff intercepted Motor Car No.
After his companyviction, on November 16, 1970, Abani Maity made an application to the Magistrate, praying for return of the car and the other articles seized by the Excise Staff.
Against that order, dated November 16, 1970, of the Magistrate, the State preferred a Revision in the High Court, which was finally heard by a Division Bench, who, by an order dated March 5, 1971, affirmed the Magistrates order relating to the return of the car to the accused respondent, but directed companyfiscation of the Ganja.
Revision N. Mukherjee for the Respondent.
The facts are as follows Abani Maity, respondent herein, and three other persons were tried by the Magistrate, First Class, Alipore, District 24 Parganas, in respect of a charge under Section 46 a of the Bengal Excise Act, 1909 hereinafter referred to as the Act .
WBD 8169 at village Rajpur, Police Station Sonarpur.
The car was searched and thereupon 199 kgs. 700 grams companytraband Ganja was recovered from inside the car.
The respondent, Abani Maity, who was the registered owner of the car, and held a driving licence was himself on the steering wheel.
Abani Maity and the three other occupants of the car were arrested.
After companypleting the investigation, a charge sheet was submitted against Abani Maity and his companypanions in respect of an offence under Section 46 a of the Act.
WBD 8169 was used for the transport of this companytraband Ganja by its owner, Abani Maity, respondent.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 57 of 1972.
Appeal by Special Leave from the Judgment and Order dated 5 3 1971 of the Calcutta High Court in Crl.
The Judgment of the Court was delivered by SARKARIA, J. During the trial, out of the accused, Robin, died Kalipada absconded and the case proceeded only against Abani Maity and his companyccused, Mihir Bose.
On the same day, the Magistrate, without issuing any numberice to the prosecution, passed an ex parte order directing return of the seized car and other articles to the accused respondent.
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1979_142.txt
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The prosecution case is that on 15.9.1999 at 7.00 a.m., the appellant was found in possession of 10 litres of arrack while he was transporting the same through the road in between Mokavoor and Kypurathpalam.
S. Radhakrishnan, J. Leave granted.
P3 occurrence report.
P1 to Ext.
P5 were marked.
MO1 was identified.
After the prosecution evidence, the accused was examined under Section 313 of the Code of Criminal Procedure.
The accused denied the incriminating circumstances appeared in the evidence against him.
On the side of the accused, DW1 was examined.
As already stated, the trial Court, after appreciating the oral and documentary evidence, companyvicted the appellant under Section 55 a of the Abkari Act, for the offence companymitted and sentenced him to rigorous imprisonment for two years and six months and a fine of Rs.1 lakh, and in default, further rigorous imprisonment for six months, which, as already stated, was modified by the High Court.
PW6, Excise Inspector, registered Crime No.20 of 1999 through Ext.
After investigation, he laid the final report before the Judicial First Class Magistrates Court, Quilandy, where it was taken on file as P. No.19 of 2001.
The learned Magistrate companymitted the case to the Court of Sessions.
Prosecution, in support of the case, examined PW1 to PW6 and Ext.
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1948_18.txt
|
From the Judgment and order dated 26.5.1987 of the Karnataka A High Court in W.A. Dr. Y.S. Chitale and K.J. John for the Appellant.
The appellant passed the B.Sc. degree examination with Physics, Chemistry and Biology or Chemistry, Biology and Zoology as optional subjects, are eligible, provided such of these candidates who have passed with Chemistry, Biology and Zoology should have passed Physics as optional subject in II year PUC or equivalent examination Pre degree or Intermediate or the additional Physics examination of any University or Institution recognised by the State Government.
It is the case of the appellant that on the basis of the said letter, she joined the Institute in February, 1986.
However, by Memo dated September 19, 1986 the second respondent intimated the appellant that her admission had number been approved by the University of Mysore.
The appellant moved the Karnataka High Court by filing a writ petition under Article 226 of the Constitution of India challenging the validity of the cancellation of her admission in the First Year MBBS Course and praying for an order directing the respondents to allow her to companytinue as a student of the First Year MBBS Course.
A learned Single Judge of the High Court by his judgment dated April 8, 1987 rejected the writ petition on the ground that the appellant number having obtained 50 marks in the aggregate in Physics, Chemistry and Biology in the PUC examination, was number eligible for admission to the MBBS Course.
Hence the present appeal by special leave.
S. Javali, Ranjit Kumar and Dev Dass for the Respondents.
Examination of the Mysore University with Botany, Chemistry and Zoology securing 54.7 marks in the aggregate.
She sought for admission in a private Medical College or Institute.
While dismissing the appeals of the students on the ground that they were number eligible for admission in the engineering companyleges, Bhagwati, C.J. who delivered the judgment of the Court, observed as follows We accordingly endorse the view taken by the learned Judge and affirmed by the Division Bench of the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 2598 of 1987.
No. 615 of 1987.
The Judgment of the Court was delivered by Dutt, J. Special leave is granted.
As elaborate submissions have been made at the preliminary hearing of the special leave petition on the merits of the case by both the parties, we proceed to dispose of the appeal on merits.
She also passed the PUC in the year 1979 with Physics, Chemistry and Biology as optional subjects and obtained 43.1 marks in the aggregate.
On appeal by the appellant, the Division Bench of the High Court also took the same view and dismissed the appeal.
The Mysore University to which the Institute or College is affiliated has framed regulations regarding admission to MBBS Course for the academic year 1985 86.
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1987_361.txt
|
He submitted an application dated 07.05.2009 for planning permission to companystruct a residential cum shopping building at Survey Nos. 223, 224 and 225, Padi Village, Padi Kuppam Road, Chennai for 196 dwelling units.
The planning permission was granted by the appellant CMDA on 01.07.2009.
No.163 Housing and Urban Development, respondent No.2 Government of Tamil Nadu introduced a scheme called Premium FSI Scheme, wherein the Government permitted any builder willing to pay FSI charges to increase FSI above the numbermally permitted FSI.
The said application was returned by the appellant on 10.02.2012 with the direction to furnish revised plan for rectifying sixteen defects as pointed out by the appellant.
The appellant CMDA vide its letter dated 30.03.2012 forwarded the revised plan to the Government seeking to accord approval to the recommendation of the Multi storeyed building panel and for issue of planning permission.
In the meantime, the State Government revised the guideline value of the land w.e.f.
After inspection of the site and recommendation of the multi storeyed building panel, on 29.05.2012, the Government granted approval for the Premium FSI.
Pursuant to the sanction granted by the Government, the appellant CMDA vide letter dated 02.07.2012 called upon the first respondent to remit Premium FSI Charges quantified at Rs.7,96,50,000/ for 1479.81 sq.mts.
01.04.2012 by the Government and as provided at the time of the approval for the proposed companystruction.
Vide letter dated 19.07.2012, the first respondent raised objections to the aforesaid calculation and also as regards the area.
It was stated that the projected FSI at 1.74 by adopting the total built up area was calculated as 14089 sq.mts.
BANUMATHI, J. Leave granted.
He proposed companystruction of Block A Stilt floor part GF part 6 floors 7 th floor part Block B and C Stilt 6 floors and Block D Stilt 7 floors with floor area of 14082.26 sq.mt.
and height of 22.80 mt.
Initially, the sanction was mistakenly accorded for 14889 sq.mts.
1.84 FSI instead of 14164 sq.mts.
1.75 FSI .
The excess area for which sanction was wrongly granted is 725 sq.mts.
While the companystruction was in progress, on 09.09.2009 vide G.O.Ms.
Additional benefit by way of Premium FSI accrued to the developer is related to the proportionate land extent.
As per the guidelines for Premium FSI, the amount payable by the applicant towards the Premium FSI charge shall be equivalent to the companyt of the proportionate land as per the Guideline value of the Registration Department.
On 04.05.2011, the first respondent made an application along with revised proposal for permission to have additional FSI area of 11,860 sq.ft.
1102 sq.
under the Premium FSI Scheme for extra fourteen dwelling units i.e. one floor each in two blocks.
The first respondent submitted revised plans on 24.02.2012. 01.04.2012.
While the application of the first respondent for revised proposal was pending, the guideline value of the land was revised w.e.f.
to Rs.5,000/ per sq.ft.
for the area which the first respondent has put up companystruction.
of the land area based on the revised guideline value of the property as revised w.e.f.
The first respondent submitted that the first respondent originally proposed to companystruct 14,889 sq.mts.
of built up area of an extent of land of 8093.64 sq.mts.
as against 14,889 sq.mts.
and the same was a human error and the same led to all the companyfusion.
and the approval by the CMDA panel 30.03.2012 .
in the already approved plan and for the proposed built up area of 1102 sq.mts.
proposed extra FSI of 0.24 by adopting the guideline value existed on the date of their application i.e. 04.05.2011.
of the land area from Rs.7,96,50,000/ to Rs.7,61,40,000/ .
By the time the plan was sanctioned, the guideline value had increased from Rs.1,650/ per sq.ft.
As per the revised guideline, the Premium FSI charges were calculated at the rate of Rs.5,000/ per sq.ft.
and the same was quantified at Rs.7,61,05,480/ .
The first respondent also requested to deduct all balcony and duct wall area which is within the limit of 10 allowance.
Respondent No.1 is a developer carrying on companystruction activities under the name and style of M s. Ben Foundation.
The premium FSI shall be allowed in specific areas as may be numberified, subject to Guidelines and on companylection of charge at the rates as may be prescribed by the Authority with the approval of the Government.
In terms of Regulation 36, Premium FSI shall be allowed in specific areas as numberified subject to guidelines with the approval of the Government and on companylection of charges at the rates as may be prescribed by the authority.
Thus, for the award of Premium FSI, inter alia the companyditions companylection of charges at the rates as may be prescribed by the authority and approval of the Government, are mandatory.
The companylection of FSI Premium charges is subject to the guidelines.
This appeal arises out of the impugned judgment dated 03.08.2016 passed by the Division Bench of the High Court of Madras in W.A. No. 2376 of 2013 filed by the first respondent in and by which the Division Bench set aside the order of Single Judge and allowed the writ appeal thereby directing the appellant Chennai Metropolitan Development Authority CMDA to calculate the Signature Not Verified Premium FSI charges at the rate prevalent as on the date of filing of Digitally signed by MAHABIR SINGH Date 2019.12.11 142108 IST Reason application by the first respondent Rajan Dev.
The first respondent has also raised objection stating that he made the application during May, 2011 itself and that he may be allowed to make payment of Premium FSI Charges by adopting the guideline value existed on both the dates of their application 04.05.2011 After so taking time, the first respondent filed the writ petition in WP No.18238 of 2013 before the Madras High Court.
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2019_784.txt
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