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He failed to discharge the same | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We have considered the submission of the State counsel very carefully | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is true that it is generally for the prosecution to prove its case beyond doubt but in circumstances such as the present one, some explanation is also due from an accused in order to absolve himself from suspicion of the crime | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In his statement u/s | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
P.C. his positive stand was that he alone had been in the house with Mukhtiar Kaur when she had been killed and indeed as per Exhibit P.JJ Mukhtiar Kaur's body had been found only one Karam (5 feet) away from the place where the appellant lay injured | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It must be emphasized that but for this self serving statement made by the appellant, there is nothing on record to support his positive stance | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Even otherwise, we are of the opinion that had the shot been fired by some intruder, the direction would have been more or less horizontal and parallel to the ground and not from down upwards with the pellets hitting the jaw, skirting the cheek and hitting the roof at point | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
E | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In Modi's Medical Jurisprudence and Toxicology (23rd Edition) at page 765 while dealing with identification of homicidal and suicidal injuries it has been observed that : "A suicidal firearm wound is usually a contact wound situated on the side of the temple, depending on which hand was used to shoot himself, in the centre of the forehead, the roof of the mouth, in the chest or epigastrium in front or the left side and some times under the chin | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The firearm is usually fired at close range | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A small weapon like a revolver or a pistol is held in the hand, while a rifle or a shot gun is supported on the ground or against the wall | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sometimes, the firing is done by pulling a string tied to the trigger by the big toe | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The skin around the entry wound shows characteristic blackening, scorching and tattooing | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In such cases the hand used to steady the weapon at the muzzle may be blackened and scorched and may also be stained with squirting of the blood from the injured arteries | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In homicidal and accidental shooting, the wound may be on any part of the body and the path of the bullet may be in any direction | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Homicidal shooting by dacoits is not uncommon in India, and they are known to make their own firearms | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Immediate death following a firearm wound is uncommon and even when vital organs are injured, a person may be capable of doing extraordinary things | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sometimes, firearm wounds may look like knife slashes or a bullet hole may resemble a penetrating stab wound, if the bullet strikes the head of shoulder at an angle or when an unstable bullet registers a broadside hit | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A Fateh describes a rare homicidal gun shot wound of the mouth, where the entry wound was in the tongue and the direction was horizontally backward, while in suicidal wounds the direction is upwards-entrance would be in the palate or posterior pharynx | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Dr. B.R.Sharma in his Book 'Forensic Science in Criminal Investigation and Trials' (Fourth Edition), at Page 1160 too has delineated the circumstances that could indicate suicide and while referring to the site of the injury has observed: "Certain sites are predominantly used by suicides for self-inflicted injuries | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For example, with firearm, temple,forehead,mouth and chest are the favourite sites | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
With knife throat and wrist are the favourite sites | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Hesitation injuries are also observed in some suicide cases | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is, therefore, clear to us that the story of unknown assailants entering the house and causing Mukhtiar Kaur's murder etcetera has to be ruled out and that the prosecution story that it was the appellant who had first shot Mukhtiar Kaur and then attempted to commit suicide, stands proved | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We also find that no part of the evidence of the hostile witnesses comes to the aid of the appellant | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The question now arises as to the sentence that should be imposed on the appellant | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It would be seen that both the Sessions Court and the High Court were appalled by the allegations and findings of incestuous rape and murder | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We are however of the opinion, as already noted above, that a case of rape has not been made out | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In this background the death sentence is not called for | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We accordingly acquit the appellant of the charge u/s | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
376 of the IPC but maintain his conviction for the other offences but commute his death sentence to life | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
With this modification, the appeal is dismissed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appeal dismissed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Interpretation and/ or application of the provisions of the Gujarat Town Planning and Urban Development Act,1976 (for short "the Act") and the Rules framed thereunder known as the Gujarat Town Planning and Urban Development Rules,1979 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
for short "the Rules") is in question in this appeal which arises out of a judgment and order dated 27.12.2006 passed by a Division Bench of the High Court of Gujarat at Ahmedabad in Letters Patent Appeal No.1611 of 2006 arising out of a judgment and order dated 23.11.2006 passed by a learned Single Judge of the said Court in SCA No.7092 of 2001 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Before embarking upon the issue involved in this appeal,we may notice the admitted fact of the matter | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Government of Gujarat in exercise of its power conferred upon it u/s.65 of the Act made a scheme in respect of the town of Umra,Surat on 1.06.1999 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Plot Nos.17/7 and 17/8 were owned by Respondent No.4 herein | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appellant was a tenant under the said respondent in respect of Plot No.17/8 admeasuring 1067 sq.m | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He used to run a business of marble and stone therein | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A road widening project was proposed in terms of the said scheme | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Notices therefor were issued both to the appellant as also the respondent no | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appellant objected thereto | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He,however,did not pursue his case in regard to the proposal for widening of the road | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For the said public purpose,viz.,widening of the road,867 sq.m.of land was taken over leaving only 200 sq.m.of land | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
With a view to give effect to the provisions of the Act and the Rules framed thereunder,proceedings were initiated for allotment of the said land in terms of the Act.20% of the land was taken over without payment of any compensation | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In respect of the proceedings initiated for the purpose of re-allotment of the land,despite a public notice,the appellant did not file any objection | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He did not take any part in the proceedings therefor | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Respondent No.4 was allotted a final plot bearing No.157 and the said 200 sq.m.of land of plot No.17/8 has merged in final plot No.165 owned by the respondent No.3 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Scheme was notified in the year 1999.Respondent No.1 herein which is the statutory agency in terms of the Act for the purpose of implementation of the Scheme issued a notice u/s.67 of the Act upon the respondent no.4 on or about 15.01.2000.As he did not respond thereto,a notice u/s.68 of the Act was served on him on 31.03.2000 stating: "As per the said approved preliminary scheme the plot No.157 is allotted to you | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
And,its pole demarcations were done by the town planning officer at site | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The said Final Plot/ Original Plot is allotted in lieu of your No.17/7,17/8 paiki land | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
And,the said land is now vested in the Municipal Corporation from 1.7.1999,and is of the ownership of the Municipal Corporation | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thereafter the notice below s.67 for the change in occupation was issued on 15.1.2000 to you | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In spite of this you have not handed over the possession | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Therefore,as per the Gujarat Town Planning and Urban Development Rules,1979 rule 33 the undersigned in exercise of powers conferred below s.68(1) and 8(2) of the Bombay Provincial Municipalities Act and below the s.68 notice under the Gujarat Town Planning and Urban Development Act this is to inform you that as shown in the sketch on the reverse the premises marked should be vacated within 7 days from receipt of the notice and had over the possession to the Surat Municipal Corporation | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If you fail to do so then on completion of the stipulated time limit as per the Rule 33 of the Gujarat Town Planning and Urban Development Rules,1979 the said land and the occupation on the same will be summarily evicted and your occupation will be removed and if you obstruct/ interfere on it after taking away the possession you trespass then as provided under Rule 33 of the Gujarat Town Planning and Urban Development Rules,1979 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
the Action as per the s.188 of the Indian Penal Code will be initiated against you before the Criminal Court,pleased take note of the same | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The validity and/ or legality of the said notice was questioned by the appellant by filing a writ petition in the High Court of Gujarat inter alia contending that the purported final allotment of plot No.165 in favour of the respondent no.3 and allotment of final plot No.157 in favour of the respondent no.4 were made without issuing any notice as envisaged u/ss.52 and 53 of the Act | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the said writ petition,it was prayed: " On the facts and circumstances mentioned herein above,the Petitioner prays to your Lordships that: (A) Be pleased to issue writ of Mandamus or writ in the nature of Mandamus or appropriate writ,order or direction,quashing and setting aside the impugned action of acquiring and demolishing the structures available on the land in question,i.e.,Original Plot No.17/A -R.S.No.17/P,situated at Umra,Surat | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A learned Single Judge of the High Court dismissed the said writ petition inter alia opining that the interest of landlord and tenant being common and in absence of any inter se dispute between them even if any portion of the land which remained in possession of the tenant was included in the Scheme,the proper remedy would be to claim compensation to that extent,holding: " It appears that in the said decision,the Apex Court while considering the scheme on the touch-stone of the mandatory procedure to be followed by the authority under the Bombay Town Planning Rules,has given directions to provide alternative accommodation based on the earlier decision in case of Jaswantsingh Mathurasingh and upheld the scheme | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Such is not the issue in the present case nor there is any complaint by the tenant that any special notice was not served or that the mandatory procedure for finalization of the scheme is not followed | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Further,it appears that if the interest of the landlord and of the tenant is common and in absence of any inter se dispute between the landlord and tenant,even if any portion of the land which is in possession of the tenant is included in the scheme,the proper remedy for the tenant would be to claim for compensation to that extent and if such compensation is not received by him,he may resort to proper remedy available for recovery of the compensation to the extent of the area in his occupation | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
At least on ground that the tenant is in occupation,it would not be a case for interference with the scheme which is sanctioned and made a part of the statute | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Suffice it to say that the tenant will be at liberty to resort to appropriate proceedings against the landlord for the inter se rights and also for entitlement of the compensation | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But if the area of original plot no.17/8 is included in the final scheme and in exchange of the original plot held by Keshav Gramini of 17/8 and 17/7,the final plot is already allotted and as observed earlier it was even otherwise in the ownership of the original holder and it is only on account of inter se dispute the other persons are lawfully occupying the land,the tenant cannot insist that his landlord must be allotted the land of final plot no.157 simultaneously,when he is to be evicted or deprived of the portion of the land of original plot no.17/8.Therefore,in my view considering the peculiar facts and circumstances of the present case,the decision of the Apex Court in case of Mansukhlal1991 Indlaw SC 975 (supra) cannot be made applicable to the present case | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A Division Bench of the High Court dismissed an intra-court appeal preferred thereagainst | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Mr.U.U.Lalit,learned senior counsel appearing on behalf of the appellant,in support of this appeal,inter alia would submit: "(i | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The provisions of Ss.52 and 81 being imperative in character,no acquisition of land is permissible without service of any notice upon the persons interested which would include a tenant in occupation and carrying on business thereon | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
ii | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A tenant having regard to the provisions of the Transfer of Property Act or otherwise having an interest in the property cannot be deprived therefrom without following the procedure established by law and without initiation of any proceedings for acquisition of land | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
iii | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The tenant's interest being distinct and separate could not have been held to be merged with the interest of the landlord,either for the purpose of allotment of a final plot or otherwise in favour of the landlord | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
iv | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appellant having a right over the remaining 200 sq.m.of the land of original plot No.17/8 should be allowed to continue thereupon and final allotment made in favour of the respondent no.3 to that extent should be cancelled | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Mr | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Lalit in support of his contention strongly relied upon a decision of this Court in Mansukhlal Jadavji Darji and Others v | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Ahmedabad Municipal Corporation and Others [(1992) 1 SCC 384 1991 Indlaw SC 975] and Jaswantsingh Mathurasingh and Another v | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Ahmedabad Municipal Corporation and Others [1992 Supp (1) SCC 5 1991 Indlaw SC 972 | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Prashant G.Desai,learned counsel appearing on behalf of the respondent no.1,on the other hand,would submit | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
i | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Public notices having been issued in terms of the Rule 26 of the Rules,an objection which would nullify the Scheme cannot be entertained at this stage | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
ii) Respondent No.1 Corporation merely being interested in the implementation of the Scheme is entitled to obtain vacant possession from him so as to enable it to deliver it to the respondent No.3 in whose favour plot No.165 has been finally allotted | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Scheme in terms of Sub-s.(3) of S.65 of the Act having become a part of the Act,validity thereof cannot be questioned at this stage as modification of the Scheme,if any,will have to undergo the entire process once over again which is not contemplated under the Act | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
the Act was enacted to consolidate and amend the law relating to the making and execution of development plans and town planning schemes in the State of Gujarat | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is not necessary for us to delve deep into the statutory scheme | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Suffice it to say that Chapter IV of the Act deals with control of development and use of land included in the development plans | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Chapter V of the Act provides for town planning schemes | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.40 of the Act empowers the appropriate authority to make one or more schemes | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A declaration of intention to make a scheme is to be notified whereafter a draft scheme may be published | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.45 provides for reconstitution of the plots,sub-s.(2 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
whereof inter alia enables allotment of a final plot from an original plot by transfer of any adjoining lands | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.52 contemplates issuance of a notice in a prescribed manner and in the prescribed form | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
S.52 of the Act provides for the contents of preliminary and final scheme | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It inter alia provides for giving of a notice by the Town Planning Officer as follows: "(1) In a preliminary scheme,the Town Planning Officer shall | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
i) after giving notice in the prescribed manner and in the prescribed form to the persons affected by the scheme,define and demarcate the areas allotted to,or reserved for,any public purpose,or for a purpose of the appropriate authority and the final plots; (ii) after giving notice as aforesaid,determine in a case in which a final plot is to be allotted to persons in ownership in common,the shares of such persons | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Further,Sub-s.(3) of Section 65,Ss.67 and 68 of the Act read as under: "65 -Power of Government to sanction or refuse to sanction the scheme and effect of sanction | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
3) On and After the date fixed in such notification,the preliminary scheme or the final scheme,as the case may be,shall have effect as if it were enacted in this Act | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
67 -Effect of preliminary scheme | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the day on which the preliminary scheme comes into force | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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