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2.Before making any order under sub-section | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
1),the court shall take into consideration the report,if any,of the Probation Officer concerned in relation to the case | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is the specific case of the appellant herein that the High Court has not afforded to the appellant an opportunity to file counter affidavit | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The appellant would have filed the orders passed by the criminal Courts convicting the respondent herein had an opportunity been given to the appellant | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The High Court while passing the impugned order and judgment did not take into consideration that the accused-respondent has been convicted in another Criminal Case No.202 of 1997 by the Court of Metropolitan Magistrate,Patiala House,New Delhi | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the said case,the accused has been convicted under Sections 332/461 of the DMC Act and sentenced to six months simple imprisonment with fine of Rs.5000.In our view,there was no good reason for letting the respondent off by granting to him the said benefit of POB Act particularly,keeping in view the large scale irregularity and unauthorized constructions carried by the builders in Delhi despite strict direction of the Municipal authorities and despite of the Courts passing various orders from time to time against the unauthorized construction | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The High Court also failed to take into consideration that the respondent has been in jail for three days and had not put in substantial period in custody | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The High Court vide its order impugned in this appeal has observed that there is no allegation that the respondent is a previous convict | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In fact,as could be seen from the annexures filed along with this appeal,the respondent has been convicted for offence under Sections 332 and 461 of the DMC Act | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The Trial Court heard the respondent on sentence also and passed the following order: "Convict in person with counsel Heard on sentence | Ruling by Lower Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is contended that he is first offender | Ruling by Lower Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He is not a previous convict nor habitual offender | Ruling by Lower Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He has faced trail since 1991.He is aged about 57 years | Ruling by Lower Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He is not doing any business due to his bad health | Ruling by Lower Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Considering the above facts and circumstances,and gravity of the nature of the offence i.e.extent of construction raised by the accused for commercial as 11 shops at ground floor and 11 shops at first floor,I am not inclined to release the accused/convict on probation | Ruling by Lower Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Hence request declined | Ruling by Lower Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the interest of justice,sentence of six months SI,with fine of Rs.5000 I.D.one month SI is imposed upon the convict for offence u/s 332/461 DMC Act | Ruling by Lower Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Fine deposited | Ruling by Lower Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Convict remained for sentence | Ruling by Lower Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The Additional Sessions Judge,New Delhi also in Civil Appeal No.7 of 2002 (Annexure P-2) dismissed the appeal as there is no infirmity in the order of the trial Court and uphold the conviction order passed by the trial Court on the point of sentence | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The appellate Court held that no interference is required in the order passed by the trial court regarding point of sentence | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Since the appellant-MCD was not given any opportunity by the High Court to file conduct report of the respondent,the order impugned in this appeal is liable to be set aside | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This apart,the respondent did not also disclose the fact in the criminal revision filed before the High Court that he has also been convicted in another Criminal Case No.202 of 1997 by the Court of Metropolitan Magistrate,Patiala House,New Delhi | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Thus,the contesting respondent has come to the High Court with unclean hands and withholds a vital document in order to gain advantage on the other side | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In our opinion,he would be guilty of playing fraud on the Court as well as on the opposite party | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
A person whose case is based on falsehood can be summarily thrown out at any stage of the litigation | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
We have no hesitation to say that a person whose case is based on falsehood has no right to approach the Court and he can be summarily thrown out at any stage of the litigation | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the instant case,non-production of the order and even non-mentioning of the conviction and sentence in the criminal Case No.202 of 1997 tantamounts to playing fraud on the Court | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
A litigant who approaches the Court is bound to produce all documents which are relevant to the litigation | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
If he withholds a vital document in order to gain advantage on the other side then he would be guilty of playing fraud on the court as well on the opposite party | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The second respondent,in our opinion,was not justified in suppressing the material fact that he was convicted by the Magistrate on an earlier occasion | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Since the second respondent deliberately suppressed the crucial and important fact,we disapprove strongly and particularly,the conduct of the second respondent and by reason of such conduct,the second respondent disentitled himself from getting any relief or assistance from this Court | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
We,however,part with this case with heavy heart expressing our strong disapproval of the conduct and behaviour but direct that the second respondent to pay a sum of Rs.10,000 by way of cost to the appellant herein | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
We have already reproduced Section 4 of the POB Act | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It applied to all kinds of offenders whether under or above 21 years of age | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This section is intended to attempt possible reformation of an offender instead of inflicting on him the normal punishment of his crime | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The only limitation imposed by Section 6 is that in the first instance an offender under twenty one years of age,will not be sentenced to imprisonment | Statute | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
While extending benefit of this case,the discretion of the Court has to be exercised having regard to the circumstances in which the crime was committed,the age,character and antecedents of the offender | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Such exercise of discretion needs a sense of responsibility | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The offender can only be released on probation of good conduct under this section when the Court forms an opinion,having considered the circumstances of the case,the nature of the offence and the character of the offender,that in a particular case,the offender should be released on probation of good conduct | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The section itself is clear that before applying the section,the Magistrate should carefully take into consideration the attendant circumstances | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The second respondent is a previous convict as per the records placed before us | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Such a previous convict cannot be released in view of Section 4 of the POB Act | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The Court is bound to call for a report as per Section 4 of POB Act but the High Court has failed to do so although the Court is not bound by the report of the Probationer Officer but it must call for such a report before the case comes to its conclusion | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The word "shall" in sub-section (2) of Section 4 is mandatory and the consideration of the report of the Probationer Officer is a condition precedent to the release of the accused as reported in the case of State v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Naguesh G.Shet Govenkar and Anr.,AIR (1970 | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Goa 49 1969 Indlaw GOA 8 and a release without such a report | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
would,therefore,be illegal | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the case of Ram Singh and Ors.v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
State of Haryana,[1971] 3 SCC 914 1970 Indlaw SC 513,a Bench of two Judges of this Court in paragraph 16 of the judgment observed as under: "Counsel for the appellants invoked the application of Probation of Offenders Act | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Sections 4 and 6 of the Act indicate the procedure requiring the Court to call for a report from the Probation Officer and consideration of the report and any other information available relating to the character and physical and mental condition of the offender | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
These facts are of primary importance before the Court can pass an order under the Probation of Offenders Act | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
This plea cannot be entertained in this Court | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the case of R.Mahalingam v | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
G.Padmavathi and Anr.,(1979) Crl | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
LJ NOC 20 Mad.,the Court observed as under: "If any report is filed by the probation officer,the Court is bound to consider it | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Obtaining such a report of the probation officer is mandatory since the sub-s.(1) of S.4 says that the Court shall consider the report of the probation officer | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Words | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
if any" do not mean that the Court need not call for a report from the probation officer | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The words "if any" would only cover a case where notwithstanding such requisition,the probation officer for one reason or other has not submitted a report | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Before deciding to act under S.4 (1),it is mandatory on the part of the Court to call for a report from the probation officer and if such a report is received,it is mandatory on the part of the Court to consider the report | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
But if for one reason or the other such a report is not forthcoming,the Court has to decide the matter on other materials available to it | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In the instant case,the Magistrate passed order releasing the accused on probation without taking into consideration their character | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Held,the requirement of S.4(1) was not fulfilled and therefore the case remanded | Precedent | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Since the High Court has disposed of the criminal revision without giving an opportunity of filing counter affidavit to the counsel for the MCD and that the respondent did not disclose the fact in the criminal revision filed before the High Court that he has also been convicted in another criminal case No.202 of 1997,the judgment impugned in this appeal cannot be allowed to stand | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
We,therefore,have no hesitation in setting aside the order impugned and remit the matter to the High Court for fresh disposal strictly in accordance with law | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The appeal is,accordingly,allowed with costs of Rs.10,000 to be paid by the second respondent to the appellant,as indicated in paragraph supra | Ruling by Present Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Appeal allowed | Ruling by Present Court | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In our view,although the High Court had set aside the concurrent findings of fact arrived at by the Tribunals below under the Karnataka Land Reforms | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Act,1974 (in short'the Act') in the exercise of its revisional jurisdiction under Section 121A of the Act,even then,this is not a fit case where this Court,in the exercise of its power u/art.136 of the Constitution would interfere with such an order of the High Court | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The appellants in this appeal,claiming to be the tenants of agricultural land,bearing Survey No.125/1,measuring 3 acres 11 Gunthas | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
hereinafter called as the "scheduled land") situated in Lingabahalli Village,Madhugiri Taluk in the State of Karnataka,filed Form No.7 before the Land Tribunal praying for a declaration that they had acquired occupancy rights in respect of the scheduled land | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
They alleged that they were cultivating the scheduled land from 1968 till the notified date under the Act on Wara basis giving 1/3rd of the share in the foodgrains to respondent No.4.Accordingly,the appellants prayed for an order of occupancy right in respect of the scheduled land alleging that they and their father were cultivating the scheduled land as occupancy | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
right holders relying,inter alia,on the entries under the RTC record | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The case of the appellants,as made out,was disputed by the respondent No.4.The case of respondent No.4 was that the scheduled land was mortgaged to the 3rd respondent,Rajashankar,in the year 1968 and after the expiry of the said mortgage,the mortgagee was liable to deliver possession of the same | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The case of tenancy as made out by the appellants or their father was denied | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It was alleged by the respondent No.4 that since the respondent No.3 was a film actor and had settled in Madras (now Chennai),with the consent of the respondent No.3,the scheduled land was given to the father of the appellants and the father of the appellants was cultivating the same from the year 1968 but not as a tenant | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Accordingly,they prayed for rejection of the application filed by the father of the appellants claiming occupancy rights under the Act | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Initially,the Land Tribunal allowed the application of the father of the appellants and feeling aggrieved; a writ petition was filed against the said order | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The High Court had set aside the order of the Land Tribunal and remanded the case back to the Tribunal for a fresh decision | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
The Land Tribunal,after remand,relying on the entries in the RTC record and some other materials on record,granted occupancy rights in favour of the appellants | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Feeling aggrieved,the respondent No.4 filed an appeal before the Appellate Authority,which was also dismissed | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
A revision petition,thereafter,was moved before the High Court and the High Court,by the impugned judgment,had set aside the concurrent findings of fact and rejected the application filed by the father,since deceased,of the appellants holding,inter alia,that the appellants or their father had failed to prove the tenancy in respect of the scheduled land | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
A special leave petition was filed against the judgment of the High Court,setting aside the concurrent orders allowing the application,in respect of which leave has already been granted | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
We have heard Mr | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Raju,learned counsel appearing on behalf of the appellants and Mr | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
S.N.Bhat,learned counsel appearing on behalf of the respondents | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
We have examined the impugned judgment of the High Court as well as the orders of the Tribunals below | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is true that the High Court,while exercising its revisional power under Section 121A of the Act,had set aside the concurrent findings of fact of the Land Tribunal as well as of the appellate authority,even then,examining the findings of the High Court and considering the power conferred on it in the revisional jurisdiction under Section 121A of the Act,we do not find any reason to interfere with the impugned order of the High Court in the exercise of our power u/art.136 of the Constitution | Ratio of the decision | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
While setting aside the findings of the Tribunal,the High Court,at paragraph 7 of the impugned judgment made the following findings: "It is an undisputed fact that the revision petitioner has mortgaged the land in dispute in favour of the 5th respondent,Rajashankar in the year 1968 and after the expiry of the mortgage period,since the 5th respondent failed to deliver back the possession of the land in dispute to him,he filed the suit for redemption and obtained a decree for redemption | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
When the matter stood thus,the father of the respondent Nos.3 and 4 Gondappa,who is the uncle of the 5th respondent,Rajashankar,filed Form No.7 before the Land Tribunal claiming occupancy rights in respect of the land in dispute contending that he is the tenant of the said land,under the 5th respondent from the year 1968,i.e.subsequent to the date of mortgage | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
To prove this fact,he relied upon the entries in the R.T.C.extract for the years 1968 to 1974 wherein his name is shown as the person in cultivation of the land in dispute | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
But,it is significant to note that the nature of cultivation of the land is not shown as that of a tenant in the said R.T.C.extracts | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
In one year,the nature of cultivation is described as "Swantha"and in the years,the column is left blank | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Thus the R.T.C.extracts produced by him do not support his contention that he was cultivating the land in dispute as a tenant | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
He has not produced any Geni receipts or any Lease Agreement to show that the 5th respondent has leased out the land in dispute in his favour on crop share basis and that he paid the Geni to the 5th respondent | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Thus,he has no documentary evidence in respect of his claim that he came in possession of the land in dispute as a tenant under the 5th respondent and that he was cultivating the land in dispute as a tenant | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
It is further significant to note that in the evidence given by the respondent No.3 before the Land Tribunal,he claimed that his father has taken the land in dispute on lease in the year 1962,from the father of the petitioners,Gundu Rao | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
Even in respect of the said claim,he failed to produce any documentary evidence evidencing the said lease of land in dispute from Gundu Rao | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
On the other hand,in Form No.7 filed by Gondappa,the father of the respondents 3 and 4,he alleged that he was the tenant under the 5th respondent in respect of the land in dispute from the year 1968 | Facts | Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context |
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