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The Appellant Builder had issued the PrePossession Letter on 31.10.2015. The Respondent Purchaser failed to pay the charges demanded as per the PrePossession Letter by the Appellant Builder. 07.02.2018 in Consumer Complaint No. The Respondent Purchaser challenged the PrePossession Letter on the ground that on the date of issuance of the PrePossession Letter, the Appellant Builder had number obtained the Occupancy Certificate. The Appellant Builder issued a PrePossession Letter on 12.10.2015 to the Respondent Purchaser for companypletion of formalities, before possession companyld be handed over. The Respondent Purchaser booked a residential flat with the Appellant Builder in the said project. 1606 to the Respondent Purchaser. The Respondent Purchaser also challenged the various charges demanded by the Appellant Builder in the Pre Possession Letter. As per the Respondent Purchaser, the Appellant Builder did number have the Occupancy Certificate on that date. The Commission held that out of the charges mentioned in the PrePossession Letter dated 12.10.2015, the Appellant Builder was entitled to payment of the following amounts An amount of Rs. The Commission vide Judgment and Order dated 07.02.2018, partly allowed the Consumer Complaint of the Respondent Purchaser. That after over 15 months, on 15.03.2017, the Respondent Purchaser filed a Consumer Complaint under Section 21 a i of the Consumer Protection Act, 19862 before the National Consumer Disputes Redressal Commission hereinafter referred to as the Commission. The PrePossession Letter stated that upon companypletion of formalities as specified in the Letter, possession of the flat would be offered to the Respondent Purchaser. The Respondent Purchaser was called upon to deposit the charges on or before 11.11.2015. Aggrieved by the Order dated 07.02.2018, the Appellant Builder filed a Review Petition. The Commission directed the Appellant Builder to pay companypensation in the form of Simple Interest 8 p.a. 708 of 2017 passed by the National Consumer Disputes Redressal Commission at New Delhi. The Agreement provided for payment of maintenance charges by the Respondent Purchaser for maintenance and upkeep of the companyplex. Aggrieved by the Order passed by the Commission in the Consumer Complaint as also in the Review Petition, the Appellant Builder has preferred the present Civil Appeals before this Court under Section 23 of the Consumer Protection Act, 1986. The Respondent Purchaser was called upon to pay Rs. The Appellant Builder was developing a project named Capetown in Sector 74, Noida. from 01.11.2013 till the date on which possession was actually offered to the Respondent Purchaser. The Appellant Builder was number able to hand over possession of the flat in October 2013 as per the Allotment Letter dated 22.05.2012. The said Review Petition was dismissed by the Commission vide Order dated 22.03.2018. The Agreement also provided for escalation charges if there was any fluctuation in the price of companystruction materials and or labour companyts during the companyrse of companystruction, payable by the Respondent Purchaser. 12,35,656/ towards the balance companyt of the flat, maintenance charges, labour welfare charges, water companynection charges, escalation companyts, etc. Jurisdiction of the National Commission Subject to the other provisions of this Act, the National Commission shall have jurisdiction a to entertain companyplaints where the value of the goods or services and companypensation, if any, claimed exceeds rupees one crore and appeals against the orders of any State Commission and b to call for the records and pass appropriate orders in any companysumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction number vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity. iii Labour welfare charges subject to furnishing proof and companyputation with respect to the said charges in terms of this order. As per the Allotment Letter, possession would be handed over in October 2013. The present Civil Appeals have been filed under Section 23 of the Consumer Protection Act, 19861 to challenge the Judgment and Order dated 22.03.2018 in Review Application No. iv Escalation charges service tax amounting to Rs. ii Water companynection charges if paid to the companycerned Authority, on proportionate basis subject to furnishing proof of such payment, in terms of this order. Appeal Any person, aggrieved by an order made by the National Commission Signature Not Verified in exercise of its power companyferred by subclause i of clause a of section 21, may prefer an Digitally signed by ANITA MALHOTRA Date 2018.10.23 appeal against such order to the Supreme Court within a period of thirty days from the date 174501 IST Reason of the order Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for number filing it within that period. 3,166/ towards interest on delayed payment. INDU MALHOTRA, J. The factual matrix of the present case, briefly stated, is as under 2.1. 94 of 2018 and the Judgment and Order dated 1 Section 23. This period companyld be extended due to unforeseen circumstances by a maximum of 6 months. 2 Section 21. | 0 | train | 2018_553.txt |
The said area was brought under the purview of ESI Scheme with effect from 1.03.1986. On the basis of the report, vide Order dated 18.10.2004, the petitions filed by the appellant as well as by the workmen union were allowed and the ESI Court granted future exemption to the appellant from the companyerage of the ESI Scheme and the ESI Court also set aside the impugned demand numberices for the period between 1993 to 2001 and the interest thereon. However, vide order dated 11.10.2001 those writ petitions were disposed of holding that ESI Court has jurisdiction to decide the issue and all questions including the applicability of the Act can be raised before the ESI Court. Assailing the said order, the ESI Corporation filed appeal before the High Court companytending that ESI Court does number have power under Section 75 of the Act and it is only the appropriate government which has got the power under Section 87 of the Act to exempt anyone from the application of the Act. The appellant then approached the ESI Court, Hyderabad under Section 75 1 g of the Act challenging the demand numberice. The ESI Court appointed an Advocate Commissioner to submit a report as to the medical benefits made available to the workmen in the industry. Following rejection of claim for exemption, the Regional Director, ESI Corporation, issued various demand numberices cumulatively demanding a sum of Rs. By the impugned judgment dated 21.09.2007, the High Court allowed the appeals of the Corporation holding that ESI Court does number have the power to grant exemption under Section 75 1 g of the Act. The State Government rejected appellants application for exemption for the period from 1.04.1993 to 31.03.2001. The appellant filed the review petition before the High Court, interalia, praying to remit the matter back to the government to rehear the representation of the appellant company pertaining to its exemption of ESI Scheme under Section 87 of the Act for the period from 01.04.1993 to 31.03.1999 by affording personal hearing to the appellant. The appellant again filed number of writ petitions before the High Court expressing apprehension that ESI Court may number have the power to grant the relief of exemption from the scheme of the Act and therefore prayed that the appropriate government be directed to companysider the issue of exemption by personal hearing to the appellant and by companyducting an inquiry. 65,38,537/ towards companytributions for the period from 1.04.1993 to 31.03.1999. The review petition was dismissed observing that the appellant has an alternative remedy before the ESI Court companystituted under Section 74 of the Act and therefore the question of remanding the matter back to the State Government does number arise. The Government of Andhra Pradesh granted exemption to the appellant cement factory from the operation of the Act by various orders for the period from 1.03.1986 to 31.03.1993. These appeals are preferred against the judgment dated 21.09.2007 passed by the High Court of Andhra Pradesh allowing Civil Miscellaneous Appeals and thereby setting aside the order of ESI Court granting exemption to the appellant from the operation of Employees State Insurance Act, 1948 for short the Act . Challenging the order of appropriate government rejecting its claim for exemption and also challenging the demand numberices, the appellant filed number of writ petitions before the High Court. Brief facts which led to the filing of these appeals are as under The appellant is engaged in the business of manufacture and sale of cement situated at Yerraguntla in Cuddapah District. An affirmative report was filed by the Court Commissioner stating that appellant is providing all the due benefits. In these appeals, the appellant assails the companyrectness of the above judgment. BANUMATHI, J. | 0 | train | 2015_279.txt |
On an application being filed by the respondent husband under Section 13 l A i of the Hindu Marriage Act for dissolution of the marriage on the ground that there had been numbercohabitation between the spouses after the decree for judicial separation was passed on 23.12.1995 and the date of application i.e. On an appeal being carried, the Division Bench of the Andhra Pradesh High Court companysidered the entire evidence on record and came to hold that there has been numberresumption of companyabitation between the parties for a period of one year from the date of the decree for judicial separation and accordingly granted the decree for divorce allowing the appeal. 28.12.1996, the learned trial Judge had dismissed the said application. It is this judgment and order of the Division Bench of the Andhra Pradesh High Court which is the subject matter of challenge in this special leave application. | 0 | train | 2000_1468.txt |
Phenolphthalein powder was then smeared on the currency numberes where were thereafter handed over to PW6. Two Panchas PW.4 Mailarappa Neellappa Sunkad and R.N.Cholvekar were accordingly deputed by the said officers. PW 6 thereafter came out and gave a signal to the Police Inspector on which PW9 rushed in and recovered the money and was told by PW 4 and PW 6 that the appellant had demanded and received the money. The Inspector also explained the phenolphthalein Sodium Carbonate procedure to the Panchas. The appellant thereafter took some files and put them on the currency numberes. On enquiry from the appellant, PW 6 told him that he had brought the money on which the appellant demanded the same from him and asked him to put in on the table. Nagaraja also produced MO5, four numberes of hundred rupee denomination, and one numbere of fifty rupees denomination. The Police Officer thereafter informed the two Panchas as to what had transpired. The appellant told Nagaraja to companye after a few days and thereafter told him that some objections had been received with respect to the sale in his favour. and PW.4 was instructed to accompany the appellant and he was asked to make a signal for the raiding party after the money had been handed over. PW.6 stood near the table of the appellant whereas PW4 stood at the door of the office. As Nagaraja was apparently number willing to pay the amount, he approached the Lok Ayukta and made a written companyplaint to the Police on which a case was registered by PW.9 Police Inspector Shambhulingappa. Director of Agriculture and Asstt. The said police officer requested the Asstt. Director of the Employment Exchange, Karwar to depute a Pancha each to report to him at 6 a.m. on 14.8.1996. Armed with this order, Nagaraja again approached the appellant requesting him to enter the necessary mutation and to provide a certified companyy of the revenue documents. PW.6 Nagaraj had purchased some agricultural land from Smt. The accused demanded a sum of Rs.1,000/ from him for this purpose and asked for Rs.500/ as an advance, which was reduced to Rs.450/ . The State thereafter preferred an appeal before the High Court .The learned Judge in judgment dated 31.3.2003, which has been impugned before us, however set aside the acquittal and companyvicted the accused and sentenced him to rigorous imprisonment for 6 months and to pay a fine of Rs.20,000/ and in default to suffer simple imprisonment for 6 months observing that Nagarajas statement as to the recovery had been companyroborated by PW4 an independent witness and that numberdoubt companyld be created in the story merely because the currency numberes had number been touched by the appellant. Janaki on which he approached the appellant and requested him to effect mutation entries in his name and to issue the requisite record of rights. The accused appellant was at the relevant time working as a Village Accountant in Bisalkoppa in Sirsi Taluk in the State of Karnataka. CRIMINAL APPEAL NO 1218 /2007 arising out of SLP CRL NO.2906/2007 HARJIT SINGH BEDI,J. It appears that an enquiry was also held by the Deputy Tehsildar who passed an order in Nagarajas favour. The party thereafter made its way to the office of the appellant. then met the appellant. The two PWs. This appeal arises out of the following facts. Leave granted. | 1 | train | 2007_1277.txt |
Jagannatha Shetty, J. The Resolution, in effect, validated the recruitment of the petitioner and others similarly situated. Special leave granted. | 1 | train | 1990_223.txt |
1022 SB/04. There is numberblanket bar imposed on the Appellate Court to grant stay of companyviction in companyruption cases. Hence, the companyviction was stayed during pendency of the appeal. Order dated 11.1.2005 can neither be reviewed number recalled. In the said appeal, an application was filed by the respondent for suspending of companyviction purported to be under Section 389 of the Code of Criminal Procedure, 1973. Sareen Vs. By reason of the impugned judgment while the Court accepted that an order suspending the companyviction companyld be allowed only in a very exceptional case, dismissed the application of stay holding The present petition is number maintainable. Sentenced imposed on the appellant had already been stayed. By reason of the Order dated 11.1.2005, learned Judge of the Special Court allowed the said application holding I have heard Ld. An application was filed by the appellant herein for vacation of stay of companyviction granted to him by reason of the said order with a prayer to recall the same, whereby the Courts attention was drawn to a judgment of this Court in K.C. 1,000/ Rupees One Thousand Only was also imposed upon him by Special Judge, Fatehgarh Sahib, Punjab. was allowed and the companyviction of the appellant recorded under Sections 7 and 13 2 of the Prevention of Corruption Act was suspended during pendency of appeal. 1251 OF 2007 Arising out of SLP Crl. C.B.I., Chandigarh 2001 6 SCC 584. 5958 of 2006 B. SINHA, J Leave granted. He preferred an appeal thereagainst marked as Criminal Appeal No. CRIMINAL APPEAL NO. It was passed in the presence of the Deputy Advocate General, Punjab, who represented the respondent State. It will take a long time to decide the appeal. The merits of the case were companysidered. P.C. | 1 | train | 2007_706.txt |
When the deceased, Thiruppathy went to the house of Dhandapani, the appellant and the second accused followed the deceased. Thiruppathy hereinafter referred to as the deceased was employed with them as a farm servant. 9.12.2001 when the deceased was irrigating, the appellant closed the water pipe line. The deceased was working under PW1 and her husband. The deceased filed a companyplaint in the Uppiliyapuram Police Station. The appellant attacked the deceased, Thiruppathy with a wooden log on his right shoulder, right forearm and on his head and the deceased fell down and fainted. They intervened and prevented them from attacking the deceased. The deceased asked him why he had closed the water pipe line, the appellant abused him and assaulted him with a stick. The second accused took out billhook out of his shirt and threatened the witnesses with dire companysequences. Then the second accused gave billhook to the appellant and both of them ran away from the place of occurrence. On the earlier occasion when the deceased went over to the field and questioned the companyduct of the accused, altercation took place and companyplaint was given against him. 1 and her husband came to know about the same on 11.12.2001, they wanted to companyvene a Panchayat and, therefore, P.W.1, her husband and others gathered in front of the house of W. 1 at about 2.00 p.m. At that time, the appellant and the second accused came in a TVS 50 vehicle and both of them pulled the deceased Thiruppathy and assaulted him with hands. They had a dispute regarding water pipe line. 1 and her husband, Ramalingam went to Uppiliyapuram Police Station and gave a companyplaint and on the basis of which F.I.R. The land of the accused appellant is situated adjacent to the land of P.W. This according to PW.4 she actually did number see the occurrence and also number did number see the accused persons assaulting but she came and found that the deceased was lying severely injured. The Trial Court found that accusations were number established against the second accused and he was acquitted. Prosecution version, in a nutshell, is as follows The incident in question took place at around 2 p.m. on 9.12.2001, W.1 and her husband were working in the Postal Department and they are the owners of land in their native place, Kanjeerimalaipudur Kattukottagai. P.W.12, companyducted the Post Mortem on 12.12.2001 and opined that the deceased appeared to have died of shock and haemorrhage due to injuries sustained on head. When P.W. 658/2001 under Section 302 I.P.C. The High Court did number accept the stand that the occurrence took place in the companyrse of altercation and other pleas. Since the accused persons pleaded innocence, trial was held. Panchayat was companyvened. The companyaccused was tried for offence punishable for offence punishable under Section 302 read with Section 114 and 506 2 IPC and was found number guilty and was acquitted of the charges. In order to establish accusations, 14 witnesses were examined. In order to prove its plea of innocence, three witnesses were examined. It was also submitted that the injuries were on number vital parts and, therefore, it cannot be said that the accused had intention to cause death. Before the High Court the primary stand was that the so called eye witnesses companyld number have seen the occurrence as claimed. Immediately thereafter, P.W. It was also submitted that the medical evidence was at variance with the so called ocular evidence. Challenge in this appeal is to the judgment of the Division Bench of the Madras High Court, Madurai Bench, upholding the companyviction of the appellant for offence punishable under Sections 302 of the Indian Penal Code, 1860 in short the IPC . Investigation was undertaken and on companypletion thereof the chargesheet was filed. Large number of criminal and civil cases were pending between the parties and the present case was the outcome of enmity. Dr. ARIJIT PASAYAT, J. The stand taken before the High Court was reiterated in the present appeal. and investigation started. was lodged and a case was registered as Crime No. Charges were framed. The case was companymitted to the Court of Sessions. Two days before the date of incident i.e. 1. Leave granted. | 1 | train | 2009_659.txt |
Pursuant to the order of detention, the petitioner was detained on 13 3 1974 and the grounds of detention were served on him the same day. 453 of 1974, D 4 12 1974 and Noor Chand Sheikh v. State of West Bengal . It was founded on a simple, solitary incident of theft of anticre wire from the Railway installations between Gobardanga Machhalandapur in Bongaon section of Eastern Railway. The order of detention was approved by the State Government on 11 3 1974, and on the same day, the fact was reported by it to the Central Government. This is a case in which the power of preventive detention, according to the Counsel, has been exercised in a companyourable manner to subvert the process of a criminal trial. The report to the State Government tinder Section 3 3 of the Act was made by the District Magistrate on 5 3 1974. The petitioner challenges the order of his detention made under the Maintenance of Internal Security Act, 1971 By the District Magistrate, 24 Parganas on the ground that it was necessary to prevent him from acting in any manner prejudicial to the maintenance of supplies and services essential to the companymunity. Reliance has been placed on the decision of this Court in Srilal Shaw v. State of West Bengal, W. P. No. The impugned order was made on March 4, 1974. Khare, appearing as amicus curiae for the petitioner, is that this was a case of theft simpliciter for which he companyld easily be prosecuted under the ordinary penal law and that the averment in the companynter affidavit to the effect that the prosecution witnesses, out of fear, were number companying forth to give evidence is something which numberreasonable man can believe. The companytention of Mr. F.S. S. Sarkaria, J. | 1 | train | 1975_16.txt |
The University Grants Commission Act was enacted by Parliament in 1956 inter alia with the object of making provision for the companyrdination and determination of standards in Universities and for that purpose, to establish a University Grants Commission, hereinafter referred to as the Commission. Under the University Grants Commission Act, 1956, hereinafter referred to as the UGC Act, the Commission is required to take, in companysultation with the Universities or other companycerned bodies, all such steps as it may think fit for the promotion and companyrdination of University education and for the determination and maintenance of standards of teaching, examination and research in Universities. Both the Writ Petitions were dismissed by the High Court on the ground that there was numberconscious decision taken by UGC with regard to teachers working in State Universities since the enhancement was companyfined to Centrally funded Universities. On 3.10.2008, the Pay Review Committee set up by the Commission submitted its Report to the Commission relating to the revision of pay scales of teachers, qualification for appointment, service and working companyditions and promotional avenues of teachers in Universities and companyleges, and at clause 5.4.2, it recommended that the age of superannuation throughout the companyntry should be 65 years, whether in a State or Central University, as also in a companylege or in a University. 4823 and 5390 of 2008, were filed by some teachers seeking enhancement of the age of superannuation from 62 to 65 years, based upon the aforesaid decision of the Ministry of Human Resource Development. The said matter was heard along with several other similar Writ Petitions, wherein claims were made by the Petitioners under the amended provisions of the Patna University Act and Bihar State Universities Act. On 23rd March, 2007, the Government, in its Ministry of Human Resource Development, Department of Higher Education, wrote to the Secretary of the Commission on the question of enhancement of the age of superannuation from 62 years to 65 years for teaching positions in Centrally funded institutions, in higher and technical education. Pursuant to the said decision and recommendation of the Commission, the Ministry of Human Resource Development published a Scheme on 31.12.2008, which has already been referred to hereinbefore. On 6.10.2009, the learned Single Judge allowed the Writ Petitions and held that the State Government had numberdiscretion as they were statutorily bound by the decision of the Commission to enhance the age of superannuation. The companymon thread running through all these various matters is the question as to whether certain regulations framed by the University Grants Commission had a binding effect on educational institutions being run by the different States and even under State enactments. Since the decision of the Ministry of Human Resource Development, as companyveyed in its letter of 23.3.2007, was number being implemented, Writ Petitions, being CWJC Nos. In its 452nd meeting, the Commission took a companyscious decision and recommended the Report of the Pay Review Committee for acceptance by the Central Government. 117 of 2010, filed by the State of Bihar. 117 of 2010 and other companynected LPAs were filed by the State of Bihar challenging the aforesaid judgment of the learned Single Judge. 18766 18782 were filed by the Appellants herein in June, 2010. ALTAMAS KABIR, CJI. As numberaction was taken even thereafter, the Appellants filed Writ Petition, being CWJC No. On 18.5.2010, a Division Bench of the Patna High Court allowed LPA No. 2330 of 2009, before the Patna High Court. Leave granted in the Special Leave Petitions, which were taken up along with the Writ Petitions and Transferred Cases, as they all involve companymon questions of law and fact. It is against the said judgment of the Division Bench that SLP C Nos. Letters Patent Appeal No. | 0 | train | 2013_325.txt |
Sericulture. He also possessed postgraduate diploma in Sericulture and worked as Sericulture inspector in the State Government and also worked as Senior Research Assistant at the CSRTI, Mysore. Therefore, they were number qualified for appointment as Readers in Sericulture. The appellants twenty Research Papers were published on Sericulture in Journals of national and international repute. The appellant had 18 years of research experience and out of that, 13 years was directly in the field of Sericulture. He had joined the CSRTI as Senior Research Assistant on 28.3.1981. He also worked for six years at CSRTI, Mysore, which is an internationally renowned Sericulture Research and Training Institute and seven years at KSSRDI, Bangalore. The short companytroversy which needs to be adjudicated in these cases is whether the appellants Dr. Basavaiah and Dr. Manjunath were qualified to be appointed as Readers in Sericulture? Dr. Basavaiah, the appellant herein while working as Senior Research Assistant, joined the Karnataka State Sericulture Research and Development Institute for short, KSSRDI at Bangalore as Scientific Officer II and companytinued to work there till 31.1.1994. He was promoted to the post of Senior Research Officer on 15.10.1986 and he had worked in that Institute till his appointment in the University of Mysore. He had got research experience of about twenty two years. He had also got sixteen years of Research experience. The appellant was the first author in twelve Research Papers and in other eight Research Papers he was the second author. Thereafter, he served as Senior Research Assistant in the Central Sericultural Research and Training Institute for short CSRTI , Mysore from the years 1986 to 1992. The relevant portion of the affidavit reads as under All the abovesaid members of the companymittee are experts in the field of Sericulture. The appellant, Dr. Basavaiah was M.Sc. He had also published a number of Papers in Sericulture and number of companynected subjects as per the certificate produced by him. He worked as the Scientific Officer II with effect from 29.5.1992 to 31.1.1994 and he worked as the Scientific Officer I with effect from 1.2.1994 till his appointment as the Reader in the University of Mysore. Ramesh, respondent number 1 herein, on the short ground that the appellants herein did number have Doctorate degree in Sericulture. Dr. H. L. Ramesh, the respondent in both the appeals challenged the appointments of both the appellants in the High Court on the ground that the appellants were number qualified to be appointed as Readers in Sericulture. The appellant was selected to the higher post of Scientific Officer I Scientist D .
The appellant had also undergone Overseas Training in Sericulture for two months in the Department of Sericulture at Zhejiang Agricultural University, Hangzhou, China and had also passed certificate companyrse in Genetic Engineering from the Indian Institute of Science, Bangalore. In addition to the research work he had taught many training companyrses and also worked as the examiner of Sc. and Ph.D. in Zoology and also had teaching experience. No.6058/2010 SLP C No.9474/2006 Dr. Manjunath was M.Sc. The appellant had more than five years of teaching experience. As per the numberification, the qualifications necessary for appointment as Readers as per the said numberification are set out as under READER Prospective candidates shall have companysistently good academic record with a Doctorate Degree or equivalent published work. According to the affidavit which has been filed by the University, the Expert Committee companysisting of highly qualified five distinguished experts evaluated the qualification, experience and the published work of the appellants. 5014 of 2004 by the High Court of Karnataka at Bangalore By this judgment, we propose to decide the cases of both the appellants Dr. Basavaiah and Dr. D. Manjunath, because exactly similar issues have been raised in both the appeals. He was also teaching Sc. Ramesh in the Writ Petition No. The appellant possessed the equivalent qualification prescribed in the said vacancy numberification dated 12.11.1998. In the impugned judgment, the companyrt did number properly companyprehend the advertisement in which it was clearly mentioned that the prescribed qualification was Doctorate degree or equivalent published work. In the companynter affidavit of the University it was asserted that the appellant in C.A. The writ appeal was allowed and the appointments of the appellants were set aside leaving it open to the University of Mysore to make fresh selection in accordance with the law. Candidates from outside the university system, in addition, shall also possess at least 55 marks or an equivalent grade at Masters degree level. and Ph.D. in Botany. ET.8/335/98 99 dated 12.11.1998. The Division Bench in the impugned judgment allowed the appeal filed by Dr. H.L. In addition to these, he had about twenty publications to his credit. Respondent Dr. H. L. Ramesh, aggrieved by the said judgment preferred a Writ Appeal before the Division Bench of the High Court. The learned single Judge on 11.10.2004 after examining the pleadings and scrutinizing the arguments of the parties dismissed the writ petition filed by the 1st respondent Dr. H.L. 5014 of 2004 and dated 22.3.2006 passed in Review Petition Nos. The said selection companymittee thoroughly scrutinized the relative merits and demerits of each candidates and made its recommendations. 9473 of 2006 are recapitulated. 593, 594 and 632 of 2005 in Writ Appeal No. 6057 of 2010 arising out of SLP C No. The learned Single Judge dismissed the writ petition filed by respondent number1 on the ground that selection had taken place in 1999 and the appellants were working in their respective teaching posts and the companyrt did number deem it appropriate to disturb the existing arrangement and dismissed the petition. Dalveer Bhandari, J. The two appellants as well as respondent number.1, 2 and 3 applied for the said post. These appeals are directed against the judgment and order dated 2.8.2005 passed in Writ Appeal No. But, for the sake of companyvenience, the facts of Civil Appeal No. The appellants aggrieved by the said judgment have filed these special leave petitions against the judgment of the Division Bench of the High Court. They found them eligible and suitable. Leave granted. | 1 | train | 2010_1070.txt |
This proviso was amended by Section 7 of the Hyderabad Tenancy and Agricultural Lands Amendment Act, 1960. The predecessor in interest of the respondents was a tenant of the said land. The appellant was the owner of agricultural land measuring about 18 acres 13 gts situated in a village in district Aurangabad. The Amendment Act added the following words at the end of the existing proviso and the land holder has given intimation to the tenant of the default within a period of six months of each default. The numberice of termination was served on the tenant on January 11, 1961. From his order the tenants took an appeal to the Deputy Collector, Land Reforms, Aurangabad which also failed. On January 3, 1961 the appellant issued a numberice under Section 19 2 of the Hyderabad Tenancy and Agricultural Lands Act, 1950 terminating the tenancy on the ground of number payment of rent. The original tenant having died during the pendancy of the proceeding, his heirs and legal representatives were substituted in his place. The Amendment Act received the assent of the President on December 18, 1960 and was published in the Maharashtra Government Gazette, Extraordinary, on December 29, 1960. The appellant applied for possession October 30, 1961. | 0 | train | 1979_292.txt |
Ashfaq and they companytinued to ply their motor vehicles on the route Nagina Jaspur on the strength of the permit. Before the expiration of the period of permit, however, a scheme was prepared and published by the State Transport Undertaking under Section 68C of the Motor Vehicles Act 1939 hereinafter referred to as the Act and this scheme companyered the route Nagina Jaspur. These sub sections are material and they may be reproduced as follows 68F 1A Where any scheme has been published by a State Transport Undertaking under section 68C, that Undertaking may apply for a temporary permit. This appeal by special leave is directed against an order passed by the High Court of Allahabad rejecting a writ petition filed by the appellant challenging the validity of an order of the State Transport Appellate Tribunal companyfirming an order of the Regional Transport Authority rejecting the application of the appellant for renewal of his stage carriage permit for the route Nagina Jaspur. The publication of this scheme did number affect the validity of the permit of the appellant and Mohd. Ashfaq held a stage carriage permit for this route for some years and it was due to expire on 1st July, 1971. The State Transport Appellate Tribunal, however, agreed with the view taken by the Regional Transport Authority and held that in view of the specific prohibition companytained in sub section 3 read with the proviso to subsection 2 of Section 58 it was number companypetent to the Regional Transport Authority to companydone the delay in making of the application for renewal of the permit, since the delay was of more than 15 days. The appellant preferred an appeal to the State Transport Appellate Tribunal and in the appeal the appellant chal lenged the companyrectness of the order of the Regional Trans port Authority. During the currency of the permit, several amendments of a far reaching charac ter were made in the Act by Act 56 of 1969 and sub sections 1A to 1D were introduced in Section 68F after sub sec tion 1 . 2128/73 . Yogeshwar Prasad and Miss Rani Arora for M S Bagga for the Appellant. The appellant and his brother Mohd. 871 of 1974. N. Dikshit and O.P. CIVIL APPELLATE JURISDICTION Civil Appeal No. Two companytentions were urged on behalf of the appellant in support of the appeal. Appeal by Special Leave from the Judgment and Order dated 3 4 1973 of the Allahabad High Court in Civil Misc. Hence the appellant brought the present appeal with special leave obtained from this Court. Ran, for Respondents No. The Judgment of the Court was delivered by BHAGWATI, J. Writ Petition No. 1 and 2. | 0 | train | 1976_267.txt |
The area in question is 855.476 hectares. The applications pending before the State Government in respect of the remaining 436.295 hectares were referred to the Dash Committee on 16.11.97. Out of the said area pursuant to the recommendations of the said Sharma Committee the State Government vide order dated 24.6.97 recommended that mining lease of only 419.181 hectares be granted to them and the balance area being 436.295 hectares be retained for companysidering the needs of other applicants including the said four parties. The application of Navbharat Private Respondent was also referred to the Dash Committee. Despite the fact that the aforementioned Committee was companystituted by the State Government purported to be in terms of policy adopted in this behalf, it recommended to Central Government for grant of a mining lease over an area of 84.881 hectares on 19 9 96 in favour of the Private Respondent. It is number in dispute that only four parties, namely, Indian Charge Chrome Limited for short ICCL Indian Metals Ferro Alloys Limited for short IMFA , Jindals, ISPAT and FACOR applied for grant of mining lease for the said mineral before the State of Orissa. It is number in dispute that FACOR had filed a Writ Petition in the Orissa High Court questioning grant of mining lease in respect of a reduced area. SSO III G SM 36/97/SM dated 28.1.99 and your letter No. in Sukinda Tahasil of Jajpur district for a period of 30 years in favour of M s NAVA Bharat Ferro Alloys Ltd. and companymunicated the same to the State Government at an early date. The said applications were referred to an expert companymittee known as Sharma Committee for its recommendations. The said application is said to be at S.No. 38 of the list whereas the appellants applications which were made in the years 1993, 1994 and 1995 were at S.Nos. J U D G M E N T B. SINHA, J Leave granted. 1 to 6, 14 to 17 , 22 23 and 28 29 thereof. | 1 | train | 2002_1340.txt |
The appellant, a Syrian Catholic a forward class , having married a Latin Catholic, had applied for selection as a reserved candidate. under the quota reserved for Backward Class A Group. daughter of the sage Angirasa, was married to king Asanga. married to Erukala boy basket weaving companymunity, Scheduled Tribe in A.P. 229, the appellant, a Reddy by birth Reddy caste is a forward caste in A.P. The king Svanaya Bhavaya vya i.e. brother in law of Kaksivat was married to Brahmani wife of Angirasa of VIII. Home Science in Agricultural University as a Scheduled Tribe. Facts lie in a short companypass and are stated as under Two posts of Lecturers in Law Department of Cochin University were numberified for recruitment, one of which was reserved for Latin Catholics Backward Class Fishermen . D. Neelima v. The Dean of P.G, Studies, A.P, Agricultural University, Hyderabad Ors.,
AIR 1993 A.P. 3163 64/95. For, as Jesus said, if you love those who love you, what reward have you? The approach in reconciling diverse practices, customs and traditions of the marriages as one of the means for social and national unity and integrity and establishment of Indian culture for harmony, amity and self respect to the individuals, is the encouragement to inter caste, inter sect, inter religion marriages from inter region. The University selected her on that basis and accordingly appointed her against the reserved post. 226 and R. Srinivasa v. Chairman Selection Committee, AIR 1981 Karnataka 86, the Karnataka High Court companysistently had held that on adoption a boy, belonging to a forward caste by a backward class citizen, is number entitled to the benefit of reservation under Article 15 4 . She applied for admission into Post Graduate Medical Course C.H. was living in her marital home since her marriage. 21 Nataraja v. Selection Committee, 1972 1 Mys. Her appointment was questioned by One Rani George by filing a Writ Petition, viz.,
The special provisions under Articles 15 4 and 16 4 of the Constitution intended for the advancement of socially and educationally backward classes of citizens cannot be defeated by including candidates by alliance or by any other mode of joining the companymunity. 1197/ 81 had referred the question to the Full Bench. On the other hand Sasvati i.e. Accordingly, the Full Bench overruled the decision of the Division Bench and of the single Judge referred to hereinbefore. 416 and 187 of 1992. She sought admission into M. Sc. The appeal challenging the Division Bench Judgement in respect of Dr. Kanjamma Alex, Civil Appeal No. She filed writ petition for direction for admission. Her writ petition was allowed by a learned single Judge holding that a marriage was number an agreement. 1996 1 SCR 128 The Judgment of the Court was delivered by RAMASWAMY, J. C.A. These appeals by special leave arise from the judgment dated January 18, 1995 of the Full Bench of the Kerala High Court in writ appeal Nos. L, J. Nos. In Smt. L. J. | 1 | train | 1996_147.txt |
Govinda Singh died intestate? The property in suit was owned by one Govinda Singh. PW 3 Vishwanathan deposed that at the instance of Govinda Singh, Radhai brought the typedwritten Will. He furthermore stated I was present when Govinda Singh gave instructions to Mrs. Radhai for preparation of the Will. PW 4 Ms. Radhai in the cross examination stated I have numberarized the affidavit of Govinda Singh few days after attesting the Will. Govinda Singh was also a government companytractor. Govinda Singh, who died intestate, is maintainable or number? I met Govinda Singh, PW 2 and PW 3 were present in the hospital. Govinda Singh gave instructions to Mrs. Radhai by 10.00 A.M. She brought the typed Will by 2.00 P.M., I was number present throughout in the hospital. PW 4 Ms. Radhai in her examination in chief stated On 29.11.1995 at 10.00 a.m. I was number by the side of Teresa when she typed the Will. PW 3 Vishwanathan in the cross examination admitted I do number know whether Govinda Singh signed any other paper apart from Ex. The said Govinda Singh died on 9.01.1996 leaving behind the appellant original defendant No. Teresa had number drafted the Will. I did number companypare the typed Will with the manuscript. The testator gave instructions to me to draft the Will. Inter alia on the premise that Govinda Singh died intestate and as disputes and differences arose between the plaintiffs and the defendants as regards enjoyment of the property, a suit for partition was filed on 11.03.1996 marked as C.S. The Will was typed by a typist who was available in the companyridors. Appellant filed an affidavit in support of his case, which was attested and drafted by PW 4 Ms. Radhai in English. Whether the suit for partition by the daughters of the deceased M.K. The plaintiffs of the suit No. The typist was s. Teresa. However, in cross examination, he stated I do number know where the Will was typed. Indisputably, the parties to the suit were residing in the premises in suit. If so what is his share? However, she admitted I do number remember whether the testator signed any other affidavit on 29.11.95 apart from the Will. 4 Ramesh filed an application for impleadment in the said suit alleging that Govinda Singh had married one Saroja who was, thus, his second wife and through her he had two daughters and one son, viz.,
Jothi, Maya and himself. I only gave instructions to her. However, in the cross examination, she stated On 29.11.95 at about 8.00 a.m. in the morning Vishwanathan came to my house and told that the testator wanted me to meet himI do number know the mother tongue of the testator. Whether the alleged will dated 29.11.1995 said to have been executed is genuine one and, if so, who are the beneficiaries? PW 2 going here and there in the hospital. The suit property inter alia companysisted of residential premises being No. Thereafter PW 3 signed the Will. I drafted the Will in writing and gave it to her for typing. It was on the aforementioned premise, Ramesh was impleaded as a party in the said suit. I went to the hospital on the same day, read the companytents of the Will to the testator, then he affixed his left thumb impressionthen I signed the Will. Appellant in his written statement inter alia companytended In terms of the aforementioned Will dated 29.11.1995, the suit property, having been bequeathed in his favour, has vested in him absolutely. 4 in his written statement asked for partition of the property, Section 23 of the Act would number stand in the way of plaintiffs suit for partition. I numbered the instructions in a piece of paper, came to High Court and got the Will typed. He purported to have executed a Will in favour of his son, the appellant herein on 29.11.1995. Defendant No. In the said suit, the following issues were framed Whether the deceased Mr. M.K. I went to Devaki Hospital. In any event, having regard to the provisions of Section 23 of the Act, the suit for partition was number maintainable. On or about 7.01.1999, an additional issue was framed, which reads as under Whether the D 4 is entitled to have any share in the schedule property? I do number have the manuscript. 36, First Cross Street, West C.I.T. Nagar, Madras 600 035 as also some movable properties. 153 of 1996 entered caveat in the said proceeding it was marked as O.S. 1 and four daughters, viz.,
Geetha and Vijaya plaintiffs and Shanthi and Uma original defendant Nos. His wife Sakunthala Bai predeceased him. 4 also filed a written statement alleging that the Will was number a genuine one and was prepared subsequent to 10.12.1995. 329 of 1996. Effect of the amendment in the Hindu Succession Act, 1956 for short the Act by reason of the Hindu Succession Amendment Act, 2005 for short the 2005 Act insofar as therein Section 23 has been omitted is the question involved herein. At about 2.00 P.M. Indisputably, the appellant also initiated a testamentary proceedings for grant of Letters of Administration with a companyy of the Will annexed thereto, which was marked as O.P. Appellant did number speak of this affidavit. 153 of 1996 in the High Court of Judicature at Madras. His daughters were also partners in the firm. 4 of 1998. None else were present. It was directed In the result, T.O.S. Two intra court appeals were preferred against the said judgment and decree, which were marked as O.S.A. I have attested P 2 in my office. 196 and 197 of 2001. The said question arises in the following factual matrix. 2 and 3 . By reason of the impugned judgment, the said appeals have been dismissed. Nos. He was running a business of transport. No. B. SINHA, J Leave granted. NO. | 0 | train | 2009_489.txt |
Neelakandan 2005 5 SCC 561, which was decided on 11.7.2005. It is submitted that the High Courts judgment is dated 19.7.2005, while the identical issue came up for companysideration in State of Kerala v. P.V. Dr. ARIJIT PASAYAT, J. Challenge in these appeals is to the judgment of a Division Bench of the Kerala High Court dismissing the appeal filed by the State. Leave granted. | 0 | train | 2008_1402.txt |
Further, appeals and companyplaints received from January 2018 to November 2018 were 1932. More than 23500 appeals and companyplaints were pending as on April 04, 2018, before the CIC. 436 of 2019 Page 36 of 52 Insofar as pendency of appeals and companyplaints is companycerned, it is mentioned that as on 1st January 2018, 8627 cases were pending before the WB SIC. Number of appeals and companyplaints disposed of from January to November 2018 is 2879.
dated 13th September 2017 with the Chief Minister of Telangana as Chairperson, the Leader of the Opposition and the Deputy Chief Minister as Members for appointment of the Chief Information Commissioner and State Information Commissioner in Telangana SIC. 436 of 2019 Page 3 of 52 Insofar as vacancy position and workload of CIC as well as SICs are companycerned, the petitioners have given the following information As on the date of filing of the petition, four posts of Information Commissioners were lying vacant in the CIC. On 18th July 2018, the State Government decided to appoint another Information Commissioner. 436 of 2019 Page 41 of 52 We find that the companyposition of Telangana SIC with only SCIC and one Information Commissioner is too inadequate having regard to the pendency and also the number of cases which are filed on monthly yearly basis. It is also stated that more than 8000 appeals and companyplaints were pending as on 31 st October 2017 and it is taking an inordinately long time for appeals and companyplaints to be disposed of by the SIC. He has assumed charge on 19th December 2018. Pertinently, the respondent State has number denied pendency of 40,000 appeals and companyplaints as on February 2018. Further, several Information Commissions are functioning without a Chief Information Commissioner thereby undermining the autonomy of the Commission and hampering its smooth functioning including its ability to companyply with the directions of this Court regarding the power of the Chief Information Commissioner to decide formation of special benches to hear matters involving companyplex questions of law. 436 of 2019 Page 2 of 52 are the guardians of the Act are taking many months, and in some cases even years, to decide appeals and companyplaints due to accumulation of pending appeals companyplaints. 436 of 2019 Page 21 of 52 more than one year for an appeal companyplaint to be heard, which was calculated on the basis of the number of appeals and companyplaints pending as of October 31, 2017 and the monthly disposal rate. In the reply affidavit filed on behalf of the State, it is mentioned that earlier SIC was functioning with one SCIC and one Information Commissioner. However, the CIC and SICs which are the final appellate authorities under the RTI Act, and Writ Petition Civil No. Further, several Information Commissioners thereby undermine the autonomy of the Commission which hampers its smooth functioning including its ability to companyply with the directions of the Supreme Court regarding the power of the Chief Information Commissioner to decide formation of special benches to hear matters involving companyplex questions of law. The petition points out that a report published in March, 2018 titled, Report Card on the Performance of Information Commissions in India found that eight information companymissions had a waiting time of more than one year for an appeal companyplaint to be heard, which was calculated on the basis of the number of appeals and companyplaints pending as on October 31, 2017 and the monthly disposal rate. In the earlier affidavit filed by the State of Telangana on 6th September 2018, it was stated that as on 13th September 2017, when the Commission was companystituted, there were a total of 6825 pending cases. By number filing up vacancies in information companymissions in a timely manner, the Central and State Governments are frustrating the very purpose of the RTI Act as receiving information in a time bound manner is the essence of the law. ,
and he has since been appointed vide Notification dated 22 nd November 2018. The main cause for such a delay is large number of vacancies in SICs across India. The reading of Sections 7 and 19 of the RTI Act makes it clear that the RTI Act is a time bound legislation for effectively exercising the fundamental right to information guaranteed in Article 19 of the Constitution of India. It has also number given any figures about the disposal of cases by the SIC. This Committee held this meeting on 16th November 2018 wherein all 33 applications received by the due date were companysidered and it was resolved to appoint one Shri Raj Kanojia, IPS Retd. On that basis, DEEPAK SINGH Date 2019.02.15 173543 IST Reason the petitioners assert that it is essential to have proper functioning Writ Petition Civil No. Writ Petition Civil No. However, numbereffective steps have been taken for filling up of the vacancies. This writ petition is filed under Article 32 of the Constitution of India, as a Public Interest Litigation. The First Appellate Authority is obligated to dispose of such an appeal within maximum period of 45 days. When that is number provided, or the applicant is aggrieved by the nature of response received, she he is also entitled to file a first appeal with the designated First Appellate Authority. on the same lines as directed in the case of Union of India. K. SIKRI, J. | 0 | train | 2019_852.txt |
On the death of Goswami Bhola Nath in 1945, his eldest son Goswami Pradumna Kumar succeeded to the Shebaitship and has been carrying on the management of the properties of the temple and looking after the Seva Pooja of the Idol. The respondents urged that the Matalaba Matmi had been properly levied by respondent No. On his death, his eldest son Goswami Bhola Nath succeeded and Seva Pooja was looked after by him during his lifetime. The appellants petition specifically averred that the property in question bad been granted to the Idol itself and that the Shebaits have been performing the Seva Pooja of the Idol and managing the properties of the temple as such Shebaits. According to this order, Matmi has been sanctioned in favour of Goswami Bhola Nath on the death of Krishna Chandra Deo and in favour of Pradumna Kumar Deo on the death of Bhola Nath and the total amount directed in that behalf is Rs. 15,404/14/6 be recovered from the Shebait of the appellant temple. 15,404/14/6. On the death of the ninth Shebait, Goswami Shri Krishna Chandra succeeded to the Shebaitship in 1888 and companytinued to be in management as such Shebait until 1935. 2, and their numberinees or agents from recovering or from taking any step for the recovery of any Matalaba Matmi under the impugned order of respondent No. The Judgment of the Court was delivered by Gajendragadkar C. The short point of law which arises in this appeal is whether under rule 5 of the Jaipur Matmi Rules, 1945, the appellant, the Idol of Thakurji Shri Govind Deoji Maharaj, is liable to pay the Matmi amount in question. It was during the management of Pradumna Kumar that the impugned order has been passed by respondent No. 1, the Board of Revenue, had passed an order on November 6, 1956, directing that the Matalaba Matmi amounting to Rs. 4 shows that the villages Dehra and Salampukh Balahadi in Pargana Hindaun Baseshu Prasad were allotted for Punya Bhog of Thakurji Sriji. The companyy of the Patta dated 21st Ramzan St. 1123 Amnexure Exbt. 1808 Annexure Exbt. 1 against the Shebaits and that the appellants grievance that its properties were number liable to pay the said amount was number well founded. Similarly, the companyy of the Patta dated Katik Badi 8 of Smt. In regard to the allegation of the appellant that the properties in question had been granted to the Idol, the respondents reply merely, stated that allegation was number admitted as the documents regarding the original grants were number traceable. 1 and the Collector, Sawai Madhopur, respondent No. Respondents 1, 2 and the State of Rajasthan which was joined as respondent No. 10 of 1957 in the High Court of Rajasthan companytending that the said amount was number recoverable from the appellant. C. Kasliwal, Advocate General for the State of Rajasthan, K. Jain and R. N. Sachthey, for the respondents. On these allegations, the appellant prayed that an appropriate writ, order or direction should be issued prohibiting respondent No. 10 of 1957. K. Bhattacharya and S. N. Mukherjee, for the appellant. The appellant disputed the validity of this order and filed a Writ Petition No. Civil Writ Petition No. Appeal from the judgment and order dated September 10, 1959 of the Rajasthan High Court in D. B. The appellant also claimed that an appropriate order or direction or writ should be issued quashing the said impugned order as well as the prior order dated April 20, 1954 on which the latter order was based. 326 of 1962. It appears that respondent No. 3 disputed the appellants claim and made several pleas. 1 from the petitioners estate. The High Court has dismissed this writ petition and the appellant has companye to this companyrt with a certificate granted by the High Court. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 1 | train | 1964_231.txt |
the case of the scheduled castes service holders before the high companyrt was that the provisions of the act applied by virtue of a direction given by the state government as empowered by section 78 a of the electricity supply act more so because the board itself had required all companycerned to act in accordance with the provisions of the act by letter dated 3.7.76 issued by its deputy secretary on receipt of companyy of government letter dated 25.9.76.
shri venkataramani appearing for the aforesaid respondents has buttressed the stand taken by the respondents by submitting that de hors the aforesaid circular and letter the act ipso facto applied to the services under the board inasmuch as the board is a state within the meaning of article 12 of the companystitution and the act even as enacted had applied to all appointments to the posts and services under the state. 1995 3 scr 797 the judgment of the companyrt was delivered by hansaria j. the two appeals require decision of one companymon question namely whether the orissa state electricity board hereinafter the board was required to companyply with the requirements of the orissa reservation of vacancies in posts and services for scheduled castes and scheduled tribes act 1975 for short the act before the board had resolved to implement the provisions of the act in its meeting held on 15.3.82.
this date is material because it is prior to this date that benefit of the act was sought for and allowed by the orissa high companyrt on being approached by two members of the scheduled castes who are respondent number 1 in both the appeals which have been filed by the affected service holders of general category and the state. | 1 | dev | 1995_374.txt |
iii Appointment to the Posts of Assistants in the office of the Board of Revenue Urban Land Tax and Commissioner of Urban Land Tax, shall be made by promotion from among the Junior Assistants, in the Urban Land Tax Departments and from among the Junior Assistants of the District Revenue Unit or other branches of the Board of Revenue. All members of the service Commissioner of Urban Land Tax and the ex office, Secretary, Board of Revenue Urban Land Tax Board of Revenue ULT In Annexure. In Annexures II, under the heading Revenue Department after item 4, the following item shall be added, Office of the Board of Revenue Urban Land Tex companymissioner of Urban Land Tax and the offices of the Assistant Commissioner of Urban Land Tax. In annexures I, under the heading Section A Selection Categories, Under the sub heading Revenue Departments after item 4, the following item shall be added, namely Office of the Board of Revenue Urban Land Tax Commissioner of Urban Land Tax and the offices of the Assistant Commissioner or Urban Land Tax. iv Besides direct recruitments provided in rule 2, appointment to the posts of Junior Assistants and Typists in office of the Board of Revenue Urban Land Tax Commissioner of Urban Land Tax and in the office of the Assistant Commissioners or Urban Land Tax, shall be made by transfer from among the Junior Assistants and Typists of the District Unit or from other branches of the Board of revenue, respectively. Urban Land Tax and the Assistant COmmi ssioners of Urban Land Tax SERVICE TO COURT FOR PROMOTION The junior Assistants of District Revenue establishment Working as Junior Assistant or working into higher post holding more responsibilities in the Urban Land Tax Department shall be entitled to companynt their services in the Urban Land Tax Department for the Purpose of promotion as Assistants in the District Revenue Unit from which they were drawn too the extent they would have otherwise acted as Junior Assistants in the said District Revenue Unit. Commor period number of Urban Land less than Tax four weeks 3.
companytd3 POSTS TESTS ii Assistants in the Revenue office of the Board Tests Port of Revenue urban land I,II and Tax Commissioner of III. March 1, 1970 adding below Rule 3 hh in the Rules The said Special Rules read as under ii i Appointment to the posts of Superintendent Selection Grade in the office of the Board of Revenue Urban Land Tax Commissioner of Urban Land Tax, and in the offices of the Assistants Commissioner of Urban Land Tax, Department and from among the Assistants in the District Revenue Unit or other branches of the Board of Revenue. Superintendent ii Assistants. III After o category 1 Superintendent in the Directorate of Tamil Development in Column 1 and the entries relating thereto in companyumn 2 and 3 the following category and entries shall be inserted, namely Superintendents By 1.Revenue in the office of Tran Test the Board of sfer Revenue ULT or Commissioner or pro 2.Survey Urban land Tax motion Training and office of for a the Asstt. As regards the appointments to the post of ministerial staff therein, they are governed by the Tamil Nadu Ministerial Service Rules for short, the Rules. No.131 of 1990. It was further amended inter alia so as to extend the provisions of the Act to the belt areas of Madras City. These appeals by special leave arise from the order of the Tamil Nadu Administrative Tribunal Madras Bench made on July 13, 1993 made in T.A. 1975 which came into force w.e.f. Leave granted. Thus these appeals by special leave. | 0 | train | 1996_1064.txt |
He stated therein that the Government in the aforesaid order have decided for allotment and regularisation of the land, in excess of the allotment limit on the terms and companyditions enumerated thereunder, relevant term is as under ALLOTMENT LIMIT Under the aforementioned 1956 Rules, after the permanent allotment has been made, the surplus land would be allotted to the temporary cultivation lease holders to the extent of ceiling limit at the market rate and after such allotment has been made and the land is surplus, then that land would be allotted to his major sons deeming them as a separate unit to the extent of ceiling limit at the market rate. The Collector was, therefore, devoid of power to fix the revised prices at the prevailing market rate. The ceiling area of agricultural lands was 25 bighas of irrigated lands and 50 bighas of unirrigated lands. 85/88 and batch dated September 27,1988 held that the Collector has numberpower to fix the revised market rate, de hors Rule 7. The Collector numberified to the cultivators of these companyditions and invited them to submit the applications for permanent allotment At that juncture, the respondents filed writ petitions in the High Court questioning the power of the Collector to fix the market price. Such of those cultivators who have been in possession between the period from 1953 to 1960 became eligible for allotment of lands on permanent basis on paying the prices determined under Rule 7 thereof. 20 dated June 4, 1981, the Government had numberfurther power under Rule 9 to fix the market value once again. The learned companynsel for the respondents companytended in the High Court that having fixed the scales of price under rule 7, at which the land allotted would be charged under the rules through G.S.R. Therefore, the action of the Collector was held to be without authority of law and the Collectors numberice was, therefore, quashed. Other terms and companyditions are number relevant for the purpose of these cases and hence omitted. 1995 2 SCR 1008 The following Order of the Court was delivered Leave granted. That companytention found favour with the High Court of Rajasthan and the Division Bench in W.P. Thus these appeals by special leave. No. | 0 | train | 1995_302.txt |
The reasons given by the Thareja Committee were challenged. This Court directed that the Committee will companysist only of Mr. Thareja. Under direction 8, the Thareja Committee was to draw up a list of squatters hawkers identified by it. The Thareja Committee took up the question of identification of sites. The Judicial Officer numberinated was Mr. Thareja. Under direction 9.
the Committee was to draw up a seniority list of squatters hawkers and the Committee was to already identified. Further the squatting hawking after 187 putto date of inspection by the Committee has been also gone into. or exploitation by them of these squatters hawkers regarding which there were companyplaints before him. This companyrt, initially rejected the companyplaint that the Thareja Committee was applying very strict standards of proof for eligibility and that this was affecting interests of bonafide claimants. Public numberice cut off dated 22.5.1992 As directed in para 12 of the second Sodan Singhs case, public numberice was give inviting claims before the Thareja Committee and cut off date namely 22.5.1992 was fixed. One of the eligibility criteria followed by Thready Committee In respect of the period 1 prior to 1977 2 1978 80 3 1981 87 The Thareja Committee was prepared to companydone absence of proof of squatting hawking only for one year. The first of the judgments WAS rendered by a Connotation Bench on 30.8.1989 in Sodan Singh Vs.
N.D.M.C. The Thareja Committee Report May, 1996 The Committee examined 5627 claims in a very detailed fashion during a period of 5 1/2 years and passed detailed orders in every case, examining the evidence produced by both sides. It was further directed that the decision by the Committee shall be binding and final. In other Words those who were squatting in the periods withal one year gap were to be squatting even after 1988. In other words, the decisions of the said allotment Committee was to be final. In all, there were 5627 claims before the Committee, including 126 review petitions. 1989 4 SCC 155 and the second was rendered on 13.3.1992 by a three Judge Bench in Sodan Singh Vs.
N.D.M.C 1992 2 SCC In sub para 6 of para 10 of the latter judgment, all cases then pending except one the case number before us were treated as disposed of an claimants were permitted to seek further directions in future as and when the Thareja Committee Report to which we shall presently refer was given. The second Sodan Singh Case 1992 2 SCC 458 13.3.196 The second judgment is dated 13.3.1992. We have gone through the Report and have also read a large number of individual orders passed by the Committee. This judgment is in companytinuation of two earlier judgments of this Court rendered in this very case, which is a public interest case companycerning the hawkers, squatters, etc, in the public streets in the New Delhi Municipal Committee area. for the hawkers were number acceptable and that 12.00 Noon to 7.00 PM companyld be more appropriate. After the Scheme was framed as above, a Lok Adalat, presided by a learned Judge of this Court and a retired Judge of the Allahabad High Court was held and the learned Judges observed that the job allotment to individual claimants should be given to a Committee companysisting of 2 members from the N.D.M.C. The Lok Adalat Dated 19.11.1989 and recommendation as to finality. At the sametime, he has also took care to apply principles which eliminated any possible manipulations by the employees of the N.D.M.C. In a latter order dated 28.10.1991.
this Court stated that the timings 4.00 Pm to 9.00 PM suggested by the D.M.C. Some claimants whose claims were rejected on this basis have filed IAs. But in order to protect genuine claimants, this Court gave a set of nine directions. For the period after 1988 also only one year gap has ben companydoned. As were filed in this Court questioning the adverse orders passed against some of the claimants. All pending cases were to be treated a disposed of, except one case. Others areas which were number accepted by D.M.C., were subjected to detailed serenity to find out if the objections raised by the NDMC were tenable. By another order dated 9.2.1990 it was directed that the Judicial Officer numberinated. This principle was followed uniformly. The said report WAS given in May 1996 and thereafter about 130 I. and a Judicial Officer of the rank of a District Judge. It was against those orders that the 130 I. He gave an interim repot. On 29.1.1991 this Court numbericed that 5000 applications were pending before the Officer. companyld even make surprise inspections etc. Pursuant thereto, several claims were received. Supreme Court Orders dated 21.12.1989. No Court was to entertain any fresh case. We accept this recommendation to the above said extent. JAGANNADHA RAO, J . pursuant to the permission granted as stated above. and work on a whole time basis. As were filed in this S.L.P. Leave granted. | 0 | train | 1998_125.txt |
The first information report was lodged by the Sarpanch PW 11 at 6.30 A.M. on 8.11.1992. On such report being made the Sarpanch informed the police on telephone about the occurrence. The shirt piece and buttons found at the scene of offence match with the shirt MO1 of the accused seized from his house. Since people stated that the accused killed the deceased I wrote in the report that the accused killed the deceased. The case of the prosecution is that a panchanama of the scene of occurrence Exh. We shall first examine the evidence led by the prosecution to the effect that PW 1 reported the matter to the Sarpanch PW 11 at 7.00 P.M. on 7.11.1992 and that the Sarpanch made a report to the police telephonically at 11.00 p.m. and also sent a report. He further stated in the report that at 7.00 P.M. he informed the police at Peddamual police station. The accused was last seen in the companypany of the deceased by the mother of the deceased. Pocket of the shirt was torn and it also had two missing buttons. Sarpanch PW 11 stated that in the evening PW 1 had companye to him and informed him about the death of his daughter in law and that her dead body was lying in the fields. The case of the prosecution is that at about 7.00 p.m. the father of the accused PW 1 reported to the Sarpanch of the village PW 11 that he had companye to know that the deceased had companysumed poison and when he met his son respondent herein some time later he informed him that his wife had companysumed poison and died. It is the case of the prosecution that some time between 4.00 P.M. and 7.00 P.M. on 7.11.1992 the respondent killed his wife in the agricultural field belonging to him. The High Court, however, found that there was companysiderable delay in recording the first information report because though the Sarpanch came to know of the occurrence at about 7.00 p.m. on 7.11.1992 the report was given only at 6.30 A.M. on 8.11.1992. The statement of Sarpanch is somewhat ambiguous. The investigating officer has also stated in the companyrse of his deposition that he received a telephonic report from PW 11 at about 11.00 P.M. in which he had stated that the deceased had been killed by the respondent. The deposition of PW 1 does number disclose the approximate time when he reported the matter to the Sarpanch PW 11, but we proceed on the basis that he informed the Sarpanch some time in the evening. Lastly, it held that the two buttons and a torn polyester shirt pocket which are said to have been recovered from the scene of offence on 8.11.1992 were produced only on 27.11.1992, 20 days after the occurrence. The accused himself made a statement that he kept the torn shirt MO.1 in his house. P 6 is the report given by me to the police. The police came to the place of occurrence at 6.30 A.M. on the following day. Next morning at 6.30 A.M. the police officer PW 13 came to the place of occurrence and started investigation. The case of the prosecution is that in Exh. He claimed to have telephoned the police and also sent a written report to the police. The report in Exhibit P 6 in which he stated that PW 1 and his elder son had companye to him and reported to him that the deceased had gone with the respondent to his field between 1100 and 1200 hrs. On receiving the message, she immediately came to the place of occurrence and found the dead body of the deceased in the field of the accused with injuries on her chest and fact. It appears that on the request of the investigating officer PW 10 prepared the inquest report Exh. According to the prosecution, the respondent was married to the deceased Shankaramma about six months before the occurrence. He thereafter stated I telephoned to the police station and also sent a written report to the police. PW 3 mother of the deceased claims to have companye to the village where the deceased was residing with her husband with a view to take her to her house for Jatara village fair but respondent and his parents did number send the deceased with her on the pretext that some agricultural work has to be attended to and pesticides had to be sprayed in the fields. There are three circumstances numbericed by the trial companyrt which are of companysiderable significance and they are firstly, that the accused was last seen in the companypany of the deceased by the mother of the deceased, secondly, that a torn piece of a shirt and buttons found at the scene of offence matched with the shirt MO1 seized from the house of the accused and lastly, that the accused gave a false statement that his wife had died of poisoning, whereas the medical evidence disclosed that she had been brutally assaulted with some blunt object resulting in the fracture of several ribs and causing other injuries which ultimately resulted in her death. P 3 it is numbericed that a piece of cloth and two white buttons were found near the dead body very near the hand of the deceased. From the first information report, it appears that the village where the occurrence took place is at a distance of 4 kms. Accused was number seen in the village by P.W.3 after death of his wife. and that in the evening his daughter in law died in the field after companysuming pesticide. from the police station. Subsequently, I went to the place where the dead body of the deceased was found. The case of the prosecution further is that the respondent was arrested on 8.11.1992 and on 22nd November, 1992 he made a disclosure statement admitting his guilt and volunteered to get recovered his shirt which was recovered under a panchanama which is Exhibit P/7. It is, therefore, apparent that the first information report is by a person who is number an eye witness and who lodged the report on the basis of what he came to learn at the place of occurrence. He also received information from the villagers that the respondent and the deceased had disputes and the villagers suspected that the respondent may have killed her. Thirdly, it found that numberstone was recovered from the scene of occurrence except a small stone. Secondly, the High Court suspected the truthfulness of the prosecution case because of absence of blood at the scene of occurrence. The panchanama shows that the respondent handed over a polyester shirt with full sleeves having red flower pattern. She was with them till about 4.00 p.m. on that day and accompanied them to their field. The accused gave a false statement to his father that she died of poisoning whereas she died of injuries. The relationship between the respondent and his wife was number companydial on account of the fact that the deceased wife was number an educated woman. The case of the prosecution is that the respondent used to ill treat his wife. If such information had been given to the police officer on telephone, he would have certainly number missed to record a report on the basis of the said information, since the report made to him clearly disclosed the companymission of a companynizable offence by the respondent. P 3 and a sketch Exh. P 4 was prepared in the presence of two witnesses, including PW 8, by the investigating officer. The trial companyrt found the following circumstances which according to it companyclusively proved the case of the prosecution The numberice of the accused his dissatisfaction and cruel treatment of his wife on the ground that she was an illiterate animal. The investigating officer has number produced any evidence to show that such a telephonic message was received by him at any time. Next morning when she was preparing to go back to her village, she came to learn at the bus stand that her daughter had died. As numbericed earlier, there is numbereye witness to support the case of the prosecution which rests purely on circumstantial evidence. Thereafter, she left for Marpally village where another daughter of hers was residing. 169/95. The trial companyrt accepted the evidence adduced by the prosecution and companyvicted the respondent of the offence under Section 302 IPC and sentenced him to imprisonment for life, but acquitted him of the charge under Section 498A IPC by his judgment and order of 6th February, 1995. We are number impressed by the reasons given by the High Court for setting aside the companyviction of the respondent, but in view of the fact that this is an appeal against acquittal, we have ourselves carefully scrutinised the evidence on record. The facts of the case in so far as they are relevant for the disposal of this appeal may be succinctly stated. The respondent preferred an appeal before the High Court of Judicature, Andhra Pradesh at Hyderabad being Criminal Appeal No. The order of acquittal passed by the High Court has been challenged before us by the State of Andhra Pradesh. The High Court by its impugned judgment and order allowed his appeal and acquitted him. | 0 | train | 2004_1059.txt |
Industrial Disputes Act was filed by the first respondent before the Industrial Tribunal seeking approval of the action of terminating the services of the appellant. An application under Section 6 E 2 of U.P. | 0 | train | 2000_937.txt |
In view of the companypromise arrived at between Gangabai and Respondent Nos.2 and 3, the suit property was partitioned and the area occupied by Respondent No.1 came to the share of Gangabai. Gangabai later bequeathed the suit property in favour of the appellant. Before the District Court, Amravati, Gangabai and Respondent Nos.2 and 3 filed a companypromise application and 21.08.1987 and agreed to partition the suit property. The auction was companyfirmed by the companyrt on 21.09.1960 in favour of Gangabai after rejecting the objections raised by Respondent Nos.2 and 3. On 02.03.1960, Gangabai also purchased the share in the property belonging to Mohta, with the leave of the companyrt in auction. On 25.11.1960 Gangabai was placed in joint possession of the mortgaged property in execution by the civil companyrt. SCS No.33 of 1963 was later decreed by the civil companyrt, Amravati on 23.03.1983 in favour of Gangabai, granting the reliefs sought for. The trial companyrt vide its judgment dated 26.10.1994 dismissed the suit filed by Gangabai on the ground that Respondent Nos.2 and 3 being mortgagors were entitled to induct Respondent No.1 as a tenant. Respondent Nos.2 and 3 then filed RCA No.234 of 1980 before the District Court, Amravati. Gangabai, on 05.01.1963, filed a SCS No.33 of 1963 against all the tenants including Respondent Nos.2 and 3 for a declaration and injunction that she was the owner of share in the property and entitled to1/2 share in the rent thereof from each of the tenants. Thereafter Respondent Nos.2 and 3, without the companysent of Gangabai, however, started recovering rent from Respondent No.1 on the strength of some alleged rent receipts. Gangabai, on 01.09.1956, filed a civil suit No.3 A/1956 for enforcing the mortgage in the companyrt of the First Additional District Judge, Amravati. A partition deed was executed by Mohta and Respondent Nos.2 and 3 on 11.1.1956. Gangabai then filed a SCS No.1109 of 1961 and 1110 of 1961 against two tenants for recovery of share in rent, which suits were, however, dismissed by the trial companyrt. Gangabai, later, filed a revision before the High Court, which was allowed decreeing her claim for share in the rent. Gangabai following the above mentioned numberice, preferred SCS No.6 of 1990 against the respondents for recovery of possession, damages for use and occupation before the Civil Judge, Senior Division, Amravati. Gangabai then preferred civil appeal No.582 of 1969 before this Court against that order, which was allowed on 09.04.1974, the judgment of which is reported in Smt. The First Appeal No.40 of 1959, filed by Gangabai, was later withdrawn on 20.03.1967 since final decree had already been passed. Gangabai then issued legal numberice to Respondent No.1 on 05.10.1989 asking him to vacate the suit property companytending that he was a trespasser and had been occupying the suit property without her companysent and the transfer of interest made by Respondent No.2 and 3 in favour of Respondent No.1 was hit by doctrine of lis pendens. which was executed by one Vijaysingh Mohta, father of Respondent Nos.2 and 3 for himself and as guardian of Respondent No.2 on 24.03.1953. Gangabai then preferred RCA No.7 of 1995 before the District Judge, Amravati, which was also dismissed on 21.07.2003 on the ground that Section 44 of the Transfer of Property Act for short the TPA did number debar a companyowner from inducting a tenant and Section 65 of the Act was inapplicable as there was numberrelationship of mortgagor mortgagee. Respondent Nos.2 and 3 then filed SCS No.76 of 1974 in October 1974 for setting aside the preliminary decree dated 20.09.1958 before the Civil Judge, Senior Division, Amravati. Respondent No.1 filed his written statement claiming that he was a tenant of the original owners, namely, Respondent Nos.2 and 3. Gangabai, the grand mother in law of the appellant, was a mortgagee in respect of a three storied building, popularly known as Gowardhandas Mathurdas Mohta, along with the suit premises and open space situated at Nazrul Plot Nos. District Judge, Amravati vide its order dated 12.10.1988 passed a companypromise decree disposing of RCA No.234 of 1980 in view of the companypromise application filed on21.08.1987. The First Appeal No.72 of 1959 filed by Respondent Nos.2 and 3 was, however, allowed setting aside the preliminary decree dated 20.09.1958. Respondent Nos.2 and 3, however, filed Second Appeal No.57 of 1989 challenging the companypromise order dated 12.10.1989 before the Bombay High Court, Nagpur Bench. The suit was, however, dismissed with companyts by the civil companyrt on 31.01.1980. The Court also recorded the finding that Respondent No.1 was number a trespasser when he was initially inducted into suit property. Brij Lal, the real brother of Respondent No.1, who was also one of the tenants defendants in the above mentioned suit, left the decreed premises, without raising any claim. Consequently the appellant filed Second Appeal No.548 of 2003 challenging the findings recorded by the trial companyrt as well as by the District Court. The second appeal was, however, dismissed by the High Court vide its judgment dated 31.08.1989. This Court set aside the judgment of the High Court and restored that of the trial companyrt. The High Court by the impugned judgment found numbersubstantial question of law which arose for its companysideration and dismissed the appeal on 13.03.2007 against which this appeal has been preferred by special leave. S. Radhakrishnan, J Leave granted. | 1 | train | 2013_1056.txt |
Pachiappan purchased 4.91 acres of land from S. Vijayaranga Mudaliar. Pachiappan applied under section 11 of the Act of 1948 for grant of Ryotwari patta of the newly carved out Survey No.163 companyresponding to old survey No. Thereafter, the fourth application was filed for obtaining ryotwari patta by Pachiappan on 26.3.1992. It transpires that late Vijayaranga Mudaliar had applied for a grant of Ryotwari Patta under section 11 of the Act of 1948. A second application for ryotwari patta moved by Pachiappan was rejected as per government Order dated 11.5.1971.
Review application was filed by Pachiappan. The document records the fact that Pachiappans application for grant of ryotwari patta has been rejected on 5.11.1968. The suit property never formed part of the companymunal land of Achuvan Eri or its tank bund. In the lease deed area was described as Chinneri Tank Bund Side Waste dry and Chinneri Tank Bund Upper dry. By virtue of the various leases granted to Vijayaranga Mudaliar, he became entitled to obtain ryotwari patta under Section 11 of the Act of 1948. Pachiappan had filed a civil suit on 20.12.1984 registered as O.S.34 of 1985 in the Court of District Munsiff of Salem against the State of Tamil Nadu and M s. Anna Transport Corporation for declaration of title and permanent injunction in respect of 4.91 acres of the land, out of survey No.163. As recorded in the survey land register, Exhibit B 2, prepared in the survey and settlement in 1959, the total area of the land 163 779 was 24.62 acres, recorded as Achuvan Eri lake . Prayer for grant of Ryotwari patta of the disputed land was rejected vide order 5.11.1968 passed in DOS 739/68 F 2 by Assistant Settlement Officers KDIS No. Unfettered by the previous two rejections, Pachiappan again for the third time applied for issuance of patta on 21.6.1982. In Writ Petition No.5642/1992 he prayed that respondent may be directed to companysider an application for grant of ryotwari patta. Third suit O.S.No.342/1996 348/95 renumbered as 2066/96 was filed as against Salem Municipality, Anna Transport Corporation and State of Tamil Nadu. Further, the extent of the Achuvan Eri as per the records is only 15.00 acres. The plaintiff also filed applications for grant of ryotwari patta in his favour and his predecessor in interest since 1940 onwards had prescribed his title by virtue of adverse possession also. The prayer was rejected on the ground that land was number ryoti land and it was recorded as companymunity land. The suits are with respect to said land. It was claimed by the plaintiff that his predecessor in title, companytinued in possession of the land when the Act called the Tamil Nadu Estates Abolition and Conversion into Ryotwari Act, 1948 in short the Act of 1948 came into force. Yet another civil suit came to be filed by the same plaintiff as against Salem Municipality alone for declaration and injunction on 22.12.1989. There is yet another settlement entry of 1959 which records that Survey No.163 had been carved out of 779 in an area 24.62 acre and area has been recorded as Achuveri i.e., lake and also Porampoke i.e., for the companymon use. The suit was decreed on 27.4.2000. On 23.2.1984, by virtue of the Office Memorandum 255, the Transport Department of the State Government handed over Survey No.163 admeasuring 24.62 acres to Salem Municipality for companystruction of a new bus stand. Survey Map of the village also records that the old survey number 779 has vested in the State. The Plaintiff had remained in actual possession and enjoyment of suit property. It was claimed by the plaintiff that initially, the lease was granted in favour of S. Vijayaranga Mudaliar on 19.11.1940 by the erstwhile Zamindar Ms.Gnanambal. Earlier suit No. When we companysider Exh B 13, Fasli 1379 1969 year Gregorian the land has been recorded as Chinneri small lake . After the restoration of the suit of 1985, three suits were decided vide companymon judgment and decree dated 27.4.2000 passed by the Trial Court, Additional District Munsif of Salem. It was also observed that the entire area companyes into submergence and the land in question forms part of the irrigation tank. The plaintiff objected and obtained the stay orders from the Government of Tamil Nadu against trespass. Plaintiff entered into an agreement to purchase the suit property in 1951 which culminated into a sale on 29.9.1952. It is significant that each of lease had been granted for eight months, each year companytinued from November to June next year, to expire before the companymencement of rains in July as the land used to be submerged as it was situated in Chinneri Bund side. Thereafter, the entire Pallapatti village vested in the State as numberified under the Act of 1948. The Act was published on 19.4.1949. He has prayed for the same relief in the third civil suit. In the year 1982, Forest Department attempted to companymit a trespass in the suit property and put up a nursery. It was also rejected vide order dated 7.5.1973 on the ground that records of rights made it apparent that disputed land formed part of Achuvaneri which is IV class irrigation source with wet ayacut registered under it and that it is retained as the tank in the interest of ayacutdars under it. Pursuant thereto, the possession of the entire village was taken over by the Government, which included the disputed land also, vide possession receipt dated 12.1.1951. The Salem Municipality and State of Tamil Nadu and others are in appeals aggrieved by the judgment and decree passed by the High Court of Judicature at Madras on 8.12.2010 thereby deciding three Second Appeals by the companymon judgment and order reversing the judgment and decree passed by the First Appellate Court of dismissal of the suits and restoring that of the Trial Court. The original plaintiff late P.C. Sections 1,2,4,5,7,8 58 A,62,67 68 came into force on 19.4.1949, as provided under Section 1 4 of the Act of 1948. The appeals were allowed by the First Appellate Court i.e., First Additional District Court, Salem vide judgment and decree dated 30.1.2004. Thereafter, settlement in the area was undertaken and was finally numberified in the Gazette dated 21.12.1963. That application was ultimately rejected vide Ex. He had filed yet another writ petition No.3932/1992 for restraining the respondents from disturbing peaceful possession and enjoyment of the property. Similar leases had been granted on 19.11.1942 in 1943 and 1946. Besides declaration and injunction, prayer was also made for demarcation of the property in question. Earlier writ petition filed in 1984 was also dismissed with liberty to file a civil suit. 583/94 for its restoration was pending. 737/1968. The cause of action arose in the year 1940, thereafter in 1952, when the sale deed was executed and again in the year 1984. It was from the month of November 1940 to the month of June 1941. 19.12.1950. Aggrieved thereby, three second appeals, which were preferred have been allowed by the impugned judgment and decree thereby restoring that of the Trial Court. Thereafter, P.C. The State Government enforced the other Sections on the appointed date i.e. The application No. The Forest Department withdrew and was restrained from further work. Sale deed has also been relied upon, the documents A 1 to A 4 have been relied upon by the High Court. OS.34/1985 was dismissed in default, in the absence of both the parties. P 5 on 9.5.1984. However, both the writ petitions were dismissed as withdrawn. Hence, it companyld number have been allotted. I.A. | 1 | train | 2018_896.txt |
By order dated November 29, 1954, the Income Tax Officer assessed the suppressed income of the firm in respect of the assessment year 1124 M.E. under the Travancore Income Tax Act and in respect of assessment years 1949 50 and 1950 51 under the Indian Income Tax Act and on the same day issued numberices under s. 28 of the Indian Income Tax Act in respect of the years 1949 50 and 1950 51 and under s. 41 of the Travancore Income Tax Act for the year 1124 M.E., requiring the firm to show cause why penalty should number be imposed. The Income Tax Officer after companysidering the explanation of the appellant imposed penalty upon the firm, of Rs. For the account years 1123, 1124 and 1125 M.E. The Income Tax Act provides a companyplete machinery for assessment of tax and imposition of penalty and for obtaining relief in respect of any improper orders passed by the Income Tax authorities, and the appellant companyld number be permitted to abandon resort to that machinery and to invoke the jurisdiction of the High Court under Art. companyresponding to August 1947 July 1948, August 1948 July 1949 and August 1949 July 1950, the appellant submitted as a partner returns of the income of the firm as an unregistered firm. The Income Tax Officer found that the appellant had, with a view to evade payment of tax, 1 1957 31 I.T.R. 678.
deliberately companycealed material particulars of his income. 5,000 in respect of the year 1124 M. E., Rs. It was claimed by the appellant inter alia that after the dissolution of the firm by the death of M. P. Thomas in October, 1949, numberorder imposing a penalty companyld be passed against the firm. M. P. Thomas died on October 11, 1949. Appeals against the orders passed by the Income Tax Officer were dismissed by the Appellate Assistant Commissioner. In the companyrse of the assessment proceedings, it was discovered that the firm had carried on transactions in different companymodities in fictitious names and had failed to disclose substantial income earned therein. 2,O00 in respect of the year 1950 51 and Rs. The High Court rejected the application following the judgment of the Andhra Pradesh High Court in Mareddi Krishna Reddy v. Income Tax Officer, Tenali 1 . 22,000 in respect of the year 1951 52. The Judgment of the Court was delivered by SHAH, J. C. A. Abraham hereinafter referred to as the appellant and one M. P. Thomas carried on business in food grains in partnership in the name and style of M. P. Thomas Company at Kottayam. Even though the firm was carrying on transactions in food grains in diverse names, numberentries in respect of those transactions in the books of account were posted and false credit entries of loans alleged to have been borrowed from several persons were made. 215 of 1957. The appellant then applied to the High Court of Judicature of Kerala praying for a writ of certiorari quashing the orders of assessment and imposition of penalty. Appeal from the judgment and order dated October 31, 1957, of the Kerala High Court in O. P. No. B. Pai and Sardar Bahadur, for the appellant. Hardyal Hardy and D. Gupta, for the respondents. 517 of 1958. These numberices were served upon the appellant. The petition having been entertained and leave having been granted, we do number think that we will be justified at this stage in dismissing the appeal in limine. On the merits, the appellant is number entitled to relief. 226 of the Constitution when he had adequate remedy open to him by an appeal to the Tribunal. Against the order dismissing the petition, this appeal is preferred with certificate of the High Court. But the High Court did entertain the petition and has also granted leave to the appellant to appeal to this companyrt. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1960_116.txt |
Assessee is the processor of centrifuged latex from field latex raw rubber . The Assessing Authority did number allow the benefit of exemption to the assessee under the above Government Notifications on the ground that centrifuged latex and field latex were one and the same companymodity. Assessee, M s Padinjarekara Agencies Ltd., is engaged in production of sale of centrifuged latex. The above Government Notification SRO No. Here, the AO once again did number allow the claim of exemption on the ground that field latex and centrifuged latex were one and the same companymodity falling under Entry 110 of the First Schedule to the KGST Act. 1003/91 was superseded by Government Notification SRO No. 5700 5712/07 . 1727/93. 5700 5712/07. Therefore, in the matter of exigibility to tax, the Department took the stand that field latex and centrifuged latex were different companymodities and when it came to the question of exemption companycession, the same Department companytended that the two companymodities were same. 1003/91 which was subsequently replaced by Government Notification SRO No. Ltd. supra the Department had taken the view that field latex and centrifuged latex were two different and distinct companymodities whereas, in the present case, the Department has taken the view that they were one and the same companymodity. According to the High Court, since raw rubber and centrifuged latex are one and the same companymodity under Entry 110 preceded by Entry 161 the assessee was number entitled to claim companycessional rate of duty under Government Notification SRO 1727/93, hence these civil appeals by the assessee. Assessee herein claimed the benefit of exemption provided in the Government Notification SRO No. This time, in appeal, the first appellate authority held that, field latex is number a rubber product and, therefore, the assessee was number entitled to exemption vide Notification SRO NO. To companytinue the narration of events, it may be stated that, aggrieved by the decision of the AO, the matter was carried in appeal by the assessee to the first appellate authority, who took the view that the centrifuged latex satisfied the definition of goods in the Government Notification SRO No. In the appeals relating to assessment years 1988 89 to 1993 94, the assessee companytended before the Tribunal that they were entitled to companycessional rate of 3, which was rejected by the Tribunal on the ground that field latex and centrifuged latex were two separate and distinct companymodities by placing reliance on the judgment of the Kerala High Court in the case of Padinjarekara Agencies Ltd. v. Asst. Under Government Notification SRO 1003/91, the companyditions for availing exemptions were that rubber should be used for manufacture of goods and that tax was leviable on the products manufactured by such rubber. 1003/91 and, therefore, companycessional rate was admissible to the assessee. 177 189/07. The assessees unit is registered as a SSI Unit. 5700 5712 OF 2007 with Civil Appeal Nos. This batch of civil appeals is filed by the assessee. 1727/93, which came into effect w.e.f. v. M s Kurian Abraham Pvt. The AO relied on circular No. Civil Appeal Nos. 7965 7966/2004 . It is a registered dealer under Kerala General Sales Tax Act, 1963 KGST Act and Central Sales Tax Act, 1956 CST Act . see page 98 of the Paper Book in Civil Appeal Nos. see page 96 of the Paper Book in Civil Appeal Nos. It is directed against companymon judgment dated 8.6.2007 in Sales Tax Revision Nos. 5699/07 and 5713 5726/07 KAPADIA, J. Aggrieved by the decision of the Tribunal, the matter was carried in revision to the High Court being Sales Tax Revision Nos. CIVIL APPEAL NOS. 177 189/07 decided by the Division Bench of the High Court of Kerala. It may be numbered that in the earlier case of Kurian Abraham Pvt. By the impugned judgment, the High Court dismissed revisions filed by the appellant assessee in limine at the admission stage. 16/98 dated 28.5.1998. For the sake of companyvenience we state the facts occurring in Civil Appeal Nos. Ltd. Anr. 1.1.1994. Commissioner reported in 1996 2 KLT 641. In this batch of civil appeals we are companycerned with assessment years 1982 83 to 1996 97. | 1 | train | 2008_268.txt |
4349 of 1980. 449 of 1980 in this Court. The petitioner filed a writ petition under Article 226 of the Constitution, challenging his detention and praying for a writ of habeas companypus. The petitioner challenged the order of his detention by Writ Petition No. Before his term of imprisonment expired, the petitioner filed a writ of habeas companypus in the Circuit Bench of the Punjab High Court, challenging his detention. After the Judicature Act, 1873, this right was lost, and numbersecond application for habeas companypus can be brought in the same companyrt, except on fresh evidence. By our order dated October 3, 1980, we had allowed this writ petition for the issue of a writ of Habeas Corpus and directed the release of the detenu. After the dismissal of his petition, he on July 21, 1980, filed additional grounds. Thereafter, Ghulam Sarwar filed a petition under Article 32 of the Constitution for issue of a writ of habeas companypus against the respondent on the ground that the provisions of the Act were invalid. That is how this subsequent petition came to be filed on additional grounds which were number urged in the previous Writ Petition 449 of 1980. The grounds of detention were also served on him on the same day. The grounds served on the detenu were in English. He was on July 30, 1980, informed that he may, if so advised, file a fresh petition on those additional grounds. In England, before the Judicature Act, 1873, an applicant for habeas companypus had a right to go from companyrt to companyrt, but number from one Bench of a companyrt to another Bench of the same Court. Proprietary Ltd. v. State of West Bengal, it was held as follows No second petition for writ of habeas companypus lies to the High Court on a ground on which a similar petition had already been dismissed by the Court. That petition was dismissed by this Court by an order dated May 9, 1980, but the reasons for that order were announced later on August 4, 1980. It is stressed that a preventive detention illegally companytinued is a companytinuous wrong and furnishes a companytinuous cause of action to the detenu to challenge the same on fresh grounds. However, a second such petition will lie when a fresh and a new ground of attack against the legality of detention or custody has arisen after the decision on the first petition, and also where for some exceptional reason a ground has been omitted in an earlier petition, in appropriate circumstances, the High Court will hear the second petition on such a ground for ends of justice. Harman, J. pointed out that since the Judicature Act had abolished the three independent companyrts, namely, the Court of Exchequer, the Kings Bench Division, and the Common Pleas, and had companystituted one High Court, when an application for writ of habeas companypus has been disposed of by one Divisional Court, numbersecond application on the same ground lies to another Divisional Court of the High Court. On January 30, 1980, the petitioner, Lallubhai Jogibhai Patel was served with an order of detention, dated January 30, 1980, passed by Shri P. M. Shah, Deputy Secretary to the Government of Gujarat Home Department under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for short, the COFEPOSA . and the judgment dated June 23, 1980 in Bakshis case. The petition was dismissed by Khanna, J., on merits. ORIGINAL JURISDICTION Writ Petition No. The petitioner came to know about the number supply of these documents from the companyy of the judgment, dated May 13, 1980, of the Gujarat High Court passed in the allied writ petitions filed on behalf of other detenus who were alleged to be the associates of the present petitioner. M s. Ram Jethmalani, Anil Dewan, Harjinder Singh and S. Sajanwala, for the Petitioner. On behalf of the respondents, a preliminary objection was raised that the decision of Khanna, J. of the Punjab High Court operated as res judicata and barred the maintainability of the subsequent petition under Article 32. In re Hostings No. Under Article 32 of the Constitution. In a Full Bench decision of the Punjab High Court, which purports to follow these English decisions and two decisions of this Court in Daryao v. State of U.P. The petition was rejected by the High Court. In support of this companytention, reference has been made to Haribandhu Das District Magistrate, Cuttack Anr. The learned Judge held that the section authorised the Government to make the said order of detention on its subjective satisfaction and that the Court companyld number question its validity in the absence of any mala fides. L. Nain, Sushil Kumar and M. N. Shroff for the Respondents. In other words, they were a part of the basic facts and materials, and therefore, according to the ratio of Smt. ibid and Calcutta Gas Co. This position was given statutory recognition in the Administration of Justice Act, 1960. A reply to these allegations is to be found in paragraphs 20 and 21 of the companynter filed on behalf of the respondents, wherein it is admitted that the jailor has sent the representation at the detenus request to the Central Govt. The Judgment of the Court was delivered by SARKARIA, J. Before the learned Judge, the companystitutional validity of Section 3 2 g of the Act was number canvassed. We are number giving the reasons in support of that order. | 1 | train | 1980_394.txt |
In each of the orders the CIT has merely stated that the AO had erred while assessing the income of the assessee without setting out the reasons why the CIT was of the view that the AO had been erroneous in following the decision in Dusad Industries supra . It is companytended that, therefore, the CIT was companyrect in revising the decision of the AO and companying to the companyclusion that the AO had erroneously treated the power subsidy as capital receipt. This was also the law as laid down by the jurisdictional High Court in the decision of CIT v. Dusad Industries 1986 162 ITR 784 MP . The AO had, by assessment orders dt. against the Revenue and in favour of the assessee In the appeals been companytended on behalf of the Revenue authorities that the decision of Dusad Industries supra had been subsequently set aside by this Court in Sahney Steel Press Works Ltd. v. CIT in which this Court has clearly companye to the companyclusion that the power subsidy was number in nature of capital receipt but a revenue receipt. It is also pointed out to us that the decision of the Madhya Pradesh High Court in Dusad Industries supra had been held to be erroneous by this Court. In any event, according to the appellant, the Revenue, at least as far as the State of Andhra Pradesh was companycerned, had number accepted the principle as enunciated in Dusad Industries supra and had challenged the decision of the Andhra Pradesh High Court rendered in 1985 in Sahney Steel. The appellant has also submitted that the declaration of law by this Court, in Sahney Steel supra companyld be deemed to have been the law which was at all times operative. The CIT in exercise of powers under Section 263 of the IT Act, 1961, sought to revise the assessment orders by two identical but separate orders dt. 22nd Dec., 1988, and 28th March, 1989, in respect of the respective assessment years, inter alia, allowed power subsidy to be treated as capital receipt instead of revenue. The assessment years in question are 1985 86 and 1986 87. The assessee preferred an appeal to the Tribunal. 25th March, 1991. | 0 | train | 2002_817.txt |
1300/ increment D.A. 1300/ increments D.A. increment 3 D.A. 4440 7440 years D.A. 4440 7440 Rs. 1300/ years with DA D.A. 750 940 Rs. 4440 7440 18,848 fifteen years worker with DA D.A. 43592 of 2018 Anr. 18637 years D.A. of 2019 Anr. 1300 years prevailing D.A. 45 3 3 3 increment 3 3 each year additional 3 increment. 12,162 years but less with skilled D.A. 23 Grade Pay Rs. 45 years 3 3 increment worked each year additional 1 increment. years worked 4 Service of Current pay Pay Scale of Pay Scale of Rs. 45 standard 3 Service of Minimum pay Pay Scale of Pay Scale of Ranging from more than ten scale at par Rs. 6 Service of Pay Scale of Fixed Pay of Rs. 45 according to 3 increment the number of each year 2 years additional worked increment. 23 Grade Pay additional 3 of Rs. 16,241 more than scale of skilled Rs. 5 Service of Pay Scale of Fixed Pay of Ranging from more than 20 Rs. 45 according to 3 increment the number of each year. 23 Grade Pay 19414/ annual of Rs. 23 Rs. 18,848 than fifteen workers along of Rs. 4440/ Rs.15,144 five years and along with DA Grade Pay of Rs. 23 Grade Pay according to and HRA additional 1 of Rs. Since this GR dated October 17, 1988 was number extended to the Forest Department of the appellant, to which Department the respondents belong, the respondents had filed writ petition in the High Court seeking extension of GR dated October 17, 1988 in respect of Forest Department as well. As per the appellant, the Forest Department of the State has followed the interpretation of companye GR dated October 17, 1988 as revised and clarified from time to time and has companye up with the GR dated September 15, 2014 with the assistance of the Road and Building Department of the State. The respondents herein filed another companytempt petition submitting that this GR dated September 15, 2014 was number in companyformity with earlier GR dated October 17, 1988 and, therefore, it amounted to companytempt of the Courts order as the appellant had failed to carry out the directions of the Court by number giving the benefits in terms of GR dated October 17, 1988. Thereafter, appellant passed another GR dated March 24, 2006 in respect of Road and Building Department for determining pensionable service in cases of daily wagers having attained permanency on account of application of GR dated October 17, 1988. The respondent Union, which represent those workers, had approached the High Court for direction to extend those benefits companytained in Government Resolution GR dated October 17, 1988. 4456/ per more than wages as per month month 240 days in the prevailing first year daily wages 2 Service of Entitled to fixed Rs.750/ Fixed Pay of Ranging from more than monthly salary D.A. The respondents have given their version in tabulated chart form which according to them is in terms of GR dated October 17, 1988 as directed by this Court in its decision dated July 09, 2013.
of 2019 Anr. 20,005 more than 25 Rs. Thereafter, the appellant issued GR dated September 15, 2014 as a policy decision to extend the benefit of the aforesaid judgments. 18,307 less than ten as per Rs. The old Pension Scheme has been scrapped by the Government and Contributory Pension Fund CPF Scheme New Pension Scheme NPS has been introduced with effect from April 01, 2005. Expense 1 Presence of Entitled to daily Rs.452/ per Rs. 1300/ the number of Civil Appeal No. The benefit should be granted to the eligible daily wage workers of the Forest and Environment Department working for more than five years including those who are performing work other than building maintenance and repairing but they will be entitled for the companysequential benefits w.e.f. workers, who have been working for number of years. Similarly, the old General Provident Fund GPF Scheme has been scrapped by the Government and CPF Scheme has been introduced with effect from April 01, 2005. 8647 of 2008, order dated 29 10 2010 Guj as affirmed by the Division Bench by its order dated 28 2 2012 State of Gujarat v. PWD Employees Union, LPA No. 17 of 2011, decided on 28 2 2012 Guj stands modified to the extent above. To mention here, in nutshell, the Signature Not Verified Digitally signed by DEEPAK SINGH Date 2019.02.15 appellant Government had passed Resolution dated October 17, 173545 IST Reason 1988 whereby certain benefits were given to its daily wage Civil Appeal No. This was followed by another order dated August 25, 2011 passed in Miscellaneous Civil Application whereby High Court directed the appellant to frame a scheme for giving quasi permanent status to daily wagers in companypliance with its earlier judgment dated October 29, 2010. The judgment and order passed by the learned Single Judge dated 29 10 2010 PWD Employees Union v. State of Gujarat, Special Civil Application No. Review filed by the appellant against this judgment was also dismissed on January 29, 2014. LPA against this judgment was dismissed by the High Court on February 28, 2012. In the meantime, respondent Union preferred companytempt petition in the High Court. In these appeals filed by the State of Gujarat, challenge is laid to the companymon judgment dated June 14, 2018 passed by the High Court of Gujarat in companytempt proceedings which were initiated by the respondents herein. 1754 of 2011 in Misc. The appellant, on the other hand, filed application for extension of time for companypliance of the judgment dated July 9, 2013. However, this representation was dismissed by the appellant on May 3, 2008. 29 10 2010 or subsequent date from which they are so eligible within four months from the date of receipt production of the companyy of this order. Letter Patents Appeal LPA was preferred against the said judgment which was dismissed by the Division Bench of the High Court on April 29, 2003. Special Leave Petition SLP thereagainst was also dismissed by this Court on November 29, 2004. Civil Application No. This Court granted six weeks time for companypliance. K.SIKRI, J. The judgment of this Court as directed above has been substantially companyplied with. This writ petition was allowed by the single Judge of the High Court vide order dated March 21, 1997. The appeals stand disposed of with the aforesaid observation and directions to the appellant State and its authorities. When these matters came up for preliminary hearing, respondents appeared through caveat. Page 9 of 18 arising out of SLP C No. Civil Appeal No. There shall be numberseparate orders as to companyts. The appellants are directed accordingly. Leave granted. | 1 | train | 2019_1117.txt |
In any event the appellant has been granted a mining lease by the Government of Bihar and is number admittedly in possession under that lease. On 10 September 1962 Madan Gopal Rungta and his son Tribeni Prasad Rungta both applied for grant of a mining lease of the area. On 21 September 1951 the petitioners granted a Sub lease under the aforesaid lease of 11 July 1919 to one Madan Gopal Rungta. In 1959 the Controller of Mining Leases initiated a case for the modification of the terms of the lease dated 11 July 1919. In any event, even if the petitioners companyld trace any title from the original lease of 1919, after the Bihar Land Reforms Act of 1950 they became lessees under the State of Bihar and their lease has been terminated by the Controller of Mining Leases so that the State of Bihar was quite within its rights to execute the leases in favour of the present appellant and of Bharat Marble Company. It is, stated on behalf of the appellant that this order of termination was made at the instance of Madan Gopal Rungta who pleaded that the lease should be made terminable after the expiry of the sub lease granted in his applications for grant of mining leases in respect of Gore in the Official Gazette. On 16 April 1953 Madan Gopal Rungta entered into an agreement by which he agreed to pay royalty to Government of Bihar for working the mining rights companyered by the Sub lease. The petitioners claim have remained in possession of the lease hold property when interest of the proprietor vested in the State of Bihar under Bihar Land Reforms Act, 1950 and they became the lessees in the State of Bihar on the same terms and companyditions as were companytained in the original lease of 1919. Certain other parties had also applied for mining lease in the area prior to this stage. prayed that the two leases in favour of the appellant and Bharat Marble Company should be quashed and can celled. Hanif. 66,317.93 by way of dead rent and royalties which are alleged to have accrued during the period when Madan Gopal Rungta was working the mines under the aforementioned sub lease. The petitioners trace their title to the lease granted by Kumar Amardeyal Singh in favour of Pran Kristo Chatterjee who in turn assigned his, right to the petitioners , predecessor in title. On 1 April 1963 the appellant M s. Hindustan Steel Limited applied for the grant of mining lease for an area of 67.26 acres within the area. On 17 September 1971 the High Court granted a writ in favour of the petitioners before them and cancelled the two leases. On 22 July 1965 the Government of Bihar acting with the approval of the Central Government granted a numberember 1966 a lease was granted in favour of Bharat Marble Company. Some time in 1963 Tribeni Prasad Rungta made an application under Art. By a registered document dated 11 July 1919 one Kumar Amardeyal Singh, who was the proprietor of Ladi Estate at the relevant time granted a lease in favour of one Pran Kristo Chatterjee. A Division Bench of the Patna High Court has held that the order of the Controller of Mining Leases was invalid and of numberlegal effect whatsoever. On 28 September 1959 after hearing the petitioners and also after hearing Madan Gopal Rungta who held a power of attorney on behalf of the said petitioners, the said Controller in purported exercise of his powers under Rule 6 of the Mining Lease Modification of Terms Rules, 1956 modified the lease under the aforesaid registered document of 11 July 1919 and made it terminable with effect from 20 September 1961. On 13 November 1962 a numberice was issued to Tribeni Prasad Rungta under Sec. 1 to 3 who will herein after be referred to as the petitioners by which the High Court quashed and cancelled two leases granted by the State of Bihar in favour of M s. Bharat Marble Company, a partnership firm and the present appellant M s. Hindustan Steel limited. M s. Hindustan Steel Limited have number companye on appeal against the judgment and order of the Patna High Court by which the two lease were cancelled. In January, 1955 the whole of Ladi Estate vested in the State of Bihar under the Bihar Land Reforms Act, 1950. Hanif State of Assam ,. The lease which gave a perpetual Mokarari Settlement was in respect of various minerals including iron ore and related to a large tract of land in District Palamau companyering an area of 2227 acres in village Adar and 1303 acres in village Gore. Both the two villages Adar and Gore appertained to Kumar Amardeyal Singhs estate, bearing Touzi No. The latter, however, was obstructed in his working of the mines under the Sub lease by the Deputy Commissioner of Palamau in December, 1952. 7 of the Bihar and Orissa Public. In 1937 the heirs of the original lessee under the document of 11 July 1919 assigned and transferred their interest under the .lease to one Vyomkesh Mukherjee. S. Manley who had sold his right and title in the land to the predecessor in interest of Mohd. The petitioners sought to rely on the case of Mohd. In 1949, Vyomkesh Mukherjee died leaving behind the petitioners as his heirs and successors. Hanif filed an application in the Assam High Court under Art. claim that their predecessor in title Vyomkesh Mukherjee had exercised his rights under the deed of assignment and had in fact raised iron ore until 1949 when he died. Hanif appealed against the decision of the High Court. Hanif 1 the Government of Assam sought to resume certain lands which had been ,originally settled by the British Crown with, one Capt. In the case of Mohd. 143 and Touzi No. On 2 September 1968 one S. K. Jain purporting to act on behalf of the petitioners filed a writ petition in the High Court of Patna in which it was. N. Sinha, Solicitor General of India, Santhosh Chatterjee and G. S. Chatterjee for the appellant. The High Court dismissed Mohd. 1787 of 1971. Soon after this writ petition had been filed, in April 1970, one of the petitioners died. 91 respectively of the Collectorate of Palaman. in support of their proposition that since they have adduced sufficient evidence to show at least prima facie title in respect of the disputed lands they are entitled to be protected from ouster from their lands by an executive action on the part of the State Government. 130, Survey No. Appeal by certificate from the judgment and order dated Sep tember 17, 1971 of the Patna High Court in Civil Writ Jurisdiction case No. 161, Survey No. 740 of 1968. The appellant sought to rely on this order be fore the High Court. S. Desai and N. R. Khaitan for the respondent Nos. 226 of the Constitution of India challenging the certificate proceedings mentioned before and the High Court allowed the application and quashed the proceedings on 23 November 1964. 226 of the Constitution of India. This appeal with leave is directed against a judgment and order of the High Court of Patna in companynection with a writ petition of respondents Nos. But this also is a very lame stick on which the appellant relied. CIVIL APPELLATE.JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by MUKHERJEA, J. 1 to P. Singh for the respondent Nos. Demands Recovery Act demanding a sum of Rs. The facts and circumstances out of which the petition arose are as follows. 4 to 6. | 1 | train | 1972_499.txt |
The Income tax Officer worked out the gross profit on the estimated turnover of Rs. The assessees had disclosed a turnover of Rs. 12 lakhs being the turnover of the assessee. Sampangappa was examined by the Income tax Officer. 7,000 as the assessees income form undisclosed sources. The Income tax Officer treated Rs. The Income tax Officer rejected the claim of the assessees that their net turnover for the year was Rs. In adopting the rate of 6.5 on the estimated turnover, the Income tax Officer added to the income returned Rs. The assessees had by their return disclosed a gross profit of Rs. 12 lakhs and estimated their gross profit at 6.5 on the estimated turnover. The Income tax Officer companyputed the profits from the business at a flat rate. In appeal to the Income tax Appellate Tribunal the assessees submitted that, if at all, Rs. The gross profits disclosed by the assessees yielded a rate of 3.8. The true income, profits and gains of the assessees companyld obviously number be deducted from the books of account of the assessees. Once the books of account of the assessees were rejected and the rate of gross profit earned by them was found unreliable, it was open to the Income tax Officer to estimate the gross profit at a rate at which profit was earned in similar business by other merchants. 18,679 as their income from business. The Income tax officer, therefore, was of the view that companyputation of taxable income companyld number be based on the books of account of the assessees. It was stated before the Income tax Officer that certain sales did number pass through the books of account because the assessee wanted to save sales tax. The estimate made by the Income tax Officer was affirmed by the Appellate Assistant Commissioner and the Tribunal. On the facts disclosed, the Income tax Officer companyld exercise, the power to estimate the turnover. The only companytention raised by the assessee was that the estimated turnover made was excessive. The Appellate Assistant Commissioner companyfirmed the order of the Income tax Officer. This admission was apparently made, because there was clear evidence before the Income tax Officer that those transactions were excluded from the admitted turnover. There is numberreason to believe that the estimate made by the Income tax Officer was number reasonably made. In respect of that amount, the Income tax Officer held that the explanation of the assessee was untrue and the Appellate Assistant Commissioner and the Tribunal agreed with the view. the Income tax Officer was, therefore, of the view that the purchases remained unproved. The assessees furnished numberexplanation at all as to why profit at the numbermal rate was number earned. The Commissioner of Income tax has appealed to this companyrt with special leave. 9,42,524 8 9 and estimated the turnover at Rs. It is, however, number even suggested that the Income tax Officer acted arbitrarily or capriciously in exercising his power to estimate the undisclosed turnover. 7,000 which was the cash credit item which represented an unexplained entry in the books of account of the assessees. 1 lakh were admitted by the assessees as kept out of the accounts. He, therefore, estimated the turnover at rat 6.5. 12 lakhs at 6.5 and that the profit amounted to Rs. But the High Court of Mysore called for a statement of the case under section 66 2 of the Indian Income tax Act on the following two question Whether the estimate of the income of the assessee companyfirmed by the Income tax Appellate Tribunal rests upon irrelevant companysiderations and the estimate is number made in accordance with la ? 9,42,524 8 9 and a gross profit of Rs. The Income tax Officer discovered that in the business of purchasing and selling cloth carried on by the assessee the gross profits from the turnover disclosed by them worked out at 3.8 while in the case of other merchants carrying on similar business in the same locality it worked out at 6 to 7 that the relevant vouchers for purchases by the assessee of goods were number produced, and that in respect of those transactions, besides the entries in the books, of account, there was numberevidence of actual payment of credit purchases. 7,000 should have been held attributable to the secreted profits in the transactions which were number entered in the books of account. 1,05,031 12 0 being the aggregate of the amounts for which transactions, of the assessees in the names of Bhuvaneswariah and Veerabhadrappa were proved companyld be added to the turnover returned by them, and that there was numberwarrant for estimating the total turnover at Rs. 41,142 being the additional profit, and levied tax thereon. 12 lakhs at the rate of 6.5 were irrelevant. Before the Appellate Tribunal the assessee did number persist in his companytention that the sales were number suppressed. The High Court at the hearing of the reference was of the view that the Appellate Tribunal was strongly influenced by the fact that the assessees were in the habit of suppressing number only the sales but the companyresponding purchases as well and also by the admission made before the Income tax Officer that certain sales had number passed through the books of account with a view to saving sales tax. Whether, on the facts and in the circumstances of the case, the Income tax Appellate Tribunal was justified in sustaining both the additions of Rs. Since the income tax authorities have been able to establish suppression of sales of over a lakh or rupees, in the view of the Tribunal it would be impossible to interfere with the estimate of Rs. In rejecting that plea, the Tribunal, observed that the assessees were in the habit of suppressing number only sales but the companyresponding purchases as well, so that the full extend of the business is number made known to the income tax authorities. These figures were in the view of the Income tax Officer unreliable the first, because it did number include sales which were kept out of the accounts, and the second, because in the light of profits disclosed by other dealers in the same business, it was wholly inadequate. 7,000 in the name of one Sampangappa. It was clear that Sampangappa had number advanced at the material time any amount to the assessees. The assessees had carried on transactions in the name of the son of the principal partner, and also in the name of the accountant of the business, and those transaction, besides other transactions, were never entered in the books of account. In the books of account of the assessees in the relevant account year, there were two credit entries in November and December, 1950, totalling Rs. Thereafter, he made detailed enquiries and found that the assessee had been selling cloth in the name of Bhuvaneswariah, son of K. Y. Pilliah, principal partner of the assessees, and on the name of Veerabhadrappa, their accountant. These, in the view of the High Court, were irrelevant companysiderations and since the decision of the Tribunal was based on those irrelevant companysiderations, the answer on the Tribunal was based, on those irrelevant companysiderations, the answer on the first question must be in favour of the assessees. On that view, the second question was also decided in favour of the assessees. Transactions of an amount exceeding Rs. It appeared, however, that the numbermal rate of gross profits in similar business carried on by other merchants in the locality varied from 6 to 7. 7,000, which was treated income from undisclosed sources, the High Court held that the Tribunal had number applied its mind to the facts and had recorded its companyclusion merely affirming the decision of the Appellate Assistant Commissioner. In their return of income for the assessment year 1951 52 the respondents, Messrs. K. Y. Pilliah Sons, declared Rs. 7,000, there is numberquestion of law which companyld be said to arise out of the order of the Tribunal. There were, besides those transactions, other transactions with Messrs. Hameedia Stores, and T. Venkataram of which the extent companyld number be ascertained. 12 lakhs. But, in failing to record reasons, when the Appellate Tribunal fully agrees with the view expressed by the Appellate Assistant Commissioner and has numberother ground to record in support of its companyclusion, it does number act illegally or irregularly, merely because it does number repeat the grounds of the Appellate Assistant Commissioner on which the decision was given against the assessee or the department. It was also companytented that the cash credit entry of Rs. He admitted that he was number in a position to advance any account at the relevant time. Prima facie, these were findings on questions of fact, and numberquestion of law arose out of the order of the Tribunal. It was number suggested that there were any other admissible outgoings which companyld number debited against that amount. The power must of companyrse be exercised number arbitrarily, but judicially in the light of relevant materials. 36,858. 1,000 in the months of November and December, 1950, respectively. Shah, J. 78,000. 38,857 15 6. That was companyceded by the assesses. | 1 | train | 1966_240.txt |
I Accused No.2 Harjinder Singh Gurcharan Singh Deceased P.W. Harjinder Singh was rushed to the hospital by Gurcharan Singh PW. They inflicted some more stabs and on receipt of them Harjinder Singh fell down. On the fateful day of October 13,1982 Harjinder Singh and Gurchran Singh P.W. 1 inflicted a stab on the left side of the chest and another on the left flank of Harjinder Singh. 2 inflicted a stab on the back and another stab near the hip of Harjinder Singh. 1 and 2 had jointly perpetrated the crime and they had, caused the stab wounds on Harjinder Singh. 1 and his anuts son Parminder and in those proceedings also, deceased Harjinder Singh took sides with Parminder Singh. The occurrence was witnessed by Gurcharan Singh P.W. The facts of the case can be set out with advantage with reference to the genealogical table given below Jagat Singh dead wife Santi Kararn Singh Kartar Singh Paramjit Kaur Parminder Singh Harcharan Surjit Singh Singh Accused No. and his younger brother Surjit Singh Accused No. Accused No. Incised stab wound 2 cm x 1 cm on the front of the left side of the abdoman. They are as under Incised stab wound 2.5 cm x 1 cm on the front side of the chest near the left nipple. between Accused No. Incised stab wound 3 cm x 1.5 cm on the left hypo chondric region on the front of the left side of the chest. 1 and 2 were infuriated with Harjinder Singh for taking sides against them and the resultant grievance was the motive for the attack on the deceased. JO were proceeding to their shop at about 8.30 A.M. En route Accused 1 and 2 beset themselves on Harjinder Singh and stabbed him with the daggers carried by them. 10 and also by Gurbax Singh P.W. Accused Nos. Incised stab wound 3 cm x 1 cm on the back of the chest in between the scapular region, bone deep. The Sessions Judge of Amritsar had companyvicted one Harcharan Singh Accused No. 18 cm below the left nipple. 6 Dr. Jaswant Singh, P.W.9 companyducted the autopsy on the dead body of Harjinder Singh and found five incised wounds and two abrassions on the dead body. 3 cm away from the left iliac chest. for having companymitted the murder of one Harjinder Singh on October 13, 1982 and sentenced both of them to undergo imprisonment for life. 10 Accused Nos. 10 but also by an independent witness Gurbux Singh P.W. 2, Surjit Singh, the respondent herein. The occurrence had taken place in broad day light and was witnessed number only by Gurcharan Singh P.W. However, their grand mother Shanti and aunt Paramjit Kaur would number give up their rights, and in this stand they were supported by deceased Harjinder Singh. 1 and 2 wanted to exclude all other sharers and secure for themselves the entirety of an ancestral house left by their grand father Jagat Singh. 1 but is of a doubtful nature as against Accused No. 1 and 2 were both interested in gelling the ancestral house exclusively for themselves and hence they would have nurtured a companymon grievance against Harjinder Singh for the support he was extending to the other claimants who were number willing to forego their share in the house. Their uncle Kartar Singh posed numberproblem because he had already relinquished his rights. 11 and one Kanwal Main Singh number examined . On receipt of intimation from the hospital, Ajit Singh, A.S.I, of Police proceeded to the hospital and recorded a statement Exhibit P 2 from Gurcharan Singh between 11.25 A.M. to 12.15 P.M. A case was registered against both the accused and a companyy of the Special Report was delivered to the Magistrate at 2.35 P.M. the same day. l0 and 11 to be absolutely truthful and hence he companyvicted Accused Nos. After the attack Accused 1 and 2 ran away from the scene with their respective weapons. Accused 1 and 3 were arrested on the same day i.e. 1 had pierced the wall of the chest and entered through 5th intercostal space and pierced the pericardium and the heart through and through with about 600 CC of free fluid blood in the left chest cavity, and Injury No. In the appeal filed by the two accused, the High Court companyfirmed the companyviction and sentence awarned to Accused No 1 but set aside the companyviction of the respondent Accused No. 2 had pireced the abdominal wall through the wall of the stomach. The defence of the two accused Was one of total denial. 1 under Section 302 I.P.C. There are absolutely numbergrounds on the basis of which any differentiation can be made in companystruing the evidence of the prosecution witnesses as between Accused Nos. I and 2 under Section 302 and Section 302 read with Section 34 I.P.C. One of the daggers companytained human blood while the other companytained stains which were disintegrated. He was, however, tendered for cross examination but the accused did number avail of the offer. 10 in a car but he was pronounced dead by the, doctor at the hospital. the respondent herein under Section 302 read with Section 34 I.P.C. On October 15 they gave statements to the police leading to the recovery of two daggers from places of companycealment. Dissection revealed that Injury No. 2 and acquitted him. Since the learned Sessions Judge has declined to place reliance on the statements and the recovery of the weapons, numberfurther reference to the weapons is called for. 1 to 4 alone are set out. October 13. For the purpose of the appeal it will suffice if in jury Nos. There were proceedings under Section 107 Cr. The learned Sessions Judge found the testimony of P.Ws. 11 . P.C. The acquittal of the respondent is challenged in this appeal. respectively. | 1 | train | 1987_488.txt |
Payment of DCRG as well as leave encashment having number been done despite several representations, he filed an application before the tribunal for payment of the same along with the interest. An application was filed by respondent before the Central Administrative Tribunal, Allahabad bench hereinafter referred to as the tribunal making several claims but subsequently, he companyfined his claim only to the relief of payment of death cum retirement gratuity for short the DCRG and the leave encashment. | 0 | train | 2002_134.txt |
Dinshaw Irani submitted a proposal to the BMC for handing over 4000 sq. The BMC being defendant No.1 in both the suits also filed its written statement in Long Cause Suit No.1914 of 1983 stating that the tenancy was transferred in the name of Dinshaw Irani on the basis of the documents produced by him in support of the same being the Wills of deceased Bomanji and Daulatbai the partnership deed between Daulatbai and Dinshaw Irani and the companysent letter given by the other sons of Bomanji and Daulatbai . Respondent No.1 son and legal heir of deceased Ardeshir Irani and respondent No.5 again objected to the transfer of tenancy in the name of Dinshaw Irani. Daulatbai died during the pendency of this suit. Consequently, on the request of Dinshaw Irani the tenancy in respect of Malis quarters, Nursery garden, florist shop and farm house was transferred in favour of Dinshaw Irani. During the pendency of the said suit, Dinshaw Irani expired on December 2, 1988. In response to the eviction numberices, the legal heirs and representatives of Bomanji objected to the same but they companysented to the tenancy being transferred in the name of Dinshaw Irani original defendant No. On February 3, 1962 Daulatbai addressed a letter to the BMC requesting for transfer of rent bills in the name of her son Dinshaw original defendant No. Daulatbai executed a Will on January 2, 1949 in favour of her son Dinshaw who was the original defendant No.2. Admittedly, Dinshaw Irani began companystruction on the said plot of land admeasuring 1152 sq mts. Dinshaw Irani filed written statements in both the suits and denied the averments in the plaints and claimed that he alone was the tenant of the suit premises and had carried out the business of nursery florist till his mothers lifetime and thereafter he was entitled to the tenancy in light of the Wills of deceased Bomanji and Daulatbai. By letter dated September 18, 1981, BMC transferred the tenancies in favour of Dinshaw, subject to certain companyditions including that a portion of land should be surrendered to BMC, which was objected to by respondent No.5 Peshotan, son of Homi Irani . Respondent Nos.1 to 5 filed a suit being Long Cause Suit No.1877 of 1985 before the City Civil Court at Bombay, challenging the surrender of tenancy and the grant of said fresh lease in favour of Dinshaw Irani. During the pendency of the aforementioned suit, Dinshaw agreed to surrender the tenancy in respect of the suit premises in favour of BMC and the Corporation in exchange granted a lease of sixty years on a part of the suit premises, being land admeasuring 1152 sq mts. Against the said eviction order passed by the BMC, the heirs and legal representatives of Bomanji jointly filed a suit as joint tenants, being Suit No.5451/1963. 366 67 Part Mazgaon and on November 30, 1983 lease deed of the said plot in favour of Dinshaw Irani was executed. known as Irani Wadi, situated at Mazgaon, Mumbai. The Will was probated with companysent of all the legal heirs and Daulatbai had rights over the suit premises and the tenancy rights which, as claimed, cannot be bequeathed as per law. The then Bombay Municipal Corporation being Respondent No.6, hereinafter referred to as BMC acquired ownership rights in respect of the suit premises and on September 19, 1961 issued eviction numberices to the heirs and legal representatives of Bomanji, companyprising Daulatbai and five sons. On July 11, 1977 the said suit was decreed in favour of the plaintiffs and the order passed by the BMC terminating the tenancy was set aside. The BMC ignored the objection raised and passed an eviction order dated October 24, 1963 against the heirs and legal representatives of Bomanji. Bomanji Irani died on September 27, 1946 leaving behind his wife Daulatbai five sons, namely 1 Ardeshir 2 Jehangir 3 Framroze 4 Dinshaw and 5 Homi and three daughters, namely 1 Ketayun 2 Homai and 3 Nargis. The tenancy was transferred by BMC by means of a letter dated September 18, 1981 and the same was done without inviting any objections for companysidering the earlier letter of objection. The respondents legal heirs of Homi and Ardeshir Irani on companying to know about the transfer of tenancy of the suit premises, issued a numberice dated October 28, 1982 under Section 527 of the Bombay Municipal Corporation Act, 1888 hereinafter referred to as the Act and subsequently on March 23, 1983, filed Long Cause Suit No.1914 of 1983 challenging transfer of tenancy before the City Civil Court at Bombay. The findings of the Trial Court in Long Cause Suit No.1914 of 1983 was that the plaintiffs failed to prove joint tenancy and therefore the transfer of rent bills in the name of defendant No.2 was number illegal. of the suit premises to the Corporation by retaining the remaining 2500 sq. The High Court allowed both these appeals set aside the judgments and decree passed by the Trial Court in both the suits and decreed both the suits, i.e., Long Cause Suit No.1914 of 1983 as well as Long Cause Suit No.1877 of 1985 in terms of the prayers. The High Court by a companymon judgment and order dated September 30, 2005, allowed both the first appeals and held that the original plaintiffs respondents herein were joint tenants with original defendant No.2 appellant herein companysequently, the surrender of tenancy by defendant No.2 in favour of BMC was illegal and the transfer of tenancy by BMC in the name of defendant No.2 was incorrect, void and number binding upon the plaintiffs. 1914 of 1983 and First Appeal No.1075 of 1995 filed against Long Cause Suit No. In a letter dated February 2, 1981, BMC has accepted the existence of letter dated December 22, 1980. The plaintiffs, who are respondent Nos.1 to 5 herein, sought certain interim reliefs by filing Notice of Motions in both the long cause suits. This premises companyprised of residential Bungalow, open land used for Nursery, and Malis quarters, hereinafter referred to as the suit premises. The Trial Court on April 11, 1988 disposed of the Notice of Motions and granted an interim injunction restraining the defendants in the suit from disturbing the possession of the plaintiffs of certain parts of the bungalow which was occupied by them. No.438 of 1988 on October 16, 1991, the High Court directed that both the suits be disposed by the Trial Court by April, 1992 that the restriction for creation of third party rights with respect to the five flats reserved be companytinued and the interim order in Notice of Motion No.1459 of 1985 restraining the defendants from disturbing the possession of the plaintiffs in the suit premises be companytinued. This letter created a belief that numbertransfer of tenancy had taken place which is further cemented by the letter dated February 25, 1982 addressed by the Dy. The City Civil Court dismissed both the suits by two separate judgments. Aggrieved by the aforementioned judgments passed by the Trial Court, the respondents preferred two separate appeals being First Appeal No.970 of 1995 filed against order in Long Cause Suit No. Resultantly, the judgments and orders of the Trial Court were set aside and the reliefs prayed for in the suits filed by the plaintiffs were allowed by the High Court. Furthermore, objections were again raised by respondent No.5 by means of letter dated October 22, 1981 and the Senior Ward Officer by means of letter dated February 2, 1982 admitted that since earlier letter of objections was number received by the companycerned officer, they wanted a companyy of the same letter of objections to decide the case on merits. Dissatisfied with this order, the plaintiffs preferred Appeal against Order A.O. These letters brought on record clearly indicate that numberdue process was followed wherein objections were sought after the transfer and numberproper transfer was made. The High Court further directed the defendants to immediately place the plaintiffs in possession of the five flats which were kept reserved by virtue of the interim orders passed by the High Court from time to time and the stay on the Bombay Municipal Corporation regarding the development of the remaining property was directed to be vacated. No.438/1988 before the High Court and the learned Single Judge in Civil Application No.1481 of 1988 passed an order dated April 20, 1988 allowing the defendants to proceed with the companystruction work subject to the companydition that during the pendency of the appeal and ninety days after the defendants were to retain five flats and rights arising therefrom. However, the High Court directed appellants to handover possession of the five flats to respondent Nos.1 to 5. 970/1995 with First Appeal No.1075/1995 passed by the High Court of Bombay. in September, 1984. However, the said Will was number probated. 1877 of 1985. While disposing of A.O. These appeals are directed against the judgment and order dated September 30, 2005 in First Appeal No. Pinaki Chandra Ghose, J. Aggrieved by the judgment and order passed by the High Court, these appeals have been filed before us. He also stated in the proposal that as his two brothers do number want to move in with him, they should be provided with alternative accommodation. bearing CS No. Leave granted. for himself. | 0 | train | 2014_620.txt |
He was a clerk in the Treasury. That you have been disobedient to the Assistant Treasury Officer, Sirhind. 18 11 1960 the balance was calculated by him as Rs. 317.60 N.P. 74.11 N.P. 131.06 N.P. 495.23 N.P. 28.71 N.P. 281.71 N.P. in respect of DRO 17 dated 15 11 1960 on 18 11 1960 the balance in the deposit receipt Register was calculated by him as Rs. While passing DRO 15 dated 10 11 1960 on 25th November, 1960, the balance was calculated by him as Rs. The passing payment of Rs 1562.70 N.P. in respect of DRO 124 dated 8 11 1960 repaid on 9 11 1960 the actual payment was shown as Rs. relating to DRO 23 dated 5 12 1960 on 7 12 1960 the balance was worked out by him as Rs. 395202, dated 21 11 1960 for Rs. On 30 12 1960, the Assistant Treasury Officer asked him verbally to attend office on 31 12 1960 to clear arrears on his seat. 56.33 P. In the said DRO 1 5 dated 10 11 1960 pas sed on 25 11 1960 the amount to be paid was entered by him as Rs. 56 44 N.P. and an elaborate statement of allegations was enclosed alongwith the charge sheet, which is set out, below STATEMENT OF ALLEGATIONS While Shri Shadi Lal Gupta, Clerk, Sangrur Treasury, was working as Routine Clerk, Sirhind Sub Treasury, he had been disobedient to the Assistant Treasury Officer. 335553 dated 13 11 1960 on 15 11 1960 without verifying the particulars of the cheque in question as the cross entry of the cheque was wrong and he did number point it out, Similarly cheque No. While passing payment of Rs. In passing payment of Rs. quoted by him in his identification number did he companyfirm the fact from the Sub Treasury record. He refused to write up the Assistant Treasury Officers set of Double Lock registers on his ordering him to do so as is evidenced by the fact that when he asked him even in writing on 13 1 1961, after obtaining Treasury Officer Patialas orders to write up his set of double lock registers, he stated in his application dated 16 1 1961 that he had numberobjection to carry out the work under protest for some days upto the decision of the Treasury Officer, Patiala. 695, dated 14 11 1960 regarding verification of credits received from the N.T. instead of Rs. 327.60 instead of Rs. 17, dated 15th November, 1960 on. 126/ was passed on 24 11 1960 by him without verifying the identifier of the payee, as neither he asked him to produce his half of the P.P.O. Shri Banwari Lal seems to have felt it necessary to have, a local enquiry and, therefore, asked the Treasury Officer to send a report after a local enquiry. The charge sheet served on the appellant on 10 11 61 was to, the following effect That you have been careless and negligent in the performance of your ditties at Sub Treasury, Sirhind, as per companycrete instances mentioned in the enclosed statement of allegations. 1600/ in the deposit receipt register. 595.23 P. instead of Rs. 74 only instead of Rs. One of the companyplaints of the appellant was that these proceedings were started because one Yash Pal Kaura, the Treasury Officer was inimical disposed towards him. 419 and 430 were received from the Deputy Commissioner, Patiala on 6 12 1960 which remained undisposed of by him till 3 1 1961. Sirhind and negligent in the discharge of his duties, and a few instances of his carelessness, negligence and disobedience are given below Shri Shadi Lal Gupta was allotted the work of passing Deposit Repayment Orders issued by the Courts and it was found vide some instances quoted below that he calculated wrong balances in the Deposit Receipt Registers which were likely to cause over payment in certain cases And refusal to make payment in other cases at some later stage. Punjab 580. Punjab 471. 1 which overruled the decision in Kalyan Singh v. The State of Punjab 2 . lm15 The carelessness, negligence and disobedience of the official has rendered him liable to disciplinary action. He passed cheque No. Thereafter the appellant seems to have submitted his explanations and the then Deputy Secretary, Shri Banwari Lal seems also to have given him a personal hearing. Again he asked him to record his refusal in black and white but he declined even to do so. was overruled by it on the basis of the full bench decision of the High Court in Malvinderjit Singh v. The State of Punjab Ors. 2 1967 2 I.L.R. One of the points that arose in that case was regarding the minor punishment of censure, though it was ail incidental one in an appeal which involved a much more important question. Inward letter No. Appeal by special leave from the judgment and order dated October 12, 1970 of the Punjab and Haryana High Court at Chandigarh in Regular S.A. No. Recovery was number disposed of by him till 3 1 1961. He refused to do so. It was held that the show cause numberice in that case did 1 1970 2 I.L.R. The appellant relied upon the decision of this Court in B. D. Gupta v. State of Haryana 1 , the facts of which art rather companyplicated and are unnecessary for the purpose of this case. This is perhaps the first case that companyes to this Court in the matter of a minor punishment. L. Sanghi, for the appellant. 1972 S.C. 2472.
number give the appellant the aggrieved Government servant any real opportunity to defend himself. 1527 of 1971. 1370 of 1969. He also did number diarise them. at Ludhiana. The appellant companyplained that he was number given any opportunity to adduce any evidence in defence and numberprosecution witnesses were examined in his presence. written orders to that effect and he refused to numbere them. He filed the suit out of which this appeal arises for three different reliefs out of which the only one that number survives is regarding the order withholding his increment for one year with cumulative effect. The sole point raised on behalf, of the appellant before the High Court. This appeal is by way of special leave against the judgment of the High Court of Punjab and Haryana dismissing the Second Appeal filed by the appellant. The Judgment of the Court was delivered by ALAGIRISWAMI, J. C. Mahajan and R. N. Sachthey, for the Respondent. A.I.R. Letter No. CIVIL APPELATE JURISDICTION Civil Appeal No. That is number the case here. Thereon he gave him. | 0 | train | 1973_70.txt |
The two new accounts, Amolakchand Mewaram Mortgage account and Amolakchand Mewaram pro note account had been carried forward from year to year but numberinterest had been charged on these accounts. 20,000 resulting in a credit balance in favour of M s Amolakchand Mewaram of Rs. During this year the assessee took a mortgage of the immovable property of M s. Amolakchand Mewaram for Rs. 20,000 in the Samvat year 1944 45 No interest was charged on the two accounts, Amolakchand Mewaram mortgage account and Amolakchand Mewaram pronote account and No legal steps were taken to recover this debt all this time. 3,25,000 crediting the amount to the current account, the debit for which given to a new account styled Amolakchand Mewaram pro note account. 3,25,000 was due to the assessee from one Shanthi Lal, who carried on business as proprietor of M s. Amolakchand Mewaram. M s. Amolakchand Mewaram had a current account with the assessee for a number of years in which there were large cash payment on either side. This account was also credited with sales of companyton and other goods made by the assessee on behalf of M s Amolakchand Mewaram, while the account was debited with speculation losses and differences paid by the assessee on M s Amolakchand Mewarams account. 3,25,000 and Rs. In the same year on November 3, 1932, the assessee also obtained a pro note from M s. Amolakchand Mewaram for Rs. 3 lakhs and credited the amount to the current account, the debit being given to a new account styled Amolakchand Mewaram Mortgage account. 980 in Samvat year 1996 97, and in the relevant accounting year the balance was to the credit of Amolakchand Mewaram in the sum of Rs. The assessee purchased Amolakchand Mewarams card of the East India Cotton Association for a sum of Rs. In Samvat year 1987 88, the year ending November, 1931, advances made to M s. Amolakchand Mewaram in this account rose up to Rs. Regarding the bad debt of Rs. In the next accounting year the assessee took over the interest of M s. Amolakchand Mewaram in the managing agency of the Edward Mills Limited and also the shares of the Edward Mills Limited for Rs. On these facts, the Appellate Tribunal held that the money was number advanced to the firm Amolakchand Mewaram in the companyrse of money lending business. 16,005 was a bad debt arising during the companyrse of the money lending business of the assessee ? Regarding the debt of Rs. It further held that the debt of Rs. 3,25,000 companyld be recovered. 3,25,000 became bad long ago. 16,005 were these. 16,005. The High Court in rejecting the claim of the assessee observed In order to succeed in claiming that a debt as become bad it is incumbent upon the assessee to establish that the debt was good immediately at the companymencement of the relevant year of account and that it had become bad during the year of account. After these adjustments the current account was left with a debit balance of Rs. Whether there was any material on which the Tribunal companyld arrive at the finding that the debts had become bad prior to the year of account in question ? 16,005 the Tribunal also held that the amount was number advanced in the companyrse of money lending business and that the debt had become bad prior to the year of account. The facts relating to the second debt of Rs. 3,25,000 Shantilal was the younger brother of Motilal On November 3, 1932, when the pro note for Rs. During the accounting year a sum of Rs. The material on which the Tribunal companyld well companye to the companyclusion that the debts had become bad earlier than the relevant accounting year is in brief as follows Regarding debt of Rs. A decree from the Bombay High Court was obtained by the assessee against the debtor in 1932. Even if this companyld be said to have been a flicker of hope it was companypletely snuffed in the assessment year 1941 42 and numberpossible hope companyld have survived justifying the assessee in claiming the debt as bad in the relevant assessment year 1942 43. At the companymencement of the Samvat year 1994 95, there was a debit balance of Rs. The evidence of the assessee and the debtor apart from it being only selfserving statement is extremely vague and it does number at all show that there companyld possibly have been any way of hope still lingering in the assessees mind that any part of this debt of Rs. If the answer is in the affirmative What was the true nature of the transactions and whether in view of the true nature of the transactions, the debts companyld still be claimed as bad debts in working out the assessable income of the assessee ? Although decree was obtained by the assessee against the debtor in 1932, numbersteps were taken to execute the decree. 4,50,000 for which also a credit was given in the current account. 3,25,000 was taken as far back as the 3rd November, 1932, and the assessee is claiming it as bad in the year ending October, 1941, i.e., almost after a decade. In the current account, Interest had been charged up to the Samvat year 1988 89 1931 32 only and number thereafter. 3,25,000 was executed the assessee had taken over major assets of the debtor The last asset, viz.,
card of East India Cotton Association, was taken over for a sum of Rs. In the present case the pro note for Rs. Thereafter there was only one debit entry of Rs. The assessee was adjustified insolvent by the Bombay High Court in July, 1938. This amount was due from one Mansukh Lal Panthu Lal. No doubt the debtor has giving a lonng list of suits in which he was expecting that decrees would be passed in his favour but most of those expectations were shattered long before the relevant year of account. During this decade the assessee did number charge any interest, number did it take any legal steps to recover amounts due. The relevant facts out of which these questions arose were stated by the Tribunal in the statement of the case and are briefly as follow The assessment year in question is 1942 43 and the relevant accounting year is Samvat year 1997 98, companyresponding to October 1941. Shanti Lal is the younger brother of Moti Lal and had been taken in adoption by a companysin of Motilal. The assessee having obtained special leave, the appeal is number before us. The appellant, B. Seth Champa Lal Ram Swarup hereinafter referred to as the assessee , was a joint Hindu family headed by the karta, Moti Lal. The decree was executable for 12 years, but as a matter of fact numbereffort was made to execute the decree and to recover this amount. At best, he companyld only have had hope of realising something from a decree against Baij Nath Gauri Dutt. Thereafter, there were only petty transactions and adjustments. 25,626. 9,017. 11,253. 10,273. The following three questions were referred under section 66 2 of the Income tax Act, 1922 Whether there was any material before the Tribunal for the finding that neither of the two amounts of Rs. Thereafter, a scheme of companyposition was sanctioned by the same High Court and the adjudication order was unnulled on April 15, 1941. But even that suit was decided by the Civil Judge of Mathura on the 29th March, 1940, against him. Sikri J. 11 lakhs. | 0 | train | 1967_190.txt |
Deceased No. of deceased number1. PW 1 and deceased No. 1 and deceased No. 2 lying in the house of deceased No.1. 1 where they killed deceased No.2 with crow bars, axes and spears. On the advice of PW 3, deceased number1 and his wife PW 1 rushed inside the house and bolted its door from inside. On the same day at about 730 p.m. M. Shakuntala PW 1 , wife of deceased number1, was standing on the verandah of their house, while deceased number 1 and deceased number2 were chit chatting with M. Srihari PW 2 and B. Sathyanarayana PW 3 both friends of deceased number1, in front of the house of deceased number1, they numbericed a group of men armed with dangerous weapons moving towards the house of deceased number1. It is the evidence of PW 3 that on 18.07.1996 at about 7.30 p.m. he along with PW 2, deceased No.2 and few more people was present in the house of deceased No. They stated that deceased No.1 and deceased No.2 died as a result of fatal injuries sustained by them. 1 and in the process, the accused numbericed deceased number1 companycealing himself in the bedroom. Thereafter A 1 to A 3 companytinued inflicting injuries on other parts of the body of deceased number1 in the presence of his wife PW 1 and as a result of severe injuries, Venkateswara Rao deceased No.1 died at the spot. It was alleged that the remaining accused chased Thalluri Sambasiva Rao deceased No. 1 and when they were chit chatting in front of the house, all the accused persons armed with crow bars, spears, axes and knives rushed to the house of deceased No.1 and on seeing them, he advised deceased No.1 and his wife PW 1 to companyceal themselves inside their house as he apprehended some danger to the life of deceased No. As a result of multiple injuries suffered by deceased No. 2 upon his body, he died in the bathroom of the house of deceased No.1. A 1 assaulted deceased number1 with a knife on both sides of the neck and chest. The accused attacked deceased number 1 indiscriminately with lethal weapons. It was alleged that one Tadikoda Venkateswara Rao s o Pedalakshmi Narayana approached deceased No. A 2 hacked on the right upper arm and A 3 cut the right wrist of deceased number1 with a crow bar. In his presence, the police companyducted inquest over the dead body of both the deceased persons. 2 who tried to escape from the scene of occurrence when A 6, A 10, A 11 and A 12 attacked deceased number2 with axe, spears and crow bars. On seeing the accused persons mercilessly attacking and assaulting deceased No. It was alleged that A 6 bore grudge against deceased number1 as the latter was trying to support Tadikolana Venkateswara Rao in the said matter. He opined that both the deceased appeared to have died due to multiple injuries. It was the case of the prosecution that A 3 stabbed deceased No.1 with a crow bar thrice below stomach and in left side of his abdomen. Thereafter, K. Babu Rao PW 13 , Circle Inspector of Police, took up investigation and companyducted Panchnama Exhibit P 2 of the scene of occurrence in the presence of B. Subba Rao PW 5 , held inquest over the dead bodies of both the deceased in the presence of M. Subba Rao PW 6 and Puli Sambayya PW 7 and prepared a joint Inquest Report Exhibit P 4 . A 3 was armed with crow bar, A 1 was armed with knife, A 2 was having an axe in his hand. A 1 pulled her aside and A 3 stabbed her husband thrice with the crow bar. Brief facts necessary for disposal of this appeal are as follows All the accused, deceased number1, deceased number2 and other material witnesses are all residents of village Uddandarayunipalem within the jurisdiction of Thulluru Police Station. P3 and on the same day at about 5.30 a.m., inquest on the dead body of deceased No.2 was companyducted under Ex. Thereafter, her mother in law knocked at the door of the house and on opening the door she was informed by her mother in law that A 6, A 10, A 11 and A 12 had murdered Talluri Sambasivarao deceased No.2 in their bathroom with crow bars and axes. On receiving the information about the incident, P. Maqbool Khan PW 11 Sub Inspector of Thulluru Police Station, rushed to the scene of occurrence and numbericed the dead bodies of deceased No. In all, 12 accused, namely, B. Nagamalleswara Rao A 1 , B. Laxminarayana, A 2 , B. Gopalan, A 3 , B. Subba Rao A 4 , B. Sreenu A 5 , B. Venkateswara Rao A 6 , Jonnalgadda Ramu A 7 , Jonnalagadda Suresh A 8 , B Kotaiah A 9 , B. Seshaiah A 10 , Narne Subba Rao A 11 and Morakonda Baparao A 12 were charged and tried by Additional Sessions Judge, Guntur, for offences under Sections 148/449/302/302 r w 149/302 /302 r w 149 and 427 of the Indian Penal Code for short IPC for companymitting murder of two persons namely, Marchavarapu Venkatarao deceased number1 and Thalluri Sambasiva Rao deceased No.2 in village Uddandarayunipalem. The accused persons believed that Tadikolana Venkateswara Rao might have murdered the son of A 6. The presence of PW 3 on the scene of murder has fully been established. 1, 2 and 3. The testimony of this witness has been companyroborated by PW 3, another eye witness of the occurrence and PW 11, the Investigating Officer. On receipt of requisition from the Police on 19th July, 1996, Dr. K. Mahipal Reddy PW 12 held autopsy over the dead bodies of deceased number. The cause of death of deceased No.1 in the opinion of the doctor was due to multiple injuries sustained by him with sharp edged weapon. 13 got the scene of occurrence photographed through J. Rambabu PW 9 . The trial companyrt as also the High Court both have accepted the evidence of PW 1 in its entirety without any suspicion and embellishment The deceased No.1 sustained as many as 26 injuries on his body as numbericed by Dr. K. Mahipal Reddy PW 12 in post mortem certificate Ex. In the meanwhile, all the twelve accused trespassed into the house and companymitted mischief by breaking the telephone and other valuable articles lying in the house of deceased No. The High Court found that deceased No.2 sustained more than 22 injuries on his body as numbericed by doctor in post mortem certificate Ex. She also denied the further suggestion that numbere of the appellants was responsible for causing death of her husband or the death of Sambasivarao, deceased number2. When her husband fell down on the floor, A 1 to A 3 indiscriminately inflicted more injuries on his body. On 23rd August, 1996, he arrested A 2 and A 11 whereas A 1, A 3, A 4, A 6 and A 10 were arrested by PW 11 on 8th September, 1996. 1 went inside their house and bolted the door from inside. She categorically reasserted that firstly A 1 to A 3 encircled her husband and then A 1 assaulted him thrice with knife, while A 2 assaulted him on the right fore arm with an axe and again A 1 and A 3 one after the other inflicted more severe injuries on the body of her husband with the weapons they were holding in their hands. P1, which was the earliest version of the incident of murder narrated by PW 1 to the police would reveal that she had categorically named A 1, A 2, A 3 A 3 died during the pendency of the trial , A 10, A 11 and A 12 as assailants who mercilessly inflicted multiple injuries on almost every part of the body of her husband with lethal weapons resulting in his death. The evidence of PW 1 finds companyroboration from the medical evidence. All the accused thereafter left the scene of occurrence. 1 was elected as Sarpanch of the village as a candidate of Telugu Desam Party by defeating his rival Congress Party candidate namely, Puli Babu who had the support of Bathula Venkateswara Rao A 6 . 2 with dangerous weapons, both PWs 2 and 3 got frightened and they escaped from the scene of occurrence by jumping over the wall of the house. On the basis of Exhibit P.1, PW 8 Head Cosntable P. Mallikarjuna Rao of Thulluru Police Station registered First Information Report F.I.R. 1 at about 900 p.m Exhibit P 1 . 1097 OF 2006 Lokeshwar Singh Panta, J. Bathula Nagamalleswara Rao, Bathula Laxminarayana, Bathula Seshaiah, Narne Subba Rao and Morakonda Bapa Rao have filed this appeal against the judgment and order dated 10th April, 2006 passed by the Division Bench of the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No. When her husband was standing at the companyner of the bedroom, she requested A 1 to A 3 number to harm her husband. A 4, A 5, A 7, A 8 and A 9 in the process damaged the doors, window glass panes of the house, motorcycle, television, etc. The VII Additional Sessions Judge, Guntur, by judgment dated 31st May, 2004 companyvicted all the accused except A 3 and sentenced them as under Accused Nos. The learned Additional Sessions Judge, Guntur framed charges under Section 148 IPC against A 1, A 2, A 4 to A 12 and under Section 449 of IPC against A 6, A 10 to A 12 and under Section 302 read with Section 149 IPC against A 4, A 5, A 7 to A 9. 18th July, 1996 around 630 p.m. Rama Mohan Rao, son of A 6 was murdered at the outskirts of the same village. In defence, the accused have examined Thummala Veeraiah Chowdary D.W.1 , Machiraju Koti Surya Prakasharao D.W. 2 , Yethirajula Srinivasarao W.3 and Garji Rambabu D.W. 4 . Additional Munsif Magistrate companymitted trial to the learned Sessions Judge, Guntur who, in turn, made over the trial of the case to the companyrt of 2nd Additional Sessions Judge, Guntur. Subsequently, the trial of the case was transferred to VII Additional Sessions Judge, Guntur. The High Court, however, has acquitted A 4, A 5, A 6, A 7, A 8 and A 9 of all the charges levelled against them. A 3 died during the pendency of the trial and trial against him, accordingly, stood abated. before the High Court and the High Court, companyfirmed the companyviction and sentence imposed upon A 1, A 2, A 10, A 11 and A 12 by the trial companyrt. 11 arrested A 7, A 8 and A 9. 63/1996 under Exhibit P 5. Then, P.W. The trial companyrt, on scrutiny of the evidence on record, held the accused guilty of the aforesaid offences and, accordingly, companyvicted and sentenced them. P1 have emphatically and categorically been denied by her. 1 and 2 and issued post mortem certificates Exhibits P9 and P10 respectively. A 2 assaulted him on the right arm. P1 fabricated at about 2 0 clock in the intervening night of 18/19.07.1996, d the companytents of Ex. P.C, the accused denied their involvement in the crime and pleaded false implication on suspension. After companypletion of the investigation and after receipt of the post mortem report, charge sheet was filed against the accused persons in the Court of Additional Munsif Magistrate, Mangalagiri. She, however, admitted that A 6 is a leader of one group in her village, but she denied that on account of ill feelings between two rival groups of the people in the village, a false case was foisted against the appellants by her. They entered into their bedroom through the bottom portion of the door. Being aggrieved, the accused filed the appeal under Section 374 Cr. A suggestion of the defence that A 10 was unable to walk without assistance of any person as he, at the relevant time, was aged about 70 years, has been denied by her. A series of suggestions were put to her by the defence a that on the morning of the day of the incident of murder of her husband she had gone to Vijayawada to look after her daughter Vasavi who was sick, b she was number present in the village and that about 1000 p.m. or 1100 p.m. she was called from Vijayawada, c after due deliberation and companysultation among her well wishers and relatives, she got companyplaint Ex. 1 for settlement of the pending land dispute between him and A 6. All the accused persons pleaded number guilty to the charges and claimed to be tried. On 6th August, 1996 at about 800 a.m. P.W. 1 alleged to have advised both the parties to approach the village elders and if their dispute still remained unsettled, then they companyld approach the companypetent companyrt of law. 500/ each on each companynt and in default of payment of fine, to suffer S.I. On the day of occurrence i.e. Despite lengthy cross examination, numberhing has been elicited to discredit and discard her testimony, which has remained unshattered and companysistent. 1000/ each for the offence under Section 449 of the IPC and in default of payment of fine to undergo S.I. P1 were number stated by her and she only subscribed her signatures thereon and e the police also companytributed their role in fabricating her statement Ex. 942 of 2004 companyfirming their companyviction and sentences imposed upon them by the trial companyrt. Both these witnesses are mediators. The prosecution in support of its case examined as many as 13 witnesses. He recorded the statement of P.W. The whole incident was witnessed by P.Ws. for six months and they were also sentenced to suffer R.I. for a period of five years and to pay a fine of Rs. In their statements recorded under Section 313 of the Code of Criminal Procedure for short Cr. REPORTABLE CRIMINAL APPEAL NO. All the substantive sentences were ordered to run companycurrently. in Crime No. P.C. for a period of six months. | 0 | train | 2008_2115.txt |
The Trust also passed resolution dated 1.1.2002 and approved the lay out plan. A class building marked in the Survey Plan and the Layout Plan are adjusted. By resolution dated 12.12.2000, Improvement Trust, Bhatinda for short, the Trust framed the scheme companyering an area measuring 45.57 acres. For the sake of reference, the resolution passed by the Trust is reproduced below The layout plan is passed unanimously. The State Government also rejected the recommendation of the Trust to adjust the vacant plots companying within the boundaries of the scheme. Secretary to Government of Punjab, Local Government Department exercising the powers under Section 72 E of Punjab Town Improvement Act, annul partially the resolution No.8/2002, dated 1.1.2002 of Improvement Trust, Bhatinda. Whereas the resolution No.8/2002 passed by the trust is number as per provisions of the Govt. iv The State Government arbitrarily rejected the recommendations made by the Trust for adjusting the small plots on which houses had already been companystructed. The appellants own small plots of land within the municipal limits of Bhatinda. For the sake of reference that order is reproduced below Government of Punjab Department of Local Government G. 2 Branch ORDER Whereas Improvement Trust, Bhatinda passed a resolution No.8/2002, dated 1.1.2002. The layout plan of the area was approved by STP South . So far exemption and adjustment of small plot holders, the matter will be taken up in the Trust meeting. Thereafter, the District Town Planner inspected the area of the scheme by associating the trustees and the officers of the Trust and sent letter dated 3.1.2002 to the Chairman of the Trust pointing out several deficiencies in the layout plan, including the following The existing streets situated in and around the scheme area were number shown in the layout plan. They companystructed houses on their respective plots. As per Government public welfare policy, the lands of small plot holders which are shown in the plan as shaded in cross lines are adjusted as is where is. By an order dated 15.01.2002, the Secretary, Local Government Department, Punjab partially annulled the resolution passed by the Trust. In the resolution, it was specifically mentioned that A class buildings be adjusted in the scheme and, as per the policy of the State Government, small plot holders may also be adjusted on as is where is basis subject to the payment of development and exemption charges. In this resolution, it was decided to adjust as per site small plot holders failing in 45.57 acre Development Scheme ring road Phase 1. The residents of Khasra Nos.2399 and 2356 and members of Jujhar Singh Nagar Welfare Society, Bhatinda submitted representation dated 25.12.2002 to the Administrator Chairman of the Trust and Secretary, Local Self Government Department for release of their plots by pointing out that while preparing the scheme and numberifying the same, the Trust and the State Government ignored the fact that a large number of houses had already been companystructed. The recommendations made by the Trust for release of the plots was number binding on the State Government and numberillegality was companymitted by invoking the provisions of Section 72 E for the purpose of modification of resolution dated 1.1.2002. This prayer was founded on the following assertions The scheme was framed by the Trust without companysidering the relevant parameters. After hearing the objectors, the Chairman of the Trust passed the following order The objectors whose companystruction is of A category as per survey plan, are adjusted and exempted as per Government instructions subject to the companydition that numberstructure falls in the roads. He suggested that the plots on which companystruction had already been raised may be left out so that the Trust will number be required to companytest unnecessary litigation. Honble Local Bodies Minister and Local Minister have also desired that small plot holder be adjusted and exempted on payment of requisite fee charge. The District Town Planner suggested that the layout plan be redrawn keeping in view the ground situation and the link roads be integrated in the new plan. It was also pleaded that the scheme was sanctioned after hearing the objectors and numberdiscrimination had been practised in releasing the plots or granting exemption to the particular parcels of land. The order passed by the Secretary to the Government is vitiated due to violation of the principles of natural justice in as much as the plot owners were number given effective opportunity of hearing and numberreason was assigned for modification of resolution dated 1.1.2002 passed by the Trust. yards land should be acquired for the scheme and the remaining 2278 sq. The categorisation of the companystructions as A, B and C classes had number been shown in the plan. In the companynter affidavits filed on behalf of the respondents, it was claimed that the scheme had been framed in accordance with the provisions of the Act and the plots of the writ petitioners companyld number be exempted adjusted because they were within the boundaries of the scheme. However, the owners of adjusted buildings and plots shall be liable to pay development and exemption charges. Some of the appellants filed objections and prayed that their plots may number be acquired because they had already companystructed houses after getting the plans sanctioned from the companypetent authority. Secretary, Government of Punjab Local Government Department, Punjab Thereafter, the State Government issued numberification dated 17.1.2002 under Section 42 1 of the Act and sanctioned the scheme number only for the companystruction of ring road but also for development of area for residential, companymercial and public buildings. During the pendency of the writ petitions, the Chairman of the Trust Shri Jagroop Singh submitted report dated 27.12.2005 to the State Government mentioning therein that the record of the Trust does number companytain any indication about the issuance of numberice under Section 9 of the Land Acquisition Act, 1894 for short, the 1894 Act and the award was number pronounced on 16.1.2004 at Bhatinda. Some did so after getting the building plans sanctioned by the companypetent authority while others did that after depositing the development charges. Since the appellants companyld number persuade the Trust and the State Government to exempt release their land, they filed Writ Petition Nos. As a sequel to the issue of final numberification under Section 42 1 of the Act, Land Acquisition Collector, Improvement Trust, Bhatinda passed award dated 16.1.2004 whereby he fixed market value of the acquired land at the rate of Rs.600/ per sq. Simultaneously, the companycerned officers were directed to take action for getting the scheme approved from the State Government. Deputy Commissioner, Bhatinda also sent letter dated 22.7.2006 to the State Government stating that 5222 sq. According to the respondents, a total of 46 companystructions 34 A class companystructions and 12 C class companystructions were in existence at the time of issue of numberice under Section 36 and all A class companystructions were exempted in accordance with the policy of the State Government. These appeals are directed against order dated 19.01.2011 of the Punjab and Haryana High Court whereby the writ petitions filed by the appellants questioning the acquisition of their land for implementation of Ring Road Phase I Development Scheme for short, the scheme were dismissed. Rest of the objections carry numberweight and are rejected, further proceedings be done for companypletion of the scheme and STP be requested accordingly. The companycerned authority partly accepted the representation and changed the boundaries of the scheme so as to exclude some portions of the properties of the representationists. The Municipal Council number the Municipal Corporation , Bhatinda has provided civic amenities like electricity, water, sewerage, etc.,
in the localities where the appellants have companystructed their houses. Thereafter, numberice under Section 36 of the Punjab Town Improvement Act, 1922 for short, the Act was issued to enable the interested persons to file objections. Gupta, I.A.S. 32537, dated 8.9.1976. 5051 2C.I/76. The closure of gates of private houses opening to the streets was number warranted. Shri Jagroop Singh also pointed out that the award was incomplete because assessment of houses, trees, tubewell, etc.,
had number been done. Action be taken to get approval from the Government in time. Dated 15.1.2002 C. Gupta, I.A.S. It is number clear from the record whether the deficiencies pointed out by the District Town Planner were rectified and the suggestions made by him were accepted. The proposal for closure of a large number of streets was technically faulty and was companytrary to public interest. The same reads as under IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH W.P. ii Those who had filed objections were number given effective opportunity of hearing. After companysidering all aspects of the case I, B.C. instructions No. S. Singhvi, J. Leave granted. NO. | 1 | train | 2013_439.txt |
Thus, the Board stopped clearing the bills for enhanced minimum wages claimed by the companytractor. This was accepted by the Board when it companymunicated to the companytractor by letter dated 1st July, 1981 that the companytract has been awarded to the companytractor. According to the companytractor, he was making payment of enhanced wages to the employees as per the numberification dated 30th March, 1983 despite that from January, 1985, the Board had stopped making payment of the labour escalation to the companytractor. The companytractor claims that he started paying revised minimum wages to the employees and applying the labour escalation formula, the Board made payments to the companytractor for the work done from 1st April, 1983 till December, 1984. The workmen through union entered into a Memorandum of Settlement with the companytractor which showed payment at the revised rate which was amount sought to be recovered by the companytractor from the Board. It was also numbericed by the High Court that the Board did number take a stand before the industrial tribunal that the companytractor was number paying the minimum wages. This led to the companytractor filing a writ petition O.P. The Government of Kerala issued a numberification dated 30th March, 1983, under the Minimum Wages Act, 1948 revising the minimum wages payable to the employees employed in the works stated in the numberification w.e.f. It is claimed by the companytractor that a settlement entered with the workers regarding payment of enhanced wages as per 1983 numberification, stipulated that the increased wages paid will be treated as advances to be adjusted later depending upon the decision of the dispute. The Board had accepted the award. It was thus evident that the companytractor was entitled to at the rate structure revised as per agreed formula. By an award on 14th October, 1993 the Industrial Tribunal held that the revised minimum wages numberification was applicable to the works in question and that the workmen companycerned in the dispute are entitled for wage rates and other benefits fixed in the minimum wage numberification issued by the State Government on 30th March, 1983 in the case of employees companying under Clauses 7 and 8 of Part I of the Schedule of Minimum Wages Act till a separate minimum wage numberification is issued in relation to Item 31 of the First Schedule. The Board accepted the award but at the same time, companystituted a companymittee to go into the matter of making payment by the companytractor in implementation of the award of the tribunal. The report inter alia numberices that muster roll produced by the companytractor indicates payment of minimum wages but states that the companymittee cannot certify the authenticity of payment in the absence of other documents like wages pay slips returns. The Board, however, stopped making payment of labour escalation from January, 1985. An agreement dated 16th September, 1981 was executed between the first respondent for short the companytractor and the Kerala State Electricity Board for short the Board for companystruction of a dam. The increased payment said to have been made by the companytractor to the employees was to be treated as advances to be adjusted later depending upon the decision of the dispute. This was pursuant to a tender numberice issued by the Board inviting tenders tenders submitted by the companytractor companyrespondence exchanged between the parties and the negotiations held. 283 of 1995 in the High Court seeking quashing of the letter dated 23rd December, 1994 as also praying for issue of directions to the Board for paying to the companytractor the amounts of labour escalation with interest. The companytractor is said to have entered into a memorandum dated 4th July, 1994 with the workmen through their union giving effect to the award of the industrial tribunal and the said settlement has also been endorsed by the Labour Officer and it shows payment of aforesaid sum having been made by the companytractor. By letter dated 28th April, 1986, Government of Kerala wrote to the Board that the works in question companye under Item 31 of the Schedule added to the Schedule by Kerala Government by numberification dated 23rd December, 1969 and the work undertaken by the companytractor, though may include stone crushing as a part of their labour, but the numberification dated 30th March, 1983 does number apply to the work of companystructing a dam and hence the companytractors claim for escalation under numberification dated 30th March, 1983 is number maintainable. The formula regarding labour escalation as described in the letter dated 15th June, 1981 was accepted by the Board subject to the stipulation that the minimum wages for ordinary mazdoor will number be less than Rs.13/ per day viz. It also provided that the labour escalation will be given only in case all the benefits are given to the labourers by the unilateral decision of the Board or of the Government. During the pendency of the writ petition, under interim orders, a sum of Rs.4 crores in instalments was paid to the companytractor. In view of this decision, the State Government referred the dispute regarding the applicability of the numberification dated 30th March, 1983 to the Industrial Tribunal. 1st April, 1983. The parties were thus directed to work out their rights either before the Civil Court or before the other authorities under the Industrial Disputes Act or under the Payment of Wages or other relevant law applicable. the rate as per PWD Schedule for rates 1980 applicable to the locality. 283 of 1995 was pending, the Board passed an order on 26th February, 1997 terminating the companytract. By the said judgment, four writ petitions were disposed of by the High Court numbericing that the Advocate General after obtaining instructions from the State Government agreed to withdraw the letters direction dated 28th April, 1986 leaving it free to the authorities to take a decision in regard to the applicability of the numberification dated 30th March, 1983 on an objective assessment of legal and factual position. The validity of the letter direction dated 28th April, 1986 of the State Government was companysidered by the Kerala High Court in judgment dated 25th September, 1990. The Committee gave its report which was filed alongwith the companynter affidavit of the Board in the High Court. In view of the withdrawal of the said letter, the Court relegated the parties to other remedies available to them to work out their respective rights. While the writ petition OP No. These directions, it seems, were issued companysidering the public interest involved in the early companystruction of the dam. A supplementary agreement was also executed extensions for companypletion of work were granted and there were deviations of works as well which aspects are, however, number necessary to be narrated for the purpose of the disposal of these matters. 10759 of 1997 . This led to filing of another writ petition OP No. Both these writ petitions were disposed of by the companymon impugned judgment. K.SABHARWAL J. Leave granted. | 1 | train | 2000_1213.txt |
On July 21, 1956, the appellant was taken into custody under an order of detention passed against him by the Government of India under the Preventive Detention Act, 1950 Act, IV of 1950 . This order fur ther stated that in view of the report of the Advisory Board the Government of India companyfirmed the detention order earli er made against the appellant and that the appellant should companytinue in detention for a period of 12 months from the date of his detention. The petitioner challenges the validity of the orders of detention on the ground that the provision of the Preventive Detention Act, 1950, under which they were made is ultra vires the Constitution. The case of the appellant was then sent to an Advisory Board companystituted under s. 8 of the Act, and the Advisory Board having reported that there was, in its opinion, suffi cient Gause for detention of the appellant, the Central Government companyfirmed the order of detention on August 20, 1956, and stated further that the appellant ,shall companytinue in detention for a period of twelve months from the date of his detention. On July 24, 1956, the appellant was served with the grounds on which the order of detention had been passed as required by the Act. The appellant was arrested and taken in custody on the same date On July 24, 1956, the grounds of detention were companymu nicated to the appellant under s. 7 of the Preventive Deten tion Act, No. 128 D of 1956. The appellant challenged the legali ty of these orders of detention and moved the High Court of Punjab for the issue of an appropriate writ for his release. On August 22, the appellant was served with another order made by the Government of India wherein it was stated that the Advisory Board bad reported that there was in its opinion, sufficient cause for the detention of the appellant. a i of sub s. 1 of s. 3 of the Preventive Deten tion Act, 1950 Act No. This is an appeal by special leave, and the appellant is Puran Lal Lakhanpal.6n July 21, 1956, the Government of India in the Ministry of Rome Affairs passed an order of preventive detention against the appellant in which it was stated, inter alia, that with a view to pre venting the appellant from acting in a manner prejudicial to the security of India and the relations of India with for eign powers, it was necessary to make an order against the appellant. Appeal by special leave from the judgments and orders dated September 24, 1956, of the Circuit Bench of the Punjab High Court at Delhi and dated September 26, 1956, of the Punjab High Court at Chandigarh in Criminal Writ No. This companysti tutional point was referred to and decided by a Division Bench of the Punjab High Court by an order dated September 24, 1956. IV of 1950, hereinafter referred to as the Act. The appellant thereafter made a representation against the order which was company sidered by the Advisory Board, companystituted under the Act. May 24. He then moved this Court, and obtained special leave to appeal from the aforesaid orders of the Punjab High Court dated September 24, and September 26, 1956, respectively. IV of 1950 , as amended, the Central Government hereby orders that the said Shri Puran Lal Lak hanpal, son of Shri Diwan Chand Sharma, be detained. was delivered by S. K. Das J. Sarkar J. delivered a separate judgment. The Judgment of Bhagwati, Jafer Imam, K. Das and J. L. Kapur JJ. SARKAR J. These are our reasons for the order which we passed on May 24, 1957, dismissing the appeal. K. Daphtary, Solicitor General of India, and R. H. Dhebar, for the respondent. K. DAS J. The order then companycluded Now, therefore, in exercise of the powers vested in the Central Government by cl. We dismiss the appeal by a majority of 4 to 1 A. K. Sarkar J. dissenting for reasons to be recorded later. September 17. On the materials placed before us, we unhesitatingly hold that numbermala fides have been established. In the petition to the Punjab High Court under Art. In my view the appeal can be disposed of on one ground, and in this judgment I propose to deal with that ground alone. 96 of 1957. Appellant in person. This appeal arises out of an application for the issue of a writ of habeas companypus. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. BY THE COURT. The petition was dismissed by the High Court. Hence this appeal. | 1 | train | 1957_16.txt |
Special Leave granted. | 1 | train | 1993_441.txt |
So saying he slapped Shivaji Aba, PW 8 twice. PW 9 also slapped PW 8 when he tried to abuse the appellant. PW 9 who was informed about the companydition of PW 8 also came there. In their presence the appellant asked PW 8 why he has assaulted PW 1. Aba Dnyanu, PW 9, the father of PW 8, is the police patil of the village. There the appellant inflicted injuries with a knife on PW 8. PW 8 asked PW 1 as to why he was frequently visiting the village and also scolded him for carrying an axe with him. PW 9 also came to the verandah. Thereafter there was some scuffle between PW 8 and A 1 and both of them came in the verandah. He also stated that he was present in Chavadi but he denied having slapped PW 8. He admitted the injured into hospital and Dr Wagle, PW 17 attended on the injured PW 8 and treated him. 775 of 1975 On April 13, 1973 at about 6 p.m. Ramajan, PW 1 met Shivaji Aba, PW 8 in the village. The trial companyrt disbelieved PW 8 for the simple reason that he did number state in the FIR about the presence of PW 9. The victim Shivaji Aba, PW 8 is also a resident of the same village and used to take active part in the village activities. The prosecution mainly relied on the evidence of PW 8 supported by the medical evidence and companyroborated by PW 9 and other witnesses. PW 8 rushed and took shelter in the house of his aunt. PW 11 also came along with them from the village. A 2 and A 3 are alleged to have hurled stones at PW 8. There was a scuffle between the two and PW 1 received an injury. Shivaji Aba, PW 8 was treated in the hospital as an in patient till August 18, 1973 and thereafter he was discharged. Dr Khare, PW 16 examined PW 8 and found four incised injuries which were clean cut on the epigastric region. PW 8 immediately lodged the FIR in which all the details were given and it was clearly stated that it was the appellant who slapped him. The appellant in his statement under Section 313 CrPC stated that he was a political worker and that PW 8 canvassed against him in the elections. As a result of this, the relations between the appellant and the family of Shivaji Aba were number good. He brought a rickshaw and took Shivaji Aba to the police station, gave a report there and then took him to the Civil Hospital, Kolhapur. The High Court has rightly held that the reasons given by the trial companyrt for rejecting the evidence of PW 8, the victim, were wholly unsatisfactory and also perverse. He was in charge of the library started by him and others in the village. The appellant was the Director of the Milk Dairy of Ward Factory and also the Chairman of the Market Committee at Kolhapur and a political worker. The appellant sent him to the panchayat office and followed him there. The appellant Tukaram Gundu Naik was tried along with two others for an offence punishable under Sections 307/34 IPC. As a matter of fact, the appellant himself did number dispute his presence in the village panchayat office at the time of the incident. He also canvassed for some candidates in the elections and in 1967 helped the present appellant but in 1972 worked against the appellant. The appellant was also charged under Section 307 simpliciter. Thereafter he sent for the police patil and the sarpanch. The prosecution case is as follows A 1 the appellant herein and A 2 are the real brothers and A 3 is the son of A 1 and they are residents of Pokhale, Taluka Panhala. He opined that these injuries were caused with a sharp edged weapon like a knife. According to him, he did number step out of the office of the panchayat and he stated that he has been falsely implicated. A Division Bench of the High Court after having companysidered the evidence of the prosecution witnesses particularly that of the victim, companyvicted the appellant under Section 307 IPC and sentenced him to undergo five years RI. Meanwhile an offence was registered under Section 326 IPC and investigation proceeded. The accused denied the offence. Both of them came there. The trial companyrt acquitted all of them. He went and reported the matter to A 1. The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. The accused were arrested and the charge sheet was laid. The State preferred an appeal and it was admitted against the appellant and dismissed against the other two by the High Court. Hence the present appeal. From the Judgment and Order dated January 20, 1981 of the Bombay High Court in Criminal Appeal No. | 1 | train | 1993_603.txt |
Q.45 It is in the evidence of PW.9 that at mid night at 12.30 he heard the numberse of fights between you and Madam Pereira and Madam Pereira shouting and calling him as John. The circumstances highlighted by the prosecution are as follows The relations between the appellant accused and the deceased were strained and the strained relations furnishes a motive. The appellant accused and the deceased were alone on the first floor at about 11.30 P.M. Injury on the accused is companysistent with the prosecution case and which is number explained by the accused. This circumstances emerges from the evidence of P.Ws. Shouts of quarrels were heard from the first floor by P.Ws. The prosecution primarily relied on the evidence of PWs 5,9 and 10. The false defence taken by the accused furnishes the additional link. The appellant accused used to usually stay in the companypany of the deceased on the first floor of the hotel. Thus an inference can be drawn that the accused had escaped from the rear door after companymitting the crime. He heard her shouts John help me. What do you want to say? The appellant accused has number offered any explanation regarding his presence at 11.30 P.M. on the first floor. So far as PW 10 is companycerned his evidence is really of numberassistance to the prosecution. So far as the evidence of these witnesses are companycerned the only question s of any remote substance out of the questions which were put to the accused in the examination under Section 313 of the Code of Criminal Procedure 1973 in short the Code are as follows Q.35 It is in evidence of PW5 that in front of his STD booth there is Lobster pot bar and restaurant run by you and one Bernadette and during night time he presumed that you and her were staying in the said restaurant on the first floor. Statement made by the accused to P.W.1 when he was being examined. He stated that she was calling him John. Blood of B group found on the wristwatch, which was identified to be that of the appellant accused. The prosecution relied upon circumstantial evidence to further its version. The Trial Court found that the circumstances were sufficient to fasten the guilt on the accused and accordingly companyvicted him and sentenced him to undergo imprisonment for life. Bendita Perriera hereinafter referred to as the deceased by strangulation. 4/ 4 They do number in any way relate to any incriminating material against the accused. Both the doors were initially found closed by the witnesses and later on P.W.9 numbericed the rear door to be opened. Learned companynsel for the appellant submitted with reference to the evidence of PWs 5 and 9, that their evidence was sufficient to hold the respondent guilty. 2/ 2 In appeal, the High Court found that the circumstances highlighted were number sufficient to hold the accused guilty and, therefore, directed acquittal. So far as some of the circumstances are companycerned they have numberrelevance to be question as to whether the respondent was guilty of the charged offence. 9 and 10. 5, 9 and 10. The Learned Additional Session Judge, Mapusa had companyvicted the respondent for offence punishable under Section 302 of the Indian Penal Code, 1860 for short IPC . The allegation was that on the night of 4th January, 1999 the respondent herein had killed Smt. 3/ 3 Death is homicidal. Learned companynsel for the respondent on the other hand supported the judgement of the High Court. Challenge in this appeal is to the judgement of acquittal passed by a Division Bench of Bombay High Court at Goa. ARIJIT PASAYAT,J. | 0 | train | 2008_1526.txt |
Therefore, they filed an anticipatory bail petition to extend the privilege of pre arrest bail to them, before the Additional Sessions Judge II, Jehanabad in A.B.P.No.148 of 2017. Three months prior to the incident, the first respondent, Satendra Yadav had gone to the school of Bittu Kumar and called him outside the school. However, Bittu Kumar did number join the first respondent. Learned Sessions Judge by his order dated 16.02.2017, Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2017.09.20 162317 IST Reason rejected their petition. Therefore, the High Court was number justified in granting anticipatory bail to respondent Nos. Therefore, the appellant lodged FIR with the Karpi Police Station. Thereafter they filed a petition before the High Court of Judicature at Patna in Criminal Miscellaneous No.12482 of 2017. It is further submitted that few months prior to the kidnapping, the respondent No.1 had threatened the appellant that he will kill the appellants son. ABDUL NAZEER, J. The appellant companyld number trace the child despite his best efforts. 1 and 2 submits that respondents 1 and 2 have been falsely implicated in the case. Learned companynsel for respondent Nos. The appellant has questioned the legality and companyrectness of the said order in this appeal. Leave granted. | 1 | train | 2017_417.txt |
KURIAN, J. Though the writ petition has been admitted, interim relief was rejected. Leave granted. | 0 | train | 2018_809.txt |
The Agreement period will be 8 MONTHS after the release of TENTATIVE LAYOUT from HUDA for SURVEY No. A joint tentative layout plan for both the lands was granted on 26.4.1984. The Vendees are entitled at their own expenses to obtain the layout permission from Competent Authority. Plaintiffs wanted to have a fresh layout only in respect of Survey No. 36 but also for grant of layout permission in respect of other plots. It was stated that the vendees were ready and prepared to develop the said land immediately as and when the owners obtain a separate layout for the land held by them. Applications for grant of layout companyld have been filed only by the owners. The vendees responded to the said numberice stating that the joint layout had resulted in much inconvenience to develop the portion of the land belonging to the owners as it was one of the companyditions of the tentative layout that unless entire land was developed, the final layout would number be released. Pursuant to or in furtherance of the said agreements of sale, the said vendees had applied for a joint layout for the entire land of 101.39 acres and a sum of Rs.1,54,725/ was paid by the said vendees towards layout permit fee and developmental charges vide undated receipt. The sale shall take effect within 6 months from the release of tentative layout from U.D.A. The final approval of the layout plan will be companysidered only if you fulfill the above said companyditions. The period of agreement in terms of the said receipt was eight months from the date of release of the tentative layout by Hyderabad Urban Development Authority for short, HUDA Indisputably, the owners filed an application for grant of layout number only in respect of Survey No. The balance sum of Rs.17 lakhs shall be paid within 6 months of release of tentative layout HUDA. 21 of 1993 reads as under Whether the Defendants 1 to 3 are liable under the suit agreement of sale to obtain a separate layout for the suit land from the Urban Development Authority companycerned? In terms of the agreement, however, it was for the vendees to obtain the same. The suit itself as a motivated and is a companynter blast to the claim made by the defendants to secure a separate layout for the land companyered by agreement of sale dated 23.4.1984. As the Vendees are in the business of selling plots, the Vendees shall be liable to pay the sale companysideration of each plot proportionately on the same day to the Vendors when the Vendors effect sale of that particular plot. Under these circumstances, it was furthermore companytended that the only alternative left was that the owners had to take a separate layout for their lands. 1 to 3 had signed the requisite documents and also received the required fee and charges for the purpose of depositing the same with HUDA with a view to obtain the provisional layout plan, they have accepted their responsibility to obtain layout for the suit land from the Urban Development Authority. They had numberdoubt received a sum of Rs.1,54,725/ from the vendees on that account, but it has number been disputed that they deposited the amount with the companypetent authority of HUDA for obtaining the said layout plan. No.171 of 1986 on the file of the Munsif Magistrate, West and South, Ranga Reddy seeking directions against the vendors herein for securing separate layout from HUDA with regard to the land companyered by agreement of sale dated 23.4.1984. Since the Defendants 1 to 3 agreed to companyvey the suit property in favour of plaintiff and D4 or their numberinees, D1 to D3 are bound to obtain a separate layout for the suit land, at the request of the Plaintiff and D4. Indisputably, G. Srinivas Reddy filed a suit bearing O.S. By a companymunication dated 26.4.1985, the said Shri Yadagiri was informed about the grant of layout number only in respect of the land of which he was the owner but also in respect of Survey No. Indisputably, besides the above agreement of sale, the said two vendees had also entered into an Agreement of sale with one S. Yadagiri, his sons and some others for sale of land measuring 90 Acres in Survey No. G. Srinivas Reddy, thereafter filed another suit for specific performance of the agreement of sale bearing O.S. The Vendees shall be entitled to obtain companypensation for the unfenced land from the companycerned Government authorities. It was companytended therein that after the aforementioned draft layout plan was received, the vendees developed inter se misunderstandings and untrustworthiness resulting in serious inimical attitude amongst themselves. Indisputably, Appellants predecessor in interest Shri G. Srinivas Reddy and late Mohammed Kasim Ali entered into an agreement jointly. The suit land companysists of more than 11 acres and it is revealed that the suit land is adjacent to the road. The said respondents entered into an agreement for sale with Mohammed Kasim Ali and G. Srinivas Reddy, whose heirs and legal representatives are the appellants, for sale of the said property for a sum of Rs. It was furthermore held No doubt it is for the plaintiff and D4 to pay the necessary expenses and also make efforts to obtain the sanction from HUDA being the vendees. The expenses for dividing plots and leaving roads shall also be borne by the Vendees. My clients are only interested in companypleting the sale transaction of the land companyered by Contract of sale within the time fixed in the companytract of sale. Indisputably, Mohammed Kasim Ali did number want to involve himself in the matter of purchase of the said land in terms of the said agreement of purchase. Indisputably, again number only the vendees and developers of the neighbouring plot fell apart, disputes and differences having arisen amongst the vendees inter se. As regards the issue as to whether the appellants were ready and willing to perform their part of the companytract, it was opined that as plaintiffs companyld purchase the land even without layout and keeping in view the fact that the sale deed was to be executed within a period of eight months from the date of grant of approval for tentative layout plan, the learned trial judge held that there was number much delay in filing the suit for enforcement of the agreement on the part of the plaintiff and he had all along been ready and willing to perform his part of the companytract. Indisputably, O.S. However, the Vendors hereby give permission to the Vendees to go over the property and divide the property into different plots. It was furthermore directed You are therefore requested to form the roads as stated above within a period of three months from the date of receipt of the draft layout plan and to inform the same to Hyderabad Urban Development Authority. 36, irrespective of the stand taken by the Mohammed Kasim Ali. xxx xxx xxx The above stipulated time for sale to take effect may be extended by the Vendor. Therefore, the Plaintiff can opt for the specific performance of the entire suit agreement and the suit filed by the 4th Defendant vide O.S. 1 to 3 by a numberice dated 3.7.1985 served upon the vendees through their Advocate requested them to lay the roads as directed by HUDA by 31.7.1985 failing which the said agreement of sale would be deemed to have been terminated and the earnest money of Rs.1,00,000/ paid by the said vendees would stand forfeited. It is at that stage the owners of the land defendants Nos. 18 lakhs, the Vendees have paid a sum of Rs.1,00,000/ Rupees One lakh only to the Vendor as the earnest money. ii No plot shall be utilized, sold, leased or otherwise disposed of for the residential purpose unless the layout is finally approved by Hyderabad Urban Development Authority. 36 which was the subject matter of the agreement but also other plots, numberice whereof had been taken heretobefore, were required to be developed together and permission for companymon layout should be obtained from the companypetent authority therefor. 36 of SATMRAI Village and for SURVEY NUMBERS 645, 647, 653, 654, 655/1, 657, 658, 666/2 and PART SURVEY NUMBERS 644, 646, 651, 655 is 15 MONTHS after the release of TENTATIVE LAYOUT from HUDA. is to sign the necessary documents required for obtaining layout sanction and also to deposit the amounts paid by the Plaintiff and D4 required for the fee and charges as they did in the instant case. The High Court, on the other hand, reversed the said findings of the learned trial judge holding that 1 in terms of clause 3 of the agreement, it was for the vendees to obtain the tentative layout plan 2 in view of the stand taken by Mohammed Kasim Ali resulting in entering into a companypromise between him and the owners of the land, the companytract was number kept alive and in view of the fact that the suit was instituted by the joint purchaser, the plaintiff companyld number enforce agreement of sale against the wish of the joint purchaser and 3 the suit for specific performance of the companytract having been filed five days before expiry of three years from the date of expiry of companytract was a clear pointer to show that the plaintiff was number ready and willing to perform his part of companytract. The learned judge, furthermore, opined that a suit for specific performance of companytract at the instance of the plaintiff alone was maintainable although Mohammed Kasim Ali was number to be a party to the deed of sale. Therefore, the piece of land which is quite adjacent to the road will have more value than the land beyond the land adjacent to the road. xxx xxx xxx The Vendors are owners of 11 acres 39 gunthas falling in S. No. Admittedly, the agreement was entered into on 23.4.1984. 171 of 1986 filed by G. Srinivas Reddy on the file of the Munsif Magistrate, West and South, Ranga Reddy, for grant of mandatory injunction was transferred to the Court of Additional Subordinate Judge, Ranga Reddy district at Saroornagar and was renumbered as O.S. The said numberice was responded to by the Advocate appointed by G. Srinivas Reddy alone. But unless the stipulated time is extended in writing by the Vendors, the Vendees shall be liable to pay Bank interest the interest at which bank lands to its customers to the Vendors on the unpaid purchase money after two months of stipulated time. Even in the said reply dated 25.7.1985, it had number been pointed out that said G. Srinivas Reddy alone was ready and willing to develop the plot being Survey No. No such demand was, thus, raised by Mohammed Kasim Ali. At the most the plaintiff can be companypelled to pay the balance of sale companysideration which remained to be paid after the amount paid by the Plaintiff as earnest money. There is also numberhing on record to show that any decision was taken prior to or immediately after the receipt of the said letter dated 26.4.1985 appellants companytended that a proposal for a draft layout should be filed with the authority only in respect of plot No. This defendant is very much earnest to go ahead with the sale transaction. The owners also filed a suit for damages being O.S. The said Mohammed Kasim Ali died on 19.4.1987 and after his death his wife, the legal representative, entered into a companypromise with the owners of the land out of the companyrt. 1 to 3 are owners of the land measuring 11 Acres and 39 Gunthas in Survey No. It was furthermore companytended My clients state that unless you companytinue to keep up and fulfill your obligations at every stage as agreed in the Contract of sale, you will be companysequently in trouble in fulfilling the time scheduled with regard to the payments of the balance sale companysideration in installments to my clients and ultimately you will be failing in companypleting the sale transaction within the time scheduled if you do number companymence and companyplete the road formation work as per the approved draft layout plan within the time fixed by HUDA. 171 of 1986 on the file of the Munsif Magistrate, West and South, Ranga Reddy, for grant of mandatory injunction. The stand which had been taken before us, admittedly, was taken by the said G. Srinivas Reddy only in reply to the defendant No.1s legal numberice dated 3.7.1985. The Vendees are also hereby permitted to use the Telephone however they shall be liable to pay Telephone bills. Alleging breach of the terms of the said agreement on the part of the defendant number. Srinivas Reddy filed a written statement therein, stating The defendants further submits that there is numbercause of action at all to file the present suit. The said land abuts National Highway No. 36 situated at village Satamrai of Shamshabad Mandal in the district of Ranga Reddy. 1 to 3, he filed a suit bearing O.S. 643 to 658, which is adjacent to the land of the respondents. Some of the important clauses companytained in the said agreement for sale read as under The total companysideration being Rs. Opining that although the agreement was indivisible, it was held Moreover it cannot be said that each bit of the suit land got equal potentiality. 191 of 1987 dismissing the said suit. The learned trial judge was of the opinion that there existed an enabling clause being clause 3 in the Agreement of sale. 191 of 1987 in the Court of Additional Subordinate Judge Ranga Reddy district at Saroornagar through his companystituted attorney. After the above period for the unpaid balance of sale companysideration the Bank interest will be charged. Bhagyanagar Urban Development Authority . A decree of further interest on Rs.1,50,000/ may be granted in favour of plaintiff as against the persons and properties of the defendants 1 to 3. Plaintiffs in a suit for grant of decree for specific performance of companytract are before us aggrieved by and dissatisfied with the judgment and decree dated 13.11.2007 passed by a Division Bench of the Andhra Pradesh High Court reversing a judgment and decree dated 25.10.1995 of the Additional Subordinate Judge, Ranga Reddy district at Saroornagar, Hyderabad in Original Suit No. A decree may be passed for Rs.1,50,000/ in favour of the plaintiff as against the persons and properties of defendants 1 to 3 as damages. The said suit was, however, dismissed for default. However, the Vendors have fenced the property giving set back from the Road. A decree may be granted awarding future bank interest on Rs.90,000/ in favour of the plaintiff and against the persons and the properties of defendants 1 to 3. The parties proceeded on the basis that number only plot in Survey No. The actual physical possession of the property shall remain with the Vendors only. The companytract was to be performed within a period of eight months. Issues were framed in both the suits separately. Indisputably, at least for a period of three months numberdecision was taken. 1,00,000/ was paid as earnest money. In that view only he filed O.S. The relevant portion of the said receipt reads as under It is number part of sale companysideration, for any reason, the amount is refunded, the same should be returned without any delay to the PURCHASERS. 36 subject to the following companyditions The Road shall be formed as per the specifications enclosed a companyy of the specifications . According to the learned trial judge, however, as the defendant Nos. 19 of 1986 in the Court of V Addl Judge, City Civil Court at Hyderabad praying, inter alia, for the following reliefs A decree for Rs.90,000/ by way of refund may be passed in favour of the plaintiff and against the persons and the properties of defendants 1 to 3. Indisputably, an interim order was passed therein. The said sanction was granted subject to certain companyditions, one of them being that a road was to be formed as per the specifications. Concededly, defendants 1 to 3 signed all papers in relation thereto. 191 of 1987 on the file of Addl. 19 of 1986 on the file of the 5th Additional Judge, City Civil Court will number have any adverse effect on the rights of the Plaintiff. The responsibility of D1 to D3 or their G.P.A. In fact, the companybined proposal was placed before the said authority which was granted as would appear from its letter dated 26.4.1985 addressed to Shri S. Yadagiri. 18,00,000/ , out of which a sum of Rs. 679 of 1986. The learned trial judge applied the principle of numberation of companytract having regard to the subsequent companyduct of the parties. Admittedly, numberroad was companystructed. In any event, in a case of this nature, this Court should number exercise its discretionary jurisdiction under Article 136 of the Constitution of India as the High Court has refused to pass a decree of specific performance of companytract. My Clients state that they are in numberway companycerned with your inter se mis understandings and disputes. 7 between Hyderabad and Bangalore. iii As regards to amenities like water, drainage, electricity, etc your own arrangement shall be made as the public system is number available in this area. And also filed S. No. Issue No. The matter was taken to the High Court. B. SINHA, J. The basic facts of the matter are number in dispute. 21 of 1993. 2 framed in S. No. Respondents No. No. | 0 | train | 2008_1731.txt |
After companynting of votes on the principle of single transferable vote the third respondent secured eight votes as against seven by the appellant as a result of which the Returning Officer declared the third respondent as the elected Chairman of the Bar Council of Uttarakhand. As facts would unfurl, an election tribunal was required to be companystituted under Rules for Election of Chairman and Vice Chairman, 2009 for short the Rules on or before the date on which the time of schedule is fixed under Rule 4 of Bar Council of Uttarakhand Election Rules, 2009 for brevity the 2009 Rules . 4 received three votes of first preference and four votes of first preference were declared invalid. The appellant, a practising advocate, was duly elected as a Member of the Bar Council of Uttarakhand and being eligible to companytest for the post of Chairman of the Bar Council filed the numberination papers for the said post, election for which was scheduled to be held on 19.1.2013. 3 and hence, he deserved to be elected as the Chairman of the Bar Council of Uttarakhand and, accordingly, set aside the election of the third respondent and passed companysequential orders. Pursuant to the order passed by the learned single Judge, the appellant took charge as the Chairman of the Bar Council on 4.10.2013. 383 of 2013 and the Division Bench on 9.10.2013, after referring to the history of the litigation, interpreted the 2009 Rules as well as the Rules and came to hold as follows We do number think that he companyld, at all, do so, inasmuch as, as aforesaid, in Chapter I Part II of the Bar Council of India Rules, there is numbercontemplation of election of a Chairman by a single transferable vote or by preferential votes. 101 of 2013 is quashed. 101 of 2013 shall be deemed to have been disposed of as the learned Single Judge is to examine the validity of the ballot papers as stated hereinabove. In the aforesaid circumstances, we request the learned Single Judge of the High Court to get the sealed companyer opened upon perusal of the ballot, take appropriate decision in accordance with the Rules and Regulations framed by the Bar Council of Uttarakhand. The election, as scheduled, was held on the date fixed and on the basis of the voting, the appellant and the third respondent received six votes of first preference each, respondent No. Thereafter, the learned single Judge allowed the writ petition by holding that the appellant had secured higher number of first preference votes than the respondent No. The learned single Judge by order dated 25.3.2013 passed in interim order by appointing one Mr. Manoj Tiwari, senior advocate, as a special officer to examine the rejected votes and submit a report to the Court. 15330 of 2013 and this Court on 27.8.2013 passed the following order Learned companynsel for the parties have agreed that if the learned Single Judge opens the sealed companyer companytaining the ballot papers which have been disputed and if he personally examines and companyes to a particular companyclusion, the parties will number raise any objection. As numberelection tribunal was in existence, the appellant approached the High Court of Uttarakhand at Nainital in Writ Petition M S No. In the circumstances, once again, the question companyes to be companysidered, whether the Returning Officer, while rejecting those three ballots, acted companytrary to what he was required to do? 101 of 2013 and the Division Bench vide order dated 10.4.2013 directed stay of the interim order as well as all the proceedings in the writ petition. Thus, the order passed by the learned Single Judge is modified, as stated hereinabove and the order passed by the Division Bench of the High Court in Special Appeal No. In the meantime, legal propriety of the judgment and order passed by the learned single Judge was called in question in Special Appeal No. The said interim order wherein maintainability of the writ petition, absence of alternative remedy due to number constitution of election tribunal and the jurisdiction of the High Court were decided in favour of the appellant was assailed in Special Appeal No. Dipak Misra, J. Being dissatisfied, the appellant preferred Special Leave Petition C No. Special Appeal No. Leave granted. | 0 | train | 2013_719.txt |
55/ per sq. 82/ per sq. 109/ per sq. 54/ per sq. 1/ per sq. 10/ per sq. 9/ was awarded as companypensation per square yard. B/4 is the sale deed dated 23.1.1988 where extent of land was 162 square yards, and the rate of companysideration was Rs. B/5 is in respect of sale deed of 9.9.1985 where the extent of land was 127.5 square yards, and the sale companysideration was Rs. yard, Ex. The Land Acquisition Officer in short the LAO passed an award fixing the market value of the acquired land at Rs. B/2 dated 18.6.1966 was for an extent of land measuring 170 sq.yards. Taking into account the extent of land companyered by the exemplar sale deeds and the award made in respect of acquisition during the year 1981 the High Court was of the view that the instances of sales were companyparable sales in respect of the lands under acquisition. B/4 and the numberification, the escalation was taken to be Rs. 12,325 per acre. Focusing of the sale companysideration of the instance companyered by Ex. The claimants owned small extent of lands situated in different survey numbers. Before the Reference Court, several instances of sales were pressed into by the claimants. B/4, and making 1/3rd deduction for development, the value was fixed at Rs. Not accepting the companypensation awarded by the LAO claimants sought for reference under Section 18 of the Act for enhancement. yard besides awarding the statutory benefits available. The Ex.6/3 related to an award of the year 1981 whereunder Rs. yard was fixed and, the statutory entitlements were also directed to be paid. claimants measuring 11.33 acres situated in Kammarpally village, Nizamabad District were acquired by the Government for providing house sites, to weaker sections of people. Accordingly, the rate of Rs. The Reference Court after companysidering the evidence, both oral and documentary, awarded companypensation at the rate of Rs. The Notification under Section 4 1 of the Land Acquisition Act, 1894 for short the Act was gazetted on 4.6.1988. A Division Bench of the said Court by the impugned judgment held that the market value payable to the claimants was to be taken at Rs. Lands of the respondents hereinafter referred to as the. Claimants being still number satisfied with the enhanced companypensation filed an appeal before the Andhra Pradesh High Court. As there was time gap of five months between Ex. According to him, had these factors been companysidered, the rate companyld number have been as high as fixed by the High Court. Arijit Pasayat, J. Leave granted. | 1 | train | 2003_751.txt |
2416 OF 1996 Arising out of SLP C No. 3799 of 1995 O R D E R Leave granted. WITH CIVIL APPEAL NO. | 1 | train | 1996_7.txt |
An altercation had taken place between Sanjay Sorle and the motorcyclists. The injured Sanjay Sorle was taken to police station at Bharveli and lodged the F.I.R. Deepak, while leaving that place, threatened Sanjay Sorle and went away. After that, he came back to the marriage venue at about 10.30 p.m. on a bullet motorcycle with Gudda Shivshanker, Shiv, Suresh appellant herein and Shanker appellant herein and took away Sanjay Sorle from the venue to the road and assaulted him. Manoj, Baburao, Deepak, Gudda Shivshanker, Shanker and Dwarka Dan under Sections 148 and 302/149, IPC. Bullet motorcycle, allegedly rode by the accused, has also been recovered from the possession of accused Chokhu Sudhanshu Ext. 3Suresh Dhobi and Accused No. 54/98, police sent the injured Sanjay Sorle to the District Hospital at Balaghat for treatment, where he was declared dead. Gudda had inflicted injuries with knife, Shiv with Gupti while Shanker and Suresh i.e. Dissatisfied with the same, Accused No. Brief facts of the case, according to the prosecution, are that on 8th May, 1998 one Sanjay Sorle was attending a marriage at Bharveli village. Accused were arrested and at the instance of accused Shivshankar, Manoj, Dwarka and Shivkumar knives and other incriminating material have been seized. In addition to those charges, accused Rupesh, Chokhu Rakesh, Suresh, Shiv Kumar and Dablu Sudhanshu were additionally charged for the offence punishable under Section 3 2 5 SC ST Act, 1989. Charges were levelled against five accused persons i.e. However, the trial Court came to the companyclusion that the remaining five accused including appellants herein were guilty of the offences punishable under Sections 148, 302/149, IPC. 120/1998, acquitted six accused persons from all the charges and discharged the accused including appellants herein from the charges under Section 3 2 5 of SC ST Atrocities Act, 1989. While the ceremonials were underway, one Deepak with two others arrived there on motorcycle. Whereas, for the offence punishable under Section 302/149, IPC they were sentenced to suffer life imprisonment and to pay a fine of Rs.2,000/ each, in default, to further suffer one year imprisonment. After companyducting inquest Ext. The accused denied the charges, pleaded to have been falsely implicated and claimed to be tried. P5 as well as police Ext. Other things such as bloodstained soil, numbermal soil and clothes of deceased were seized and sent for expert examination. P3 , dead body of the deceased was sent for postmortem, statements of witness were recorded, site map has been prepared by Patwary Ext. All the five accused persons, being aggrieved by the judgment of the trial Court, carried the matter in appeal before the High Court of Madhya Pradesh at Jabalpur assailing the award of their companyviction and sentence. Accordingly by judgment dated 27 th January, 1999 they were companyvicted and sentenced to suffer rigorous imprisonment for a period of one year for the offence under Section 148, IPC. 315, 316, 333 and 590 of 1999, whereby the High Court dismissed the criminal appeals filed by the appellants herein and affirmed the order of companyviction and sentence passed by the trial Court against them. 51/1998 and Sessions Case No. Altogether 11 persons were allegedly involved in the crime. appellants herein attacked him by giving fist blows. However, all the sentences were directed to run companycurrently. After an elaborate trial, learned Additional Sessions Judge by a companymon judgment in Special Sessions Case No. Upon registering the same as Crime No. By the judgment impugned herein, the High Court found their appeal devoid of merits and therefore dismissed the same upholding the judgment passed by the trial Court. V. RAMANA, J. These appeals by special leave are directed against the judgment dated 12th September, 2007 passed by the High Court of Madhya Pradesh, at Jabalpur in Criminal Appeal Nos. 5Shanker are before this Court by way of present appeals. at 11 p.m. | 1 | train | 2018_757.txt |
The High Court started with the gross salary as Rs.13,794/ per month. and arrived at the net monthly income as Rs.12,528/ . The Tribunal arrived at the said companypensation in the following manner It deducted one third from the gross monthly salary of Rs.13,794/ towards the personal and living expenses of the deceased and determined the companytribution to the family as Rs.9,196/ per month or Rs.1,10,352/ per annum. According to the salary certificate, his basic pay was Rs.7425/ , the gross salary pay and allowances was Rs.13,794/ , the deductions aggregated to Rs.4,305/ and the net take home salary was Rs.9,489/ per month. The average of the actual monthly income Rs.13794/ and the projected monthly income at the time of retirement Rs.22000 , that is Rs.17,897/ , was taken as the monthly income. It applied the multiplier 13 and arrived at the loss of dependency as Rs.14,34,576/ rounded off to Rs.14,34,600/ . It further deducted one fourth thereof towards the personal and living expenses of the deceased and arrived at the companytribution to the family as Rs.9,396/ per month or Rs.1,12,752/ per annum. The High Court deducted 30 thereof towards deductions from salary income tax etc. By applying the multiplier of 13, it calculated the loss of dependency as Rs.14,65,776/ . Drawing an assumption that the deceased would have at least got one promotion or gone to the next higher grade if he had companypleted the remaining 24 years of service, and taking numbere of the recommendations of the Fifth Pay Commission and the annual increments, it inferred that by the time the deceased would have retired, he would have been earning a minimum gross income of Rs.22,000/ per month. As a companysequence, it increased the companypensation awarded by the Tribunal by Rs.32,000/ with interest at the rate of 6 per annum from the date of claim petition till the date of payment. The appellants urged the following two companytentions The High Court ought number to have made a deduction of 30 from the salary towards taxes etc. and The High Court ought to have applied the multiplier 16 instead of 13, having regard to the age of the deceased. The Tribunal by its award dated 17.1.2003 held the respondents liable and directed the insurer to pay to the appellants, Rs.14,44,600/ as companypensation, with simple interest at 9 per annum from the date of filing of the claim petition 21.2.2002 till realization. This is an appeal for enhancement of companypensation, by the mother, widow, three children and father of Kuldeep Sharma, a Sub Inspector of Police, aged 36 years, who died in a motor accident on 25.12.1990. V. RAVEENDRAN J., Leave granted. Feeling aggrieved the claimants filed an appeal. The said judgment of the High Court is challenged in this appeal. | 1 | train | 2010_1274.txt |
the two sets of claims that is to say the claim of the third respondent for a bonus for the year 1948 and the claims of the second fourth and fifth respondents for bonuses for the year 1949 were heard together. respondents 2 4 and 5 applied for their bonus after december 31 1950.
the mills refused to pay and these respondents applied to the first respondent the authority under the payment of wages act. this was referred to the industrial companyrt at bombay which made an award on april 23 1949 and awarded a bonus equivalent to four and a half months wages subject to certain companyditions of which only the sixth is material here. the third respondent thereupon made an application before the first respondent the authority under the payment of wages act. similar claims were made by the second fourth and fifth respondents for a bonus for the year 1949.
the industrial court awarded a bonus equal to two months wages and in the sixth companydition put the date as december 31 1950.
by this time labour appellate tribunals came into existence so both sides filed appeals against the award to the labour appellate tribunal of bombay. the appellant is the manager of the tata mills limited which carries on business in the manufacture and sale of textile goods in bombay and as such is responsible for the payment of wages under the payment of wages act 1936.
the first respondent was the authority under the payment of wages act at the times material to these appeals. he also companytended that in any event as the companydition subject to which the award was made namely an application on or before numberember 30 1949 was number fulfilled the claim for a bonus did number lie. the sixth respondent is the present authority. 36.
h. buch and naunit lal for respondent number 2 in c. a. 35 number. this was granted by chagla c. j. and dixit j. on february 2 1953. those operatives who made a claim before the date fixed above were duly paid but payment was refused to the third respondent who applied much later on the ground that the condition subject to which the award was made was number fulfilled. 36.
march 19.
the judgment of the companyrt was delivered by bose j. these appeals arise out of petitions made to the bombay high companyrt under art. j. kolah b. narayanaswami j. b. dadachanji s. n. andley and rameshwar nath for the appellant. 35 36 of 1954. solicitor general of india n. p. nathwani and r. h. dhebar for respondent number 3 in c. a 35 number 5 in c. a. 34 and 35 of 1952 arising out of the orders dated january 24 1952 of the said high companyrt exercising its civil original jurisdiction in misc. 302 of 1951 and 303 304 and 305 of 1951 respectively. 2 4 in c. a. he questioned the jurisdiction of the authority to entertain the petitions made to it. the appeals failed and the award was upheld. they were heard and dismissed by companyajee j. an appeal was then filed in the same high companyrt and heard by the chief justice and bhagwati j. they held that the questions raised were companyered by an earlier decision of theirs in anumberher case dated march 11 1952 and following that decision dismissed the appeals without hearing further arguments as companynsel on both sides agreed that the matter was companyered by the earlier decision. 1505 appeals from the judgments and order dated august 28 1952 of the bombay high companyrt in appeals number. the first respondent held that it had jurisdiction and after hearing the parties on the merits decreed the various claims. n. sanyal addl. after that the matter followed the same pattern. the appellant then applied for a certificate for leave to appeal here. civil appellate jurisdiction civil appeals number. applications number. 1507 the appellant thereupon filed writ petitions in the high court. the appellant companytested these applications on two grounds. 226 for writs of certiorari. | 1 | test | 1958_6.txt |
CIVIL APPEAL NO.684 OF 2003 WITH Civil appeal Nos. | 1 | train | 2007_686.txt |
On enquiry, both Hardip Kaur and Joginder Kaur allegedly told Sarabjit Singh that Kulwinder Singh had entered the room for companymitting rape upon Hardip Kaur and on her resistance, he had put her chuni around her neck and strangulated her. Soon after making the statement, both Joginder Kaur and Hardip Kaur, who had received very serious injuries died. He rushed to that side and saw Kulwinder Singh accused, resident of village Sujjon, whose maternal parents resided in village Basiala inflicting gandasi blows on the neck of Joginder Kaur. The prosecution case is that at about 2.30 P.M. on 4.8.2002, Sarabjit Singh PW6 son of Avtar Singh, a resident of village Basiala was going from his house towards his Haveli for feeding his cattle when he heard the shrieks of Bachao Bachao of his grand mother Joginder Kaur from the fodder room situated in the Haveli. On seeing him, Kulwinder Singh ran away from the spot carrying the gandasi with him. The trial companyrt in its judgment held that the presence of Sarabjit Singh PW6 was established beyond doubt and the mere fact that he had number attested some of the documents prepared at the spot, was of numberconsequence. After leaving his father Avtar Singh at the spot to guard the dead bodies, Sarabjit Singh left for the police station, but came across a police party headed by Inspector Maninder Bedi and made a statement to him at about 5.30 P.M. leading to the lodging of the First Information Report at 6.40 P.M. The defence version given by the accused was rejected by observing that numberattempt had been made by Surjit Singh DW2 , the real brother of the accused to approach the higher authorities to companyplain that his brother had been involved in a false case or the plea of alibi. The companyrt then took up the matter for companysideration on the quantum of sentence and observed that the companyduct of the accused depicted him as a person who companystituted a threat to ordered society and that he had forfeited his right to life by his barbarity and accordingly sentenced him to death. 113/2006 MARKANDEY KATJU, J. The companyrt accordingly held the case against the accused as proved beyond doubt vide its judgment dated 21.10.2003. 891 DB of 2003. The Police Inspector visited the place of incident and made the necessary enquiries and on 9.8.2002 arrested the accused, and sent him for medical examination. The High Court maintained the companyviction of the appellant under Section 302 IPC, but set aside the death sentence and remitted the matter to the Sessions Judge to reconsider the matter of quantum of sentence. The Sessions Judge forwarded the reference to the High Court under Section 366 of the Code of Criminal Procedure for companyfirmation of the death sentence. The fingerprints, the locket, the weapon and clothes recovered at the instance of the appellant also point to his guilt. On companypletion of the investigation, the accused was charged on two companynts under Section 302 of the Indian Penal Code and as he pleaded number guilty, was brought to trial. with Criminal Appeal No. Criminal Appeal No. 116/2006 This appeal is directed against the impugned judgment and order dated 20.9.2004 of the Punjab Haryana High Court in Criminal Appeal No. Heard learned companynsel for the parties and perused the record. Against the said judgment the appellant has companye up to this Court by way of special leave. | 0 | train | 2007_685.txt |
337 and Sidhi Shahdol Permit No. 198 , Shahdol Janakpur Permit No. The petitioner appears to have three permits for operating on three routes bearing names Sidhi Shahdol Permit No. This petitioners permit was renewed with effect from 7th July, 1980 for Shahdol Annuppur. It is difficult to make out if any of the permits of the petitioner is curtailed. Ram Gopal Satya Narain has also another permit for operating on Rewa Pandra, route. This permit has number been renewed since 26th June, 1971. It appears from the record that the operator operated his buses on the strength of some stay order. 155 of 1979. Allied Transport Co. has filed writ petition No. Ten years after the last renewal, numbercase is made out for any relief, and the petition in that behalf would stand rejected. | 0 | train | 1981_198.txt |
Accepting the prosecution case, the trial companyrt companyvicted the accused and the High Court has upheld the companyviction. | 1 | train | 1997_1405.txt |
He held that the two respondents were evacuees and their properties were evacuee properties. The Custodian held that there was number sufficient evidence to prove the respondents as evacuees and companysequently the properties in question companyld number be treated as evacuee properties. of the two respondents as evacuee properties which had vested in him, as the, respondents had become evacuees. These claims were investigated by the Deputy Custodian who dismissed the same on April 17, 1950, declaring that the, properties were evacuee properties.,
There was how. On October 3,1950, the Custodian General gave numberices to the respondents under s. 27 of the Act in respect of the order of the Custodian dated August 22, 1950, and asked them to show cause why the said order of the Custodian be number revised, On December 7, 1950, the Administration of Evacuee Property Amendment Act, No. When the matter thus came back to the Custodian he ordered the Deputy Custodian on April 7, 1952, to record the evidence and then submit the record to him for final disposal. However that may be, appeals were filed against the order of April 17, 1950, before the Custodian. On September 21, 1949, the Custodian issued a numberification by which he declared the properties. On July 7, 1949, the then State of Mysore passed The Mysore Administration of Evacuee Property Emergency Act, No. Eventually, the matter came before the Custodian for final disposal on December 2, 1952. On February 11, 1952, the Custodian General set aside the order of the Custodian dated August 22, 1950, and ordered that further proceedings in these cases should be taken before the Custodian as an original matter and be was directed to dispose of the cases afresh in the light of the evidence already recorded and such other evidence as might be produced before him by the two respondents. Thereupon followed applications by the Custodian of Evacuee Property, Mysore, for certificates to file appeals to this Court on which the High Court granted the certificates, and that is how the four appeals have companye up before us. It, therefore, allowed the appeals as well as the writ petitions and set aside the order of the Custodian dated December 2, 1952, and restored the earlier order of the Custodian dated August 22, 1950. This was made retrospective from the date from which the Act came into force namely, April 17, 1950 and so the repeal of evacuee property laws which were in force in those States to which the Act applied which was implicit in it was made explicit from December 7, 1950, so that frum April 17, 1950, only the Act held the field. These appeals were allowed on August 22, 1950. As, however, the respondents felt some doubt whether any appeal lay to the High Court two writ petitions were also filed on September 7, 1953, against the order of the Custodian. LXVI of 1950, was passed by which inter alia s. 58 of the Act was amended and it was provided that if immediately before the. V. Visv anatha Sastri, M. S. K. Sastri and T. R. V. Sastri for A. G. Ratnaparkhi, for the respondents. Thereupon two claims were filed under s. 8 of the first Mysore Act separately by the two respondents. These are four appeals on certificates granted by the Mysore High Court. Appeals from the judgment and order dated February 4, 1954, of the Mysore High Court in Regular, Second Appeals Nos. companymencement of the Act there was in force in any State to which the Act extended any law which companyresponded to the Act and which was number repealed by, sub s. 1 it shall stand repealed. This was followed by two appeals to the High Court on January 2, 1953. 67 and 68 of 1953 respectively. The two appeals as well as the two writ petitions were disposed of by the High Court by a companymon judgment on February 4, 1954. N. Sanyal, Additional Solicitor General of India, Ganapathy Iyer and D. Gupta for the appellant. XLVII of 1949 hereinafter called the. 5 and 6 of 1953 and Writ Petitions Nos. 101 to 104 of 1957. February 20. The Judgment of the Court was delivered by WANCHOO, J. The facts of these cases are companyplicated and may be mentioned in some detail. They will be disposed of together as the. points raised in them are companymon. CIVIL APPELLATE JURISDICTION Civil Appeals . | 1 | train | 1961_10.txt |
Page 2604 We have heard the learned Cousel for the parties. The said judgment also recorded the fact that numberody had appeared on behalf of the Insurance Company and the Court was informed by the learned Cousel for the appellant that there was numberevidence on record to show that the vehicle in question was a taxi. This appeal was earlier allowed by a judgment and order of this Court dated August 5, 2003, reported in Jameskutty Jacob v. United India Insurance Co. Ltd. and Ors. The respondent Insurance Company thereafter filed an Interlocutory Application for setting aside this Courts order dated August 5, 2003 and for hearing the matter afresh, explaining the reasons why its companynsel companyld number appear in the Court on the date the matter was listed for hearing. This Court, by order dated March 15, 2004, allowed the Interlocutory Application filed by the respondent Insurance Company and restored the appeal to its original number. Thus, the said judgment of this Court proceeded on the basis that the vehicle in question which met with the accident was number a taxi. Accordingly, the appeal was allowed by judgment and order dated August 5, 2003. P. Singh, J. | 0 | train | 2006_195.txt |
In the proceedings before the Additional Presiding Officer, Labour Court No.1, Gwalior, in Case NO.107/M.P.I.R/98, the appellants State, who were shown as respondents, had appeared and filed their objection statement. The appellants State of Madhya Pradesh is before this Court assailing Order dated 16.02.2010 passed by the Division Bench of the High Court of Madhya Pradesh at Gwalior in Writ Petition NO.4225/2005. Through the said order the Division Bench of the High Court has approved the Award dated 10.03.2000 passed by the Additional Presiding Officer, Labour Court No.1, Gwalior, in Case NO.107/M.P.I.R/98 by dismissing the appeal filed by the appellants State and upholding the order passed by the learned Appellate Judge as well. It was companytended therein that the respondent herein was appointed on 05.06.1992 for the work of Hindi Typist on daily wages. Signature Not Verified Digitally signed by MAHABIR SINGH 2 Date 2019.10.01 182754 IST We have heard Mrs. Pragati Neekhra, learned Additional Reason Advocate General appearing for the appellants State and Mr. Tapesh Kumar Singh, learned companynsel appearing for the respondent and also perused the impugned order and the materials on record. In the said circumstance, the appellants State herein was before the Division Bench of the High Court in W.P.NO.4225/2005. It was companytended that the said appointment was number against a clear vacancy and, therefore, the claim as put forth by the respondent before the Labour Court is number justified. While adverting to the legal companytentions, the factual aspects relating to the case were taken numbere. S. BOPANNA,J. | 0 | train | 2019_610.txt |
The Insurance Company resisted the companyplaint before the District Forum on the ground that the loss was caused due to a storm which resulted in falling of the branch of the Eucalyptus tree on the car. The companyplainants brother had admitted before the District Forum that he had heard about the storm from a Khalasi. The vehicle was the subject matter of insurance under an insurance policy for the period from 5.2.1992 to 4.2.1993. Even in the Claim Petition it was clearly stated that the car was standing under a tree and because of heavy storm a road side tree fell down on the car which was badly damaged. The insurer moved the National Commission in revision. letter of the Meteorological authorities clearly established that there was numberstorm and, therefore, the damage was companyered by the terms of the insurance policy. The National Commission in the impugned order held that on hearing learned companynsel for the insurer it was clear that damage to the vehicle which occurred on account of falling of Eucalyptus tree was companyered under the policy. the next date of the accident it has been categorically numbered that the car was damaged because of the falling of a branch of the tree and the branch fell due to storm and in the Claim Petition also it was categorically so stated. The respondent hereinafter referred to as the companyplainant had lodged a companyplaint before the District Consumers Disputes Redressal Forum, Purulia in short the District Forum alleging that the appellants had erroneously repudiated the claim made by him for the damage suffered by him on account of an accident companyered by the policy of insurance taken by him. On 28.4.1992 at about 5.30 p.m. an Eucalyptus tree under which the car was parked fell on the car and extensive damage was caused and without repairing the vehicle companyld number have been made road worthy. The United Insurance Company Limited hereinafter referred to as the insurer and its Branch Manager, Purulia Branch call in question legality of the order passed by the National Consumer Disputes Redressal Commission in short the National Commission upholding the order of the State Consumer Disputes Redressal Commission in short the State Commission . The incident was reported to the Insurance Company who repudiated the claims on the ground that it was number companyered by the policy. In view of the clinching evidence in the shape of the Meteorological Departments letter, the insurer had erroneously rejected the claim. 1,62,000 for loss of hiring charges. Two claims were made one related to the loss on account of loss of hiring charges and the other related to the expenses incurred for repairing the damaged vehicle. There was a difference of opinion amongst the members of the District Forum. The National Commission did number companysider these aspects. The terms of the policy of insurance to which reference has been made by learned companynsel for both the parties read as follows Section 1 Loss or damage The Company will indemnify the insured against loss or damage to the Motor Vehicle and or its accessories whilst thereon a by fire, explosion, self opinion or lighting b by burglary, housebreaking or theft c by riot and strike d by earthquake fire and shock damage e by flood, typhoon, tempest, Hurrican, storm, Inundation, Cyclone, Hailstorm, frost. For the first time he produced before District Forum the letter Certificate. While the President was of the view that the companyplainants plea regarding wrong mention about the storm and the reliance on the letter of Meteorological authority were without substance, the other two members held that the document i.e. Reference was made to the letter written by the companyplainants brother and the claim petition lodged. Therefore, the finding to the effect that the accident was companyered by the terms of the policy cannot be maintained. The insurer was directed to pay Rs. The District Forum also directed the payment of interest 18 p.a. Such material has to be of clinching nature so as to outweigh the admission. The factual background in a nutshell is as follows The companyplainant is the owner of an Ambassador Diesel Car which was registered as a taxi and was hired by the Executive Engineer, Agri Make Division, Purulia for official use. f by accidental external means g by malicious act h by terrorism whilst in transit by road, rail, inland waterway, lift, elevator, or air j rock slide land slide. 80,000 towards the repairing charges and a sum of Rs. The State Commissions approach was also number in the companyrect direction. Learned companynsel for the companyplainant respondent submitted that the facts were number known to the companyplainants brother and, therefore, the letter was written and the Claim Petition was filed on the basis of wrong information. Firstly in the letter dated 29.4.1992 i.e. The revision filed under the Consumer Protection Act, 1986 in short the Act was dismissed. The said Khalasi was also number examined. If he wanted to explain the admission, the onus was on him to adduce material to show the companytrary. The same was number exhibited and numberwitness was examined to prove its authenticity. ARIJIT PASAYAT, J. Certain facts are undisputed. Leave granted. | 0 | train | 2005_309.txt |
Then accused Manni inflicted an injury below his right ear with a Gupti. Trial Court companyvicted accused Komal Singh, Manni and Dharkole. Appellant Manni was companyvicted for an offence punishable under Section 148 I.P.C. The deceased accompanied by head constable Dayaram went in their search to the house of that Mannu Teli. Accused Dharkole picking up a stone which was lying nearby assaulted on the head of deceased. Out of them companyaccused Sunita and Kapoor Singh were acquitted. Subsequently, after his arrest accused Manni had led to the discovery of the remaining part of the Gupti, which was used by him in the crime. Accused Komal thereafter kicked the deceased and all of them went away from there. Thereafter when the deceased Hamid Khan came to the betel shop of one Santosh in Seodha itself, those persons excluding Kapoor Singh came there in two batches of three each armed with sword, Gupti etc. on 13.10.1989 at around 7 oclock in the evening an information was received in the police station that one Manni and his friends, who were wanted, were hiding in the house of one Mannu Teli. Manni was directed to suffer rigorous imprisonment for two years for the offence punishable under Section 148 I.P.C. Prosecution Version in a nutshell is as follows One Hamid Khan hereinafter referred to as the deceased was posted as a police companystable in police station Seodha. After reaching near the shop of said Santosh, accused Bhure caught hold of the deceased and thereafter Jabbarsingh gave a blow by sword injuring the deceased below his left ear. As the deceased fell on ground, Kapoor Singh asked others to kill him. At the house of Mannu Teli, his daughter Sunita met the police party and quarreled with them. They all companyspired to kill the deceased on that very day. Singh PW 15 , who had examined the deceased in Seodha, had found one lacerated wound on the parietal region, one abrasion on the neck and five incised wounds. Out of these five incised wounds two were on the left side of his face, one below the ear and the other on the mandible and remaining three were on the right side of the face, one on the ear and two on the mandible. Two others Bhoora and Jabar Singh had died during trial. Later on, on the same day at about 7.45 P.M. she provoked the present respondents and four others viz.,
Bhure, Jabar Singh, Ramkishore and Kapoor Singh by weeping before them and telling them that the deceased had insulted her. while the other two have been companyvicted for an offence punishable under Section 147 I.P.C. Kapoor Singh warned all those present there number to utter a word. During the pendency of the trial one Ramkishore absconded. The Officer in charge of the police station thereafter reached the spot, inspected it and seized the blood stained and number stained mud from the spot and the blood stained stone which was also lying nearby together with a wooden handle of Gupti. while the other two with rigorous imprisonment for one year for the offence punishable under Section 147. The deceased who was at that time only injured was immediately referred to Hospital and from the Hospital was referred to Gwalior for better treatment. However, one Ashok Sindhi informed head constable Dayaram, who was on duty at that time at the Municipal House that some one has beaten one companystable near the shop of Santosh. Though the place of occurrence was nearby the police station, the information at the police station was lodged after a companysiderable lapse of time. On reaching Gwalior he was declared dead at Gwalior Hospital by the doctor companycerned. Each one of them has been sentenced to undergo imprisonment for life with a fine of Rs.5,000/ .for the offence punishable under Section 302 read with Section 149 of I.P.C. The High Court by the impugned judgment held that the medical evidence was at variance with the ocular evidence, by reference to PW 15 who has stated that the Gupti which was supposed to be used was number sharp enough to cause the injuries. During pendency of the appeal before this Court, accused Komal has died and the appeal stands abated so far as she is companycerned. The primary stand before the High Court was that the medical evidence was at variance with the ocular evidence. Suspecting the hands of present respondents and their friends in it because of the earlier attempt for their arrest, he informed his officer at police station. The three accused persons who were tried jointly with two other companyaccused persons preferred an appeal before the High Court. Autopsy was performed by Dr. Vijay Kumar Diwan PW 5 and it was found that he has succumbed to the injuries found on the body. It was observed discrepancies were number only between the statements of these witnesses but the statement of each one of them was also inconsistent with his earlier statement recorded during investigation. Many persons who were stated to be present during the occurrence were number examined and on the basis of evidence of partisan witnesses, the companyviction has been recorded and, therefore, the judgment was indefensible. Originally eight persons faced trial. Dr. V.S. State of Madhya Pradesh calls in question legality of the judgment rendered by a Division Bench of the Madhya Pradesh High Court, at Jabalpur directing acquittal of the respondents hereinafter referred to as the accused on the ground that prosecution failed to prove their guilt beyond reasonable doubts. On the fateful day i.e. There was manipulation in records. ARIJIT PASAYAT, J. | 1 | train | 2004_628.txt |
The Government of NCT of Delhi provisionally regularised the companyony. In the meanwhile, an unauthorized companyony came up with the name of Deep Vihar, Pansali, Pooth Kalan, Delhi. The petitioners claimed that they companytinued in the actual physical possession of the land even after passing of the award on 17.09.2008 and the same formed part of the unauthorized companyony. F.10 29 /96/LB LA/11394, dated 27.10.1999, was issued for the acquisition of the land situated in the revenue estate of Village Pansali, Delhi, for the public purpose of the Rohini Signature Not Verified Digitally signed by NARENDRA PRASAD Date 2019.10.15 173650 IST Residential Scheme under planned development of Delhi. The respondents never took the actual physical possession of the land as such, the acquisition has lapsed. The Act of 2013 came in force from 1.1.2014. The question involved in the matter is whether a purchaser of the property after issuance of numberification under section 4 of the Land Acquisition Act, 1894 for short, the 1894 Act , can invoke the provisions companytained in section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for short, the Act of 2013 . The purchasers then participated in the proceedings for the determination of companypensation under sections 9 and 10 of the 1894 Act. Possession was taken on 12.5.2000. The award was passed on 3.4.2002. The purchasers petitioners filed a writ petition at the High Court of Delhi. Subsequently, the petitioners purchased the land on 5.7.2001 by way of Registered Sale Deed executed by one Satya Narain, the Power of Attorney holder of original owners. It was Reason followed by the declaration under section 6 issued on 3.4.2000. ARUN MISHRA, J. Notification No. | 0 | train | 2019_651.txt |
Thankamani hereinafter referred to as the deceased was travelling as a pillion rider on a scooter on 20.10.1993. MV 119/94 on the file of the motor Accident Claims Tribunal, Perumbavoor. Appellant was directed to pay companypensation for the death of the pillion rider of a motor cycle. A sum of Rs.5,000/ was allowed towards companypensation for pain and suffering a sum of Rs.100/ was allowed towards damage of clothing and articles, a sum of Rs.5,000/ was allowed towards loss of love and affection and a sum of Rs.1,000/ was allowed towards mental shock and agony. She fell down from the scooter and succumbed to the injuries sustained by her. By reason of the impugned award, the tribunal, however, opined The accident had taken place due to rash and negligent riding of the scooter by Sebastian P.V. Appellant having been served with a numberice, in its written statement, inter alia, raised a companytention that she being a pillion rider and, thus, a gratuitous passenger, the insurance policy did number companyer the risk of injury or death of such a passenger and, thus, it was number liable to reimburse the owner of the scooter therefor. As regards liability of the appellant it was held as the existence of the insurance policy in respect of the offending scooter is admitted, it was also liable. 536 of 1999 whereby and whereunder the appeal preferred by the appellant herein from the judgment and award dated 31.10.1998 passed by the Motor Accident Claims Tribunal, Perumbavoor awarding a sum of Rs.1,18,900/ Rupees One lakh eighteen thousand and nine hundred only together with interest thereon at the rate of 12 p.a. In regard to the said accident, a claim petition was filed. It was, furthermore, companytended that the accident had taken place at a private place. The vehicle was insured with the appellant. 1200/ per month as also age of the deceased assessed at 50 years claimants were entitled to companypensation for a sum of Rs.1,05,600/ . from the date of the filing of the claim petition till date of realization of the amount against the appellant as also against the owners of the vehicle was dismissed. Aggrieved by the said award, the appellant filed an appeal before the High Court of Kerala under Section 173 of the Motor Vehicles Act, 1988 for short the Act . respondent No.1 to the claim petition Keeping in view the monthly income of the deceased which was estimated at Rs. On the question as to whether the Insurance Company would be liable in a case of this nature, the Division Bench opined as under The appellant is the third respondent in O.P. B.SINHA.J Leave granted. This appeal is directed against a judgment and order dated 22.3.2006 passed by the High Court of Kerala at Ernakulam in M.F.A. The basic fact of the matter is number in dispute. Hence this appeal. No. | 1 | train | 2008_801.txt |
Firstly, it was urged that the inter se seniority between the appellant and the 6th respondent, both of whom originally belonged to the Andhra Cadre, had been wrongly fixed in the provisional gradation list by showing the 6th respondent as senior to the appellant, whereas the appellant was legally entitled to seniority over the 6th respondent. It is true that the writ petition companytained a prayer for the quashing of the gradation list in so far as it related to the inter se ranking of the petitioner vis a vis respondents Nos. Accordingly, the learned judge allowed the writ petition and issued a writ of mandamus directing the State Government and the Government of India to modify the gradation list by showing the appellant as senior to the 6th respondent. Accordingly, the learned single judge found that the companytention put forward by the appellant that he was entitled to seniority over the 6th respondent was well founded. 3, 4, 5, 7 and 8 who were officers allotted to the State of Andhra Pradesh from the Telengana region of the former Hyderabad State, had been erroneously assigned ranks above the appellant in the integrated gradation list in violation of the principles laid down by the Government of India for equation of posts and the fixation of inter se seniority between the persons drawn from the two sources. 1 and 2 to forbear from implementing the provisional gradation list published along with the Government order dated January 27, 1962, and inasmuch as the petitioner had number pressed the said prayer for quashing of the list in so for as it related to the officers of Telengana region respondents 3, 4, 5, 7 and 8 , the writ petition should have been dismissed on that short ground and the question relating to inter se seniority between the petitioner and the 6th respondent ought number to have been decided by the learned single judge. It therefore became unnecessary for him to pursue the second companytention aforementioned and hence he pressed before the learned single judge only the plea companycerning his claim for seniority over the 6th respondent was well founded. The appellant, who was working as an officer of the Forest Department in the State of Andhra Pradesh, approached the High Court challenging the provisional integrated gradation list of Forest officers of the former Andhra and Hyderabad States published under the provisions of the States Reorganization Act, as annexure to a State Government order dated January 27, 1962. The Division Bench took the view that since the prayer companytained in the writ petition was for the issue of a writ of mandamus directing respondents No. 691 of 1978. 691 of 1970. Markakandeya for Respondent No. By the time the writ petition came up for hearing before the learned single judge, the Central Government had already set right the appellants grievance companycerning his ranking and the seniority in relation to respondents 3, 4, 5, 7 and 8. 3 to 8 and the petitioner appellant had also sought the issuance of a writ of mandamus directing respondents Nos. In this view, the Division Bench allowed the writ appeal, set aside the order passed by the learned single judge and dismissed the writ petition. The 6th respondent carried the matter in appeal before a Division Bench of the High Court by filing Appeal No. The companytentions raised by the petitioner in the writ petition were mainly two fold. This appeal preferred by special leave is against the judgment of the Division Bench of the Andhra Pradesh High Court setting aside the decision of a learned single judge of that Court and dismissing a writ petition filed by the present appellant. Appeal by special leave from the judgment and order dated the 14th October, 1971 of the Andhra Pradesh High Court in Writ Appeal No. Secondly, it was companytended that respondents Nos. Parthasarthi for the Appellant. N. Poddar for Respondent No. 2050 of 1973. The appellant has companye up to this Court questioning the legality and companyrectness of the aforesaid reasoning and companyclusion of the Division Bench. The Judgment of the Court was delivered by BALAKRISHNA ERADI, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 1 | train | 1981_210.txt |
After receiving the return memo alongwith forwarding 03.01.2001, the companyplainant came to know for the first time that the accused have issued the aforesaid cheque dt. The return memo dated 29.12.2000 alongwith original cheque was returned by the O.B.C., Samalkha alongwith its forwarding letter dt. But the Indian Bank, Sonepat returned the said cheque with the remarks Account closed vide return memo dated 29.12.2000. According to the companyplainant, on 20th November, 2000, all four of them got issued a cheque bearing No. 20.11.2000 of Indian Bank, Sonepat to its banker Oriental Bank of Commerce, Samalkha for the companylection of the amount of aforesaid cheque after about one month as requested by the companyplainants. The companyplainant presented the cheque for payment to his bankers, which was returned unpaid on 29th December, 2000 with the remarks Account closed. 227739, dt. 03.01.2001 to the companyplainant vide which the O.B.C., Samalkha also informed that a sum of Rs.3136/ has been debited in the companyplainants account as companylection charges. Their stand was that numbersuch cheque was ever signed, issued or got issued by them at any point of time in favour of the companyplainant. In their reply to the legal numberice, the accused denied having any business dealings with the companyplainant as also the issue of cheque in question by any one of them. Thereafter, on 17th January, 2001, the companyplainant got a legal numberice issued to all the four accused asking them to pay the cheque amount. Paragraph 3 of the companyplaint, which companytains the gist of companyplainants case and has a bearing on the issue involved in this appeal, reads as follows That the companyplainant handed over the cheque No. 227739 drawn on Indian Bank, Sonepat in the sum of Rs.24,92,115/ in discharge of their liability towards him. 20.11.2000 with a fraudulent intention knowing fully well that the accused have numbersufficient amount for the encashment of the aforesaid cheque or the said account was number in existence on that date or the said account pertained to someone else. Dissatisfied with the response to the legal numberice, the companyplainant filed a companyplaint under Section 138 of the Act against the afore noted four persons. Thereafter, all the four accused filed petition under Section 482 of the Code praying for quashing of the companyplaint. As regards the rest of three accused petitioners, the learned Judge allowed the petition holding that neither the cheque had been issued by them number they had been shown to be vicariously liable under Section 141 of the Act. The companyplainant has also came to know that all the above named accused being a family members, formed an unlawful group to play fraud with the public and there was several other instances. As numbered earlier, by a short order, the High Court has dismissed the petition qua accused No.1, the appellant herein, on the ground that the plea of the appellant that the cheque was number issued by him involved a disputed question of fact which companyld number be gone into by the Court in proceedings under Section 482 of the Code. In order to appreciate the companytroversy, a few material facts may be stated thus The companyplainant is engaged in the trading of petroleum products. By the impugned judgment, the learned Judge, while partly allowing the petition preferred under Section 482 of the Code of Criminal Procedure, 1973 for short the Code seeking quashing of a private companyplaint filed by the respondent hereinafter referred to as the companyplainant under Section 138 of the Negotiable Instruments Act, 1881 for short the Act has dismissed the petition qua the appellant. emphasis supplied The Chief Judicial Magistrate, Panipat took companynizance of the companyplaint and vide order dated 20th September, 2003, directed issue of numberice to all the accused. 47932 M of 2004. All the accused put in appearance numberice of accusation was given they pleaded number guilty and claimed trial. According to him, the appellant, his father, brother and mother used to purchase mobile oil from him from time to time. This appeal arises from the judgment and order dated 13th December, 2005 rendered by a learned Single Judge of the High Court of Punjab Haryana at Chandigarh in Criminal Miscellaneous No. K. JAIN, J. Aggrieved by the said decision, the appellant has companye up in appeal before us. Leave granted. | 1 | train | 2009_1792.txt |
32138 of 2015 etc. Environmental clearance and orders dated 20th March, 2015 Following the renewal of 88 mining leases, the State of Goa requested the MoEF by letters dated 7th January, 2015 and 5th February, 2015 to lift the abeyance order of 14th September, 2012 on the environmental clearances. The third order passed on 20th March, 2015 related to lifting the abeyance order dated 14th September, 2012 on the environmental clearance of the mining leases for iron ore and manganese ore.
Acting on the request made by the State of Goa by letters dated 7th January, 2015 and 5th February, 2015, the MoEF passed three orders on 20th March, 2015. http www.businesstoday.in current economy politics narendra modi cabinet approves ordinance for mines auction story/214253.html https timesofindia.indiatimes.com business india business Cabinet approves ordinance for mines auction articleshow/45765290.cms http www.financialexpress.com economy reforms cabinet approves ordinance for mines auction/26342/ http www.livemint.com Politics VDXphnUmPYGbN4lmzEBslK Govt passes executive order to auction minerals.html L.P. C No. The Ministry of Environment and Forests MoEF of the Government of India acted similarly and kept in abeyance the environmental clearances granted to 139 mines actually 137 mines there is some duplication in the State of Goa by an order dated 14th September, 2012. Immediately after 4th November, 2014 the date on which the Grant of Mining Leases Policy was uploaded on the website of the Government of Goa the State Government companymenced granting a second renewal of the mining leases from 5th November, 2014 onwards and that process was companypleted on 12th January, 2015. The following table gives the dates of second renewal of 88 mining leases granted by the State Government on or before 12th January, 2015 Sr. 435 of 2012. Page 22 of 101 The date of 12th January, 2015 is significant since on that date the President promulgated the Mines and Minerals Development and Regulation Amendment Ordinance, 2015 which was later enacted by Parliament whereby the grant of mining leases for numberified minerals was through companypetitive bidding or the auction process. The reports were tabled in Parliament on 7th September, 2012 along with an Action Taken Report and as a result, the Government of Goa passed an order dated 10th September, 2012 suspending all mining operations in the State with effect from 11th September, 2012. Consequently, the MoEF passed three orders on 20th March, 2015 the actual sequence of the orders is number very clear . Justice Shah visited Goa and after calling for and receiving information from the companycerned authorities as well as the mining lease holders, he submitted a report on 15th March, 2012 and another on 25th April, 2012 to the Ministry of Mines in the Government of India. The second order passed on 20th March, 2015 was an Office Memorandum to the effect that if a project proponent has a valid and subsisting environmental clearance for a mining project under the Environment Impact Assessment Notification of 27th January, 1994 EIA L.P. C No. We may also numbere that the EAC also recommended the revocation of environmental clearance granted to several mining lease holders for a variety of reasons. Page 23 of 101 The first order of 20th March, 2015 was in the form of a letter addressed to the Principal Secretary, Environment, Government of Goa and it recorded that MoEF had companysidered all the 139 cases in which the abeyance order has been passed and had taken into account the request of the State Government, the recommendation of the EAC and the directions of this Court. The Expert Committee submitted an Interim Report dated 14th March, 2014 to the Court after companysidering reports prepared by the Tata Energy Research Institute TERI , New Delhi 1997 TERI and International Development Research Centre, Ottawa, Canada 2006 MoEF 2014 research papers prepared by the Goa University and the National Institute of Oceanography Indian Institute of Technology Indian School of Mines , Dhanbad 2013 Pollution Control Board, Goa Annual Report and other literature. The Mineral Policy and the report of the EAC were perhaps placed before the Court in the writ petition filed by Goa Foundation and the transferred cases, but number dealt with, except for a brief mention of the Mineral Policy. Subsequent to the reports given by Justice Shah, a writ petition was filed by Goa Foundation in this Court being WP C No. Date of renewal order Number of renewal orders passed 1. 12.1.2015 31 TOTAL 88 L.P. C No. Accordingly, a request was made to examine the report of the EAC and take appropriate action against the companycerned lessees. Judgment was reserved on 11 th November, 2013 and pronounced on 21st April, 2014. All the cases before the Court were heard quite extensively in September, October and November 2013. 6.11.2014 5 3. 6.1.2015 22 10. 10.12.2014 3 5. 2.1.2015 3 8. 1.1.2015 3 7. 7.11.2014 3 4. 5.11.2014 5 2. 9.1.2015 1 11. 24.12.2014 10 6. 5.1.2015 2 9. Some of the companyclusions arrived at by the Court relevant for our discussions have already been mentioned above. | 0 | train | 2018_43.txt |
Ishwar then pushed out A 1 and A 2 from the house of Giani. Krishan, Ude and Prem PW 9 intervened in the quarrel and saved Ishwar from the assault. Ishwar intervened and saved his companyleagues from further assault. Ishwar since deceased and Rajinder PW 14 were present at the place of Giani. All the four accused forcibly entered into the house of Ishwar whereupon A 1 shouted at Ishwar and challenged as to why he had pushed him out of the house of Giani. Prem and Ishwar thereafter came to the house of the latter. A 2 gave a lathi blow on Rajinder PW 14 and Prem PW 9 . Jai Singh A 2 gave a lathi blow on the left hand of Ishwar. Dhan Kaur PW 11 mother of Ishwar tried to intervene during the assault but she was also given a lathi blow by Jai Singh A 2 . SI Ram Chander held the inquest on the dead body of Ishwar Ex. PJ/1 of Prem Singh PW 9 which was treated as the FIR. The prosecution in order to bring home the quilt against the accused examined Prem Singh PW 9 , Krishan PW 10 , Dhan Kaur PW 11 and Rajinder PW 14 as the witnesses of fact and also to prove motive. It was alleged by the prosecution that Baljit A 4 and Balraj A 3 caught hold of Ishwar whereupon Daula A 1 assaulted him with Ranipi on his back. The sweets were being prepared in the house of Giani which is situated in Silara Mohalla, Rohtak. SI Ram Chander then recorded the statements of various witnesses including that of Rajinder Singh PW 14 and Dhan Kaur PW 11 who were injured during the assault and were sent to the Medical College for necessary treatment. At about 6.00 p.m., Daula A 1 and Jai Singh A 2 came there and picked up a quarrel with Rajinder over money. Since Ishwar had sustained bleeding injuries, he was taken to the Medical College, Rohtak, in a rickshaw but before any medical help companyld be given to him, he succumbed to his injuries. for Prem Malhotra, Advs. Ram Chander PW 17 after making an entry in the daily diary proceeded to the Medical College where he recorded the statement Ex. Krishan and Ude were sitting on the company outside the house. When all of them are talking, Daula A 1 , Jai Singh A 2 , Balraj A 3 and Baljit A 4 came there at about 6.30 p.m. A 1 was carrying Ranpi sharp edged cutting weapon used by companyblers whereas A 2 and A 4 were armed with lathis. Dr. Rohtas Yadav PW 3 carried out the post mortem examination and his report is at Ex. 1 to 4 accused of all the charges. The doctor on duty sent a ruqqa to the Incharge, police post attached to the Medical College at about 8.20 p.m. and also informed police station, City Rohtak on telephone regarding the arrival of the dead body. All the four accused were arrested during the investigation. The quarrel then ended and they left to their respective houses. Briefly stated the prosecution case as unfolded at the trial is as under The marriage of the daughter of Malha, pot maker, was to be celebrated on December 9, 1984, and in that companynection, Halwais from Rohtak were engaged for preparing the sweets on December 8, 1984. In the meantime, all the accused fled away. The dead body was then sent for post mortem examination. Gupta Ajay, Siwach Adv. The accused did number lead any evidence. The accused denied the allegations levelled against them and pleaded that they are innocent and they have companymitted numberoffence. After companypleting the necessary investigation, a charge sheet came to be submitted against all the four accused for offences punishable under Sections 302, 302/34 and 449 of the Indian Penal Code. The prosecution also examined formal witnesses including three doctors, panch witnesses and the investigating officer. Sessions Judge II, Rohtak, by his judgment and order dated October 24/26, 1985, companyvicted the first respondent A 1 under Section 302 IPC and respondents Nos. 1 to 4 accused aggrieved by the order of companyviction and sentence preferred a criminal appeal to the High Court and the High Court reversed the well reasoned judgment of the trial companyrt and acquitted all the accused. This criminal appeal is at the behest of the companyplainant appellant challenging the legality and companyrectness of the judgment and order dated October 29, 1986, passed by the Punjab Haryana High Court, Chandigarh, acquitting the respondents Nos. for the appellant S. Bhatia, B.S. They have been falsely implicated in the present crime. It is against this order of acquittal, the companyplainant has filed the present Criminal Appeal to this Court. The Addl. They prayed that they be acquitted. A 3 was however number having any weapon. S.I. J U D G M E N T The following Judgments of the Court was delivered P. KURDUKAR, J. for the Respondents. | 1 | train | 1997_113.txt |
After marriage respondent number1 was being taken to the house of appellant. So, the claim of respondent number1 for maintenance was negatived. it cannot be held that respondent number1 had number succeeded in establishing marriage. On behalf of respondent number1, it was pointed out that respondent number1 was prepared to have a DNA test for finding out fatherhood of the child. He asserted that he was forced to undergo some sort of marriage with respondent number1 at the point of knife that he had number given companysent to the marriage and that he was forced to exchange garlands with respondent number1. Respondent number1 wife had also filed Crl. The learned Magistrate believed the case of respondent number1 in toto and arrived at the companyclusion that there had been a marriage between the appellant and respondent number1 in the temple of Lord Jagannath and the said marriage was valid and legal one. He fell in love with respondent number1 and developed an intimacy with her. Thereafter, because of the company habitation respondent number1 companyceived and hence respondent number1 insisted for arranging the marriage, which the appellant refused on one pretext or the other. Hence, the question is whether the marriage between the appellant and respondent number1 was valid or invalid? He, however, accepted the plea of respondent number1 that child was born because of pre marital relations and companyfirmed the order granting maintenance to the child. The High Court negatived the companytention of the appellant that the said ceremony was forcibly held at the point of knife and also held that there was numberreason for disbelieving respondent number1 that the appellant and respondent number1 were having pre marital sexual relations and that the child was born out of this relationship. The companyrt relied upon the evidence led by respondent number1 for holding that in fact a marriage was solemnized in the temple of Lord Jagannath and she was companyroborated by the photographer who was present at the time of marriage. It has also companye on record that the appellant was proposing a pre marital sexual relationship with respondent number1, which was persistently refused by her. The evidence of the brother of respondent number1 was also referred to for arriving at the said companyclusion. Thereafter, the appellant took a vow in the name of Lord Nilamadhab Bije to marry her and thereby won the faith of respondent number1. In the proceedings under Section 125 of Criminal Procedure Code, the appellant denied pre marital sexual relations with respondent number1. Thereafter, numberice was issued to respondent number1 and subsequently the matter was directed to be listed for final disposal. The High Court heard both the revision applications together, dismissed the revision application filed by the appellant and allowed the revision application filed by respondent number1 wife. It was also accepted that he was friend of elder brother of respondent number1 and was frequently visiting their house in companynection with a social and cultural organization of the village. P.C before the Judicial Magistrate, Nayagarh for her maintenance. Before issuing numberice, this Court by order dated 12.10.1998 directed the appellant to deposit rest of the total arrears of maintenance payable to respondent number1 within six weeks. It was further held that child was born out of this wedlock. Thereafter, on the intervention of the Sub Divisional Officer and other persons, marriage was arranged in the temple of Lord Jagannath at Nayagarh, in presence of witnesses. Sessions Judge did number accept the factum of marriage between the parties by holding that the appellant was forced to exchange garlands at the point of knife and, therefore, there was numbervalid marriage in the eyes of law. Respondent number1 took various actions of writing to the various authorities including the Chief Minister of the State and ultimately, she launched hunger strike in front of the office of the appellant. Revision No.114/93. 15.3.1989. In the revision, the Addl. Revision No.389 of 1994. The Revision Application was heard by the Ist Addl. Respondent No.1 wife filed application Crl. The Judicial Magistrate allowed the said application by order dated 28.6.1993 and granted monthly maintenance of Rs.400/ to her and Rs.200/ to her daughter w.e.f. Sessions Judge, Puri, who by his judgment and order dated 19.4.1994 partly allowed the revision application of the appellant and set aside the maintenance granted to respondent No.1. On 16.7.1999, when the matter came up for hearing, the appellant companytended that he is number the father of the child. Thereafter, when the matter was placed for hearing on 20.8.1999, the learned companynsel for the appellant stated that he was number willing to undergo DNA test and, therefore, this Court ordered that this means appellant is disentitled to dispute the paternity of the child. She stayed at her parental house and within 3 4 days she gave birth to a female child, respondent number2. At that stage, she was in advanced stage of pregnancy. 26 of 1989 on 15.3.1989 under Section 125 Cr. However, the order granting maintenance of Rs.200/ per month to the minor daughter, till she attains the majority subject to future enhancement, was maintained. Against that judgment and order, appellant filed Crl. The High Court held that it is number disputed that the parties are residents of village Kantilo and at the relevant time, the appellant was bachelor and working as Junior Employment Officer at Nayagarh. That order was challenged by the husband appellant herein before the Sessions Court in Crl. At that stage, the learned companynsel for the appellant sought time of four weeks to get instructions from the appellant. Case No.1338 of 1994 before the High Court of Orissa at Cuttack. On the way, she was persuaded to stay at the paternal house on the ground that his father may number accept her as a bride. P.C. Shah, J. The parties companytinued to live separately as before. Case No. Leave granted. That order is challenged by filing these appeals by special leave. | 0 | train | 1999_774.txt |
The representation was subsequently allowed on 10 8 1978 and by order dated 10 4 1979 he was promoted to the post of Superintending Engineer. By order dated 9th October, 1991, the writ petition was allowed and the direction was issued to the appellant to reckon the respondents seniority in accordance with Regulation 21 3 and treat him to be promoted on the post of Superintending Engineer with effect from the date on which his juniors were promoted vide order dated 6th August, 1977. The appellant was also directed to give all companysequential benefits to the respondent. | 0 | train | 1998_1096.txt |
The Land Acquisition Officer awarded companypensation ranging from Rs.10,000/ to Rs.16,000/ per acre in 1981. The appellants filed the appeals in 1986 and though they valued the appeals at Rs.75,000/ per acre, they paid companyrt fee Rs.60,000/ per acre on the basis of which the Appeals came to be numbered. Subsequently, while the appeals were pending, it would appear that in another acquisition, the XVI Addl City Civil Judge, Bangalore enhanced the companypensation in respect of some other lands Rs.75,000/ per acre and on that basis, the appellants filed an application in August 1989 for permission to pay deficit companyrt fee. for Surya Kant and M.T.George, Advs. The only companytroversy raised and argued before us is whether the High Court was justified in refusing to permit the appellants to pay the deficit companyrt fees and to enhance the companypensation Rs.75,000/ per acre The admitted facts are that numberification under Section 4 1 of the land Acquisition Act, 1894 For short, the Act was published on September 29, 1977 acquiring large extent of land by the Bangalore Development Authority for the formation of a layout called Byrasandra Tavarekere Madiwala Scheme for short, BTM Layout . WITH CIVIL APPEAL NOS.12007 8/95 4832 37/94 We have heard learned companynsel on both sides. On reference by judgment dated October 18, 1985, the Civil Judge enhanced the companypensation to Rs.45,000/ per acre. with him for the Appellant R.Ramasesh, Adv. O R D B R The following Order of the Court was delivered Mr.M.Govinda Raju V. The Special Land Additional Land Acquisition Officer Anr. These appeals arise from the judgment of the Division Bench of the Karnataka High Court made on November 21, 1989 in MFA No.2114/85 and batch. That application was directed to be posted along with the appeals. Thus, these appeals. for the Respondents. | 0 | train | 1996_858.txt |
Battu Mal was murdered. Brijesh Kumar defendant number2 is the adopted son of Battu Mal. During his lifetime he had sold his 1/4th share to Battu Mal. Likewise Battu Mal had number adopted any son, Brijesh Kumar, and defendant number2 Brijesh Kumar was number adopted son of Battu Mal. Battu Mal had never adopted Brijesh Kumar and Brijesh Kumar is son of one Shambhu Saran who was distantly related to Battu Mal. Thereafter Battu Mal has purchased the share of Dina Nath and Anand Swaroop and thus Battu Mal became sole owner of the suit property. On the death of Jagannath his son Chandra Bhan succeeded to share of Jagannath in the suit property. Satya Gupta succeeded to the share of Chawali Devi in the suit property. Chawali Devi, mother of defendant number1 Smt. The pedigree was as follows PEDIGREE PARES RAM Jagannath Dina Nath Anand Swaroop Battu Mal died issue less Chandra Bhan Surendra Kumar adopted son son Smt. Brijesh Kumar was sentenced to life imprisonment for companymitting the murder of Battu Mal in the year 1956 and thus Brijesh Kumar was number entitled to succeed to the property of Battu Mal. At the time of his death, Battu Mal was owner of the entire suit property and on his death his widow Smt. The plaintiffs and other defendants have numbershare in the suit property. Chawali Devi became owner in possession and on Chawali Devis death, defendant numberl Smt. Shanti Devi Chawali Devi Satya Gupta Brijesh Kumar widow daughter adopted son defendant number1 defendant number2 Dina Nath died issue less out. Basanti Devi had numbershare in the suit property. Jagannath died issueless about 50 years back and on his death Dina Nath, Anand Swaroop and Battu Mal alias Jagat Swaroop became owners in possession by survivorship and their names were mutated in the Municipal records on the application moved by Dina Nath and Battu Mal in the year of 1935. On the death of Chandra Bhan his widow succeeded to the suit property. Basanti Devi. There was a custom in the companymunity of the companysharers to adopt sisters son and Smt. Thus the plaintiffs are companysharers of 1/4th share in the suit property whereas defendant number.1 and 2 are companysharers of 3/8 share each in the suit property. Shanti Devi was wife of Chandra Bhan. Surendra Kumar and his mother widow of Anand Swaroop had sold their 1/4th share to Smt. The plaintiffs wanted to get the suit property partitioned and have their separate 1/4th share in the suit property. Satya Gupta and one Brijesh Kumar. Defendant number1 present respondent number1 and defendant number. Jagannath died issueless. The family pedigree was accepted subject to the companyrection that Chandra Bhan and Shanti Devi were wrongly shown as son of Jagannath and widow of Chandra Bhan. Chawali Devi executed a will dated 21.6.1962 in favour of Defendant 1 in respect to her entire property. It was also pleaded that since only Battu Mal lived in Ghaziabad, he got his name mutated in the Municipal Records. Defendant number1 in her written statement denied the claim of the plaintiffs and it was pleaded that plaintiff number1 Om Prakash was tenant of Smt. He had adopted Chandra Bhan who happens to be the son of his real sister and the sisters husbands name was also Jagannath. One Surendra Kumar and Smt. Om Prakashs widow Smt. Defendants Nos. It is alleged that Jagannath had numberissue. But in order to avoid any dispute defendant Satya Gupta had purchased 1/2 share from Surendra Kumar and Smt. lived, there was a custom prevalent among Vaish companymunity to adopt son of sister. The answering defendant sold by a registered sale deed properties to Bansals Defendants Nos. No such custom was prevalent in the Vaishya companymunity of Hapur. Defendant number1 is in possession of the suit property for last about 20 years and her name is entered in the Municipal Records as owner of the disputed property. 3 4 in their written statements adopted the pleadings of defendant number1 and categorically, alleged that according to the Hindu custom sisters son cannot be adopted, hence alleged adoption of Chandra Bhan by Jagannath was against law. Plaintiffs filed replication in which it was reiterated that in the Township of Hapur, where Jagannath, Anand Swaroop etc. 2 and 3 in this appeal were impleaded as defendant number.3 and The plaint allegations were that House number104 old number with its new numbers 175 and 176 described in the plaint belonged to one Pares Ram who had four sons namely, Jagannath, Dina Nath, Anand Swaroop and Battu Mal. Satya Gupta being her daughter became owner in possession of the entire suit property. They have also failed to establish that in the Township of Hapur a custom was prevalent in Vaish companymunity, to validly adopt son of sister. She executed a sale deed dated 26.7.1979 of her share in the suit property. The plaintiffs suit was accordingly decreed. Chawali Devi on part of the suit property for about last 25 years and he had companystructed one pucca room on the land under his tenancy. Chawali Devi on part of the land of the disputed property at the rate of Rs.65/ per month as rent. Relevant issues are issues number.1 and 2 which were as follows Whether a custom was prevalent in Vaish companymunity to validly adopt son of the sister? In the sale deed executed by Surendra Kumar and Basanti Devi in favour of defendant No.ls 1/4th share is shown to have been sold as 1/3rd share to defendant number l .
On the pleadings of the parties, the trial companyrt framed a number of issues. Plaintiff No.1, Om Prakash was also given 7 x 7 feet land of suit property on rent by Smt. The sale deed executed by Smt. The trial companyrt on companysideration of the evidence adduced before it and also on companysideration of legal position recorded finding that the plaintiffs have failed to establish that Jagannath had legally adopted Chandra Bhan as his son. He inducted plaintiff number2 as subtenant. On the above pleadings the relief claimed was that the suit property be partitioned by metes and bounds and the plaintiffs be given possession on the separate share allotted to them. Shiv Om Banshal and Mahendra Kumar Banshal Respondent Nos. Defendant number2 did number file any written statement and suit against him proceeded ex parte. It was also pleaded that Smt. The plaint averments refer to the following facts Om Prakash and Salekh Chand filed Suit No.699 of 1984 against Smt. Chawli Devi on which a temporary wooden Khokha was kept by Om Prakash in which he was doing Crockery and Shamiyana business. Satya Gupta by registered sale deed. She died on 23.5.1980 and on her death defendant number1 filed Testamentary Suit No.1/81 in the High Court on the basis of the will dated 21.6.1962 and she was granted Letters of Administration on 9.4.1984. She filed suit number31 of 1985 for ejectment of the plaintiffs, which was then pending. Plaintiffs never objected to it. One Sri Hari Shanker Bansal father of Defendants number 3 and 4 was tenant of Smt. Background facts in a nutshell are as follows A suit filed by the plaintiffs Om Parkash and present appellant Salakh Chand was dismissed by learned Additional Civil Judge, Ghaziabad in Suit No.699/84. The legal heirs of the another plaintiff Om Prakash who died on 28.2.1998 proforma respondent No.4 have been impleaded in this appeal. Ceremony of adoption was performed in accordance with the customs of the companymunity prevalent among the parties in the month of Flagun Samvat 1985. The High Court in the second appeal formulated the following questions for determination Whether the plaintiffs respondents have successfully discharged the burden of proof to establish that there existed a custom in the Vaish companymunity to which the lineal descendants of Paras Ram belonged, to adopt the son of sister? 3 4 and they are necessary parties to the suit. 3 and 4 companytested the suit by filing separate written statements. Ram Kumari died on 2.6.1999 and, therefore, their son Munna Lal is proforma respondent number4. 1380 of 2002 Dr. ARIJIT PASAYAT, J Second appeal filed by the defendants having been allowed by the learned Single Judge of the Allahabad High Court one of the plaintiffs Salekh Chand has filed this appeal. Hence the alleged adoption was illegal. Relevant entries were made in the Municipal records for the assessment years 1946 51. Learned Additional District Judge, Ghaziabad reversed the judgment and decree dated 5.3.1990 by judgment and decree dated 22.2.1998. Both the parties adduced oral as well as documentary evidence. OF 2008 Arising out of SLP C. No. CIVIL APPEAL NO. | 0 | train | 2008_514.txt |
Paramjit Kaur Khalra. Shri Jaswant Singh Khalra raised the voice against the same. Paramjit Kaur PW.2 identified Jaspal Singh, Surinderpal Singh and Jasbir Singh Kirpal Singh Randhawa PW.7 identified Satnam Singh Kulwant Singh PW14 identified Jaspal Singh and Satnam Singh Rajiv Singh PW.15 identified Jaspal Singh, Satnam Singh and Prithipal Singh and Kuldip Singh PW.16 identified Jaspal Singh, Satnam Singh, Surinderpal Singh, Jasbir Singh and Prithipal Singh. The charges had been that all of them agreed to abduct and eliminate Shri Jaswant Singh Khalra. The dead body of Shri Jaswant Singh Khalra was number recovered. Shri Khalra was being threatened over the telephone by the police officials. Paramjit Kaur PW.2 , Rajiv Singh PW.15 and Kirpal Singh Randhawa PW.7 have identified the appellants as the persons who have abducted Shri Khalra. They all went to the room where Shri Jaswant Singh Khalra had been detained and started beating him. The life of Shri Khalra came to an end. elimination of Jaswant Singh Khalra is companycerned, Kuldip Singh PW.16 has been described as a star witness of the incident. Paramjit Kaur PW.2 , Kirpal Singh Randhawa PW.7 , Kulwant Singh PW.14 and Rajiv Singh PW.15 . Paramjit Kaur PW.2 . Shri Jaswant Singh Khalra was also brought to the said Police Station on 6.9.1995 and Shri Khalra had disclosed his identity to the said witness and told him that he was number knowing as to why he had been brought to the police station by the appellants Satnam Singh and Jaspal Singh, DSP. Shri Rajiv Singh PW.15 was present in the house of Shri Khalra at the time of abduction, Kirpal Singh Randhawa PW.7 had seen appellants, namely, Jaspal Singh, DSP, Surinderpal Singh, Jasbir Singh and Satnam Singh alongwith other accused persons rushing through Kabir Park with the deceased Jaswant Singh Khalra inside a Maruti van. As numberinformation companyld be furnished by the State about the whereabouts of Shri Jaswant Singh Khalra, this Court transferred the investigation to the CBI. Shri Jaswant Singh Khalra had been detained in a room in Police Station Jhabal and the witness had been assigned the duty by Satnam Singh, SHO, to serve him meals etc. There had been FIR against Paramjit Kaur PW.2 and Kirpal Singh Randhawa PW.7 . Paramjit Kaur. After sometime, Shri Khalra was brought back to Jhabal Police Station. Paramjit Kaur PW.2 , Justice Ajit Singh Bains PW.5 , Satnam Singh PW.6 , Satwinderpal Singh PW.8 , Jaspal Singh Dhillon PW.11 , Surinderpal Singh PW.12 , Rajiv Singh PW.15 and S.Joshi PW.19 . Ajit Singh Sandhu, SSP, hatched a companyspiracy with appellants and some other police personnel to abduct Jaswant Singh Khalra and eliminate him or to put him in danger of being murdered. The motive of the accused police officers to abduct and kill Shri Jaswant Singh Khalra companyes out clearly from the testimonies of Smt. At the time of abduction, the accused did number permit Jaswant Singh Khalra even to change his clothes. However, numberprogress in investigation companyld be made and whereabouts of Jaswant Singh Khalra companyld number be known. In spite of best efforts made by the CBI, whereabouts of said Jaswant Singh Khalra companyld number be traced. Sufficient evidence is available on record in respect of abduction of Shri Jaswant Singh Khalra and the witnesses, particularly, Smt. Three of them, namely, Jaspal Singh, DSP, appellant, Amarjit Singh and Rachpal Singh, as a result of criminal companyspiracy, companymitted murder of Shri Khalra. They all went to the room where Shri Khalra had been detained and Ajit Singh Sandhu, SSP, asked him to stop his activities. Paramjit Kaur PW.2 , wife of the deceased and others particularly, Rajiv Singh PW.15 who went from pillar to post, whereabouts of Jaswant Singh Khalra were number made known to them. After about 3 days of the said incident, in the afternoon, Satnam Singh, SHO, had taken Shri Khalra alongwith the said witness to Taran Taran at the residence of Ajit Singh Sandhu, SSP. Kuldip Singh PW.16 , made voluntary statement to the CBI that he was a privy to all that happened with Shri Jaswant Singh Khalra from the time he was brought to the Police Station, Jhabal till his death. Thus, the CBI requested this Court to issue direction to transfer Jaspal Singh, DSP, Taran Taran, Surinderpal Singh, SHO, Satnam Singh, SHO. Jaswant Singh Khalra was able to generate public pressure against the police authorities which was a source of anger and pressure upon the police. Paramjit Kaur, wife of the deceased, but whereabouts of Jaswant Singh Khalra companyld number be known and in view thereof, investigation of the case was transferred to the CBI. Kuldip Singh PW.16 was SPO and Bodyguard of Satnam Singh, SHO, accused appellant. On one day, at about 7.00 PM, Jaspal Singh, DSP, came there with his bodyguard Arvinder Singh and after sometime, Surinderpal Singh, Jasbir Singh and Prithipal Singh also came. Some high officials of police including the then Director General of Police, Punjab, came there and they talked to Shri Jaswant Singh Khalra in a closed room. Ajit Singh Sandhu directly and indirectly tried that Shri Khalra companyld desist from exposing the illegal activities of the police in those districts. However, the trial companyrt vide order dated 25.7.1998 framed the charges against eight persons, namely, Ashok Kumar, Satnam Singh, Rachpal Singh, Jasbir Singh, Amarjit Singh, Surinderpal Singh, Prithipal Singh and Jaspal Singh, DSP. There are companycurrent findings of facts by two companyrts that all the appellants are guilty of abducting Shri Jaswant Singh Khalra with an intent to eliminate him. Shri Khalra persisted in pursuing the truth and fighting for human rights. Shri Khalra was beaten by them and, thereafter, they left the said place. Paramjit Kaur PW.2 and Justice Ajit Singh Bains PW.5 about the incident of kidnapping. After sometime, Satnam Singh, SHO, Jasbir Singh, SHO and Prithipal Singh also came in another Maruti car. It was on 2.3.1998, i.e., after filing of the charge sheet that Kuldip Singh PW.16 revealed the facts to the CBI New Delhi Office in respect of abduction and murder of Jaswant Singh Khalra. Had this Court number issued directions and transferred the case to the CBI for investigation, perhaps the mystery of death of Shri Jaswant Singh Khalra companyld number have surfaced. Paramjit Kaur Ex. Kuldip Singh PW.16 kept quiet till Ajit Singh Sandhu, SSP, companymitted suicide. Order dated 7.8.1996 further reveals that there was sufficient material to prosecute Ajit Singh Sandhu, SSP, District Taran Taran, Ashok Kumar, DSP and Jaspal Singh, DSP and it was made clear that in spite of the fact that the CBI was companytinuing further investigation regarding the whereabouts of Jaswant Singh Khalra, it companyld number be known upto 7.8.1996 as to whether he was alive or number. The police implicated Rajiv Singh PW.15 in four cases during the trial. Sufficient material has been placed before the companyrts below as well as before this Court to show that Shri Jaswant Singh Khalra was a human rights activist and had raised the voice against Shri Ajit Singh Sandhu, the then SSP of Taran Taran District, about the killing of innocent persons and cremation of thousands of unidentified bodies unceremoniously. Kirpal Singh Randhawa PW.7 and Rajiv Singh PW.15 had been involved in a case allegedly threatening to implicate the witnesses in a rape case. Some of these witnesses had deposed that Shri Khalra had been receiving death threats in reference to his investigations into illegal encounters and cremations. The police authorities did number companyperate in helping the companyplainant, though the witnesses had named the persons involved in the abduction of Shri Khalra. He had been serving the meals to Shri Khalra who had become very weak and fragile and was having scratch marks on his body. Jaswant Singh Khalra informed a large number of persons about the threats and being watched by unidentified suspicious persons, who had been wandering around his house and had been followed by such elements. Kulwant Singh PW.14 in his statement recorded by the CBI under Section 161 Cr. Paramjit Kaur PW.2 filed Criminal Revision No. Kulwant Singh PW.14 has deposed about his illegal detention in Police Station Jhabal. After 4 5 days, Ajit Singh Sandhu, SSP, Jaspal Singh, DSP, alongwith his bodyguard Arvinder Singh came in a Maruti car without having any registration number at 7.00 PM. In order to find out the whereabouts of Shri Khalra, the CBI made public appeal by putting his photographs in electronic media. Prithipal Singh, Satnam Singh, Surinderpal Singh and Jasbir Singh, appellants, were companyvicted under Section 120 B IPC and sentenced to undergo RI for five years and to pay a fine of Rs.2,000/ each, and in default of payment of fine, to further undergo RI for two months. Paramjit Kaur PW.2 wife of the deceased, came to her house from the University, where she was working, on being informed by Rajiv Singh PW.15 . Further for causing the companypus of Shri Jaswant Singh Khalra disappeared with the intention of screening themselves from legal punishment, the said three persons were charged under Sections 201 read with 34 IPC. He companyld number reveal the incident to anybody because of fear till Ajit Singh Sandhu, SSP, was alive as he was apprehending about the safety of his own life in case he discloses the gruesome murder of Shri Khalra companymitted by the police. Amarjit Singh has been acquitted by the High Court. Shri Jaspal Singh, learned Senior companynsel appearing for appellant Jaspal Singh, DSP, companytended that numbere of the alleged eye witnesses, namely, Paramjit Kaur PW.2 , Rajiv Singh PW.15 and Kirpal Singh PW.7 , witnesses of first part of incident, i.e., kidnapping of Jaswant Singh Khalra from his house, is a reliable witness, for the reason, that Paramjit Kaur PW.2 was examined in the companyrt after 8 years of occurrence and, first time, she had named the appellant Jaspal Singh as one of the persons whom she had seen present outside her house on 6.9.1995, i.e., the date of kidnapping, but she companyld number furnish any explanation as to why the appellant had number been named in the FIR lodged on 6/7.9.1995. The depositions of all the witnesses including Kulwant Singh PW.14 and Kuldip Singh PW.16 are worth acceptance in spite of all the discrepancies pointed out by the accused appellants. In spite of the best efforts of this Court, and passing order after order in the Writ Petition for Habeas Corpus, it companyld number be known as to whether Shri Jaswant Singh Khalra was dead or alive. One of the witnesses, namely, Rajiv Singh PW.15 was pushed away . It was revealed before the Sessions Judge that there was some evidence that Jaswant Singh Khalra had been murdered by the appellants and other accused persons secretly and his dead body had been thrown in the canal near Harike at midnight just after Diwali in the year 1995. Rajiv Singh PW.15 immediately informed various persons including Smt. His narration recorded regarding detention of Shri Khalra by the police did number get any companyroboration from any companyner including record of police station, log books of police vehicles. The dead body of Shri Khalra was thrown in the canal and all three vehicles came back to the rest house of village Harike. Jaspal Singh, DSP, appellant had been charged under Sections 302/34 IPC alongwith two others. Paramjit Kaur had number properly been recorded by the SHO Police Station, Islamabad. No explanation companyld be furnished by the prosecution why the witness had number named the appellant Jaspal Singh, DSP when his statement was recorded by the CBI under Section 161 Cr. He was Special Police Officer hereinafter called SPO attached to Satnam Singh, SHO, Police Station Jhabal, and was promised to be inducted into the Punjab Police permanently. Being aggrieved, the other accused Amarjit Singh filed Criminal Appeal No. The witnesses named the police officials in their statements before the CBI and they identified the accused persons in the companyrt. Kirpal Singh Randhawa PW.7 was falsely enroped in a rape case in the year 2004. Paramjit Kaur PW.2 , wife of the deceased, filed Criminal Writ Petition No. Kirpal Singh PW.7 also did number disclose in his statement under Section 161 Cr. After investigating the matter in pursuance of orders passed by this Court, the CBI filed charge sheet on 13.10.1996 in the companyrt of Magistrate at Patiala against nine police officers, wherein the main accused was Ajit Singh Sandhu, the then SSP of Taran Taran District. Kuldip Singh PW.16 had never disclosed any name for long long time. Charges companyld number be framed against Ajit Singh Sandhu, SSP, for the reason that he companymitted suicide before framing of the charges. Paramjit Kaur PW.2 allegedly paying him a sum of Rs.50,000/ as a bribe for deposing against the police authorities. P.C. 49 T of 9.5.1998/30.11.2001 vide judgment and order dated 18.11.2005, whereby he had companyvicted Jaspal Singh, DSP appellant in Criminal Appeal No. Paramjit Kaur PW.2 had testified that she had been threatened by the accused persons on telephone for pursuing the case of her missing husband. More so, Kuldip Singh PW.16 has been an accomplice in the crime and over and above, he being a solitary witness, his evidence cannot be relied upon without companyroboration. The High Court was justified in enhancing the punishment so far as the appellants other than Jaspal Singh, DSP are companycerned companysidering the gravity of the offence companymitted by them. The CBI during the companyrse of investigation, realised that it was number possible to companyduct the investigation fairly and properly unless some of the police officers involved in the case were transferred from the districts of Amritsar and Taran Taran. Learned Additional Sessions Judge, Patiala, vide judgment and order dated 18.11.2005 companyvicted all the appellants and some other accused persons under Sections 364/34 IPC and companyvicted the appellant Jaspal Singh and one Amarjit Singh under Sections 302/34 IPC and under Sections 201/34 IPC and awarded the sentences as mentioned hereinabove. Kulwant Singh PW.14 had been falsely involved and companyvicted in a case under NDPS Act, who was subsequently acquitted by the High Court. He had been working on abduction and cremation of unclaimed unidentified bodies during the disturbed period in Punjab, particularly in districts Amritsar and Taran Taran. The witnesses suffered with criminal intimidation at the hands of the police officials. There is numberhing on record to show that he had been appointed permanently or temporarily as Special Police Officer hereinafter called SPO and had been assigned the duty of bodyguard to Satnam Singh, SHO. In spite of transfer of the investigation of the case to the CBI, the Punjab police officials did number companyperate with the CBI and were number lending proper support in companyducting the investigation. Paramjit Kaur PW.2 had approached the National Human Rights Commission at New Delhi in respect of the incident. The CBI registered R.C.No. This Court directed the Jail Superintendent, Amritsar to file an appeal on behalf of Kulwant Singh PW.14 before the High Court. It so happened because of companynivance of police officials. Subsequently, at about midnight, the witness alongwith some appellants came back to police station Jhabal. During the companyrse of trial, Ashok Kumar died, Rachpal Singh was discharged before his statement under Section 313 Cr. The eye witness had always been threatened by the appellants who happened to be the police officials. Charges had been framed prior to recording the statements of Kuldip Singh PW.16 and in such a fact situation the trial companyrt ought to have altered the charges. Paramjit Kaur PW.2 , wife of the deceased, vide order dated 16.10.2007 and enhanced the sentence of the four appellants from seven years RI to imprisonment for life under Section 364 IPC. The order dated 22.7.1996 passed by this Court reveals that the CBI in its interim report informed this Court that 984 dead bodies had been cremated as Lavaris in the district Taran Taran alone and a large number of innocent persons had been killed by the police for which there was sufficient material to register criminal cases against the police officials. Kikkar Singh PW.1 turned hostile because of threats in spite of the fact that he was provided sufficient security and protection. The police also registered fake criminal cases against Smt. It may be pertinent to numbere here that the appeal filed before the High Court was allowed and Kulwant Singh PW.14 was acquitted vide order dated 8.12.1997. The accused in the case had been high police officials and there was every possibility that statement of the companyplainant Smt. P.C., if so required for the prosecution of the police officials. The High Court vide its impugned judgment and order dated 8.10.2007 acquitted Amarjit Singh, however, the companyviction of other appellants was maintained. The said witness had strong grievances against the police officers in general and the accused persons in particular. 528 of 2009 and one Amarjit Singh, ASI, under Sections 302/34 of Indian Penal Code, 1860 hereinafter referred as IPC , and sentenced them to undergo imprisonment for life and to pay a fine of Rs.5,000/ each, in default of payment of fine, to further undergo Rigorous Imprisonment hereinafter called RI for five months. Punjab Police officials persistently made attempts to exert undue pressure on the witnesses throughout the investigation and trial. Islamabad, District Amritsar, at 9.30 AM under Section 365 IPC. Paramjit Kaur PW.2 who companyld number even know whether her husband was alive or dead and, if alive, where he had been and numbere of the higher authorities in administration helped her or disclosed the whereabouts of her husband, approached this Court by filing a Habeas Corpus Petition i.e. Ultimately, the companyplainant, Smt. Even the companyplaints filed by the witnesses against other witnesses had been found to be false. The appellants and other accused police officials attempted to prevent the testimony of the witnesses by threatening, harassing and involving them in false criminal cases and physical intimidation. The police officials of Punjab united in an unholy alliance as their companyleagues were involved and the case was going to tarnish the image of Punjab police. The defence also examined 12 witnesses to rebut the allegations of the CBI. She did number name the appellant when her statement was recorded by the CBI on 2.1.1996 under Section 161 Cr. The accused had been identified companyrectly in the companyrt by various witnesses. These four accused appellants were also companyvicted under Sections 364/34 IPC and sentenced to undergo for seven years RI and to pay a fine of Rs.5,000/ each, in default of payment of fine, to further undergo RI for five months. They were also companyvicted under Sections 201/34 IPC and sentenced to undergo RI for two years and to pay a fine of Rs.2,000/ , in default of payment of fine, to further undergo RI for two months. This Court further directed the State Administration to provide full protection security to all the witnesses who were assisting the CBI in the investigation. After companypletion of the investigation, the chargesheet was filed in the companyrt of Special Judicial Magistrate CBI Cases , Patiala, against the appellants and other accused persons under Sections 120 B, 365 and 220 IPC. revealed that he had been detained in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter called NDPS Act on 4.9.1995 by the police officials of Police Station Jhabal. There is sufficient evidence on record to show that the appellants and other companyaccused remained posted in the districts of Taran Taran and Amritsar and they stood transferred from those districts only on the directions of this Court as the CBI had pointed out that it would number be possible to companyduct a fair investigation till the appellants and other companyaccused remain posted in those two districts. A large number of posters having his photograph had been affixed on the walls of the cities particularly in Taran Taran, Majitha and Amritsar and made a declaration that person giving information about him, would be rewarded with a sum of Rs.1 lakh. Both were also companyvicted under Section 120 B IPC and sentenced to undergo RI for five years and to pay a fine of Rs.2,000/ , in default of payment of fine, to further undergo RI for two months. 8, Kabir Park, Amritsar, on 6.9.1995 at 1.00 OClock. 5000/ each, in default of payment of fine, to further undergo RI for five months. She made a companyplaint on the same day at 4.00 PM making a statement to SI Baldev Singh at Kabir Park that her husband had been kidnapped at 1.00 OClock by some persons in police uniform in Maruti van of white companyour bearing No. Most of the witnesses have rightly identified the appellants in companyrt. The witnesses had been threatened and implicated in false cases. They were further companyvicted under Sections 364/34 IPC and sentenced to undergo RI for seven years and to pay a fine of Rs. On the other hand, Shri Mohan Jain, learned ASG, Ms. Kamini Jaiswal and Shri R.S. A large number of false documents had been created by one of the witnesses because of police threats and fear put by the accused. The witnesses were so scared terrified of the action of the police atrocities criminal intimidation that they companyld number muster the companyrage to reveal the truth. He was having several grievances against the police officers in general and accused persons in particular. The local police did number like it and hatched a companyspiracy to abduct him and in furtherance of that criminal companyspiracy, he had been abducted by the local police officials on 6.9.1995 about 9.00 a.m. from his residence and after keeping him in the illegal detention, killed him and thrown his body into a canal in Harike area. The eye witness had falsely been implicated in serious criminal cases. The depositions made by the witnesses in the companyrt had been companysistent with their statements recorded under Section 161 Cr. The prosecution examined 22 witnesses to prove its case against the appellants and other accused persons. She deposed that she had disclosed the entire incident to Shri D.R. All of them including the witness went in three cars to village Harike. PA dated 6.9.1995 submitted by Smt. The witnesses were reliable under the facts and circumstances of the case. The witnesses had been acquitted by the companyrts as they had falsely been involved in criminal cases of a very serious nature. 497 of 1995 before this Court, wherein this Court vide order dated 5.11.1995 transferred the investigation to the Central Bureau of Investigation hereinafter referred as CBI . The Police Force in India has always been known for its numberorious activities. PO under Sections 365, 220 and 120 B IPC. Thus, all of them stood charged under Section 120 B IPC. The appellants stood companyvicted under Section 364 read with Section 34 IPC and were awarded 7 years RI each. The witnesses companyld number name the accused while filing affidavits in this Court in the writ petition. This Court vide order dated 15.3.1996 directed the Director General of Police, Punjab, to transfer the said officials out of those districts with a further direction that they should number be posted in adjoining districts also. In spite of the best efforts made by Smt. Before approaching this Court by filing a Habeas Corpus Writ Petition, Smt. The prosecution witnesses failed to identify the abductors. 864 DB of 2005, 2062 SB of 2005, 2073 SB of 2005, 2074 SB of 2005, 2075 SB of 2005 and order dated 16.10.2007 in Crl. Thus, they were charged under Sections 302 read with 34 IPC. All of them were charged under Sections 364 read with 34 IPC. However, he did number deter and therefore, there was a motive on behalf of the police department to kidnap and make him understand the companysequence that he would face and, ultimately, to eliminate him. 323 of 2006 filed by Smt. The witness had been asked to bring hot water. Bhati, D.I.G., who was number examined in the companyrt. In fact, the offence companyld be unearthed because of directions issued by this Court in the writ petition filed by Smt. The investigation was monitored by this Court. On the basis of the said statement, an FIR No. There is numberhing on record to discredit the testimonies of either of these witnesses in this regard, rather their testimonies had been companysistent with each other and inspired companyfidence. The police had been eliminating the young persons under the pretext of being militants and was disposing of their dead bodies without maintaining any record and without performing their last rites. This Court in its order dated 28.8.1996 took numbere of the fact that the witnesses had been provided protection security of Central Reserve Police Force Border Security Force and companynsel appearing for the State assured the Court to grant necessary sanction under Section 197 Cr. In case of discharge of one by the trial companyrt and acquittal of other companyaccused of the said charges by the High Court, question of companyvicting the appellants under Sections 302/34 IPC companyld number arise. 323 of 2006, whereby the High Court has dismissed the appeals of the appellants filed against the companyviction and sentences awarded to them by the Additional Sessions Judge, Patiala, in Sessions Case No. It may also be pertinent to mention here that in the said case, the appeal companyld be filed before the High Court only on the direction issued by this Court while entertaining the criminal Writ Petition filed by Smt. Moreover, there had been inordinate delay in investigation and thus, there were a lot of improvements and manipulations in the record. In case, the appeals of these appellants had been dismissed by the High Court, there was numberjustification for enhancing the punishment in exercise of the power under Section 386 e Cr. In case, there had been numbermaterial at the time of framing of the charges for a more serious offence, the High Court erred in enhancing the punishment suo motu. The High Court while dismissing the Criminal Appeals filed by appellants, allowed the Criminal Revision Petition No. They companyld muster the companyrage to speak only after getting proper security protection under the orders of this Court passed in the Writ Petition filed by the companyplainant Smt. Police atrocities are always violative of the companystitutional mandate, particularly, Article 21 protection of life and personal liberty and Article 22 person arrested must be informed the grounds of detention and produced before the Magistrate within 24 hours . Hence, these appeals. He is a criminal and had escaped from judicial custody while he stood companyvicted in a case under the NDPS Act. He had been changing his version during the investigation as well trial of the case. He had also filed companyplaint against Smt. So, the prosecution was directed to file supplementary report under Section 173 8 of Criminal Procedure Code, 1973 hereinafter referred as Cr. His dead body was kept in a dicky of the van while blood was oozing from his body. This Court passed several orders in a writ petition filed by Smt. Thus, we are companycerned with only remaining five appellants. Bains, learned companynsel appearing for respondents, have submitted that the facts of the case do number warrant any interference by this Court with the impugned judgment. The State of Punjab was directed to pay a sum of Rs.10 lacs as an interim companypensation to companyplainant Smt. However, numbere of them companyld successfully prove the same and the plea of alibi taken by them was found to be false. So far as the third part of the incident, i.e. PA had number been recorded as reported by her. companyld be recorded as numberincriminating material appeared against him. He did number name the said appellant for years together and disclosed the same first time while his statement was recorded in companyrt. CHAUHAN, J. 863 DB of 2005 and other appellants filed the criminal appeals as mentioned hereinabove. He had been detained in July 1998 for allegedly forming a terrorist organisation, which was subsequently found to be totally fake on investigation by other agency. However, she was advised to approach this Court. Therefore, the question of reliance on his deposition does number arise. The findings so recorded are based on appreciation of evidence which had been recorded after eight years of the incident. She did number even name the appellant in the writ petition filed under Article 32 of the Constitution of India, 1950 hereinafter called as Constitution before this Court. The High Court companymitted error in observing that it was a fit case for enhancement of punishment though charges had never been framed for the offences providing more rigorous punishment. The matter was companymitted to Sessions Court. Even an award of Rs.1 lakh was announced for anyone giving information regarding his whereabouts. One of the companyplaints had been against the companyplainant herself. 323 of 2006 for enhancement of the sentences of the four appellants. His companyduct throughout the proceedings companyld number be above board. Writ Petition Crl. As he went out of the room for arranging the same, he heard slow numberse of gun firing twice. His deposition requires companyroboration for various reasons. Notices were issued to the four appellants for enhancing the sentences awarded to them while dismissing their appeals. All the accused had taken the plea of alibi to show that numbere of them was present at the place of occurrence on the relevant date. INSTANT CASE The case requires to be examined by taking into companysideration the aforesaid facts and settled legal propositions. 14/S/95/SCB I Delhi dated 18.12.1995 Ex. All the above appeals have been preferred against the companymon judgment and order dated 8.10.2007 passed by the High Court of Punjab Haryana at Chandigarh in Criminal Appeal Nos. Report Ex. 497 of 1995. PA was registered on 7.9.1995 at P.S. He lodged several companyplaints giving different versions. She made a search for her husband but in vain. There are companycurrent findings of facts. He had been directed to keep the matter most secret and number to disclose anything to anybody. DNB 5969. Their testimonies companyroborate with each other and are important to companyprehend the chain of events. This was so done only to prevent them to support the prosecution. The version therein had been different from what she had reported. 72 Ex. All the matters were heard together. The appeals have merit and deserve to be allowed. Dr. B.S. R.P. This points towards their guilt. No. | 0 | train | 2011_797.txt |
PW 1, the companyplainant was said to have produced a currency numbere of the denomination of Rs.20/ before PW 6 who applied the chemical powder on either side of the currency numbere and made it kept in the side pocket of the trouser of the companyplainant. On receipt of a companyplaint from PW 1, orally PW 6 reduced the same in writing. The other panch witness, PW 5 and the lady companystable Victoria were instructed to remain present nearby the side of the record room and rush to the spot on receipt of the signal from the companyplainant. PW 1 was instructed number to touch the currency numbere till the accused makes the demand and only thereafter give it to her. The number examination of the lady Constable, who first reached the spot after the alleged acceptance of the amount as well as of Jagidsh Bokade, who had played a pivotal role in the trap alongwith PW 1 and PW 3, renders the case of the prosecution self condemned. The appellant denied the charges and asserted that she was falsely implicated on the machinations of PW 3, PW 1 and one Jagdish Bokade, Shri Devanand was examined as DW 1. Thereafter, PW 6 prepared a solution of sodium carbonate in a glass tumbler and when the accused dipped her hands in the glass tumbler companytaining the solution the companyour of the solution was said to have turned to purple and the companylection of the same was sealed for being sent to chemical analyser. The solution of sodium carbonate when sprinkled on the currency numbere and the pad on the table on which the currency numbere has been thrown purple companyour appeared on both and they were duly seized under a mahazar, for further action. A pre trap panchnama was stated to have been drawn after explaining the details of the trap and the characteristics of phenolphthalein powder as well as its use in a trap. The lady companystable was said to have arrived first, immediately and held both the hands of the accused who by then seems to have thrown the currency numbere from her hands on the table. The lady companystable was instructed to immediately catch the hands of the accused and the rest of the trap party would follow them by remaining at a distance. PW 1 was number prepared to pay the money and he sought the advise of one Jagdish Bokade who gave the idea of companyplaining to the Anti Corruption Bureau. PW 2, one of the panch witnesses, was instructed to accompany the companyplainant and number only hear the companyversation between the accused and the companyplainant but also keep a watch as to where the accused keeps the amount, after receiving the same. The lady Constable, Victoria, another shadow witness, who first arrived on the spot after the signal was given by PW 1, was number examined at the trial. The companyplainant was said to have gone ahead with PW 2, while the other members of the trap party took positions outside the room waiting for the agreed signal from the companyplainant of rubbing his mouth with his handkerchief. Then Inspector, PW 6 called for two panchas PWs 2 and 5 from the Forest Department as well as a lady companystable named Victoria. Jagdish Bokade, who scribed the application dated 13.8.1986 for getting companyies and who admittedly was all alongwith PW 1 and gave even the idea of lodging a companyplaint with the Anti Corruption Bureau, has also been withheld from being examined. The further case of the prosecution is that things happened the way it was planned and the companyplainant number only paid the amount by handing over the currency numbere on a demand then made by the accused but he came out of the room and made the signal for the trap party to play their respective and allotted roles. The accused, allegedly demanded Rs.20/ for making available the records. The crux of the prosecution case, leaving aside the unnecessary details is that PW 1 made an application on 13.8.86 for companyies of records relating to lands held by his grand father and on the suggestion of PW 3, the Head Copyist, he approached the accused and requested her to make available the relevant record for preparation of companyies. Immediately, thereafter, PW 6 was said to have lodged a report against the accused at Police Station, Wardha, and thereafter carried on the investigation which resulted in laying of the charge against the accused. In this case, the role of Victoria was to enter first and hold the hands of the accused immediately after the acceptance of the bribe amount and she was stated to have done that, as planned. The case of the prosecution was that the appellant demanded and accepted on 20.8.1986 a sum of Rs.20/ from one Magorao Tarale PW 1 , as gratification other than legal remuneration for doing an official act of sending the relevant records to the companyying section for providing companyies of maps and Khasra Patrak, applied for by him. For the offence under Section 5 1 d read with Section 5 2 of the Act, the appellant was sentenced to suffer rigorous imprisonment for a period of one month and to pay a fine of Rs.500/ , and in default to suffer further rigorous imprisonment for three weeks. The Special Judge, after companysidering the materials on record, held the charges proved and sentenced the appellant to undergo rigorous imprisonment for a period of one week and to pay a fine of Rs.200/ , in default of which to suffer further rigorous imprisonment for fifteen days for the offence under Section 161, IPC. The prosecution examined PWs 1 to 7 and marked several documents in support of the charges. Both the sentences were ordered to run companycurrently, on 30.10.1993. On the question of sentence also, the learned Judge in the High Court was of the view that leniency had already been shown by the Trial Judge and there was numberfurther scope for interference. On an appeal filed before the High Court at Mumbai, a learned Single Judge also affirmed the findings recorded by the Trial Judge. The appellant pleaded number guilty and sought for trial. The appeal came to be rejected on 18.10.1994 resulting in filing of this appeal by special leave. | 1 | train | 2000_1142.txt |
Soli J. Sorabjee Addl. Sudhakaran for Hotel and Restaurant Association, Ernakulam. Soli J. Sorabjee, Addl. S. Chitale for Hotel Restaurant Association Calcutta and Eastern Region. C. Bhandare for the Federation of Hotel and Restaurant Associations, of India. Lalit Bhasin, Vinay Bhasin and Vineet Kumar for South Region Fariya Hotel. Anil Diwan, Ravinder Narain and Sri Narain from Walcom Hotels and Indovilles Hotel Division. K. Rao and A. T. M. Sampath for Tamil Nadu Hotel Association. General and M. N. Shroff for the State of Maharashtra. V. S. N. Chari and M. S. Ganesh for the State of Andhra Pradesh. S. Nariman, Lalit Bhasin, M. N. Karkhanis, Mrs. S. Bhandare and Miss Malini Poduval for the Opposite side. J. Francis for the State of Kerala. FOR INTERVENERS T. Desai and M. N. Shroff for the State of Gujarat. B. Ahuja, M. N. Shroff, R. S. Chauhan and R. N. Sachthey for the Petitioners. was delivered by Pathak, J. Krishna Iyer, J. gave a separate Opinion. V. Rangam for the State of Tamil Nadu. Mrs. Shyamala Pappu and A. Minocha for Zonth Club. On appeal, this Court took a companytrary view and held that when meals were served to casual visitors in the restaurant operated by the appellant the service must be regarded as providing for the satisfaction of human need and companyld number be regarded as companystituting a sale of food when all that the visitors were entitled to do was to eat the food served to them and were number entitled to remove or carry away uneaten food. The Judgment of V. D. Tulzapurkar and R. S. Pathak, JJ. and G. S. Chatterjee for the State of West Bengal. In a reference made to the High Court of Delhi under s. 21 3 of the Bengal Finance Sales Tax Act, 1941 as extended to the Union Territory of Delhi, the High Court expressed the opinion that the service of meals to casual visitors in the restaurant was taxable as a sale. Nettar for the State of Karnataka. Badridas Sharma for the State of Rajasthan. A forensic defeat cannot be avenged by an invitation to have a second look, hopeful of discovery of flaws and reversal of result. Mr. Soli J. Sorabjee, the learned Additional Solicitor General, who has been briefed by the respondent to appear at this stage in the case has, with his usual thoroughness and ability, succeeded in putting together a mass of legal material which we greatly wish had been before the Court when the appeals were originally heard. and P. A. Francis and B. Supporting companysiderations included the circumstance that the furniture and furnishings, linen, crockery and cutlery were provided, and there was also music, dancing and perhaps a floor show. K. Gambhir for State of Madhya Pradesh. A plea for review, unless the first judicial view is manifestly distorted, is like asking for the moon. C. Manchanda and O. P. Rana for the State of U.P. KRISHNA IYER, J. 111 112 of 1978. I agree with my learned brother Pathak J, both on the restrictive review jurisdiction and the rejection of the prayer in this case subject to the qualifications made below. 1768 69 of 1972. CIVIL APPELLATE JURISDICTION Review Petition Nos. Application for Review of this Courts Judgment dated 7 9 1978 In the matter of Civil Appeal Nos. | 0 | train | 1979_434.txt |
Siddha had joined the Air Force as an Airman on 27.12.2006 and companypleted 7 years on 26.12.2013. It is also number disputed that as per Air Force Order No.14 of 2008 and Air Force Order No. Sunil Singh is companycerned he joined the Air Force on 27.12.2005 and companypleted 7 years on 26.12.2012. It was only thereafter that they apprised the higher authorities in the Air Force that they had applied for a civil job. It is also admitted that they had number companypleted 7 years of service in the Air Force at the relevant time. It is number disputed that at the relevant time the original writ petitioners had number companypleted 7 years of service in the Air Force. After appearing in the interview they were selected but the Air Force did number relieve them on the ground that they companyld number have applied for civil employment without permission of the companypetent authority and before companypletion of 7 years of service in the Air Force. 4 of 2012, a person employed in the Air Force must seek permission of the higher authority before applying for any post and is number eligible for applying for a civil post before companypleting 7 years of service in the Air Force. The Air Force was directed to issue Discharge Certificate and relieve the petitioner within a period of 6 weeks from the date of the order and the petitioner was directed to undergo basic training in the Para Military Forces. Respondent No.1 in both the cases i.e., writ petitioners before the High Court had initially joined service as Airmen in the Indian Air Force. As far as Cpl. However, taking into companysideration the future of the petitioner and the fact that 7 years of service had been companypleted by that time, the petitioner was permitted to join the civil post. An advertisement was issued by the Union Public Service Commission in May, 2010 inviting applications for filling up of Group A post of Assistant Commandant in the Central Reserve Police Force. The respondents original writ petitioners were successful in the written examination and were selected. The High Court in the case of Cpl. Admittedly, the respondents i.e., the original writ petitioners had applied for this post but it number stands established on record that they had number sought permission of their higher authorities before submitting the application. Thereafter, the Court also directed that late joining of the petitioner will number affect his seniority which will be reckoned as per his merit along with other batch mates. The writ petitioners filed petitions in the High Court. Signature Not Verified Both the appeals are being disposed of by a companymon Digitally signed by SANJAY KUMAR judgment since the facts involved are similar and the legal issues Date 2017.08.23 165418 IST Reason involved are identical. B.S. Deepak Gupta, J. Leave granted. | 1 | train | 2017_339.txt |
He challenged the order of demolition before the Building Tribunal companystituted in this behalf under the Municipal Corporation Act, 1980. Section 415 was, thereafter amended and the Tribunal was then to companysist of a Chair man and such number of members number exceeding six as the State Government might determines. The decision of the Tribunal having gone against him, he filed a writ petition be fore the High Court at Calcutta and company tended that the Tribunal which had heard and disposed of his appeal was improperly companystituted in that it companysisted of only two members. At the time the demolition order was passed, the provisions of the Calcutta Municipal Act, 1951 were in force. We find the companyduct of the first respondent thoroughly dishonest. The writ petition was allowed and the Municipal Corporation has filed this appeal there against by special leave. The first respondent was required by the appellant to demolish a companystruction that he had put up. P. Bharucha, J. | 0 | train | 2000_184.txt |
Under a deed of trust dated April 4, 1936, certain properties described in schedules A, B, and C were settled by one Jalakhabai for purposes mentioned therein, and trustees were appointed to administer the trust. Clauses 5, 12, 13 a and 13 b of the deed of trust provided Hereafter, all the properties companyprised in the A, B, C schedules and future acquisitions of properties in the name of the said charity fund shall be administered and their income to be utilised by the trustees appointed hereunder as per the provisions companytained in this deed. 13 a One share of the 4 parts referred to above should be utilised for effecting improvement to any of the existing buildings and for putting up new buildings for being let out on rent. From the income realised from B and C schedule properties, the amount should be spent in the first instance, for the maintenance and improvements of such property, for payment of land revenue pattam, municipal tax, etc.,
and the remaining shall be divided into 4 equal parts and expended in the manner hereinafter described. Shah J. | 0 | train | 1967_239.txt |
Gautam vs. Union of India 1993 1 SCC 78 wherein it was held that The recording of reasons which lead to the passing of the order is basically intended to serve a two fold purpose 1 that the party aggrieved in the proceeding before sic the appropriate authority acquires knowledge of the reasons and in a proceeding before the High Court or the Supreme Court since there is numberright of appeal or revision , it has an opportunity to demonstrate that the reasons which persuaded the authority to pass an order adverse to his interest were erroneous, irrational or irrelevant, and 2 that the obligation to record reasons and companyvey the same to the party companycerned operates as a deterrent against possible arbitrary action by the quasi judicial or the executive authority invested with judicial power. The companytroversy raised in this appeal is companyered by the judgment of this Court in C.B. | 0 | train | 1997_491.txt |
The shares of the partners in, the profit and loss of the firm as mentioned in that deed are as follows L. Khanjan Lal /4/ L. Lalloo Ram /2/ L. Dwarka Prasad /2/ L. Ram Lal /2/ L. Sewak Ram /4/ Smt. In that disclosure statement, they further stated that those profits had been divided between the partners. Therein he sought to withdraw the application for registration because all the profits earned had number been divided according to the shares. On the basis of the material before him, the Income tax Officer came to the companyclusion that the firm had earned companysiderable black market profits, and the same had number been distributed amongst the partners according to the partnership deed and therefore the firm was number entitled for renewal of the registration. According to Sewak Ram, the profits ,earned and number entered in the accounts amounted to Rs. Income tax Reference No. They also held that those profits were number distributed amongst the partners according to the Instrument of partnership. On July 12, 1949, the partners of the firm applied to the Income tax Officer for renewal of the registration for the assessment year 1948 49. On December 9, 1950, Sewak Ram, one of the partners stated on oath before the Income tax Officer that he and his mother Jagrani Devi were number given full share of the profits of the business earned by the firm in Sam v. year 2005. He further stated that the entire profits earned in that business carried on in the previous year were number recorded in the books and the first four partners had given to him and his mother only their shares of those profits which were recorded in the books. Hence this appeal by the assessee firm. 15,000/ by way of profits outside the books. The two members who heard the appeal ,concurred with the Income tax Officer and the Appellate Assistant Commissioner that a substantial portion of the profits earned by the firm had number been entered in the books. That application was signed by all the partners. On October 5, 1950, the first four partners made a disclosure statement to the Income tax Officer to the effect that the firm had earned Rs. Ultimately the suit was companypromised and Sewak Ram withdrew his suit. On the basis of those companyclusions, he refused to renew the registration of the firm and taxed the firm in the status of association of persons. The President agreed with the Judicial Member that firm was number entitled to have the renewal of the registration asked for. On March 15, 1952, Sewak Ram and his mother Jagrani Devi gave an application to the Income tax Officer stating that they are withdrawing their signatures on the application for renewal of registration as the profits of the previous year were number distributed according to the deed of partnership and the certificate of registration required under rule 4 1 of the Income tax Rules, 1922 to be hereinafter referred to as the Rules framed under the Indian Income tax Act, 1922 in brief the Act had never been granted as required by law on the back of the partnership deed. effect that profits of the previous year were divided or credited as shown below. The assesesee firm was registered for the assessment year 1947 48. In that suit he estimated his share of profits in the amount that had number been entered in the account books at Rs. On March 31, 1951, Sewak Ram sued the first four partners for rendition of accounts. The assessee is a firm companystituted under an Instrument, of partnership dated April 30, 1947. Therein they further stated that as the certificate under rule 6 had number been granted by the assessee in accordance with law, the firm was number entitled for registration under rule 6 of the Rules. The assessee took the matter in appeal to the Income tax Appellate Tribunal. In appeal the Appellate Assistant Commissioner, upheld the decision of the Income tax Officer. He further opined that the application for registration had stood withdrawn. In his application to withdraw the suit, he stated that he wanted to withdraw the suit in view of the circumstances of the above case, an expression of utmost ambiguity. The appellant is the assessee and the companycerned assessment year is 1948 49. To that application they appended a certificate to the. 1,13,571/ . Therein he stated that he is number entitled to get any more amount from the defendants. 50,0001. 1947 of 1968. A. Ramachandran and A. G. Ratnaparkhi, for the appellant. This is an appeal by certificate. In view of this difference of opinion between the two members, the matter was referred to the President of the Tribunal under s. 5A 7 of the Act. Sen, J. Ramamurthy, R. N. Sachthey and B. D. Sharma, for the respondent. 383 of 1958. Appeal from the judgment and decree dated January 21, 1964 of the Allahabad High Court in Misc. a decision of the Allahabad High Court. The Judgment of the Court was delivered by Hegde, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. It arises from. | 0 | train | 1971_292.txt |
The following properties will go to Balkrishnappa, Respondent No.1 herein, out of the petition properties. | 0 | train | 1996_895.txt |
In 2008, the Punjab State Water Supply Sewerage Board, Bhatinda issued numberice inviting tender for extension and augmentation of water supply, sewerage scheme, pumping station and sewerage treatment plant for various towns mentioned therein on a turnkey basis. It may be mentioned that the numberice inviting tender formed part and parcel of the formal agreement. On 25.9.2008, the appellant companypany, which is Signature Not Verified involved in civil electrical works in India, was awarded the said Digitally signed by NIDHI AHUJA Date 2019.03.11 173359 IST Reason tender after having been found to be the best suited for the task. On 16.1.2009, a formal companytract was entered into between the appellant and respondent No. The appellant had entered into similar companytracts with respondent No. F. NARIMAN, J. After having received numberresponse, the appellant had filed a writ petition, being Civil Writ Petition No. Leave granted. | 1 | train | 2019_890.txt |
Election Appeal No 93 of 1963. The Election Tribunal declared the appellants election void under s. 1 00 1 b of the Act. Brij Mohan Lal who was a candidate at the election then presented a petition challenging the election of the appellant on the ground that the appellant had in the companyrse of the election companymitted companyrupt practices within the meaning of s. 123 4 of the Representation of the People Act, 1951, by publishing a poem companytaining false statements of fact relating to the personal character and companyduct of the applicant Brij Mohan Lal and which were highly prejudicial to his election prospects. At the last general elections held in February 1962 the appellant Kumaranand companytested a seat in the Rajasthan Legislative Assembly from the Beawar companystituency and was declared elected. 500 as required by s. 119A, and dismissed the appeal. At the hearing of the appeal it was companytended by the respondent Brij Mohan Lal, inter alia, that the appellant had failed to enclose with the memorandum of appeal a Government Treasury receipt showing that a deposit of five hundred rupees had been made by him in favour of the Election Commission as security for the companyts of the appeal, and his appeal was, on that account, number maintainable. Sd Mohammed Haji 31 10 63 Signature of Receiving Officer B. Sd Prem Raj 31 10 Signature of Accountant. 644 of 1964. The High Court held that the appellant had failed to companyply with the provisions of s. 119A of the Act and on that account the appeal filed by him was incompetent. The High Court declined to accede to the request made by the appellant to companydone the delay, if any, in the filing of the appeal under the proviso to s. 116A 3 and to rectify the defect arising from the appellants failure to enclose a Government Treasury receipt for Rs. Against the order of the Tribunal, the appellant appealed to the High Court of Rajasthan at Jodhpur. Appeal by special leave from the judgment and order dated February 25, 1964, of the Rajasthan High Court in D. B. K. Garg, for the appellant. D. Sharma, for respondent No. With special leave, this appeal has been preferred by the appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by Shah J. To be filed with the record. | 1 | train | 1964_315.txt |
103 of 1992 in O.P. 1 This suo moto companytempt proceeding against the respondent was initiated in 1992. 1038 of 1988. 89 of 1992 filed by his wife against the respondent, this Court came across the companynter filed by him before the Additional Family Court at Madras in I.A. T. Nanavati, J. While hearing Civil Appeal No. No. | 0 | train | 1999_1090.txt |
1.4.1987, as revised by the university grants companymission by circular dated 6th June, 1988. The High Court also directed the university to give pay and allowances as per circular dated 6th June, 1988 effective from 1.4.1987 of the university grants companymission. the date of his recruitment as a research associate and also issue a writ of mandamus directing the university and the state government to give the petitioner pay and allowances w.e.f. In March 1984, the university who was respondent in the writ petition, advertised tor recruitment of research associate in the department of History. The writ petitioner filed an application to the university demanding his post be declared to be a post of lecturer w.e.f. The respondent was appointed as research associate in January 18, 1985. 1993 in FMAT No. 418 of 1992. This appeal by special leave is directed against the judgment of the division bench of the Calcutta High Court dated 12th January. The division bench set aside the judgment of the learned single judge and granted relief to the respondent. | 0 | train | 2002_256.txt |
256 of 1970. On the 16th March 1970 Shinde sent a telegram to Justice Naik asking him to wire if 4th April was suitable at Indore. April both are suitable to you at Saugar and Bhopal. Justice Naik sent two telegrams, one on the 21st March 1970 saying that 4th is suitable at Saugar or Bhopal and another on the 27th March 1970 stating that both 4th and lath suitable at Saugar or Bhopal. On the 8th March 1970 Mr. Shinde again wrote to Justice Naik fixing the meeting on the 12th March 1970 at 10.30 a.m. at Indore and also suggested that if necessary they may meet the next day, the 22nd March 1970. The companyrespondence shows that the Chairman had written a letter on the 12th February 1970 in which , he inquired of Justice Naik whether the 7th and 8th March 1970 would suit him to meet at Bhopal to companysider the names for the panel. In fact, Justice Naik replied on the 27th February 1970 acknow ledging these letters and asking him to let him know the date of the meeting as and when fixed. Shinde had earlier written on the, 24th March 1970 to Justice Naik in which he said as follows The companytents of your telegram, were companyveyed to me on the phone today. the former Chief,Justice Shinde. The Chairman thereafter appears to have carried on a companyrespondence to fix, a companyvenient place and time for the meeting, which was ultimately fixed at Indore on the 4th of April 1970. On the 18th March 1970, he again sent a telegram to him saying Doctors Forbid travel stop wire whether 4th 11th April suitable for Indore. If it is impossible for You to companye to Indore I would request you to send me your suggestions regarding suitable names for the post of Vice Chancellor of the Saugar University by the 3rd of April. The first one was that the Chairman had at first fixed Bhopal as the venue of the meeting and secondly.that as the working Vice Chancellor of the University, the petitioner had access to all the documents relating to the meeting and his detailed reply given to the Chancellor was grounded on some of them. On the 3rd of September 1970 rule nisi was refused. He said I am in receipt of your letter dated 24th March 1970. The plane leaves Bhopal at about 9.00 a.m. and reaches Indore at about 9.30 am. The appellant, if seems, produced the companyrespondence with an affidavit on the 25th July 1970 stating that he had obtained the companyrespondence from the Chairman of the Committee. On the 1st July 1970, a Writ Petition was filed in the High Court of Madhya Pradesh and it appears that on the 3rd July 1970 the Court directed the appellant to produce the companyrespondence between the Chairman, and the members of the Selection Committee in respect of the meeting to be held to recommend the names for the appointment of a Vice Chancellor. numberinated by the Chancellor who was, also empowered to appoint one of them as Chairman of the Committee. He also wrote two letters on the 26th and 27th to Shinde. After the above Ordinances were promulgated, the Secretary to the Governor of Madhya Pradesh wrote on the 20th May 1970 to the appellant as follows The question has companye up before the Chancellor whether the meeting of the companymittee companystituted by his predecessor under section 1 3 2 9 the Act held on 4th April 1970 at Indore at which only two members out of the three were present was legal, and whether the recommendations made by the companymittee at that meeting were legally valid. It appears that under the above provisions a Committee to submit a panel of names for the appointment of a Vice Chancellor for the University was duly companystituted companysisting of two persons elected by the executive Committee of the University, namely, G. K. Shinde, Retired Chief Justice and Justice T. P. Naik of the Madhya Pradesh High Court while the third member Shri C. B. Agarwal Retired Judge of the, Allahabad High Court was numberinated by tfie Chancellor, Rajmata Vijaya Raje Scindia who also appointed K. Shinde as the Chairman of the Committee. To this letter the appellant sent a reply on the 9th June 1970 after having earlier obitained an extension of time. Later on the 20th February 1970, he wrote another letter saying that the other member was abroad, and therefore, the meeting which was proposed to be held on the 7th or 8th cannot be held and that he would let him know when a new date was fixed. After attending the meeting you can leave by plane which leaves for Bhopal at about 2.00 p.m. As far as Lunch is companycerned, if you let me know if you are vegetarian or number vegetarian, I can arrange to give you lunch at my place. It appears that 4th and 11th. I would, however, request you to make it companyonyient to attend the meeting at Indofe. On the 19th September 1970 die application for leave to appeal to the Supreme, Court was also rejected. As for my companying to Indore, I had companysidered the possibility of my going there by. the decisions taken at the meeting .were number legal. Appeal by special leave from the judgment and order dated September 3, 1970 of the Madhya Pradesh High Court in Miscellaneous Petition No. K. Daphtary, L. M. Singhvi, S. K. Mehta, K. L. Mehta and R. Nagaraja, for the appellant. As, a companysequence, the orders issued by the University office dated 14th April would have to be rescinded. The Committee to be companystituted under sub section 2 was to companysist of three persons, two of whom shall be elected by the Executive Council by single transferable vote from amongst persons number companynected with the University or a College and the third shall be. S. Khanduja, S. K. Dhingra and Promod Swaroop for res pondent No. I hope you have recovered from the effects of your illness by number. I am desired to request you to send your reply as early as possible, and at the latest within a week. 1 am sorry to numbere that you have number yet recovered from the effects of your illness. I do hope you shall soon get well. 243 of 1971. Sen and I. N. Shroff, for respondents Nos. 1, 3 and 4. In the latter order two facts had been stated which have been challenged as incorrect. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 1 | train | 1972_123.txt |
On these facts, the District Forum directed refund with interest on amounts deposited 18 p.a. The State Forum dismissed the Appeal and modified the Order of the District Forum by reducing the interest from 18 p.a to 12 p.a. It is number denied that Appellants have on 1st July, 2004 paid to Respondent a sum of Rs.4,97,736/ . On behalf of Respondent it was submitted that the Respondent is willing to return the sums of Rs.4,97,736/ and Rs.3,000/ to the Appellants and is also willing to pay the market value, as on date, of the plot of which possession is delivered to him. The Respondent paid substantial amounts but the possession was number delivered as the plot was under litigation. The Appellants have thus companyplied with the Orders directing refund of amounts deposited with interest thereon. Thus, the Respondent filed a companyplaint claiming refund of amounts paid. They have also, on 26th July, 2004, paid another sum of Rs.3,000/ to the Respondent. 93, Sector 15, Jagadhri on 23.8.1991. It further directed to pay Rs.5,000/ as companypensation on account of harassment and mental agony and awarded Rs.2,000/ as companyt of litigation. In this case, the Respondent was allotted a plot bearing No. from each date of deposit till its actual payment. The Appellants went in Revision before the National Commission. | 0 | train | 2004_996.txt |
The income tax authorities rejected this claim and taxed the surplus in each of those years as the profits and gains of the companypanys business of dealing in shares. The profit on sale of these shares did number essentially arise out of the sale of investment of any surplus funds. 3,22,221 as a result of the sales of shares and securities during the previous year and this was allowed as a business loss in the companyputation of its profits. The evidence pertaining to the financial transactions of the companypany, during the relevant accounting years, to which we have referred, clearly establishes that the realisation of profits on investment is directly referable to the carrying on of the companypanys business as financiers. In the assessment for the years 1939 40, 1940 41 and 1941 42, however, the companypany claimed that the surplus resulting from similar sales during the companyresponding account years was number taxable income as such surpluses resulted from a mere change of investments and was, therefore, a capital gain. To purchase or otherwise acquire, and to sell stock, share business companycerns and undertakings. This is an appeal from a judgment of the High Court of Judicature at Calcutta answering a question referred to it by the Income tax Appellate Tribunal under section 66 of the Indian Income tax Act, 1922. Appeal from the Judgment and Order dated the the 15th May, 1950, of the High Court of Judicature at Calcutta Harries J. and Sinha J. in its Special Jurisdiction Income tax in Income tax Reference No. K. Daphtary, Solicitor General for India G. N. Joshi, with him for the Commissioner of Income tax. The appellant is a private limited companypany incorporated in the year 1935 under the Indian Companies Act with the following objects, among others, set out in the memorandum of association To carry on and undertake any business, transaction, operation or work companymonly carried on or undertaken by bankers, capitalists, promoters, financiers, companyces sionaires, companytractors, merchants, managers, managing agents, secretaries and treasurers. To invest and deal with the moneys of the companypany number immediately required for the companypanys business upon such securities and in such manner as may from time to time be determined. C. Chattejee R. P. Khosla, with him for the appellant. 40 of 1952. The Judgment of the Court was delivered by PATANJALI SASTRI C.J. 7 of 1949. CIVIL APPELLATE JURISDICTION Civil Appeal No. September 23. | 0 | train | 1953_81.txt |
They claim seniority in the general line of Sub Inspectors of Police on reversion with effect from the date of their initial appointment into the Police Department, as Steno Sub Inspectors of Police. The seniority of the appellants in the general line of Sub Inspectors of Police, was determined by the Police Department, with effect from the date of their appointment to the general line of Sub Inspectors of Police on reversion . On 26.8.1989 and 11.6.1991, the appellants were taken on reversion to the general line of the Police Department as Sub Inspectors of Police. Each wireless centre is under the companytrol of a police officer of the rank of Superintendent of Police. The workshop is under the companytrol of an Assistant Inspector General, who is to function under the directions of an Inspector General. Therefore, whilst the appellants claim seniority in the general line of Sub Inspectors of Police with effect from the dates of their appointment into the police service, i.e., with effect from 10.4.1982/11.9.1985, the authorities have chosen to determine their seniority with effect from the dates of their appointment to the general line of Sub Inspectors of Police, i.e., with effect from 26.8.1989/11.6.1991. There is also a Statistical Section in the Police Department. Personnel of the above workshop, have the responsibility of looking after the vehicles of the Police Department. These centres carry out their activities under Directors, but in companysonance with and under the companytrol of a Deputy Inspector General of Police, from the Criminal Investigation Department. The chapter also makes a reference to the companystitution of a Dog Squad, which is placed under the charge of a police officer of the rank of Deputy Superintendent of Police, who is to work under the directions of an Inspector General and a Deputy Inspector General, of the Criminal Investigation Department. Jagdish Singh Khehar, J. Consequent upon their selection, the appellants were inducted into the Police Department of the State of Bihar, by way of direct recruitment, as Steno Sub Inspectors of Police. The chapter also provides for a separate Central Workshop of Police Transport. The Bihar Police Manual, 1978, hereinafter referred to as, the Police Manual was issued by the State Government under Sections 7 and 12 of the Police Act V, 1861. In this behalf it would be pertinent to mention, that induction into the general line of the Police Department from Steno Sub Inspectors is permissible, subject to the satisfaction of the eligibility criteria, as also, companysequent upon the selection and recommendation by the Central Selection Board. A separate section of officers officials is assigned the responsibility of Police Communications. The chapter also makes a reference to separate Finger Print and Handwriting Centres, for examination of finger prints and handwritings. This section companylects and records facts and figures companycerning police functioning, in the entire State. A challenge raised at the behest of the petitioners including the present appellants in Writ Petition S number 4272 of 2006 before the High Court of Jharkhand at Ranchi hereinafter referred to as, the High Court , seeking seniority in the general line, with effect from the date of their appointment into the police service, was dismissed by a Division Bench of the High Court, on 13.9.2007. The review petition was dismissed on 23.1.2008. These officers officials work in wireless centres, spread over the entire State. The orders dated 13.9.2007 and 23.1.2008 were assailed by the appellants by filing special leave petitions. The petitioners including the present appellants sought a review of the order dated 13.9.2007, by filing Civil Review number 80 of 2007. Appellant number 1 Kumod Kumar was appointed as such on 10.4.1982. Appellant number 2 Ramesh Kumar was appointed on 11.9.1985, and he joined as such on 16.9.1985. He joined his duties on 13.4.1982. An answer to the aforesaid query, would make a substantial headway, to the determination of the issue in hand. This determination is number acceptable to the appellants. Leave was granted on 28.8.2009, giving rise to the present civil appeals. | 0 | train | 2014_730.txt |
Thereafter, PW 1, PW 2, Murugesan and the wife of the deceased took the deceased to the Government Hospital at Kulachal. On that score, there had been enmity between the deceased and the accused. The deceased sustained injuries and there was profuse bleeding. The accused used to tease girls working in the factory of the deceased. The aforementioned persons thereafter took the deceased to Nagercoil and at the Government Hospital, Kottar, the deceased was treated by Doctor Rani Fnoch PW 6 . When the deceased objected to the same, there was some misunderstanding and at the time of occurrence when the deceased was companying by bicycle, the accused rushed towards him and attacked him resulting the fatal injury. After giving first aid to the deceased, the doctors in the said hospital advised to take the deceased to Nagercoil for further treatment. The accused rushed to the deceased saying you die, old man and hit him with a stick M.O.1 on his head. When the eye witnesses rushed to help the deceased, the accused ran away. The accused used to make fun of the girls workers outside the factory and this was objected to by the deceased several times. At about 8.30 p.m. on 1.5.1990, PW 1, PW 2 and one Murugesan were standing in front of Bensam Ground, south of Kulachal Nagercoil Mail Road. Assistant Surgeon, Government Hospital PW 7 treated the deceased who breathed his last at about 1.25 a.m. on 2.5.1990. The doctor found several injuries. Injuries 1 and 2 as numbericed were abrasions but the fatal injury i.e. PW 1, PW 2 and Murgesan immediately went near him and when the accused saw them companying near ran towards west, leaving the weapon viz.,
M.O.1 stick. The accused pleaded innocence. At that time, the deceased, who came in a bicycle proceeding from east to west, took a turn towards south. The accused was sitting on the eastern side of a culvert. PW 1 narrated the incident to the Head Constable PW 10 at the police station who recorded the first information report Ex. Background facts as unfolded during trial by the prosecution are essentially as follows One Selvamani Nadar hereinafter referred to as the deceased was having industry and he employed a number of girls. The doctor opined that the injury was sufficient in ordinary companyrse of nature to cause death. On postmortem 6 injuries were numbericed, out of which 3 were external and the rest were internal. injury No.3 was stated to be 4 linear oblique sutured wound over the right parietal scalp. On 4.5.1990 the accused was arrested and after companypletion of investigation the charge sheet was placed. On receiving information about the death the case which was originally registered under Sections 307, 323 and 341 IPC was registered under Section 302 IPC, and necessary information was sent to the Court of Judicial Magistrate. Only one blow with a small stick was given. Placing reliance on the evidence and companysidering the entire material on record the trial Court found the accused guilty and companyvicted as aforesaid. Same was dispatched to the Court of Judicial Magistrate. There was a tube light burning and hence there was enough light at that place. 1, 2 and 3 were companyent and credible. The Trial Court found that the evidence of eye witnesses PWs. Appellant calls in question legality of the judgment rendered by a Division Bench of the Madras High Court companyfirming his companyviction for offence punishable under Section 302 of the Indian Penal Code, 1860 in short IPC , and sentence of imprisonment for life as awarded by the learned Sessions Judge, Kanyakumari. Arijit Pasayat, J. P 11 . Leave granted. | 1 | train | 2004_735.txt |
Charge under Section 302 IPC was framed against accused Dipak Haldar for causing the death of the victim Rimu. Respondent No.1 Dipak Halder was married to one Rimu hereinafter referred to as the deceased . On that occasion, the victim Rimu with her husband Dipak stayed for 3 weeks in the house of Bimalendu Ganguly P.W.1 , the father of the victim. After 3 weeks Rimu was taken back to her in laws place by her husband. It is alleged that after the marriage Rimu was physically tortured and she was often denied food. Rimu was taken to the hospital by the local people in the car of Mrs. Binita Dhar. Half an hour after that some young boys of the locality came running and reported that Rimu had been burnt. He also placed reliance on the evidence of Rita Bose PW 27 , a resident of Nazir Bagan who met victim Rimu in the morning of 25.10.1987 at the sweet meat shop where Rimu reported to her that she made a companytribution of Rs.100/ without the knowledge of her husband for which she might punished. Even the quarrel was going on immediately before the fire, iii the doors and windows of the house were closed at the time of the fire, iv the post mortem report suggested that Rimu had been assaulted previous to the fire, v deceased Rimu tried to save herself from the hands of the accused Dipak and for the reason came out of the house and took shelter in the house of Tejender Narayan Bose vi there was numberevidence that accused Dipak tried to save deceased deceased Rimu or raised any alarm, vii when the neighbours to put off the fire accused Dipak was seen hurling abuses to the deceased and her parents. Alleging that deceased Rimu was killed by respondent No.1 and that she was tortured, for number fulfillment of dowry on demand, prosecution was launched. In spite of request, her husband Dipak refused to accompany the victim when she was taken to the hospital. Due to number payment of dowry money of Rs.10,000/ , the bride Rimu had to face ill treatment and torture at the hands of her husband Dipak, her mother in law Dipali and also her brother in law Pradip. It was reported by the maid servant that both the victim and her husband were quarrelling with each other. Regarding the charge of murder against the principal accused Dipak Halder, the learned Judge first of all relied on the background of the incident, as revealed through the evidence of the prosecution witnesses that in the morning of 25.10.1987, the deceased Rimu paid Rs.100/ towards the companyt of Bhaiphota by going to her fathers house without the companysent of her husband. Even at that time she was abused and insulted by her husband Dipak before the local people. The learned Judge also companysidered the statement made by the accused Dipak on being examined under Section 313 Cr. Considering all these came to a final companyclusion that charge under Section 302 levelled against the principal accused Dipak had been proved beyond doubt. Besides, he heavily relied on a D. Entry Ext.30 stated to the lodged by the accused Dipak Halder and also Ext.4 a companynter part of pay in slip of Indian Bank which the learned Judge in the judgment has described as bank draft. Regarding the offence punishable under Section 498A IPC, the learned Judge relied on the evidence of the parents and brother of the victim who have been examined as PWs. He also relied on the evidence of Soma Ganguly PW.4 , the sister of the deceased and Dipti Dutta Roy PW 19 a resident of Nazir Began and a close neighbour of the place where the deceased used to reside with her husband before her death. The ill treatment and torture, within a short time of marriage companypelled the victim girl to return to her fathers place along with her husband. On the next day, the victim succumbed to her injuries. The matter reached its climax on 25th October, 1987 when the victim wanted money for Bhratri Ditia. For this purpose, he has placed his reliance on the evidence of her parents and brother and sisters and also on the evidence of the maid servant of the house Shibani Shee PW7 . The learned Sessions Judge indicated that there were as many as 6 witnesses who were relatives of the deceased, there were 14 witnesses whom the learned Judge described as eye witnesses of the incident, besides 6 seizures list witnesses, 4 medical and scientific witnesses and 8 police witnesses. Coupled with this, the learned Judge also companysidered some other circumstances like i the wearing apparels of the victim companytained smell of kerosene oil and the stove of the house did number burst, ii there was quarrel between the companyple in the night previous to the incident. It is to be numbered that in the meantime, accused No.3, Smt. The trial proceeded when the accused pleaded number guilty to such charge. admitting that often he created pressure upon the deceased for companyking various items of food. All the three accused were also charged under Section 498 A read with Section 34 IPC. In order to bring home the charge, the prosecution in all examined 46 witnesses. He, however, held that charge under Section 498A stood proved against all the three accused and passed the order of companyviction and sentence. Challenge in this appeal is to the judgment of a Division Bench of the Calcutta High Court directing acquittal of the three appellants before it who are described hereinafter as accused number 1, 2 and 3 respectively. An appeal was preferred by the respondents herein questioning companyrectness of the judgment of the trial Court holding accused persons guilty. Although the other articles which he agreed to give by way of marriage gift were duly given. Getting this information, the wife of the informant rushed to the spot. Dr. ARIJIT PASAYAT, J. By the impugned judgment, the High Court accepted the appeal and directed acquittal. 1 to 3. P.C. The same is in challenge by the State in the present appeal. | 1 | train | 2009_1776.txt |
The matter was remanded by the Mahakma Khas to the Registrar with a direction that Mansaram be recalled and the question whether the deed should be registered decided afresh. Earlier, Mansaram had allegedly executed another deed of adoption in favour of the appellant Madan Lal but the Registrar refused to register that deed by his order Exhibit 2 dated January 29, 1940 on the ground that Mansaram, who presented the deed for registration, appeared to him to be a lunatic. A deed of adoption is alleged to have been executed by one Mansaram on August 10, 1944, stating that he had adopted the appellant, Madan Lal. The Registrar thereupon examined Mansaram and passed an order Exhibit 3 dated July 14, 1940, stating that Mansaram, numberdoubt, appeared to be a little better but that, while at one time he talked like a same man, he would, on occasions, fall into a reverie and was companypletely lost to the world. The Registrar numbered that Mansaram was unable to understand the simplest questions put to him, that he took an unreasonably long time to answer those questions and gave wholly incorrect answers to elementary questions like whom he had adopted and whether he himself was married or unmarried. The learned Judge formed the impression, which he recorded in the proceedings, that Mansaram was tutored to make certain statements on the questions arising in the suit and that he looked like a frightened animal. In the circumstances, the Joint Kotwal passed an order on January 4, 1944 which was the only order to pass that he had numberhesitation in holding that Mansaram was number of sound mind and was incapable of protecting his interest in the suit. The Registrar, therefore, reaffirmed his pre remand view and refused to register the deed. A suit was then brought by the appellant on September 11, 1940 for the companypulsory registration of the aforesaid deed of adoption. A suit to challenge that deed was dismissed by the trial Court. 569/65. M. Jain, S. K. Jain and Indira Makwana for the Appellant. K. Garg, V. J. Francis and Sushil K. Jain for the Respondent. 2 , in which the suit was filed, was, companycededly, a regular Civil Court of companypetent jurisdiction at the relevant time. That statement is at Exhibit 5. 569 of 1965, a learned single Judge of the Rajasthan High Court set aside the judgment of the Courts below and decreed the suit. The High Court was, therefore, justified in reappreciating the evidence and in companying to its own independent companyclusion on the basis of that evidence. Civil Regular Second Appeal No. 219 of 1970. The Judgment of the Court was delivered by CHANDRACHUD, C.J. The learned District Judge, Jodhpur, companyfirmed the judgment of the trial Court but in second appeal No. By this appeal by special leave, the defendant questions the companyrectness of the High Courts judgment dated April 30, 1969. Appeal by Special Leave from the Judgment and Decree dated 30 4 1969 of the Rajasthan High Court in S. B. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1980_267.txt |
WUSI Revised daily Min. WSI Revised daily Min. WSSI Revised daily Min. WSSO 8.50 Daily Minimum wage in force on the date of Tender for semiskilled labour . WUSO 5.65 Daily Minimum wage in force on the date of Tender for unskilled labour . after 22.10.1980 under the Min. WSO 11.15 Daily Minimum wage in force on the date of Tender for skilled labour . Wages of labour numberified by the Government of A.P. for semiskilled labour applicable for the period under review. The main criticism levelled by the Government against this award is that there was numberprovision in the companytract for escalation of the companyt or price of napa slabs. There was numberescalation provision in the companytract as far as napa slabs were companycerned. for unskilled labour applicable for the period under review. wage as fixed by Govt. Wages as fixed by Government of A.P. Both the parties to the companytract were bound by that price and the arbitrator, therefore, had numberjurisdiction to award any escalation in the price of napa slabs. P. for skilled labour applicable for the period under review. I hereby declare and award and direct the Respondents that due to the statutory revision of Minimum rates of wages payable to various categories of workers, the claimant is to be paid companypensation as per the following formula P1 WSI WSO 0.10 WSSI WSSO 0.10 WUSI WUSO 0.8 V2 X R 100 WSO WSSO WUSO Where Vs Compensation payable due to statutory increase in Min. The price for these slabs had been determined in the companytract at Rs. of napa slab lining, under item 11 of schedule A of the agreement for the entire work and make payments accordingly. of A.P. The other set of claims relate respectively to Labour Escalation Refund of excess Hire Charges of Machinery and Stand companyveyance. The first set of claims respectively, are Escalation on Napa Slabs Payment of Extra Lead for water and, Extra Expenditure incurred due to flattening of canal slopes and companysequent reduction in top width of banks used as roadway. Wages Act.,
Percentage Labour companyponent of each item of Work as per Appendix 9 at page 139 of Agreement. 338 339 of 1991. The escalation provision in the companytract related to labour, diesel oil, tyres and tubes, as provided in Item 35 thereof. and there was numberprovision for increase or decrease of that price. 7071 72 of 1986. 338 339 of 1991 arising from S.L.P. III, Vi and IX and affirmed the decree for the other claims. 7071 7072 of 1986 are by the Government of Andhra Pradesh and they are against the judgment of the High Court companyfirming the decree of the Civil Court in respect of Claim Nos. III, he says I hereby declare and award and direct the respondent to companypensate the claimants towards escalation in the companyt of napaslabs calculated at Rs.4.25 Rupees four and paise twenty five per Sq. R Value of work done under each item of work during the period under review. 2692 930F 1991. C Nos. The High Court set aside the decree in respect of Claim Nos. 4.25 Per Sq. 49 of 1983 whereby he made the award of the umpire hereinafter referred to as the umpire or arbitrator a rule of companyrt and passed a decree in terms of the award together with interest on the principal amount awarded at the rate of 12 per cent per annum from the date of the decree. III, VI and IX. 1573 1574 of 1986 are by the Associated Engineering Co. hereinafter referred to as the Contractor . WITH Civil Appeal Nos. As regards Claim No. The umpire after reciting the background of the dispute which led to his entering upon reference on 16.12.82 to decide the dispute and the relevant agreement between the parties deals with the claims seriatim. It challenges the judgment of the High Court setting aside the decree of the Civil Court in respect of Claim Nos. II, IV and VII 4 which were awarded by the umpire and decreed by the Civil Court as well as by the High Court. Any other haul roads required by the Contractor and number specified in plan shall be carried out by the Contractor at his companyt. The main appeal Nos. The other appeals arising from L.P. C Nos. 456 of 1984 and CRP No. 2743 of 1984. II, IV and VII 4 . CIVIL APPELLATE JURISDICTION Civil Appeal Nos. Chari N.P. Madhava Reddy, G. Prabhakar, T.V.S.N. From the Judgment and Order dated 28.12.85 of the Hyderabad High Court in OMA No. These appeals are brought against the companymon judgment of the Andhra Pradesh High Court in O.M.A. The Judgment of the Court was delivered by THOMMEN. This companytention of the Government was accepted by the High Court. Leave granted in S.L.P. R. Choudhary for the Appellant. for the Respondents. J. No. | 0 | train | 1991_199.txt |
The order of detention was passed on 25.3.1994 and the period of detention was for a period of one year which is long over but the detenu pursues his right of challenging the order of detention as a proceeding under Smugglers and Foreign Exchange Manipulators Act SAFEMA has been initiated by the Appropriate Authority. The appellant was released on 24.3.95 after expiry of the period of one year of detention. It was companytended that the grounds of detention having been served on the appellant on 30.3.94 though the order of detention was served on 25.3.94, there has been an infraction of Sub section 3 of Section 3 of the Act and, therefore, the detention got vitiated. The appropriate government thereafter companyfirmed the detention and after expiry of period of one year the detenu has been released but the detenu appellant filed a Habeas Corpus Petition in the High Court challenging the legality of the order of detention. The detaining authority being of the opinion that the detention of the appellant is necessary with a view to preventing him from acting in any manner prejudicial to the companyservation of foreign exchange, issued the order of detention on 25.3.94 and was served on the detenu on the same day. But the grounds of detention was served on the appellant on 30th March, 1994. In accordance with the provisions of the Act his case was forwarded to the Advisory Board and the Advisory Board on companysideration of the materials placed before it, gave its opinion that there is sufficient cause for the detention of the detenu. June, 94 was disposed of on 6.5.95 and thus there has been companysiderable delay in disposing of the Representation and such delay in disposal vitiates the order of detention. Secondly, it was urged that though the representation was made to the Advisory Board and it had number been indicated that the Central Government should also companysider the same, yet the Central Government was duty bound to companysider the said Representation of the appellant addressed to the Advisory Board and such number consideration infringes the right of the appellant under Article 22 5 of the Constitution and the order of detention is vitiated on that score. Thirdly, it was urged that the Representation that was addressed to the Central Government on 20th. The appellant challenges the legality of his order of detention passed under Section 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for short COFEPOSA as well as the order of the Division Bench of Delhi High Court dismissing the appellants Writ Petition filed for issuance of a Writ of Habeas Corpus. The appellant was apprehended at Indira Gandhi International Airport, New Delhi while he was leaving for Kualalumpur Singapore and on search, US dollars amounting to 1.39 lakhs in Indian currency were recovered. Further his brother who was also going with him, from his person, foreign currency equivalent to 5.34 lakhs of rupees was recovered. By way of an additional application the detenu also urged additional grounds and the High Court ultimately by the impugned judgment dated 15.2.1995 dismissed the Writ Petition filed by the appellant. Though the Special Leave Petition was filed in this Court after the expiry of the period of limitation but the Court companydoned the delay and granted leave, and thus, the present Appeal. From the impugned judgment of the High Court it transpires that the appellant raised three companytentions all of which were answered against the appellant. B. Pattanaik, J. | 0 | train | 1999_317.txt |
Madhava Ramanuja Mudaliar died issueless and was survived by his widow, his widowed mother, his sister Andalammal and the respondent and his sister Apurupammal who are the children of Ammakannu Ammal the second sister of Madhava Ramanuja Mudaliar, and Ethirajammal the daughter of the third sister of Madhava Ramanuja Mudaliar. This appeal arises out of a suit filed by the respondent M. Raghava Mudaliar who claims to be the reversioner of Madhava Ramanuja Mudaliar. Sub sequently the said Manickammal and Rengammal, the widowed mother of the deceased Madhava Ramanuja Mudaliar alienated the properties without any legal necessity. 4 were agreed to be given to the maternal uncle of the deceases Madhava Ramanuja Mudaliar, whereas the moveables which were shown as Serial No. In his suit the respondent alleges that after the death of Madhava Ramanuja Mudaliar which took place on March 22, 1893, his property came into the possession of his widow Manickammal. To his suit the respondent impleaded the appellant Andalammal, Krishnasami Mudaliar, son of the said Apurupammal defendant 1 and Susila Bai Ammal daughter of Ethirajammal as defendants 2 to 4. 3 were agreed to be sold, and it was settled that out of the sale proceeds the debts of the deceased Madhava Ramanuja Mudaliar and his father should be discharged expenses incurred in obtaining the letters of administration should then be deducted along with the expenses of sale, and the balance should be divided equally between the two widows subject to a payment of Rs. 1 which was a house in three blocks was divided between the respondent and his sister Apurupammal who were to take one share Ethirajammal who was to take another share and Andalammal who was to take the third share. On the death of the widow Manickammal reversion fell open and that has given a cause of action to the respondent for his present suit. Manickammal died on October 18, 1941, whereas Rengammal died in June, 1921. 5 had to be divided half and half between the two widows. 126 and 127 which were shown as Serial No. The two cawnies of lands which were Serial No. After her husbands death Manickammal obtained letters of administration to his estate from the High Court at Madras. 62, which, was Serial No. This settlement set out the properties companyered by it as Serial Nos. Keshva Aiyangar and M. S. K. Aiyangar, for the appellant. It appears that the relations of the widow with her mother in law were embittered, and that led to disputes between them. These disputes were settled by the two widows in pursuance of the advice of certain arbitrators who mediated between them. The Udayavar Temple by the sole trustee Bysani Krishnaiah Chetty was joined as defendant 5. To this suit the respondent was impleaded as defendant 7. 204/1956. 13/1948. 1,000/ to the mother in law in lieu of her jewels. The respondents suit was accordingly directed to go before the Official Referee for ascertainment of mesne profits claimed by him. V. Viswanatha Sastri and Naunit Lal, for .respondent No. The settlement thus reached was recorded in writing on May 27, 1893 Ex. According to the respondent the said alienation was number binding on him and so he was entitled to recover possession of the said property free of any encumbrance or charge. K. B. Naidu, for respondent No. As a result of these findings the respondents appeal was allowed, the decree passed by the trial companyrt was set aside, and the claim for possession made by the respondent was decreed. 2, and houses and shops Nos. Appeal from the judgment and decree dated February 23, 1951, of the Madras High Court in O. S. Appeal No. Item No. The Judgment of the Court was delivered by GAJENDRAGADKAR, J. January 27. 1 to 5. It is against this decree that the appellant has companye to this Court in appeal. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1961_100.txt |
The Ujjain Municipal Corporation was number made a party and had numberopportunity to represent their stand on the change in the layout plan. Further, Ujjain Municipal Corporation was number heard and had numberopportunity to represent the case as to the change in the layout plan. The appellant board had developed the companyony Indira Nagar over an area of 32 hectares in Ujjain, as per the layout plan sanctioned by the TCP on 11th September 1981. C No.26834 of 2017 Page 1 of 13 Vijay Bodana and Ravindra Bhati, by quashing and setting aside the order dated 12th May 2008 of the Commissioner, Ujjain and the order dated 24th September 2008 of the Deputy Director, Town and Country Planning, Ujjain for short TCP approving the change in the layout plan of Indira Nagar, Ujjain. The appellant board as permitted had filed the revision application on which the Commissioner, Ujjain vide order dated 12th May 2008 had asked the Deputy Director, TCP to companysider the request for modification of the layout plan. C No.26834 of 2017 Page 2 of 13 order dated 28th September 2006 clarified the legal position that the appellant board had number asked for a change in land use and had asked for a modification of the layout plan approved by the TCP which was permissible under the provisions of the Adhiniyam. Pursuant to this order, the Deputy Director, TCP approved the modified layout plan vide order dated 24th September 2008. After the companyony had been in existence for about 23 years, in 2004 the appellant board had made an application for changing the land use of 1.52 hectares earmarked for companymercial shopping companyplex in the original layout plan to residential accommodation. Thereupon, the Commissioner, Ujjain vide order 12th May 2008 had directed the Deputy Director, TCP to re examine the request for modification and pass appropriate orders. C No.26834 of 2017 Page 10 of 13 resulted in change in position as third party rights had been created. C No.26834 of 2017 Page 9 of 13 shops had already companye up in the residential area. The appellant board, it was directed, companyld submit the proposal for modification before the Commissioner, Ujjain for reconsideration. The land in question, it was directed, would be used as per the original layout plan. On facts and justification for change of land use from companymercial to residential, the impugned judgment ignores and glances over the earlier position that the area was earmarked for development and for companystruction of a shopping companyplex with 131 shops and number earmarked as an open area, park or playground. It numberices the companytention of the appellant board that as per Rule 49 of the Madhya Pradesh Bhumi Vikas Rules, 1984, the area required to be earmarked for companymercial purposes is 0.4 hectares whereas the area reserved in the original layout plan was 1.52 hectares. It is an undisputed position that the State Government vide order dated 28th September 2006, while partly allowing the revision petition, had directed the appellant board to file a revision application before the Commissioner, Ujjain observing that the application moved by the appellant board was number for a change in land use but for a change in the approved plan. It is an undisputed position the land earmarked for the shopping companyplex had number found demand and takers despite efforts. However, the request for amendment was rejected by the Deputy Director, TCP vide order dated 27.12.2004 and the appeal under Section 31 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 for short, the Adhiniyam before the Commissioner, Ujjain was also dismissed vide order dated 25th July 2005. Therefore, the developer cannot be permitted to change the status of land to deceive the allottees. First appellant, Madhya Pradesh Housing and Infrastructure Development Board, is a statutory board established under the Madhya Pradesh Housing and Infrastructure Development Board Act, 1972 for the purpose of taking measures to deal with and for satisfying the need of housing accommodation in the State of Madhya Pradesh and matters companynected therewith. C No.26834 of 2017 Page 3 of 13 extra higher charges at the time of purchase with an expectation to avail and enjoy the advantages of such amenities. Developers like the appellant board charge extra money for plots at preferential locations adjacent to or facing public amenities such as parks, roads, water body, shopping companyplex, etc. The impugned judgment allows the writ petition, which was preferred by the first and second respondents after nearly seven years in 2015, inter alia holding that the Adhiniyam stands enacted with the object to prevent unplanned and haphazard development and that layout plans for residential schemes are prepared to provide for open spaces for various purposes like roads, gardens, playgrounds and facilities like schools, hospitals, companymunity centres, shopping companyplex etc. We have highlighted these aspects and facts which are vastly distinct, for the companyrts numbermally frown upon, adversely companyment and do strike down changes in the land use from residential to companymercial or industrial use for obvious reasons. If required and felt necessary, the High Court companyld have issued numberice to the Ujjain Municipal Corporation and obtained their opinion. On the revision petition under Section 32 of the Adhiniyam, the State Government vide Civil Appeal arising out of S.L.P. As per the appellant board, companystruction of 131 shops would have caused companygestion and would have adversely impacted the density of people living and using the area. The writ petition challenging the orders dated 12 th May 2008 and 24th September 2008 was filed in 2015, nearly seven years after the approval for modification was granted. Stand of the State Government of Madhya Pradesh 2006 4 SCC 322. Considerable delay and laches of nearly seven years in approaching the companyrt had Civil Appeal arising out of S.L.P. The area was lying idle for more than 20 years, albeit more than 150 Civil Appeal arising out of S.L.P. While the High Court has numbericed and recorded these facts, it has failed to give due credence to the delay, the change in position and creation of third party rights by wrongly applying the principle of promissory estoppel and lis pendens. This is a highly companyplex exercise undertaken by experts on the basis of study, experience and scientific research, which has to be given due reverence. Signature Not Verified Digitally signed by GEETA AHUJA Impugned judgment dated 26th July 2017 by the Indore Bench of Date 2020.03.04 170419 IST Reason the High Court of Madhya Pradesh allows Writ Petition No. v. Nandlal Jaiswal that the High Court in exercise of its discretion does number ordinarily assist the tardy and the indolent or the acquiescent and the lethargic. The allottees accordingly pay Civil Appeal arising out of S.L.P. 7666 of 2015 preferred by the first and second respondents before us, Civil Appeal arising out of S.L.P. In the meanwhile, 42 out of 52 plots had been sold to third parties for companysideration. In Karnataka Power Corporation Ltd. and Another v. K. Thangappan and Another,3 this Court, after citing State of P. and Others v. Nandlal Jaiswal and Others,4 had observed It was stated in State of M.P. The lease deeds executed by the appellant board in favour of third party purchasers were declared null and void and number to be acted upon. Urban planning often reconciles varied companycerns and interests, both public and private, and thus ensures better living companyditions. In view of delay and laches, the High Court should number have entertained the writ petition as 42 plot owners who had paid money would suffer adverse companysequences for numberfault of theirs. The impugned judgment numberices that many of these bonafide owner purchasers had companypleted the companystruction and some houses were in advanced stages of companystruction. Innocent plot owners on whom the brunt had fallen were number even heard before they were deprived and denied their rights by the adverse order. SANJIV KHANNA, J. Leave granted. | 1 | train | 2020_209.txt |
C. Lahoti, J. I am in respectful agreement with the order proposed by my learned brother N. Santosh Hegde, J. and place on record my companycurrence with the reasoning and companyclusion arrived at by him. | 0 | train | 2001_525.txt |
It was held that the defendants admit that at some point prior to the filing of the present suit the sherry portion was in the occupation of the deceased defendant. The Appellate Court numbericed that in the suit filed by the defendants against the plaintiff, the defendants have specifically companye out with the case that the dispute between the deceased defendant and the plaintiff with regard to the alleged Sherry premises, was settled and an affidavit to this effect dated 16.03.01 was executed by the defendant. It was numbered that admittedly the plaintiff has numberdocumentary evidence to prove that the defendants had encroached and occupied the sherry portion of the suit property. It was after the said injunction order that the defendants had demolished the wall in the sherry and companystructed a door. Suspecting some foul play, the plaintiff entered the sherry to find that the defendant had placed his items over there and removed the drainage companyer which was there in the Sherry. Plaintiff claims that somewhere in January 2000, the defendant had requested the plaintiff to give keys of the two doors to clean the Sherry portion. The plaintiff then requested the defendant to remove those articles but the request of the plaintiff was number heeded. Thereafter, the plaintiff had demolished a wall that was there in the Sherry and put up a new door. It was held that at the time of filing of the present suit, as per evidence on record, the defendants were in unlawful occupation of the sherry portion of the suit property, which was admittedly number let out. As regards the suit filed by the appellants father it was submitted that the same was settled outside the companyrt with the understanding that the defendant would withdraw his suit, whereas the plaintiff will withdraw his suit simultaneously. As such the occupation of the deceased defendant over the said portion was unlawful as he had numberright to occupy the same. The defendant appellants father is said to have filed a suit for relief of declaration as tenant in the premises and to further restrain the landlord from interfering in the tenanted premises. As regards the settlement outside companyrt it was held that the affidavit, Exhibit E, relied on by the defendants merely speaks of withdrawal of the suit of defendants and settlement of dispute. The result of this was nuisance and annoyance to the plaintiff as well as to other occupants of the suit property and this testimony has also number been challenged. There is numbermention about the present suit being settled. As such it was for the defendants to explain how they were occupying the said premises, to which there has been numberreasonable explanation offered. This has to be read in the light of the fact that the aforesaid portion was never let out to the deceased defendant. The facts of the case are that the respondent plaintiff filed a suit for eviction on the grounds of breach of terms of tenancy, damage to the property as well as causing nuisance and annoyance to the plaintiff and the other occupants. As per the plaintiff the original defendant was the tenant in respect of Room No.3 hereinafter as suit premises and was paying monthly rent of Rs.20/ including the water charges and excluding the electricity charges. In the said suit injunction was granted. As such it was held that the companyduct of the defendants resulted in unhygienic companyditions as it was impossible to clean the drains. The learned Court of Small Causes at Mumbai, Bandra Branch vide its judgment dated 30.10.07 decreed the suit of the plaintiff respondent and directed the defendantS to hand over the vacant and peaceful possession of the suit premises to the plaintiff within a period of four months from the date of the order. But the said keys were number returned even after 2 3 days and the plaintiff became suspicious and requested the defendant for returning the keys, but in vain. They made a claim that the space measuring about 10x4 abutting the entrance door of suit premises was in their exclusive use. The case of the plaintiff is that only the suit premises was let out though the original tenant was allowed to use a companyered space of 10x 4, but the same was for companymon usage and for access to W.C and water tap along with the other tenants. On behalf of the defendants there was numberwhisper or challenge to the entire testimony on this point anywhere in the cross examination. The original defendant expired during the pendency of the suit and his LRs were brought on record and they, in their written statement, admitted the relationship between the parties, but they denied all the allegations against them. The Appellate Court thought it would be just and proper to take on record the certified companyy of the order of dismissal of suit filed by the defendants dated 03.03.07 under provisions of Order 41 Rule 27 CPC. An affidavit dated 16.03.01 was filed to that effect. This appeal has been filed by the original defendant challenging the judgment and order dated 09.02.2009 of the Bombay High Court rendered in the Writ Petition filed under Article 226 of the Constitution of India. Further reference was made to the suit filed by the appellants father wherein an injunction order was passed in his favour. The Appellate Court set aside the finding of the trial Court on this ground only but companyfirmed the finding on other grounds of eviction. The trial Courts judgment was companyfirmed on the ground of causing waste and damage as companytemplated under Section 16 1 a of the Maharashtra Rent Control Act, but the findings of the trial Court on the ground of nuisance and annoyance were set aside. If the findings have number been companycurrent, the High Court might have interfered. It did number pass any order on the writ petition, inter alia, on the ground that there are companycurrent findings of fact. The High Court dismissed the writ petition in view of companycurrent finding of two lower companyrts and High Court thought that numberinterference in exercise of its writ jurisdiction is warranted. The facts of the case have been discussed in detail in order to show that in a pure dispute of landlord and tenant between private parties, a writ petition was entertained by the High Court. They had also removed chamber companyers and replaced it with tiles. The appellants then moved to the High Court with a prayer to issue a writ of certiorari and or any other writ, order or companymand and call for the papers and proceedings from the lower companyrts. The First Appellate Court vide its order dated 11.09.08 partly allowed the appeal. A police companyplaint was made with regard to the unauthorized possession but numberhing happened. GANGULY, J. An appeal was filed against this order. Leave granted. | 0 | train | 2010_405.txt |
22010 22012 of 2011. Pursuant to the judgment dated 17.08.2011, the Division Bench companystituted by the Chief Justice of the High Court quashed the appointment of Mr. Harish Dhanda as Chairman of the Punjab Public Service Commission and disposed of the writ petition of respondent No.1 in terms of the judgment of the Full Bench. Facts The relevant facts very briefly are that by numberification dated 07.07.2011, the State Government of Punjab appointed Mr. Harish Dhanda as the Chairman of the Punjab Public Service Commission. What was the reference made by the Division Bench to the Full Bench and did that Bench frame additional questions? Dhanda have filed these appeals against the judgment and orders dated 17.08.2011 of the Full Bench and the Division Bench of the High Court. Pursuant to the order dated 13.07.2011 of the Division Bench, the Chief Justice of the High Court companystituted a Full Bench. On 19.07.2011, the Full Bench of the High Court passed an order calling for certain information from the State Government of Punjab and the Punjab Public Service Commission on the number of posts filled up by the Public Service Commission in the last five years, the number of posts taken out from the purview of the Public Service Commission in the last five years and regulations, if any, framed by the State Government. Aggrieved by the order dated 13.07.2011 of the Division Bench of the High Court and the orders dated 19.07.2011 and 01.08.2011 of the Full Bench of the High Court, the State of Punjab filed Special Leave Petitions Nos.22010 22012 of 2011 before this Court. Aggrieved, the State of Punjab, State of Haryana and Mr. H.R. The respondent No.1 also prayed for a direction restraining the State Government from appointing Mr. Harish Dhanda as the Chairman of the Punjab Public Service Commission in view of the fact that his appointment does number fall within the parameters of integrity, impartiality and independence as reiterated time and again by this Court. By the order dated 17.08.2011, the Full Bench of the High Court also ordered that the writ petition be listed before the Division Bench to be companystituted by the Chief Justice of the High Court. The Chief Secretary of the State of Punjab produced the original files companytaining the advice of the Chief Minister to the Governor of Punjab and after seeing the original files, the Full Bench of the High Court returned the same and reserved the matter for judgment. Thereafter, the Full Bench of the High Court delivered the judgment and order dated 17.08.2011 directing that till such time a fair, rational, objective and transparent policy to meet the mandate of Article 14 is made, both the State of Haryana and the State of Punjab shall follow the procedure detailed hereunder as part of the decision making process for appointment as Members and Chairman of the Public Service Commission There shall be Search Committee companystituted under the Chairmanship of the Chief Secretary of the respective State Governments. On 10.07.2011, the respondent No.1 who was an Advocate practicing at the Punjab and Haryana High Court, Chandigarh, filed a public interest litigation under Article 226 of the Constitution Writ Petition No.11846 of 2011 praying for a mandamus directing the State Government to frame regulations governing the companyditions of service and appointment of the Chairman and or the Members of the Public Service Commission as envisaged in Article 318 of the Constitution of India. In these appeals against the judgment and orders of the Punjab and Haryana High Court, a very important question of law arises for our decision whether the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution can lay down the procedure for the selection and appointment of the Chairman of the State Public Service Commission and quash his appointment in appropriate cases. The Division Bench of the High Court, after hearing the learned companynsel for the writ petitioner and the learned Additional Advocate General for the State of Punjab, passed an order on 13.07.2011 holding that even though Article 316 of the Constitution does number prescribe any particular procedure for appointment of Chairman of the Public Service Commission, having regard to the purpose and nature of the appointment, it cannot be assumed that the power of appointment need number be regulated by any procedure. Accordingly, the Full Bench of the High Court heard the matters on 08.08.2011 and directed the Chief Secretary of the State of Punjab to remain present at 2.00 P.M. along with the relevant files which companytain the advice of the Chief Minister to the Government. Relying on the judgments of this Court in the case of In R O Dr. Ram Ashray Yadav, Chairman, Bihar Public Service Commission 2000 4 SCC 309, Ram Kumar Kashyap and another vs. Union of India and another AIR 2010 SC 1151 and In re Mehar Singh Singh Saini, Chairman, HPSC and others 2010 13 SCC 586, the Division Bench held that it is number disputed that the persons to be appointed as Chairman and Members of the Public Service Commission must have companypetence and integrity. The Division Bench further observed that these questions need to be companysidered by a Bench of three Judges and referred the matter to the Bench of three Judges of the High Court. On 01.08.2011, the Full Bench of the High Court also passed orders requiring the Union of India to furnish information on three questions 1 Whether there were any criteria or guidelines to empanel a candidate for companysideration for appointment as a Member of the Union India Public Service Commission 2 Which authority or officer prepares such panel and 3 What methodology is kept in view by the authority while preparing the panel. The Search Committee shall companysist of at least three members. Such panel prepared by the Search Committee shall be companysidered by a High Powered Committee companysisting of Honble Chief Minister, Speaker of Assembly and Leader of Opposition. number below the rank of Financial Commissioner and the third member can be serving or retired Bureaucrat number below the rank of Financial Commissioner, or member of the Armed Forces number below the rank of Brigadier or of equivalent rank. The Search Committee shall prepare panel of suitable candidates equal to the three times the number of vacancies. 22010 22012 OF 2011 J U D G M E N T Madan B. Lokur, J. One of the members shall be serving Principal Secretary i.e. Later, since his appointment was quashed by the High Court, the question of his taking the oaths as above did number arise. On 05.08.2011, this Court, while issuing numberice in the Special Leave Petitions, made it clear that issuance of numberice in the Special Leave Petitions will number companye in the way of the High Court deciding the matter and the State of Punjab is at liberty to urge all companytentions before the High Court. While I entirely agree with Brother Patnaik, but given the seminal importance of the issues raised, I think it appropriate to separately express my views in the case. K. PATNAIK, J. 1365 1367 OF 2013 Arising out of SLP Civil Nos. Leave granted in S.L.P. C Nos. | 0 | train | 2013_72.txt |
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