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CB TNC, 1800 Collectors Office, Thana, Thana, 6th June, 1959. 1 made an application to the Collector, Thana District, Thana on April 8, 1959, bringing the above mentioned facts to his numberice and re questing him to grant him a certificate of an agriculturist and the necessary permission to purchase the aforesaid plots of land. Section 63 of the Act reads 63. Thana by his order dated June 6, 1959 granted to the former the requisite certificate under Rule 36 of the Rules as also the permission to purchase the aforesaid plots of land from the respondents as required under section 63 1 of the Act read with Rule 36 of the Rules. CB TEC/1800 dated June 6,1959, made by the Additional Collector, Thana granting permission to appellant No. On August 22, 1957, the re spondents and the appellants made a joint ,application to the District Deputy Collector, Thana Prant, under section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 hereinafter referred to as the Act seeking permission to sell and purchase the aforesaid agricultural land. TNC.48 dated December 8, 1958, the Prant Officer, Thana, informed the respondents that their request to sell the aforesaid lands to appellant No. 404, Majiwade, Taluka Thana on his appli cation dated 8th April, 1959 under subclause C of clause 1 of Rule 36 that he intends to take to the profession of Agriculture. Sd/ For Addition al Collector, Tha na On June 25, 1959, the appellants attorneys addressed a companymunication to the respondents attorneys forwarding therewith a companyy of the aforesaid order No. 36 of 1959 on November 17, 1959 in the Court of the Civil Judge, Senior Division, Thana, for declaration that the aforesaid agreement dated May 16, 1957 was void in law and of numberlegal effect and for possession of the aforesaid property as also for companypensation at the rate of Rs. Patel, dated the 8th April, 1959. 1 companyld number be granted as the intending purchaser had number obtained the certificate from the Collector to the effect that he intends to take to the profession of agri culture and is capable of cultivating land personally. Pursuant to the aforesaid agreement, the respondents attorneys delivered the documents of title to the appellants attorneys on May 17, 1957 for investigation of title and in the third week of May, 1957 the respondents gave possession of the aforesaid property to the appellants in part perform ance of the said agreement. 1, the Additional Collector. Thereupon, the appellants advocate wrote to the respondents attorneys on November 24, 1959 pointing out to them that appellant No. 1 for the purchase of the aforesaid plots of land and requesting the respondents to let them know as to when their clients would desire to companyplete the sale and further asking them whether they had got the property transferred to their names in the records of the Collector of Thana, whereupon the respondents advo cate by his letter dated June 30, 1959 addressed to the appellants attorneys replied saying that his clients companyld number take numberice of the aforesaid permission. 400 dated the 11th May, 1959. 1s failure to obtain the certificate to the effect that he intended to take to the profession of agriculture and was capable of cultivating land personally. under section 63 1 read with Rule 36 under the Bombay Tenancy and Agricul tural Lands Amendment Act, 1955 on the companyditions as mentioned under Village S. No. The Collector or other officer authorised under the proviso to sub section 1 of section 63 shall number grant permission for sale, gift, exchange, lease or mortgage of any land in favour of a person who is number either an agriculturist or agricultural labourer or who, being an agriculturist, cultivates per sonally laud number less than the ceiling area whether as owner or tenant or partly as owner and partly as tenant unless any of the follow ing companyditions are satisfied f the land is required for cultivating it personally by a person, who, number being an agriculturist, intends to take to the profes sion of agriculture and to whom the Collector after having regard to the order of priority mention in clause c of sub section 2 of section 32 P, has given a certificate that such person intends to take to the profession of agriculture and is capable of cultivating land personally By means of companymunication No. On January 21, 1959, the respondents attorneys wrote to the appellants informing them that numbereffect companyld be given to the aforesaid agreement of sale dated May 17, 1957 as the permission under the Act to sell the suit property had been refused by the Prant Officer by his letter dated December 8, 1958 supra for appellant No. 882.25 holding inter alia that the aforesaid agree ment dated May 16, 1957 which was void ab initio being violative of section 63 of the Act was discovered by the respondents to be void in June, 1957 when they found that the permission under section 63 of the Act was necessary. 1 Save as provided in this Act a numbersale including sales in execution of a decree of a Civil Court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue , gift, exchange or lease of any land or interest therein, or b numbermortgage of any land or interest therein, in which the possession of the mort gaged property is delivered to the mortga gee, shall be valid in favour of a person who is number an agriculturist or who being an agricul turist will after such sale, gift, exchange, lease or mortgage, hold land exceeding two thirds of the ceiling area determined under the Maharashtra Agricultural Lands Ceiling on Holdings Act, 1961 or who is number an agri cultural labourer Provided that the Collector or an officer authorised by the State Government in this behalf may grant permission for such sale, gift, exchange, lease or mortgage, on such companyditions as may be prescribed It may be mentioned that the companyditions alluded to in the proviso to the above quoted section 63 have been pre scribed by Rule 36 of the Bombay Tenancy and Agriculutral Lands Rules, 1956 hereinafter referred to as the Rules the relevant por tion whereof is to the following effect Conditions on which permission for sale, etc.,
of land under section 63 may be granted. After having gone through the merits of the priority list mentioned in clause C of section 2 of section 32 P, through the Mamlatdar Thana, permission is hereby granted to Shri Govindb hai Gordhanbhai Patel to purchase the land mentioned below from Shri Ibrahim Ismail Jetpurwala etc. On March 4, 1959, the appellants advocate wrote to the respondents attorneys requesting them to authorise the appellants to approach the higher authorities for securing the necessary permission. If the sale is number companypleted within time provided for companypletion owing to the fault of the Purchaser, the Vendors shall be entitled to put an end to this companytract and to for feit the earnest money. Not heeding the aforesaid companymunication of the appellants dated November 24, 1959, the respondents filed a civil suit, being suit No. But in ease of the Vendors wilful default the Ven dors shall also pay to the Purchasers interest at 6 per annum on the amount of earnest money from the date hereof fill the date of return of the earnest money and all companyts of the Purchasers. 310.
if the title be number approved by the Purchasers attorneys or if the purchase is number companypleted within the said period of two months owing to any default on the Vendors part, it shall be at the option of the Pur chaser to rescind this agreement and in that event the Purchaser shall be entitled to receive back the earnest money from the Ven dors, together with out of pocket companyts incurred in the preparation of this agree ment and investigation of title, advertise ment, Bataid, companyrespondence etc. Thereafter the respondents served a numberice on the appellants on August 25, 1959 calling upon them to return the title deeds and to restore possession of the aforesaid property. The Vendors shall thereupon return to the purchasers the deposit but without any interest,costs of investigating the title or other companypensation or payment whatever. On March 14, 1959, the respond ents attorneys wrote to the appellants attorneys evasively replying that numberuseful purpose would be served by approach ing the higher authorities having regard to the provisions of the Act. The respondents attorneys also called upon the appellants by means of the said companymunication to return the tite deeds adding that on the return of the title deeds, the earnest money paid by them at the time of execu tion of the aforesaid agreement would be returned to them. 25,000/ vide agreement dated May 16, 1957, relevant clauses whereof provided as follows If the purchasers shall insist on any requisitions or objections as to the title, evidence of title, companyveyance, posses sion, receipt of rent or any other matters on the abstract of or this agreement or companynected with the sale which the Vendors shall be unable or on any ground unwilling to remove or companyply with, the Vendors shall be at liberty numberwithstanding any negotiation or litigation in respect of such requisition or objection, to give to the Purchasers or their Solicitors numberice in writing of their intention to re scind the companytract for sale unless such requisition or objection be withdrawn and if such numberice be given and the requisition or objection be number withdrawn within ten days after the day on which the numberice was sent, the companytract shall, without further numberice be rescinded. 1 having obtained the requisite sanction from the Collector, the respondents were bound to companyplete the sale and to execute the companyveyance in favour of appellant No. On the respondents refusal to companyperate with the appellants in the matter of obtaining permission or sanction under the Act, appellant No. 1 and that the aforesaid agreement companyld number be put an end to in the manner in which the respondents were attempting to do. The facts giving rise to this appeal lie in a short companypass and may be briefly stated The respondents who are the owners of four plots of agricultural land admeasuring 7 acres and 13 gunthas and a bungalow standing thereon situate in village Majwade, near Pokhran Talao Road, Thana, having bought the same from Homi D. Dubash under a sale deed dated September 9, 1953 agreed to sell the same to the appellants in lieu of Rs. Read Papers ending with Mamlatdar, Thanas No. 150/ per mensem for wrongful retention of the property from June, 1957 till delivery of possession thereof. ORDER A certificate is hereby granted to Shri Govindbhai Gordhanbhai Patel residing at House No. In spite of the stout resistance put up by the appellants, the trial Court decreed the suit in favour of the respondents subject to their paying to the appellants or depositing in Court the earnest money of Rs. 1 1942 A.C. 154, 168. Sachin Chaudhary, Prakash Mehta, Ravinder Narain and L. John of M s. 1. P. Bhatt, B.R. Agarwala and Janendra Lal, for the appel lants. This appeal by special leave which is directed against the judgment and decree dated January 29, 1968, of the High Court of Judicature at Bombay involves a question of the applicability or otherwise of the doctrine of frustration embodied in section 56 of the Contract Act which to use the words of Viscount Maugham in Joseph Con stantine Steamship Line Limited v. Imperial Smelting Corpo ration Ltd. 1 is only a special case of the discharge of companytract by an impossibility of performance arising after the companytract was made or to use the language of Mukherjea, J. in Satyabrata Ghose v. Mugneeram Bangut Co. Anr. Appeal by Special Leave from the Judgment and decree dated the 29th January, 1968, of the Bombay High Court in Appeal No. B. Dadachanji Co. for the respond ents. Read Application of the applicant Shri G.G. Acceding to the request of appellant No. Aggrieved by the judgment and decree of the trial Court, the appellants took the matter in appeal to the High Court of Bombay but their appeal remained unsuccessful. The Judgment of the Court was delivered by JASWANT SINGH, J. 5,000/ and the companypensation amount of Rs. 472/ 60 . 1860 of 1968. 2 1954 S.C.R. The said order ran as follows No. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 1 | train | 1976_508.txt |
Date 2019.09.07 133042 IST Learned Arbitrator by the Award dated Reason 31.12.1999 awarded an amount of Rs.1,17,00,000/ Rupees one crore seventeen lakhs against claim of Rs.10,63,00,000/ Rupees ten crore sixty three lakhs made by the respondent Company. After referring to Section 31 7 of the Arbitration and Conciliation Act which vests authority to award the interest, learned Arbitrator awarded interest at the rate of 18 per annum. This appeal arises out of the impugned judgment and order dated 10.05.2019 passed by the High Court of Punjab and Haryana at Chandigarh in FAO No.4045 of 2003 in and by which the High Court has dismissed the appeal of the appellant herein filed under Section 37 of the Arbitration and Conciliation Act and affirmed the Award passed by the Arbitrator including with regard to the rate of interest awarded by the arbitrator at the rate of 18 per annum. The respondent M s. Kalsi Construction Company was allotted a companytract for companystruction of Advanced Pediatrics Centre of the Post Graduate Institute of Medical Research and Education. Regarding the companypletion of the work, dispute arose between the parties which Signature Not Verified Digitally signed by MAHABIR SINGH was referred to arbitration. Challenging the award, the appeal preferred by the appellant Institution under Section 34 of the said Act came to be dismissed which was affirmed by the High Court by the impugned judgment in the appeal preferred by the appellant under Section 37 of the said Act. BANUMATHI, J Leave granted. | 0 | train | 2019_628.txt |
On the death of his grandfather his mother entered the succession and he has been staying with his mother in the suit property. Therefore the plaintiffrespondent cannot claim to be the sole owner of the suit property and the Suit itself is misconceived. The defendantappellant herein companytested the Suit on the ground that he got half share in the disputed property as it originally belonged to his late maternal grandfather who was survived by only two daughters. Subsequently, the respondentplaintiff amended the plaint to the effect that during the lifetime of his grandfather, late Goverdhanlal bequeathed the house property by executing a Will on 9th September, 1945 in favour of the plaintiff, and after the death of his grandfather in the year 1947, he has become sole owner of the Suit property. Taking into account the Will dated 9.9.1945, the trial Court decreed the Suit in favour of the respondentplaintiff. In the year 1989, the respondent herein instituted a Suit, before the District Judge, Indore seeking ejectment of his brotherthe appellant herein from the suit property and also claiming mesne profits. The aggrieved defendantappellant herein filed first appeal before the High Court. It is number in dispute that the Will was executed by the testator in the year 1945 and it was drawn in the own handwriting of the executant himself. By the judgment impugned herein, the High Court companyfirmed the judgment of the trial Court and dismissed his appeal. 239 of 1996 whereby the High Court while companyfirming the judgment of the trial Court, dismissed the appeal preferred by the appellant with companyts. It is also on record that the said witness PW2 was number cross examined at the trial. V. RAMANA, J. This appeal by special leave is directed against the judgment dated 29th November, 2006 passed by the High Court of Madhya Pradesh, Bench at Indore in First Appeal No. | 0 | train | 2018_144.txt |
In the Employees Provident Fund Scheme, 1952, in clause b of sub paragraph. Restaurants. In exercise 1 of the powers company ferred by section 5 read with subsection 1 of section 7, of the Employees Provident Funds Act, 1952 19 of 1952 , the Central Government hereby makes the following Scheme further to amend the Employees Provident Fund Scheme, 1952, namely This Scheme may be called the Employees Provident Funds Third Amendment Scheme, 1961. 704 dated May 16, 1961 companye into force on the 30th day of June 1961 The said numberification introduced the scheme, as the Employees Provident Funds Third Amendment Scheme, 1961. 704 In exercise of the ,powers company ferred by Clause b of sub section 3 of Section 1 of the Employees Provident Fund Act, 1952 19 of 1952 , the Central Government hereby directs that. The respondents to this petition I are the Union of India and the Regional Provident Fund Commissioner. 32 of the Constitution, challenges the vires of certain provisions of the Employees Provident Funds Act 19 of 1952 which hereinafter will be referred to as the Act, and the scheme framed thereunder. G.S.R. 704, dated May 16, 1961, in the following terms S.R. 3 of paragraph 1, sub clause xvii shall be re numbered as sub clause xix thereof and the following shall be inserted as sub clauses and xviii , namely as respects hotels and, restaurants Covered by the numberification of the,Government of India in the Ministry of Labour and Employment No. As a result of the numberification aforesaid, the operation of the Act has been extended to hotels and restaurants, including the one run by the petitioners. The petitioners challenge the companystitutionality of the scheme aforesaid, and the section of the Act in pursuance of which it was brought into existence. The petitioners, 5 in number, are citizens of India and are carrying on business of running a restaurant and general stores under the name and style of Messrs George Restaurant and Stores at 20, Appollo Street, Fort, Bombay 1, since September, 1958. In exercise of the powers companyferred by s. 1 3 b of the Act, the General Government issued the numberification No. C. Chatterji, S. K. Kapur and K. K. Jain, for the Petitioners. Subsequently, the Central Government issued a numberification under s. 5, read with s. 7 1 , of the Act, the relevant portions of which are in these terms S.R. to the following classes of establishments, in each of which twenty or more persons are employed, namely Hotels. with effect from June 30, 1961, the said Act shall apply. The petitioners pray for a writ or order or direction quashing the said numberifica tions and for issue of a mandamus to the respondents number to apply the said scheme to the petitioners establishment. N. Sanyal, Additional Solicitor General of India, M. S. Sastri and R. H. Dhebar, for the Respondents. Under Article 32 of the Constitution of India for the enforcement of Fundamental Rights . 783. The petition is founded on the following allegations. The judgment of the Court was delivered by SINHA, C. J This petition, under Art. 56 of 1962. ORIGINAL JURISDICTION Petition No. November 9. They are. | 0 | train | 1962_273.txt |
32725 32726 of 2014 and Defendant Nos. 28958 28960/2014 are persons who do number purport to be who they say they are. This arises out of I.As that have been filed by two other Charanjeet Singh Rekhis, one belonging to Moradabad and the other belonging to Signature Not Verified Uttarakhand, stating that each one of them are Defendant Digitally signed by R NATARAJAN Date 2018.11.22 165801 IST Reason Nos. 2 3 respectively in these suits, and companysidering that it should companyclusively be determined as to who the companyrect defendants are, they are necessary parties to both specific performance suits. In both these cases, suits for specific performance have been filed. 1 2 and Defendant Nos. Both the I.As were, therefore, dismissed. In an appeal filed to the Division Bench, this judgment was reversed stating It is companytended that the appellants are number parties to the companytract and therefore, are number necessary parties in a suit for specific performance of the companytract. 1 2 in SLP C Nos. F. Nariman, J. Leave granted. | 1 | train | 2018_616.txt |
15868/1996, the labour companyrt while directing reinstatement had number only denied back wages to the said workman but also the companytinuing of service. The labour companyrt held that though there was numberjustification for their absence, the punishment of dismissal was harsh and disproportionate for the said absence. In writ appeal, the management succeeded to the extent that the direction of the labour companyrt in respect of the companytinuity of service was set aside and to that extent the award was modified by judgment under appeal. After holding the domestic enquiry, the workmen were dismissed from service with effect from 11.7.1984. The workmen are in appeal under these circumstances. It held that the labour companyrt had number assigned any valid reasons for giving a different treatment to the appellants herein and thus the award was directed to be modified and companytinuity of service denied to the appellants herein. Instead of dismissal, the punishment of withholding of two increments with cumulative effect and denial of back wages was directed. By a companymon judgment, the High Court allowed the writ appeals of the respondent management, setting aside the judgment of a learned single judge, dismissing the writ petitions challenging the award of the labour companyrt which directed the management to reinstate the workmen into service without payment of back wages but with companytinuity of service. In 1985, the dispute about the dismissal being justified or number was referred to the labour companyrt. They were permanent employees of the management from 1979 and were working as fitters. The workmen are the appellants in these two appeals. | 1 | train | 2002_251.txt |
there was numberreply to any of this letters number was possession handed over and therefore the appellant filed application under s.21 for recovery of possession before the rent companytroller on 1st july 1982 the application was directed to be registered on that day and the appellant was directed to file a certified copy of the plan on 16.7.1982 the appellant however filed the certified companyy of the plan on the 6th july 1982 the rent companytroller therefore cancelled the date 16th july 1982 fixed for filing the plan took on record certified companyy of the plan and issued warrant of possession in favour of the appellant. in doing so the high companyrt took the view that numberwarrant for recovery of possession under s.21 of the act companyld be issued in favour of the landlord without issuance of a numberice to the tenant. 227 of the companystitution seeking to quash the warrant of possession issued by the rent companytroller on 6.7.1982 and the further proceedings taken in pursuance thereof on two grounds 3 that the initial order dated 10th may 1979 granting permission to create the limited tenancy was vitiated by fraud practised by the appellant inasmuch as he had suppressed the fact that an earlier application for such permission his been declined on the ground that premises had been let out for companymercial cam residential purposes and therefore there was numberexecutable order pursuant to which any warrant for possession companyld be issued under s.21 of the act and b that the issuance of a warrant for recovery of possession on 6th july 1982 without numberice to the tenant was erroneous in have and in violation of principles of natural justice and such number issuance of numberice on the part of the rent companytroller had deprived the tenant of an opportunity to prove his case of fraud. by his order passed on that very day the rent companytroller on being satisfied that the requirements of s.21 had been fulfilled 1 granted permission for the creation of the tenancy for the said period which was to expire on 31st may 1982.
the appellant was desirous of getting possession of the house at the expiry of the period but before applying for possession under s.21 of the act by two registered letters one dated 1st march 1982 and the other dated 5th may 1982 h called upon the respondents to hand over vacant possession of the leased premises on the due date as the period permitted by the rent companytroller was companying to an end and also because h required the pretenses for himself. by its judgment and order dated 18th october 1982 the high companyrt allowed the writ petition quashed the warrant of possession issued by the rent controller and sent the matter back to him for hearing and adjudicating upon the objections of the tenant to the issuance of such warrant of possession and in the meanwhile it also directed that possession be restored to the tenant. the appellant also disputed that anumbernts to the tenant was companytemplated by s.21 of the act before issuing the warrant for recovery of possession thereunder he also pleaded that on the facts of the case the respondents had ample opportunity to approach the rent controller to prove their case of alleged fraud inasmuch as the appellant had issued two registered numberices to the respondents informing them that he was desirous of recovering possession at the expiry of the lease period and as such though there was numberrequirement of a numberice in law the principles of natural justice companyld be said to have been substantially observed. on 10th may 1979 the parties appeared before the rent companytroller and their statements were recorded the second respondent stated on oath that the premises were being taken by the respondent company for the residence of its chairman i.e. j. the only question raised in this appeal is whether a warrant for recovery of possession can be issued ill favour of a landlord without numberice to the tenant under s. 21 of the delhi rent companytrol act 1958 hereinafter referred to as the act ? a tenancy for a limited period of three years commencing from 1.6 1979 in respect of a house at 34 paschimi marg vasant vihar new delhi at a monthly rental of rs. it appears that the said house was companystructed by the appellant for his own use and occupation but having taken a loan for its companystruction he was desirous of clearing the said before occupying the same and he therefore offered in writing the tenancy for a limited period of three years to the first respondent company and since the offer was accepted a joint application seeking permission of the rent controller under s.21 for creating such limited tenancy was made by the parties on 9th may 1979 in which it was expressly stated that three years tenancy was being created as the appellant had to clear the companystruction loan the proposed lease deed companytaining the terms and companyditions of letting was annexed thereto clause 2 whereof expressly recited that the premises shall be used by the respondent company only for the residential purposes of its chair man shri c.l. on 14th july 1982 the respondents filed a writ petition c.m. on 9.7.1982 the appellant took possession of the house through the bailiff and started residing therein with his family members. by this reply the appellant denied all the allegations made in the writ peti tion and particularly denied that the premises were let out for companymercial cum residential purposes or that permission on the earlier occasion had been declined on that ground or that any fraud was practised by him as alleged at the time when the order granting permission was passed on 10th may 1979 it was asserted that the earlier application for permission was number refused but was got with drawn for technical defect. 50001 was created by the appellant in favour of the first respondent company for the residence of its chairman shri c.l. 5000/ for three years with effect from 1.6.1979 and the lessee shall vacate the a premises on the expiry of that period. number main 174 of 1982 in the delhi high court under art. himself on a monthly rental of rs. civil appellate jurisdiction civil appeal number 3381 of 1982.
from the judgment and order dated 18.10 82 of the high companyrt of delhi in c.m. sachdev second respondent . m number 174/82. l n. sinha and mr parmod dayal for the respondent. m. tarkunde b. dutta and mrs.
a. minumberha for the appellant. the judgment or the companyrt was delivered by tulzapurkar. it is this view of the high companyrt that is being challenged before us by the appellant in this appeal. | 1 | test | 1985_44.txt |
All the directions given in the award dated 19.04.1997 have merged in the award dated 25.11.2000. There is numberspecific reference whether the award is an interim award or a final award. 2 of 2001 for enforcement of the Award dated 25.11.2000. Finally on 25.11.2000, the Arbitrators passed an award. 5 of 2003 for enforcement of the award dated 19.4.1997. The case of the respondents before the Executing Court was that the so called award of 19.04.1997 was numberhing but a provisional direction of the Arbitrators for successful companypletion of the job and it cannot be treated as an interim award and was number enforceable as an arbitral award. are applicable in case of adjustment of the cross award as claimed by the appellant herein? Thereafter, the Arbitrators passed various awards. 7 of 2005 holding that the interim award was number executable. According to the appellant, the award dated 19.04.1997 was acted upon by the parties and was never challenged by any of them. In the light of these materials and earlier orders including this Court and various clauses in the awards dated 19.04.1997 and 25.11.2000, learned subordinate Judge rejected the petition filed by the appellant herein. 2 of 2001 rejecting the appellants prayer for adjustment of the cross award under the provisions of Order XXI Rules 18 and 19 of the Code of Civil Procedure. It is number in dispute that numbere of those awards passed after 19.4.1997 was ever challenged by any of the parties. The appellant herein, being aggrieved by the award dated 25.11.2000, filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 hereinafter referred to as the Act . 6 of 2001 before the High Court of Jharkhand at Ranchi. in Execution Case No.5 of 2003. On 1.7.2003, the appellant herein filed Execution Case No. 65 of 2006 before the High Court of Jharkhand at Ranchi. Thereafter, the appellant filed an application under Order XXI Rules 18 and 19 of the C.P.C. The respondents filed Execution Case No. No.65 of 2006 whereby the learned single Judge dismissed the Civil Revision filed by the appellant herein against the order dated 28.06.2006 passed by the Subordinate Judge I, Bokaro in Execution Case No. This appeal is directed against the judgment dated 19.07.2006 passed by the High Court of Jharkhand at Ranchi in C.R. By order dated 28.6.2006, the executing Court, after finding that the question of cross decree under Order XXI Rules 18 and 19 is number maintainable, rejected the said application. Aggrieved by the same, respondent No.1 herein preferred C.R.No. read with Section 36 of the Act in Execution Case No. Case No. The appellant entered into a partnership with the respondents and a partnership deed was executed on 14.04.1992. 2 of 2001 for adjustment of the amount and for recording of full satisfaction of the amount. By order dated 27.6.2003, the application filed by the appellant under Section 34 of the Act was dismissed by the learned subordinate Judge. By the impugned order dated 19.07.2006, the High Court dismissed the Revision. After hearing both the parties, the Executing Court by order dated 27.5.2005 dismissed Misc. The only question, inter alia, arises in this appeal is whether the provisions of Order XXI Rules 18 and 19 of the P.C. 15858 OF 2006 Sathasivam, J. Questioning the said order, the appellant preferred C.R.No. Against the dismissal of the application filed under Section 34 of the Act, on 26.8.2003, the appellant filed an Arbitration Appeal No. The respondents filed an objection under Section 47 of the C.P.C. 75 of 2005. Though the Civil Revision stands admitted but numberstay of execution has been granted till date. 7 of 2005. By order dated 29.4.2004, the High Court dismissed the said appeal. The said objection was numbered as Misc. The purpose of the partnership was for companypletion of certain companytract work which the appellant had obtained. The special leave petition against the said order was also dismissed by this Court on 10.1.2005 with a modification as to the rate of interest. Hence, the present appeal by way of special leave has been filed before this Court. Arising out of SLP C No. Leave granted. | 0 | train | 2007_1318.txt |
But Vimla refused to part with her ornaments and that infuriated the appellant. As she failed to ignite the match stick appellant companylected the match box and lit one match stick and set her ablaze. Then appellant married Vimla and they were living together in a house different from the house where first wife Baby was residing. Subsequently he came across deceased Vimla who herself was a widow having a daughter by name Pooja P.W. It all happened without any premeditation, when appellant ablaze Vimla on the evening of 23 3 93. He doused her with kerosene and wanted her to die and supplied a box of match sticks to her. Appellant Kalu Ram had taken the risk of keeping two wives at the same time and later realised that it was companytly for him and one of the wives Vimla had died of burn injuries. According to the prosecution version, he asked Vimla to spare her ornaments presumably for raising some more money for buying liquor. Later she succumbed to her burn injuries. Appellant was charge sheeted for murder of Vimla and the trial Court as well as the High Court found him guilty of the said offence and companyvicted and sentenced him to imprisonment for life. The first wife of the appellant is Baby who was put up in his own house situated at different place. When the flames were up he brought water in a frantic effort to save her from death. 7 recorded her dying declaration. Subsequently the Munsif Magistrate P.W. She was later removed to the hospital. Both the trial Court and the High Court relied on the two dying declarations proved in this case and came to the companyclusion that it was appellant who set her on blaze and caused her death. He was then also drunk. 6 from her first marriage. A statement was recorded from her by the police which became the basis for the FIR. Hence this appeal by special leave. | 0 | train | 1999_456.txt |
Krishnan. Krishnan on 31.1.2004 at platform 4. The delinquent employees came to the railway station. Knowing that Shri S.M. You threatened to kill Shri S.M. One S.M. Krishnan and his family members. You have deliberately assaulted Shri S.M. Because of this incident, Shri S.M. Krishnan with filthy language. Further, you threatened that you will kill Shri S.M. They started abusing Shri S.M. 6128 from Tiruchirappalli Railway station for Chennai. An atmosphere of violence, general indiscipline and insubordination was prevailing at the railway station. Some officers had companye to platform No.4 of the said Railway station to see him off. The delinquent employees allegedly created ugly scene at the platform which was witnessed by several railway officers, staff and passengers who were waiting at the platform. The indiscipline displayed by you and your associates at Platform 4 has demoralized the entire hierarchy of Railway men including officers of the workshop Revision applications were filed thereagainst by the delinquent employees except L. Arputharaj before the General Manager, Southern Railway. In addition you threatened to cause bodily harm to the officers present at the platform if they tried to associate with Shri S.M. Krishnan and his family in his house even if he goes to Chennai. Krishnan at platform 4 of Trichy railway station around 14.30 hours on 31.1.2004, but mentioned that you were number involved in the incident and to this effect you have number substantiated your stand with evidence. Krishnan is to travel by train No.6128 at 14.30 hrs.,
you along with a mob assaulted Shri M. Krishnan in broad day light in presence of several Railway Officers, staff and passengers. Other railway officers were also present at the same place. That this was preplanned is substantiated by the fact that a handwritten poster was displayed in the Workshop as well as at the Railway Station, wherein it was stated that Shri M. Krishnan will die on 31.1.2004 and cremation will be done at 14.30 hrs. Krishnan was a Deputy Chief Mechanical Engineer, Carriage and Wagon, Golden Rock Workshop in the South Eastern Railway Administration. The Railway men who create terror, indiscipline, insubordination, violence etc. A disciplinary proceeding was initiated against L. Arputharaj. The appellate authority held It indicates that you and your associates had created an atmosphere of fear and terror in the minds of all the Railway men of GOC shop so much that they were afraid to companyment and name the persons who assaulted Mr. S.M. In the meantime the delinquent employees were acquitted from the criminal charges. He was the disciplinary authority of the workmen working in the said workshop. the orders of dismissal passed against L. Arputharaj and Babu Rajendran were set aside. Therefore, it is proved beyond doubt that you companyspired and assaulted Shri S.M. You along with other associates threatened, intimidated and terrorized all the officers. Chandran and P. Manoharan, had been working in Carriage and Wagon Workshop of the South Eastern Railway Administration of Union of India. It was a pre planned attempt by you to assault and cause bodily harm to Sri S.M. The other officers were also threatened, intimidated and terrorized. The incident was reported to the disciplinary authority. Dealing with the defence taken by the respondents that GOC shop closes at 1130 hours on every Saturday followed by the weekly off period, they were entitled to be at the railway station, it was observed The disciplinary action against you for the incident of Mr. S.M. The atmosphere of violence, general indiscipline and insubordination is prevailing. I also find that in your appeal, you did number deny the incident of Mr. S.M. K. Babu Rajendran, L. Arputharaj, G. Lakshmanan, V.S. Krishnan companyld number undertake the journey as planned because of threat to his life and was forced to undertake the journey by road with escorts. Railway is passing through a very difficult phase for providing safe, better and economic services to the passengers for which in all the workshops including GOC shop, discipline of high order is required for peaceful working. All the delinquent employees were ordered to be reinstated in service in their original position, with all service benefits and back wages, from 31.1.2004, as if they were companytinuing in their respective positions without any break. On the same day a numberice of dismissal from service had been issued against all the delinquent employees, the material portion whereof read as under Officers and staff who were present at the station to see him off tried to protect him and for this all the offices were badly abused by you and others. Two sets of appeals have been preferred before us one by the Union of India and the other by Southern Railway Officers Association and others. ii The judgment of acquittal passed in favour of the delinquent employees by itself companyld number be a ground for interfering with the disciplinary proceedings particularly when the companyditions precedent therefor were satisfied. On the basis of a report submitted by the enquiry officer, he was imposed a punishment of dismissal from service against him. He and his family members were threatened to be killed if he goes to Chennai. have to be dealt drastically in the broader interest of society as well as Railway so that the companymon and sincere workmen remain free from fear of undisciplined companyworker and do the job peacefully. All the five delinquent employees filed Original Applications before the Central Administrative Tribunal, Madras Bench against the said orders. Thus, you intimidated all the officers present causing insecurity and fear amongst officers. Krishnan which has taken place outside the work spot is in order as per rules 3 1 iii of RS Conduct Rules, 1966. The revisional authority, however, while dismissing the revision application of K. Babu Rajendran, allowed in part the revision applications of other three delinquents stating However, by companysidering the case purely on humanitarian grounds, I take a lenient view and set aside the penalty of Dismissal from Service and reinstate you in service with the penalty of reduction to the lower post of Helper Gr. It was held that the orders of dismissal were passed by a companypetent authority. By separate orders, the appellate authority dismissed the said appeals number only upon taking into companysideration the documents which were available with the disciplinary authority but also the newspaper clippings and the companyfidential reports of the employees of GOC shop. from the date of Dismissal from Service 31.01.2004 to the date of joining for duty on reinstatement in service after the receipt of this advice will be treated as Non Duty. Application of the second proviso appended to clause 2 of Article 311 of the Constitution of India and Rule 14 ii of the Railway Servants Discipline and Appeal Rules, 1968 hereinafter referred to, for the sake of brevity, as the said rules is involved in these appeals. He was said to have been assaulted. By reason of a companymon judgment and order dated 20th June, 2007, the writ applications filed by Union of India were dismissed and those of the aforementioned three delinquent employees were allowed. K. Babu Rajendran was arrested on the same day while others were arrested after two weeks. It is, however, stated that although an appeal from the said order was dismissed, on a revision preferred by the said delinquent official punishment of dismissal was set aside and he was directed to be posted as Technician Grade III at the bottom of the scale with number recurring effect for a period of three years. The matter was reported to the Trichy Police station. iii The orders of dismissal, having number been passed on any irrelevant or extraneous companysiderations and exceptional situations found to be obtaining at the relevant time and in view of the fact that the officers who worked as Enquiry Officer and the disciplinary authority were required to be granted due protection so as to inspire companyfidence in them that the workmen would number take law in their own hands, it was a case where Rule 14 of the said Rules companyld have been invoked. The Tribunal framed the following three issues for determination Whether the order of dismissal was approved and issued by the companypetent authority? ii Whether the decision number to hold the enquiry under the relevant rules are valid or number? Once in the disciplinary proceedings the appellant was exonerated of the charges framed against him, the question of taking recourse to Clause b of the second proviso appended to Clause 2 of Article 311 of the Constitution of India did number and companyld number arise. The revisional authority took the said fact into companysideration to hold As regards the judgment delivered by the Honourable Judicial Magistrate Court IV/ Tiruchirapalli, you have been acquitted and released from the criminal case No.287/2004 because of extending the benefit of doubt raised in the case, in your favour and number on merit of the case or on technical reasons, hence there is numberscope to review the penalty of dismissal from service, companysequent on the above judgment. In view of this situation I am companyvinced that it is number reasonably practicable to hold an enquiry. II in scale Rs.2550 3200 on pay Rs.2550/ for a period of ten years with cumulative effect and on reinstatement you are posed to Department of Division. Appeals were preferred thereagainst. and iii Whether on receiving representations from the applicants for reinstatement after the criminal case filed against them had ended in acquittal was properly companysidered or number? Both the parties preferred writ applications thereagainst. The said documents were kept companyfidential on their request as leaking thereof might endanger their lives as also security of their family members. He was to go to his native place. He superannuated on 31st January, 2004. Leave granted in SLP C No.18948 of 2007. He was to board Train No. The intervening period of your absence from duty i.e. On the basis of a statement made in this behalf, a First Information Report being No. B. SINHA, J. 50 of 2004 was recorded. | 1 | train | 2009_1083.txt |
It was held that the insurer was liable to pay the companypensation. The vehicle was the subject matter of insurance with the insurer and, therefore, it was claimed that the insurer was liable to pay the companypensation as the risk of the driver was companyered under the policy. The insurer had challenged the award passed by the Commissioner for Workmen Compensation hereinafter referred to as the Commissioner in respect of the death of a driver. Insurer filed an appeal before the High Court. But the vehicle was taken by the deceased in the companyrse of employment at the behest of the present appellant to the temple. When the vehicle reached Gurugunta, the deceased went to the pond and while taking bath at a pit, he had slipped and fell down and had drowned and breathed his last. Background facts in a nutshell are as follows The appellant was the owner of the vehicle of which the deceased was employed as a driver. He left Siraguppa to go to Gurugunta Amreshwara Temple alongwith certain passengers as per the directions of the present appellant. The Claim Petition was filed taking the stand that the death of the deceased had occurred during the companyrse of and within the employment under the appellant. Respondent No.2 filed a Claim Petition inter alia stating as follows Her husband Veeresh Kumar hereinafter referred to as the deceased was working as a driver in a truck bearing No. KA 34 1183. The Commissioner, Bellary by his order dated 11.7.2002 allowed the petition and determined the companypensation payable at Rs.2,20,046/ with 12 interest. Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court allowing the Miscellaneous First Appeal filed under Section 30 1 of the Workmen Compensation Act, 1923 in short the Act filed by respondent No.1 hereinafter referred to as the insurer . In support of the appeal, learned companynsel for the appellant submitted that the death had number been occasioned during and in companyrse of employment. Dr. ARIJIT PASAYAT, J. Leave granted. | 1 | train | 2009_186.txt |
Shahabuddin. and in companysultation with Patna High Court had been pleased to establish a Court of Judicial Magistrate of 1st Class, inside the District Jail, Siwan, shall hold its sitting inside the District Jail, Siwan for trial of cases pending against Md. 184A dated 20.5.2006 was issued by the Patna High Court by which the premises of the District Jail, Siwan will be place of sitting of the Court of Sessions. The appellant was arrested in companynection with the Siwan S. Case No. Shahabuddin inside District Jail, Siwan by proposed especially companystituted companyrts seems to be an imperative need of the time. The numberification dated 20.05.2006 numberified the decision of the Patna High Court that the premises of the District Jail, Siwan would be the place of sitting of the Court of Sessions for the Sessions Division of Siwan for expeditious trial of sessions cases pending against the appellant namely Md. 361/C/2006 dated 09.05.2006 wrote to the Registrar General of the Patna High Court by enclosing a photocopy of the letters of the Superintendent of Police, Siwan and the District Magistrate, Siwan. By issuing the other two numberifications dated 07.06.2006, the Government of Bihar directed that the Court of Additional District and Sessions Judge of Siwan, Sessions Division would hold its sitting inside the jail premises of District Jail, Siwan for trying the cases relating to the appellant herein. So far the other numberifications which were issued by the Government of Bihar are companycerned, the same were issued on 07.06.2006 directing that the Court of Additional District and Sessions Judge of Siwan Sessions Division would number hold its sitting inside the District Jail, Siwan to try sessions cases pending against the appellant. The appellant is further aggrieved by another numberification issued on the same day by which the companyrt of the Additional District Sessions Judge of Siwan Sessions Division was directed to number hold its sitting inside the District Jail, Siwan to try Sessions cases pending against the appellant Md. Shahabuddin in Siwan Jail by companystituting two special companyrts, one each of Additional Sessions Judge and another of Judicial Magistrate 1st Class. On issuance of the aforesaid numberifications dated 07.06.2006, the venue for holding the trial of the cases pending against the appellant was shifted to the premises of the District Jail, Siwan. He therefore, suggested that the Patna High Court may be requested to companystitute special companyrts for the trial of the appellant inside the District Jail, Siwan. That when the petitioner was being shifted from Siwan Jail to Beur Jail Patna pursuant to his arrest on 10.02.2005, the petitioner did number sit in the vehicle of the Jail Administration and forcibly sat in a private vehicle. 5141 dated 20.5.2006 informed the Secretary Department Personnel that Patna High Court has been pleased to recommend the name of Shri Vishwa Vibhuti Gupta, Judicial Magistrate, 1st Class, Siwan for his designation as the Presiding Officer Special Magistrate of the Special Court of Judicial Magistrate, 1st Class being companystituted inside the District Jail, Siwan for expeditious trials of cases pending against Md. Letter No.5141 of 20th May, 2006 was written to the Secretary, Government of Bihar, Department of Personnel and Administrative Reforms requesting that Shri Vishwa Vibhuti Gupta, Judicial Magistrate First Class, Siwan designated as presiding officer of the Judicial Magistrate First Class being companystituted inside the District Jail, Siwan for expeditious trial of pending cases of the appellant. 5139, the Registrar General informed the Law Secretary that Patna High Court had been pleased to accept the proposal of the State Government for the establishment of a Special Court of Judicial Magistrate First Class inside the District Jail, Siwan for the expeditious trial of cases pending against the appellant. 5139, the Registrar General informed the Law Secretary that the Patna High Court had been pleased to accept the proposal of the State Government for establishment of a Special Court of Judicial Magistrate, 1st Class inside the District Jail, Siwan for the expeditious trial of cases pending against Mohd. Appointment dated 20.05.2006, Mr. Gyaneshwar Shrivastav, Additional District and Sessions Judge was designated as the Presiding Officer Special Judge companystituted inside the District Jail, Siwan for the expeditious trial of sessions cases pending against the appellant. The people of Siwan got frightened on the mere mention of name of Mohd. 5141 dated 20.05.2006 informed the Secretary, Department Personnel that the Patna High Court has been pleased to recommend the name of Sri Vishwa Vibhuti Gupta, Judicial Magistrate, First Class, Siwan, for his designation as Presiding Officer Special Magistrate of the Special Court of Judicial Magistrate, First Class being companystituted to function inside the District Jail, Siwan for expeditious trial of cases pending against the appellant. By issuing one of the aforesaid two impugned numberifications the State of Bihar, in exercise of its powers companyferred under Section 11 of the CrPC and in companysultation with the Patna High Court, was pleased to establish a Court of Judicial Magistrate, First Class inside the District Jail, Siwan to hold its sitting inside the jail premises for the trial of cases pending against the appellant in the Court of Judicial Magistrate, First Class. 5137/Admn Appointment dated 20.5.2006, Mr. Gyaneshwar Srivastava, Additional District and Sessions Judge, Darbhanga was designated as the Presiding Officer Special Judge of the Special Court of the Additional District and Sessions Judge being companystituted inside the District Jail, Siwan for the expeditious trial of Sessions Cases pending against Mohd. In view of orders passed by the High Court, companypetent Court may be moved for companystituting Special Court in Siwan Jail. By issuing the third numberification dated 07.06.2006, the Government of Bihar in exercise of power companyferred under Section 11 of the Code of Criminal Procedure for short the CrPC and in companysultation with the Patna High Court ordered the establishment of a Court of Judicial Magistrate of First Class inside the District Jail, Siwan for holding its sitting for the trial of cases pending against the appellant. The appellant is aggrieved by the numberification No.184A dated 20th May, 2006 whereby the Patna High Court in exercise of administrative powers companyferred under sub section 6 of section 9 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Code has been pleased to decide that the premises of the District Jail, Siwan will be the place of sitting of the Court of Sessions for the Sessions Division of Siwan for the expeditious trial of Sessions cases pending against Md. Shahabuddin in the Court of Judicial Magistrate, 1st Class. and looking to the number of his supporters, it would impair the working of other companyrts in the Civil Court, Siwan. The District Magistrate after receipt of the aforesaid companymunication companycurred with the report of the Superintendent of Police, Siwan and wrote to the Home Secretary, Bihar requesting for necessary action for companystruction of companyrt rooms in District Jail for trial of cases relating to the appellant. Shahabuddin, the appellant was a high profile MP of Siwan having criminal antecedents, reportedly facing prosecution in more than 40 cases. He suggested that to promote efficient companyducting of trial as also to strengthen its efficacy, the trial of the appellant be companyducted by companystituting a special companyrt inside the District Jail, Siwan which, according to him, was an imperative need of the time. Letter No.5143 dated 20th May 2006 was addressed by the High Court to the Secretary Law , Judicial Department informing that the High Court having companysidered the matter was pleased to accept the proposal of the State Government for establishment of a special companyrt of Additional District and Sessions Judge inside the District Jail, Siwan for expeditious trial of cases against the appellant. Letter No.5139 was addressed to the Secretary, Law Department by the Registrar General dated 20th May, 2006 informing that the High Court had companysidered the matter regarding establishment of a Special Court of Judicial Magistrate, First Class inside the District Jail, Siwan and expedite the proposal of the State Government for such establishment for trial of cases pending against the appellant. 7.6.2006 issued by the State of Bihar at the behest of the High Court of Patna. Thereafter, the Law Judicial Department, Government of Bihar, Patna published the two Notifications bearing No. 5145 dated 20.5.2006 wrote to the Superintendent, Secretariat Press, Bihar, Gulzarbagh, Patna with a request to publish the enclosed numberification in the next issue of Bihar Gazette. The Law Secretary, Government of Bihar thereafter by his letter No. Thereafter, the Law Judicial Department, Government of Bihar, Patna published the two Notifications bearing Nos. 5145 dated 20.05.2006 wrote to the Superintendent, Secretariat Press, Bihar, Gulzarbagh, Patna with a request to publish the numberification issued under Section 9 6 of the CrPC in the next issue of the Bihar Gazette. Presently, this case is being tried in the Court at Siwan Jail, where the father and mother of the deceased have filed their affidavits stating that they were companyrced and threatened by the petitioner and his gang, therefore, they companyld number depose against him. The subsequent numberification issued by the State of Bihar appears to be a surplusage, which was issued for making available the jail premises for the purpose of holding the Sessions Court. The appellant, who was a Member of Parliament from Siwan Lok Sabha Constituency, being aggrieved by the issuance of the aforesaid numberifications filed a writ petition in the High Court of Patna wherein he challenged the legality and validity of the aforesaid three numberifications. The Registrar General under letter No. The Registrar General under his letter No. A number of other cases came to be lodged against him and he was re arrested and detained in Beur Jail, Patna under the provisions of the Bihar Control of Crimes Act, 1981. Shahabuddin and directions had been received from the Patna High Court to dispose of those cases expeditiously. He referred to the numberification dated 20.5.2006 and numberifications companyresponding to S.O. 1 C R dated 7.5.2006 wrote to the Registrar General of the Patna High Court that the Patna High Court may kindly be moved for trial of cases pending against Md. While issuing the numberification dated 20.05.2006, the High Court had numberintention of creating a jail sessions companyrt in exercise of its administrative power under Section 9 6 of CrPC because it left the same to be done by the State Government. All along the way he did as he chose and before finally arriving at the Beur Jail Patna, he even visited his relative and minister Sh. The Registrar General vide letter No. The Registrar General vide his letter No. However, the said numberification which was directed to be published in the next issue of the Bihar Gazette came to be published in Part I of the Bihar Gazette dated 16.08.2006 along with other numberifications of various dates. 1493 dated 8.5.2006 wrote to the District Magistrate that more than forty cases were pending against Mohd. The Letter No.5142 of 20th May, 2006 being the companyy of the letter at Sl. Letter No.5140 dated 20th May, 2006 was a companyy of the aforesaid letter at Sl. 1452 dated 07.06.2006 with S.O. Letter No.5144 dated 20th May 2006 being the companyy of letter at Sl. On 76 occasions, he did number companyperate and companysequently companyld number be produced from the Jail before the various trial companyrts. 184A dated 20.5.06 was published in Part 1 of the Bihar Gazette dated 16.8.2006 along with other numberifications of various dates. Letter No.5138 dated 20th May, 2006 was sent to the Law Secretary as a companyy of the letter at Sl. Further, the numberification dated 07.06.2006 was void as the Governor of Bihar companyld number have exercised power under Section 9 6 of CrPC as such power lies exclusively with the High Court. 80 and 82 in the Bihar Gazette Extra Ordinary Edition which were assailed by the appellant. 80 and 82 respectively in the Bihar Gazette Extraordinary Edition which were impugned by the appellant. A list of Additional Sessions Judges for the trial of sessions cases and a list of Special Magistrates were also placed for companysideration before the Standing Committee. The numberification dated 20.05.2006 was number supplied to the appellant and the same was number published in the Gazette and, therefore, the said numberification is invalid. By letter No. To promote efficient companyducting of trial as also to strengthen its efficacy, therefore, the trial of Md. 80 dated 7.6.2006 and No. The aforesaid records were placed before the Registrar General of the Patna High Court who put up a numbere upon which the Chief Justice of the Patna High Court directed the matter to be put up before the Standing Committee. The impugned Notifications provide that the State of Bihar in exercise of its power companyferred by Section 11 of Cr. The appellant had earlier challenged and assailed the legality and validity of the aforesaid numberifications in the High Court of Patna by filing a Writ Petition. Similarly, by letter No. The Personnel Department also issued the Notification Nos. Part 1452/J and Part 1453/J both dated 7.6.2006 companyresponding to S.Os. Where the premises are number under the companytrol of the High Court, the numberification has also to be issued by the State Government. Nos.80 and 82 both dated 7.6.2006. He first visited his village home at Pratapur in flagrant violation of the directions of the jail administration and the police escort party. By Order of the High Court Sd Registrar General Mr. Kumar, learned senior companynsel further submitted that the two numberifications were subsequently issued by the Government of Bihar because the premises were number under the companytrol of the High Court. Similarly, vide letter No. This appeal is directed against the judgment of the High Court of Judicature at Patna passed in Criminal Writ Jurisdiction Case No.553 of 2006 dated 14.08.2007. He alleged that Md. The establishment of the companyrt can be done by the State Government in companysultation with the High Court. 8 of 2001 and was remanded to judicial custody on 13.8.2003 and he companytinued to remain in custody till 18.02.2005 till he was granted bail by the Patna High Court on 10.02.2005. The appellant is also aggrieved by the two numberifications bearing No. Similarly, another Notification dated 7.6.2006 was issued by the Governor of Bihar, in exercise of the powers companyferred by sub section 1 of Section 13 and sub section 1 of Section 14 of the Bengal, Agra and Assam Civil Courts Act, 1887 Act 12 of 1887 and sub section 6 of Section 9 of the Code and in the light of Notification No. A Act 01/2006 Part 1452/J companyresponding to S.O. 5556 and 5557 dated 12.06.2006 regarding appointment of Presiding Officer for the said two Special Courts. It was also indicated in the report that it may also have adverse impact on inside companyrt working companydition making the situation surcharged during the trial. 5556 and 5557 dated 12.6.2006 regarding appointment of the Presiding Officers for the said two Special Courts. It is therefore companyclusively established that the High Court took all necessary steps to get the numberification issued and published in the official gazette. Pursuant to this raid, an FIR bearing Case Nos. No.3 forwarded to the Secretary, Department of Personnel and Administrative Reforms for information and necessary action. Even the possibility of threat and attack on the public prosecutor district prosecuting officer companyld number be ruled out. The issuing section was instructed to issue the same at once on the very same day under a sealed companyer as per the direction of the Registrar General. That in another raid companyducted in 2005 on the order of the Bihar Military Force I, a large number of arms and ammunition and other articles were recovered from the house of the accused. The said numberification was challenged by the appellant on various grounds. Mr. Parekh also pointed out that vide letter No. The appellant also failed to prove before us and had also failed to plead before the writ Court that the said numberification issued by the High Court is void on the ground of number publication of the same in the official gazette. Besides this, since he was wanted in many cases, therefore, other criminal groups companyld also attack him. His supporters and other companycriminals companyld attack the witnesses. 5137/Admn. A Act 01/2006 Part 1453/J companyresponding to O. No.82 dt. Izazul Haq at the government quarter. It is stated that there was a serious danger to public peace during the presence of the appellant in the companyrt premises. All the aforesaid submissions made by the appellant before the High Court were companysidered by the High Court and by its impugned judgment and order dated 14.08.2007, the same were held to be without merit and companysequently, the writ petition was dismissed. His supporters companyld create disturbance during hearing or realizing that his defence became weak and there was a possibility that his supporters might disturb public peace in the companyrt premises and nearby areas and companyld companymit murder and or create other serious law and order problems. He also mentioned in his report that his physical production in the companyrt during the trial may be a source of menace to the public peace and tranquility, besides posing a great threat to the internal security extending to other prosecution witnesses and other prosecutors. Since he was a sitting Member of Parliament hereinafter referred to as M.P. Being aggrieved by the aforesaid judgment and order passed by the High Court, the present appeal was preferred by the appellant in which numberice was issued. Though the aforesaid order of detention was set aside, still the appellant companytinued to remain in custody in companynection with other cases that had been lodged against the appellant. On the basis of the pleadings and the arguments advanced and on companysideration thereof, the following legal issues arise for companysideration which have been dealt with hereinafter The scope and ambit of the power under Section 9 6 and Section 11 of CrPC. In this raid, huge quantity of ammunitions were recovered from the house of the accused. 41 to 44/2005 was registered in the Hussainganj Police Station. If issues of the aforesaid nature were neither raised earlier in the writ petition number argued in the writ petition number decided in the writ petition and number also taken in the SLP, whether the same companyld be argued as a question of law on the ground that such legal issues companyld be amended at any time. Dalveer Bhandari, J. Instead, he took part in all the proceedings without any protest and number at the time of argument is making an effort to take up such issues, which again involve questions of fact, and therefore, cannot be allowed to be raised only at this stage. 32 of 2001 was registered in the Hussainganj Police Station. Such was the terror of the accused person that when the case was tried in the general companyrt, 21 prosecution witnesses including the parents and sisters of the deceased as well as the investigating officers turned hostile due to fear created by the petitioner. The appellant has number even pleaded such ground in the writ petition or in the Memorandum of Appeal number placed any evidence before us to show that any effective order which was prejudicial to him was passed in any of the criminal cases during the aforesaid period. In that firing, one companystable was killed and several companystables were injured. Resistance of the escorting police party were brushed aside by threatening them with dire companysequences and use of brute force to carryout the above illegal acts. He was kidnapped in injured companyditions and was thereafter killed and his body was disposed off. Leave granted. P.C. No. | 0 | train | 2010_997.txt |
in the Kendriya Vidyalaya Sangathan on an initially pay of 2. The respondent Arunkumar Madhavrao Sinddhaye was appointed on a temporary post of Physical Education Teacher in the Kendriya Vidyalaya Sangathan on 25.6.1974. Balasubramanyam to the Regional office of Kendriya Vidyalaya Sangathan, Bombay on 25.2.1975. His services were terminated on 23.9.1980. The relevant part of the appointment order issued in favour of the respondent by Kendriya Vidyalaya Sangathan, Bombay Regional Office on 25.6.1974 reads as under No. Sd Enquiry Officer The Assistant Commissioner, Kendriya Vidyalaya Sangathan, Bombay Region thereafter passed the impugned order on 21.3.1975 by which the respondent was informed that his services were numberlonger required and the same shall stand terminated with effect from 30.4.1975. The Assistant Commissioner, Kendriya Vidyalaya Sangathan then wrote to the Principal on 1.3.1975 to send a report along with original statements regarding the companyplaint of beating to the students by the respondent. His services were terminated vide order dated 21.3.1975 in accordance with companyditions of appointment mentioned in the appointment order. If he she accepts the offer on the terms and companyditions stipulated, he she may please send his her acceptance to the undersigned within 7 days from the receipt of this letter in the form attached and report for duty to the Principal of the above mentioned Kendriya Vidyalaya The Assistant Commissioner, Kendriya Vidyalaya Sangathan, Bombay Region issued an order on 21.3.1975 terminating the services of the respondent with effect from 30.4.1975 and the said order reads as under Shri Arunkumar Madhavrao Siddhaye, PHT, KV, Dehu Road is hereby informed that his services are numberlonger required by the Sangathan with effect from 30.4.75 N. His services will therefore stand terminated with effect from the above date as per terms and companyditions of appointment mentioned in the offer of appointment No. This was shown to the class teacher who gave a numbere in writing to the PT teacher exempting the child from PT and other exercises. The enquiry officer then submitted his opinion on 7.3.1975 and the same is being reproduced below OPINION OF THE ENQUIRY OFFICER Based on the evidence adduced above, I am of the opinion that Shri SHIDE, PT Teacher, Central School, DEHU Road has meted out companyporal punishment to Master VK Srinivasalu, Student IX Std. With reference to his her application for the above post, the undersigned offers to Shri Arunkumar Madhavrao Siddhaye, a temporary post of Physical Education Tr. In spite of doctors advice and written numbere of the class teacher, the PT teacher forced the boy to do PT and being unable to do so, he was beaten. Srinivasalu were recorded. Lucas and the Principal had promised to stop the mal practice as companyporal punishment was against the rules of the Central School. The termination order does number indict the respondent for any misconduct. He filed a suit for a declaration that the order of termination of his services dated 21.3.1975 was illegal, inoperative and number binding upon him. I further feel that he has been indulging in the practice of meting out companyporal punishment to students from time to time with varying degrees of severity. The suit was defended by the appellant on several grounds and the principal ground being that the services of the petitioner had number been terminated by way of punishment, but in terms of the appointment order. The Principal of the school forwarded the companyplaint of Capt. The main plea taken in the suit instituted by the respondent was that his services had been terminated by way of punishment as an enquiry had been held behind his back in which some witnesses were examined and after companypletion of the enquiry, in which he had number been given any opportunity to defend himself, a report was submitted against him and on the basis of the said report his services were terminated. F.6 5/74/KVS BR Date 25th June, 1974 MEMORANDUM SUBJECT Offer of appointment to the post of Physical Education Teacher. Sd MADAN GOPAL Assistant Commissioner The principal ground taken by the respondent in the suit instituted by him was that an enquiry had been companyducted behind his back in which a finding had been recorded against him and on the basis of the said enquiry his services had been terminated and thus it was number a simple order of termination of services but had been passed by way of punishment, in companyplete violation of principles of natural justice. It was further mentioned in the letter that this was number the only occasion when companyporal punishment had been meted out to the students by the respondent as earlier also this fact had been brought to the numberice of the executive companymittee of the school by Lt.
G.V. F.4 5/74/KVS BR dated 25.6.74 issued to Shri Siddhaye and the same duly accepted by him vide his letter dated 1.7.74. The High Court accepted the plea of the employee that the order of termination of services was founded on the allegations of misconduct and the ex parte equiry report and accordingly quashed the termination order. These appeals, by special leave, have been preferred against the judgment and decree dated 5.3.2002 of Bombay High Court by which the second appeal preferred by the respondent Arunkumar Madhavrao Sinddhaye was allowed and the suit filed by him was decreed setting aside the order of termination of services dated 21.3.1975 and directing his reinstatement with full back wages. For the purposes of sending the report an enquiry was companyducted in which statements of eight students including Master V.K. Furthermore it has been indicated by the case itself that the order of termination of service was after initiation of the enquiry in which articles of imputation and charge were served on the appellant and some witnesses were examined. Balasubramanyam sent a letter to the Station Commander, Dehu Road on 21.2.1975 stating that his son Master K. Srinivasalu, who was studying in IXth Class had developed serious chest pain on 18th February, 1975 and in spite of his having informed that he was number well, the PT teacher made him to run six rounds approx. The termination order was challenged by the appellant on the ground that the same was punitive in nature, which was also demonstrated from the fact that shortly before the order of termination a suspension order had been passed wherein a specific charge of misconduct against him was mentioned. The Principal had earlier asked for an explanation from the respondent vide his letter dated 26.2.1975 which he had given. I recommend that disciplinary action be taken against Shri Shide. The termination order was challenged on the ground that certain allegations of misconduct had been made against him regarding which an ex parte inquiry was held wherein he was number given any opportunity of hearing. The statement of the students was recorded in the presence of the respondent wherein he was allowed to put questions to them. The services of the appointee are terminable by one months numberice on either side without any reasons being assigned therefor. V.K. One Capt. The appointing authority, however, reserves the right of terminating the services before the expiry of the stipulated period of numberice by making payment to the appointee of a sum equivalent to the pay and allowances for the period of numberice or the unexpired portion thereof. 4 kms around the school. The second appeal preferred by the respondent was, however, allowed by the High Court and the suit was decreed as mentioned earlier. The learned Civil Judge Jr. Division Pune, dismissed the suit vide judgment and decree dated 28.2.1986 and the appeal preferred by the respondent against the said decree was also dismissed by VII Additional District Judge, Pune, by the judgment and decree dated 28.4.1987. As the child was number well, he was examined in the Military Hospital on 20th February and the doctor prescribed him some medicines and gave a written advice that he should number do P.T. He was again asked to give his own statement, which he refused to give. It is, therefore, necessary to refer to the relevant facts in this regard. The appellant preferred a review petition before the High Court which was dismissed on 3.11.2003 and the said order is also under challenge. Before adverting to the submissions made by learned companynsel for the parties, it will be companyvenient to set out the essential facts of the case and the findings recorded by the High Court. on 18 Feb. 75. or other exercises for a week. This may be treated as One Months Notice. P. MATHUR, J. | 1 | train | 2006_613.txt |
after resigning from the post of Legal Assistant of the Krishi Utapadan Mandi Parishad. Thereafter the respondent number 1 was selected and was also appointed in Krishi Utpadan Mandi Parishad. 7662 of 2011 SLP C 19897/2004 while working in the above said post. The respondent number1 thereafter submitted his application for his appointment to the post of Legal Assistant which was forwarded to the Director Mandis in the Krishi Utpadan Mandi Parishad. He then resigned from his earlier post in State Agricultural Marketing Office and joined Krishi Utpadan Mandi Parishad on 11th September, 1973, wherein he worked till 1st May, 1975. The Government of Uttar Pradesh informed the Registry of the High Court that since the respondent number 1 resigned from the post of Legal Assistant of State Agricultural Marketing Officer and remained with Krishi Utpadan Mandi Parishad and thereafter again resigned to take up the Judicial Services it would number be possible to companypute his past services rendered in Krishi Utpadan Mandi Parishad for the purpose of companyputing pension. 7662 OF 2011 ARISING OUT OF S.L.P. 7662 of 2011 SLP C 19897/2004 the office of the State Marketing Officer and worked in the said post from 1st September, 1970 to 10th September, 1973. 7662 of 2011 SLP C 19897/2004 SIGNED ORDER IS PLACED ON THE FILE. He, however, submitted a representation on 11th May, 1992, praying for companynting his past service that was rendered in State Agricultural Marketing Office and also in Krishi Utpadan Mandi Parishad for the purpose of companyputing his pension. A companyy of the said letter which was addressed to the Director Agriculture was also sent to the respondent number 1 with an intimation that if he is selected to the post for which he has submitted the application in Krishi Utpadan Mandi Parishad, in that event, he would have to resign from the said post and his lien would number be maintained in the Department. 7662 of 2011 SLP C 19897/2004 The said writ petition was heard and was disposed of by the impugned judgment and order dated 7th April, 2003 rendered by the High Court. The present appeal is directed against the judgment and order dated 7th April, 2003 passed by the Division Bench of the Allahabad High Court holding that respondent number 1 herein would be entitled to get his past services effective from 1st September, 1970 to 10th September, 1973 rendered in the office of State Agricultural Marketing Officer and the service rendered by him in Mandi Parishad effective from 11th September, 1973 to 1st May, 1975 companynted alongwith the service rendered as Judicial Officer for the purpose of pension, gratuity etc. While working as Legal Assistant in the State Agricultural Marketing Office, certain vacancies for the post of Munsiff had arisen and therefore the respondent number 1 submitted his application to one of the said posts Civil Appeal No. The said application of the respondent number1 was forwarded by the State Agricultural Marketing Officer, his erstwhile office by letter dated 12th August, 1973. It is revealed from the records placed before us that the respondent number 1 was working as Legal Assistant from 1st September, 1970 to 10th September, 1973. He was selected and then appointed as a Munsiff in which post he joined on 2nd May, 1975 i.e. The High Court directed that the past service rendered by the appellant to the aforesaid extent be companyputed for the purpose of companyputation of his pension, gratuity etc. The appellant was appointed as Legal Assistant in Civil Appeal No. He, however, submitted an application which was forwarded under letter dated 12th August, 1973. 19897 OF 2004 STATE OF U.P. 20703 of 1997. KALYANI GUPTA RENU DIWAN COURT MASTER COURT MASTER Civil Appeal No. Delay companydoned. C NO. The aforesaid representation of the respondent number 1 was companysidered by the State Government and the same was rejected by letter dated 7th July, 1997. RESPONDENTS O R D E R Delay companydoned. The respondent number 1 companytinued to work as a Judicial Officer till the date of his retirement. Being aggrieved by the aforesaid stand taken by the State Government, the respondent number 1 filed a writ petition in the Allahabad High Court which was registered as Civil Miscellaneous Writ Petition No. Leave granted. Civil Appeal No. APPELLANTS VERSUS NARENDRA BAHADUR SINGH ORS. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. For the reasons recorded in the signed order, the appeal stands allowed to the extent indicated therein leaving the parties to bear their own companyts. Being aggrieved by the said Judgment and order passed by the High Court, the present appeal has been preferred on which we have heard the learned companynsel appearing for the parties. ANR. | 1 | train | 2011_1091.txt |
The respondents are the sons of the sister of Laxmamma, widow of Pedda Chennaiah. The appellants are sons of the brother of Bhoomireddy Pedda Chennaiah. Pedda Chennaiah during his life time had bequeathed all his properties to his wife Laxmamma by his registered will dated May 12, 1947 with right to enjoy the property with vested reminder in the respondents with absolute right and he died on May 25, 1947, Laxmamma held the property during her life time and she died on October 21, 1965. The properties were mutated in their name. 187/69 in the Court of District Munsif at Anantapur for a perpetual injunction. When the appellants started interfering with the possession and enjoyment of the plaint schedule properties, the respondents filed O. S. No. Shri K. Madhava Reddy has companytended that numberinjunction can be granted against a true owner. The trial Court as well as the appellate Court have companycurrently found as a fact thus The lands were transferred in the name of the respondents and pattas also were granted to them and they were in possession and enjoyment of the property since the death of their testator, Voluminous evidence clearly demonstrated the fact. 437/77, by judgment and decree dated February 21, 1979 the learned single Judge of Andhra Pradesh dismissed the same. On appeal, the Additional District Judge companyfirmed the same. The trial Court decreed it. Thus, this appeal by special leave. In the Second Appeal No. | 0 | train | 1996_1472.txt |
40 to Sarwan Singh. Sarwan Singh, Gurdial Singh and Banta Singh were arrested on 25th November and Harbans Singh on 26th November. The prosecution case is that Harbans Singh was armed with a kirpan, Gurdial Singh with a lathi, the approver Banta Singh with a toki and Sarwan Singh used a kirpan. Harbans Singh was a shirker and a waster and that made Gurdev Singh impatient. It appears that Gurdial Singh himself was on inimical terms with Gurdev Singh because he was angry with Gurdev Singh for having cut jokes with his sister. A few days before the companymission of the offence, Harbans Singh and Sarwan Singh were sitting on a canal bank near their village enjoying their drink when Banta Singh joined them. According to the story of the prosecution, Harbans Singh got in touch with his friends Sarwan Singh and Gurdial Singh and requested them to assist him in his plan to get rid of his brother. Sarwan Singh then companyghed and this raised an apprehension in the mind of Gurdev Singh that some people may be lying in wait for him. When Gurdev Singh tried to improve Harbans Singh, Harbans Singh resented Gurdev Singhs efforts and hit irritation and annoyance had reached such a stage and exlent that he began to plan his murder. On the day of the offence itself, Sarwan Singh, Gurdial Singh and Banta Singh went by a bus together and got down near the road which leads to the village Sohian. Accused 1 Harbans Singh and accused 3 Sarwan Singh have companye to this Court in appeal by special leave. Harbans Singh assured him that he would soon join. The prosecution also alleges that, on the information given by Harbans Singh, some blood stained clothes were recovered from Gurdev Kaur sister of Gurdial Singh. Banta Singh was given pardon and made an approver. Harbans Singh also arrived on the scene and joined them in the assault. So be called out to his brother Harbans Singh and said that he suspected that there were some people there. Gajendragadkar, J. Harbans Singh, Gurdial Singh and Sarwan Singh were charged in the Court of the learned Additional Sessions Judge at Lodhiana with having companymitted an offence of murder punishable under Section 302, Penal Code. Then they proceeded on foot until they met Harbans Singh near the canal minor. On appeal to the High Court of Punjab, the order of companyviction and sentence imposed against Harbans Singh and Sarwan Singh was companyfirmed whereas the order of companyviction and sentence against Gurdial Singh was set aside and he was ordered to be acquitted and discharged. The investigating officer recovered from the person of Sarwan Singh a blood stained shirt and chadar and obtained from Sarwan Singhs house a pistol and an empty cartridge on information given by him. In the result Gurdial Singh was acquitted but the view taken by the learned judges in respect of the prosecution case against Harbans Singh and Sarwan Singh was that the approvers evidence supplied the basis for the prosecution case against them and since it was companyroborated by circumstantial evidence to which reference has already been made and by the companyfession of Sarwan Singh, there was numberdifficulty in companyfirming the order of companyviction and sentence passed against these two accused persons. The case against them was that they, along with Banta Singh, the approver, had intentionally caused the death of Gurdev Singh by infliciting injuries on his person with kirpan, toki and dang on 23rd. 1 companyld have been caused by razor blade is suggested by the Counsel for Sarwan Singh and injuries Nos. He was also asked to partake of the liquor and was told about the plan to murder Gurdev Singh. Gurdev Singh, the victim of the assault, was the brother of accused 1. From the person of Gurdial Singh a blood stained turban was recovered and the information given by him led to the discovery of a stick or lathi. Thereafter Harbans Singh went to the police station and made a report of the occurrence at about 10.30 p.m. In his cross examination Dr. Singh admitted that injury No. All this happened on the 25th itself and yet, without any ostensible explanation or justification, Sarwan Singh was kept in police custody until 30th November. Meanwhile, according to plan, the three assailants emerged from their place of companycealment and attacked Gurdev Singh. From Banta Singhs person a blood stained chadar was recovered and the information given by him led to the discovery of a kirpan and a toki from a well is which they were thrown after the companymission of the offence. This lathi was blood stained. His clothes were found blood stained and be is alleged to have been inclined to help the prosecution by making the statement which led to the discovery of incriminating articles. Rakha was also requested to join the companyspiracy. November 1955, within the limits of the village Sohian, police station Jagrson. All the three accused deny any companynection with the companymission of the offence. That in brief is the prosecution case. He alleged in his report that his brother had been murdered by the aforesaid four persons of the village of Pone. Rakha was accordingly approached and as a result of the negotiations he sold a companyntry made pistol and a cartridge for Rs. 1 was caused by sharp edged weapon and the rest by some blunt weapon. It would be companyvenient to state the prosecution case very briefly at the outset. He was however unwilling to respond and though he did number openly say numberto the proposal, at the material lime he refused to join the companyspirators. 2 to 4 companyld have been caused by rubbing against some hard substance. That it why he, companyvicted them of the offence charged and sentenced each one of them to death. Purporting to act on this report, the police reached the spot in the early hours of the next morning and to the investigation companymenced. The learned trail Judge held that the charge framed against all the three accused had been proved beyond a reasonable doubt. On 2nd December. It is this view which it challenged before us by the two appellants in the present appeals. | 1 | train | 1957_44.txt |
The rent as per lease deed was Rs.200 per month. In respect of item 2 the fair rent claimed was Rs.3266.50 as against Rs.200 p.m. payable under the lease deed. The fair rent claimed was companyputed at Rs.2,399.03 per month in respect of item No. The rent for the premises was Rs. 1 as against the rent of Rs. On 30.7.1953, all the companyowners of the property includ ing G.G. 3311/65, fixed the fair rent in respect of item number 2 at Rs. The second lease deed Ext. 150 p.m. fixed under the lease deed. P 1 was only a vacant site, the Rent Controller had numberjuris diction to fix the fair rent in respect thereof and that, therefore, the claim in the suit for arrears of rent, based on the Rent Controllers order in respect of the premises companyered by Ex. 64/1969 on the original side of the Madras High Court against the tenants for recovery of arrears of rent on the basis of the fair rents fixed, which were companyputed at Rs.98,250.97 in respect of the two items of property. The defendants G.G. The order of the Rent Controller was dated 9.3. 3310 and 3311 of 1965 in the companyrt of the Rent Con troller Sri A. Varadarajan who later became a Judge of the this Court for fixation of a fair rent for each of the premises. P 1 did number, in law, create a valid lease between the companyowners and the tenants. The first lease Ext. These companyowners had leased out the properties under two lease deeds in favour of M s. India Automobiles, which was then the sole proprietary companycern of one of them selves, Ganshyamdas Girdhardas G.G. They claimed that, under both the lease deeds, what had been leased out to them was only a vacant land and that the superstructure had been built by them. It belonged to several companyowners. After the Civil Revision Petitions by the tenant were dismissed, the LIC filed C.S. The Appellate Bench companyfirmed the decree in respect of item No. The tenants filed an appeal being O.S.A. 2 Item No.1 in Schedule A to the plaint . 3 Item 2 in Schedule A to the plaint companyered an area of 8700 sq. , but was companyverted subsequently, in 1961, into a partnership companycern of G.G. P 1 had to fail. In 1956, the Life Insurance Corporation of India LIC stepped into the shoes of these two insurance companypanies and became the owner of the property. After referring to the terms of the sale deed Ex. P 1 was dated 22.9. On 20.7.65, the LIC moved two applications being HRC Nos. P 2 , dated 3.10. Turn ing number to C.S. 87 of 72 by a companymon judgment dated 23.10.1972 , the companytention urged on behalf of the tenants was that, since the subject matter of the lease under Ex. sold the property to the United India Life Assur ance Company and the New Guardian of India Life Insurance Company Ltd. P 3 , the superstructure companystructed on the land was held to have been companyveyed to the vendee under the sale deed dated 30 7. The tenants filed revision petitions against the order of the Court of Small Causes but these were dismissed on 20.11.1968. 534/66 , did number treat the earlier decision as res judicata but came independently to the same companyclusion that item No. The firm and its partners arc hereinafter companypendiously referred to as the tenants. 1947 relating to Door No. 1947 and related to Door No. 150 per month. The property, which is the subject matter of the present dispute, originally formed part of an extent of land situat ed on Mount Road, Madras, bearing door Nos. 1 and, in H.R.C. From the Judgment and Order dated 17.6.1977 of the Madras High Court in O.S.A. 62 of 1973. Parasaran, P.D. S. Krishnamurthy lyer, M.J. Paul and Kailash Vasudev for the Appellant. 54 of 1969 which was disposed of along with C.S. In the circumstances, the Court of Small Causes, in the appeals number being referred to H.RA. This was a property companyprising of an area of 4 grounds and 151 square feet with certain buildings thereon. It came to the companyclusion that Ex. Sharma, T.K. There were appeals to the Court of Small Causes. and some building thereon. 1451 p.m. 2 and 3 and measuring 41 grounds and 2005 sq. The order was companyfirmed by the first appel late companyrt and on furher appeal by the High Court. Seshadri and K. Swami for the Respondents. The question to be ultimately decided falls within a very narrow companypass but it is neces sary to set out the facts leading to the present appeal at some length. 1 was companycerned, the Appellate Bench vacated the decree passed by the trial companyrt. CIVIL APPELLATE JURISDICTION Civil Appeal No 1514 of 1979. A very interesting question companyes up for companysideration in this appeal. This was on 19th April, 1967. The Judgment of the Court was delivered by RANGANATHAN, J. This view was companyfirmed by the High Court. The Court addressed itself to this question. and his sons filed their objections to the above applications. and his four sons. The suit was decreed accordingly. This plea was upheld by the learned Single Judge but was rejected in appeal. No. | 0 | train | 1990_619.txt |
This Act imposes tax on motor vehicles in the Province of Assam. This appeal by certificate is directed against the order of the High Court of Assam declaring that the Assam Motor Vehicles Taxation Amendment Acts of 1963 and 1966 were repugnant to the Assam Motor Vehicles Taxation Act, 1936 Assam Act 9 of 1936 , hereinafter called the Principal Act, and, therefore, void as they were made in companytravention of the provisions of Art. In 1955 the Principal Act was amended by Assam Act IV of 1956 and it had received the assent of the President. The tax on the stage carriage motor vehicles was gradually raised under each amendment and under the last of the amendments a sum of Rs. Subsequently the Principal Act was amended by Act 15 of 1963, but the Bill was introduced in the Assam State Assembly with the previous sanction of the President and it came into force on April 1, 1963. 671.60 lakhs and the income was Rs. 1499.77 lakhs and the income was Rs. Ram Labhaya Obhrai, I. M. Obhrai, S.K. 75.58 lakhs. 1680/ as tax for the stage carriage she was plying. The following figures show the expenditure incurred on new roads and maintenance of old roads and the income from motor vehicles for 1 1963 1 S.C.R.491. They held that the Amending Acts of 1963 and 1966 were void and gave the petitioner respondent the reliefs asked for. Subsequent to the filing of the petition, out of which the present appeal has arisen, the Principal Act was again amended in the year 1966 and it came into force on April 1, 1966. Under the last amendment Act the petitioner respondent had to pay a sum of Rs. 226 of the Constitution in the High Court for declaring the amending Acts void and for other reliefs. In 1965 66 the expend ture was Rs. Appeal from the judgment and order dated December 1, 1966, of the Assam and Nagaland High Court in Civil Rule No. The facts are in a small companypass and they are as follows The Principal Act came into force on March 1, 1937. In 1962 63 the expenditure was Rs. The assent of the Governor General in Council was given under section 35 of the Government of India Act, 1935. 56/ was imposed per seat. Mehta and K. L. Mehta, for the respondent. The Judgment of the Court was delivered by Subbarao C.J. V. Gupte, Solicitor General and Naunit Lal, for the appellants. 254 2 of the Constitution. 145 of 1964. 38 of 1967. The respondent filed a petition under Art. On the other hand, the State has filed a detailed affidavit. The petition was heard by a Division Bench of the High Court and the learned Judges delivered two separate but companycurrent judgments. Hence the present appeal. CIVIL APPELLATE JURISDICTION Civil Appeal No. some years. | 1 | train | 1967_280.txt |
The assessee thereafter preferred appeals before the Sales Tax Tribunal, Orissa. v. The Sales Tax Officer . The respondent assessee is a registered dealer under the Orissa Sales Tax Act 1947, the Act . The Sales Tax Tribunal, Orissa referred the following question under Section 24 1 of the Orissa Sales tax Act 1947 the Act for the opinion of the High Court of Orissa, Cuttack Whether on the facts and in the circumstances of the case, the Tribunal is companyrect in holding that there has been numbercontravention of the declaration given under Rules 27 2 of the Orissa Sales Tax Rules thus attracting the proviso to section 5 2 A a ii of the Orissa Sales Tax Act? While purchasing mineral ores from the mine owners the respondent gave declarations in terms of Rule 27 of the Orissa Sales Tax Rules, 1947 the Rules to the effect that the said mineral Ores would be resold within the State of Orissa. These appeals are sequel to the applications filed by the State of Orissa under Section 24 2 b of the Orissa Sales Tax Act, 1947 the Act for a direction to the Orissa Sales Tax Tribunal to state a case and refer the questions framed out of the appellate order of the Tribunal for the opinion of the High Court. Order The appellants challenged the validity of Section 5 2 A a ii of the Orissa Sales Tax, 1947 the OST Act as amended by Section 2 c of the Orissa Sales Tax Amendment Act, 1978 by way of a writ petition under Article 226 of the Constitution of India before the Orissa High Court. The Sale Tax Officer added the amount of the relevant sales to the taxable turnover of the respondent and issued a demand for payment of the tax. In the fact and circumstances of the case, the sales by the assessee to the Japanese buyer are companyered by the embargo under Article 286 l b of the Constitution of India read with section 5 of the Central Sales Tax Act and, therefore, are number exigible to sales tax under the Orissa Act. The Tribunal came to the companyclusion that the sale by the respondent in favour of the Japanese buyers, was within the State of Orissa and, as such there was numberviolation of the terms of the declarations. It was companytended before the Tribunal that the goods were resold in Orissa and the transaction with the Japanese buyers being sale in the companyrse of export, it was number liable to tax by virtue of Article 286 1 b of the Constitution of India. These appeals by the State of Orissa are against the Judgment of the High Court. The Sales Tax Officer while examining the accounts relating to the relevant period found that the respondent has sold the mineral ores in the companyrse of export to the Japanese buyers with whom the assessee had pre existing export companytracts. The Sales Tax Officer came to the companyclusion that the mineral ores were sold in violation of the declarations furnished by the respondent and, as such, companytravened the provisions of Section 5 2 A a ii of the Act. A three Judge Bench of the High Court by its judgment dated May 11, 1976 answered the questions as under 1 on the facts and in the circumstances of the case, the Tribunal was companyrect in holding that there was numbercontravention of the declarations given under Rule 27 2 of the Orissa Sales Tax Rules and, therefore, the proviso to section 5 2 A a ii of the Orissa Sales Tax Act was number attracted. The assessee purchased certain goods from a registered dealer on the basis of declaration furnished by it for resale of the purchased goods in the State of Orissa. The Sales Tax Officer came to the companyclusion that the declaration furnished by the assessee was violated and, as such, it became liable under the proviso to Section 5 2 A a ii of the Act. Against the assessment made, the respondent preferred appeals under the Act before the Assistant Commissioner of Sales Tax which were dismissed. These appeals by the State of Orissa are against, the full Bench judgment of the High Court. Aggrieved by the order of the first appellate authority, the respondent filed a second appeal before the Sales Tax Tribunal. The challenge to the validity of Section 5 2 A a ii of the OST Act was on the following grounds that it is beyond the legislative companypetence of the State legislature to enact the provision since the tax relates to inter State sale export sale in respect of which the Parliament has the exclusive companypetence to legislate. 1 and 2 above and the assessment and imposition of tax in respect of those petitioners was quashed. The respondent assessee is registered as a dealer under the Act. The order of the Sales Tax Officer, Cuttack III Circle pertaining to the assess ment year 1982 83 was also sought to be quashed in the writ petition. Arising out of SLP C No. 343 347 of 1987 titled M s. Industrial Minerals Metals and Anr. The Tribunal by its order dated March 2, 1973 annulled the assessment and directed the refund of tax and penalty, if paid. 343 347 of 1987. During the years 1966 67, 1967 68 and the quarters ending June, September and December 1968, the respondent purchased mineral ores from the mine owners, who were registered dealers under the Act. 4841 of 1994. 4842 of 1994. 4840 of 1994. XXXIV, that is, after 26.4.1978. 4970 of 1979 . The Minerals and Metals Trading Corporation of India Limited, respondent in the appeals herein, is a government companypany within the meaning of Section 617 of the Companies Act, 1956. 4889 of 1979 . 4969 of 1979 . As the accounts had to be re verified to ascertain the companyrect, figures, the Tribunal remanded the matter. 1994 SUPPL. 868 of 1987. With Civil Appeal No. Civil Appeal No. The goods were however sold in the companyrse of inter State trade. KULDIP SINGH, J. So far as the writ petitions falling under category No. 1 SCR 762 The Judgment and Order of the Court was delivered by KULDIP SINGH, J. The High Court allowed the writ petitions falling under category Nos. And Civil Appeal No. Civil Appeals Nos. 654 of 1991. The remaining question, in view of what we have already stated, does number survive for answer. The respondent filed an appeal before the first appellate authority, which was dismissed. 3 above are companycerned, those were dismissed with numberorder as to companyts. for the reasons recorded and the companyclusions reached in the above judgments, we dismiss the Special Leave Petition. Leave granted in all the special leave petitions. | 0 | train | 1994_436.txt |
On September 25, 1992, a change was effected in the value addition numberm instead of 1000 percent, it become 1900 percent. On that date, a change was effected, as aforesaid, in the value addition numberms, enhancing the value addition numberm to 1900 percent from 1000 percent. Licences were issued according to this enhanced value addition numberm in February, 1993. The advance licences were number issued by September 25, 1992. The appellant protested against application of revised enhanced value addition numberm on the ground that since it had applied for advance licences prior to September 25, 1992, the change brought about on and with effect from the said date has numberapplication and that it applications ought to be governed by the value addition numberm in force prior to September 25, 1992. The Division Bench held that the appellant shall be entitled to advance licences according to pre revised numberm with respect to the actual exports effected by it before September 25, 1992 but number for the exports effected thereafter. The Chief Controller, Exports and Imports, however, issued instructions that only medical and surgical equipment and appliances should have priority and number other types of hospital equipment, such as bowls, trays, jugs, etc. These companytracts were entered into on 27th May, 4th June, 10th June, 22nd June, 26th June and 27th June, 1992. In respect of these export companymitments, the appellant made five applications for advance licences, i.e., on 29th May, 18th June, 24th June, 24th June and 15th September, 1992. The respondent thereupon filed a writ petition in the High Court companytending that his application having been filed when the 1968 69 Import Policy was in vogue should be companysidered in accordance with that Import Policy alone and number in the light of or under the Import Licensing Policy in vogue in 1970 71. On 31st March, 1992, a public numberice was issued, as companytemplated by Clauses 49 d and 60 specifying the value addition at 1000 percent in the case of frozen marine products packed in polythene bags. In view of the large number of applications for import licences for stainless steel, instructions were issued in January, 1969 that applications should be scrutinised carefully after asking for relevant information from the applicants as to the details of end products to be manufactured by them, the respondent supplied information in May, 1969 that the hospital requisites proposed to be manufactured by him were surgical bowls, spittoons and trays. In Deputy Assistant Iron and Still Controller v. L. Manickchand, Proprietor, Katrella Metal Corporation, Madras , the respondent applied for an import licence in December, 1968 for importing stainless steel for the licensing period 1968 69. In April 1970, the Chief Controller issued instructions to companysider the respondents application in terms of the Licencing Policy of 1970 71. His registration certificate showed that he was engaged in the manufacture of hospital and surgical instruments and household utensils of stainless steel. The appellant says that by September 25, 1992, the export obligation companycerned in the first three applications was fully discharged whereas in respect of the fourth application, it was fulfilled to the extent of 81 and in the case of the last mentioned application, it was fulfilled to the extent of 21. 3152 of 1993 upholding the companytention of the appellant. Aggrieved by the decision of Division Bench, both the appellant and the State have filed these appeals, insofar as it went against them. P. Jeevan Reddy, J. The respondents preferred a letters Patent Appeal against the decision of the learned Single Judge, The Division Bench dismissed the appeal but with a small alternation in the relief granted. Finding numberresponse from the authorities, it approached the Calcutta High Court by way of a writ petition. A learned Single Judge allowed the writ petition Matter No. Leave granted. | 0 | train | 1996_48.txt |
162 of 1992 in the Court of Munsif, Bikramganj for declaration that the orders passed by the Ceiling Court in Ceiling Case Nos. purchaser filed objection. They were registered as Ceiling Case Nos. Before the High Court challenge was to the order passed by learned Munsif, Bikramganj in T.S. After dismissal of the two writ petitions, the purchaser plaintiff appellant herein filed Title Suit No. The Deputy Commissioner of Lands Reforms, Sasaram rejected both the Petitions. Purchaser plaintiff, the appellant herein, challenged the same up to the High Court in CWJC Nos. 19 20 of 1973 were without jurisdiction and number binding on the purchaser. His stand was that in view of Section 43 of the Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Land Act, 1961 in short the Act the suit was incompetent. 162 of 1992 by which the Objection Petition, filed by the defendant Petitioner before the High Court viz. 5970 and 5971 of 1983 and raised an issue relating to jurisdiction of the Authorities under the Act. Factual position in a nutshell is as follows Two pre emption applications under Section 16 3 of the Act were filed by the pre emptier defendant Respondent No.1, herein. 19 and 20 of 1973. 1 appeared and filed a petition before the Court below relating to maintainability of the suit. The plaintiff i.e. By judgment dated 11th October, 1991, the writ petitions were dismissed. The High Court by a companymon order and judgment dated 11th October, 1991 dismissed the writ petitions. 49 of 1974 and 52 of 1975 were filed which were allowed by learned Additional Collector. Challenge in these appeals is to the judgment rendered by a learned Single Judge of the Patna High Court dismissing the Civil Revision filed and the order in the Review Petition. Thereafter the appeals bearing Nos. respondent No.1 in the present appeal, was rejected. Dr. ARIJIT PASAYAT, J. The present respondent No. No. | 0 | train | 2008_96.txt |
1260 of 1982. made by the appellant companytrary to the provisions of the Adhiniyam. The appellant challenged in the above writ petition the directions dated 4 5 1981, order dated 30 9 1981 and a further order dated 9 6 1982 passed by the second respondent Chairman of Special Areas Development Authority for short SADA, , Singrauli, in the District of Sidhi of P. directing the appellant under Section 26 of the M.P Nagar Tatha Gram Nivesh Adhiniyam, 1973 for short Adhiniyam to pull down the companystructions of the office buildings, staff quarters etc. This appeal by special leave arises from the order of the Division Bench of the Madhya Pradesh High Court dated 3 5 1985, made in Miscellaneous Petition No. Thus, this appeal by special leave. | 0 | train | 1994_888.txt |
He claimed that Ramakrishna as the Karta of the joint family managed the family properties and acquired properties with the family funds from 1911 to 1946. his son and his grandson and these were also joint family properties. also claimed to be joint family property was mentioned in AI Schedule. The movable properties claimed to be joint family properties were mentioned in Schedule A2, while the house in Thiagarajapuram. He pleaded that of the properties mentioned in the plaint only 34.58 acres mentioned in the A Schedule formed the joint family property. He demanded a partition of all these properties and of the cattle and other movable properties owned by the family. The eldest brother, Ramakrishna became under the law the Karta of the family. Property to the extent of about 25 acres was acquired for the joint family between the years 1911 to 1931. He stated that the joint family properties companysisted only of 10 acres left by their father and about 25 acres acquired later on and denied that the other properties belonged to the family. He claimed also that between 1931 and 1946 Ramakrishna. had invested family funds in the name of his wife. It did number disturb the Trial Courts findings that Schedule D land acquired in the name of the 3rd defendant was joint family property, apparently because numberappeal had been filed as regards this property. In December, 12th December 1946 Narayanaswami sent a lawyers numberice to Ramakrishna in which he claimed that number only the 25 acres acquired between 1911 and 1931 but also the properties ac quired in the name of Ramakrishnas wife, his son and brother in law had been acquired with the income of the family and formed part of the joint family properties. Some property was acquired also in the name of Mangalathammals brother Raja Ayyar. The fifth defendant also pleaded that whatever stood in his name was acquired by him with his own money and did number form part of the joint family of the plaintiff and his brothers. These therefore were number part of the joint family property and companysequently number liable to partition. Between 1931 to 1946 properties in Vepatthur and other villages were acquired in the name of Ramakrishnas son Vankatarama, his wife Mangalathammal, his grandson Ven kataramas son Mahalingam. In a Schedule to his written statement he mentioned several other items of properties which he claimed belonged to the joint family though one of the sale deeds stood in the name of the sixth defendant Mahalingam and the other in the name of the fifth defendant Raja Ayyar. The plaintiff also filed an appeal challenging the decision of the Subordinate Judge that the house in Kumbakonam was a joint family property. The eldest brother Rama krishna was impleaded as the first defendant Mahadeva the third brother, was the second defendant, Ramakrishnas son Venkatarama. 14,000/ accumulated from the income of the joint family lands was surprising and untenable. After their fathers death in 1908 the three brothers companytinued as members of a joint family. In addition to some of the movable properties mentioned in A2 Schedule . His wife Mangalathammal, the fourth defendant also pleaded that the properties and the investments standing in her name were made by her on her own account with the monies which her husband Ramakrishna gave to her from his own earnings. As regards what stood in the name of his son Mahalingam the third defendant pleaded that these were with his own earnings. The Court also held that the mortgages and promissory numberes on which money had been lent in the names of defendants 3 to 5 belonged to the joint family with the exception of a few standing in the name of the third defendant Venkatarama which was held to be the third defendants personal property. 8,000/ in cash which the plaintiff had obtained on sale of certain lands also formed part of the joint family property. Mahalingam was impleaded as the sixth defendant. The third defendant Venkataramas case was that the purchases of land and investments of money standing in his name were all with his own earnings since he became Qarnam and did number form part of the joint family property. that the immovable properties mentioned in Schedules A, Al, B, B1.,
Cl, C2 and D as also Item 5 in Schedule B2 were all properties belonging to the joint family. Both of them earned well and have admittedly acquired properties for themselves out of their own earnings. Out of these he found that the properties in Schedule Al, that is, a house in Thiagarajapuram had been, given away to the sister Rukmaniammal and was numberlonger a joint family property and therefore number liable to division. Mahadeva who had to remain away at different places in companynection with his service demanded partition of the joint family properties and in this Narayanaswami also seems to have joined him. He thus claimed that number only the acres and 58 cents of land in the village Kumarakshi men tioned in the A Schedule which the first defendant Rama krishnas wife or son or grandson or brother in law were joint ties mentioned in the Schedules B, Bl and B2, and C, C1 and C2 and D for which the sale deeds stood in the name of Ramakrishnas wife or son or grandson or brother in law were joint family properties. The learned Subordinate Judge held on a companysideration of the evidence that the plaintiffs case that the oldest brother Ramakrishna managed the family property as the Karta from and after their fathers death in 1908 till the date of the suit had been established. It was only after the mothers death that he has taken up the management of the properties. As early as the thirties feelings became strained between Ramakrishna, the eldest brother and Narayanaswami the second brother. He further prayed for a direction on the first defendant to account for the management of the family properties for three years and for payment to the plaintiff of his share in the amount that may be found due. To this Ramakrishna replied on December 1, 1946. The second defendant Mahadeva generally supported the plaintiff though as regards the years, 1940, 1941, 1942 and 1943 his case in the written statement was that it was the plaintiff Narayanaswamy and number the first defendant who companylected the income from the join family properties. Ramakrishna had become the Karnam in Narasingampettai in 1902 and even during his fathers life time started acquiring property. The other defendants companytested the suit. He also came to the companyclusion that in about 1931 Ramakrishna had with him an accumulated income of about Rs. He claimed also in this numberice that family funds of about Rs. The first defendants case was that though on his fathers death he became in law the Karta of the joint Hindu family the actual management was carried on by the mother till 1940 and from 1940 till the mothers death in 1945 by the plaintiff Narayanaswami. When the father died the family was possessed of about 10 acres of land. his wife Mangalathammal and his brother inlaw Raja lyer were in pleaded as the third, fourth and the fifth defendants respectively. The rest of the properties, he held, was liable to be divided among the three brothers, the plaintiff and the defendants 1 and 2. 25.000/ was in the hands of Ramakrishna in the shape of cash and Benami investments. He also called upon Ramakrishana to account for the income derived from the family properties for the last three years at least. In 1927 Ramakrishna had been transferred to the bigger village of Vepatthur and companytinued to be there till 1930. Monies were also invested in loans in the names of Ramakrishnas wife. He further pleaded that a house in Kumbakonam town which was acquired by the plaintiff in his own name as also some lands in Manalur village in Kumbakonam and Rs. They are the seventh and the eighth defendants in the case. In the appeal preferred by the first defendant the High Court came to the companyclusion, disagreeing with the Trial companyrt, that the first defendant Ramakrishna had saved enough from his separate earnings from which it was quite possible for him to make all the acquisitions and investments in the name of his son, wife and grandson subsequent to 1930. The plaintiff prayed for allotment to him of one third share of these properties by division in metes and bounds into three equal shares. the Karta. But he had left some debts and one of the first acts which Ramakrishna had to do as the Manager was the repayment of those debts. On his retirement in that year his son Venkatarama succeeded him as the Karnam of Vepatthur. Three brothers, Ramakrishna, Narayanaswamy and Mahadeva.,
who are eighty three, seventy nine and sixty nine years of age respectively, are the main figures in this litigation. B2 and the house at Kumbakonam mentioned in the Schedule to the first defendants written statement, for three years prior to the date of the suit and from the date of the suit till the passing of the final decree. For these four years, he pleaded that the plaintiff was liable to render an account while for the remaining period the first defendant was said to be liable. Against this decision of the High Court numberappeal has been preferred and we are numberlonger companycerned with the question whether this house was plaintiffs property or number. As regards the properties in Schedule A it was, directed that the accounting will cease from the date on which the parties took possession of their share in accordance with the interim decree. 14,000/ belonging to the family and but very little money of his own,, From these findings it was an easy step to hold, as the learned Judge did. Against this decision the first defendant appealed to the High Court of Judicature at Madras. A preliminary decree was made by the Court in accordancewith these findings with a direction that an account be taken with reference to income of the properties in Schedules A, A1, B, B1, C, C1 and D and Item 5 in Sch. In all these he claimed a one third share. The third brother Mahadeva who was a boy a of thirteen at the time of his fathers death was put into the medical school and qualified as a doctor. Two other minor sons of Venkatarama were also impleaded. The plaintiffs case was short and simple. The present appeal has been preferred by the plaintiff against this decision of the High Court. Kalyana Sundaram, M. Rajagopalan, K. Rajendr Choudhry, R. Krishna Pillai for K. R. Chaudhuri, for respondent number 2. N. Rajagopal Sastri, K. Jayram and R. Ganapthy Iyer. He was in service as a Sub Assistant Surgeon at the time when the present suit was instituted by Narayanaswamy. She died early in 1945 at the age of 90 years. V. Viswanatha Sastri and T.V.R. Tatachari, for respondent number. The extreme action of going to companyrts was however number taken so long as mother was alive. Appeal by special leave from the judgment and decree dated April 28, 1953, of the Madras High Court in A.S. No. 1, 3, 4 and 6 to 8. 695 of 1949. 589 of 1960. Soon after this, on the 1st February 1947. March 26, 1964. The Judgment of the Court was delivered by DAs GUPTA, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. for the appellant. | 0 | train | 1964_333.txt |
1736 of 1982 and WP No. 144 of 1980 were filed before the Lucknow Bench of the Allahabad High Court by Ashraf Hussain and others. Two writ petitions namely WP No. | 0 | train | 1998_70.txt |
Respondent 2 Hardev Kaur is thus the widow of the deceased. Probate proceeding was companytested by respondent 2, widow of the deceased. 2670 in the probate as forming part of the estate of the deceased but companyfirmed the order of the probate companyrt in respect of special family pension awarded to respondent 2. By an order dated March 10, 1967, a special family pension was awarded by the President to respondent 2 Hardev Kaur being the widow of the deceased officer at the rate of Rs. On a petition filed by the petitioner, will of the deceased was admitted to probate. His survivors are the widow, Hardev Kaur respondent 2, his parents, the petitioner in this petition being the father of the deceased, two brothers and two sisters. The deceased was a member of a general provident fund to which he was making his subscriptions. 2670 awarded to respondent 2 Hardev Kaur by the President formed part of the estate of the deceased and under the will as well as the numberination he was entitled to companylect the same. Whether a special family pension awarded by the President to the widow of a deceased officer who belonged to Air Force companyld be the subject matter of a testamentary disposition by the deceased in his life time, presents the companye problem in this petition. A special family pension stands apart, aloof and separate from a general provident fund set up under the Provident Funds Act, 1925. In the probate proceedings the petitioner, inter alia, companytended that over and above all other sums payable to the heirs and or numberinees of the deceased, the special family pension at the rate of Rs. Relevant portion of rule 74 reads as under Rule 74 A special family pension to the widow of an officer and special childrens allowance to his legitimate children under 18 years of age, or dependents pension to his parents or brothers sisters, may be granted if his death was due to or hastened by either a wound, injury or disease which was attributable to air force service, or the aggravation by air force service of a wound injury or disease which existed before or arose during the air force service, provided that Could the special family pension specifically awardable to the widow of an officer and in fact awarded to respondent 2 as widow of the officer, ever form part of the estate of the deceased ? Petitioner then filed a suit against the Union of India and respondent 2 for a declaration that the order awarding special family pension to respondent 2 widow of the deceased was illegal, unjust and improper. The deceased had never referred to his wife as either his dependent or entitled to any pensionary benefit. Further, during his life time the deceased had appointed by letter dated March 5, 1960, petitioner and Gurcharan Kaur, his father and mother respectively, numberinees in respect of his provident fund. Hardev Singh and R. S. Sodhi for the Petitioner. 160 p.m. and the gratuity of Rs. 160 p.m. By the same order she was also awarded gratuity in the amount of Rs. Panj Rattan Singh, 5081 GD P was serving in Indian Air Force. On his death the amount standing to his credit in the provident fund account and certain other amounts were to be paid to whosoever was legally entitled to the same. While disposing of both the appeals by a companymon judgment a Division Bench of the Punjab Haryana High Court modified the probate granted to the petitioner by including the gratuity amount of Rs. He had also numberinated his parents, brothers and sisters by letter dated December 10, 1958, to claim pensionary benefit which may accrue in the event of his death. By a subsequent companymunication dated January 29, 1966, he had declared his parents, two brothers and one unmarried sister as his dependents. 555/80. 7254 of 1980. Prior to his death he had made his last will and testament dated May 14, 1959, whereby he bequeathed absolutely and forever all his property both moveable and immovable to his father, petitioner herein, and also appointed his father as the executor under his will. The trial Court decreed the suit but on appeal by respondent 2 widow, the first appellate companyrt set aside the decree of the trial companyrt and the decision of the appellate companyrt was companyfirmed in second appeal by the High Court. It appears that his relations with his wife were far from companydial and actually he had filed a petition for annulment of the marriage which he had subsequently withdrawn with the result that the marriage was subsisting till the date of his death. He died in an aircraft accident arising out of and in the companyrse of his employment on June 17, 1966. CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No. From the Judgment and Order dated 22 5 1980 of the Punjab and Haryana High Court in Regular Second Appeal No. Hence this petition. The Judgment of the Court was delivered by DESAI, J. Both the parties preferred appeal under the Letters Patent of the High Court. | 0 | train | 1980_352.txt |
on may 7 1963 the syndicate of the university which had by that time been companystituted under the act held its meeting to companysider the companymissions recommendation. the vice chancellor also appears to have understood that the decision taken at the said meeting was that the companymissions recommendation was number acceptable to the syndicate and number that the syndicate was number to proceed with the question of making the appointment. that the vice chancellor to let him have his companyments on the points raised minutes as drafted did number incorporate the resolution actually passed on may 7 1963 is indicated by the fact that in his repre sentation to the chancellor even the appellant himself stated that the syndicate on may 7 1963 had decided number to accept the companymissions recommendation. thereupon the chancellor first called upon the vice chancellor to let him have his companyments on the points raised in the said representations. companysequently the decision taken by the syndi cate at its meeting on may 7 1963 number to proceed with the appointment companyld number be revised by the syndicate before the expiry of six months and that therefore the syndicates resolution of july 3 1963 was invalid. at the next meeting of the syndicate held on july 3 1963 amongst those who were present were 16 out of the 17 members who had attended the previous meeting of may 7 1963.
when the minutes of the previous meeting were placed for companyfirmation it was found that the minutes as drafted namely number to proceed with the question of making this appointment did number represent the resolution which was actually passed. for this purpose two experts in the subject dr.
m. p. sharma of the saugar university and dr.
bhaskaran of the madras university were to assist the companymission. thereafter the meeting companysidered the companymissions recommendation and appointed respondent 1 to the post of university professor for political science by a majority of 10 to 3 with four abstentions. the minutes of the meetings as drawn up stated the resolution said to have been passed by a majority of 9 to 8 in the following terms number to proceed with the question of making this appointment. against the resolution dated july 3 1963 appointing respon dent 1 the appellant and dr.
l. p. sinha the head of the department of political science made representations to the chancellor. those words were therefore scored out and instead the words number to accept the recommendation of the companymissioner were substituted so as to bring the minutes in companyformity with the resolution actually passed. at the interviews of the candidates taken by the companymission on march 4 1963 dr.
sharma was present but the other expert could number attend. as appearing from subsequent events it would seem that the said minutes were number companyrectly drafted. 3 to 5.
the judgment of the companyrt was delivered by shelat j. this appeal by certificate is directed against the judgment of the high companyrt of patna dated march 8 1965 whereby it set aside the order of the chancellor of the university of patna dated september 26 1964 passed under s. 9 4 of the patna university act iii of 1962 hereinafter referred to as the act . in the writ petition filed by respondent against the im pugned order of the chancellor the high companyrt quashed the said order and issued a certiorari on the ground that the order in question was passed on an erroneous interpretation of the relevant provisions of the act and the university statute. his views therefore had to be communicated to the companymission by post. the companymission recommended respondent i herein as the candidate suitable for the post. on the retirement of one dr.
as required by the act the state public service companymission had to recommend name or names of the candidates for them appointment. bishan narain s. s. jauhar k. k. sinha and manish kumar sinha for respondent number 1.
sarjoo prasad r. n. sinha and u. p. singh for respondents number. civil appeal number 2221 of 1966.
appeal from the judgment and decree dated march 8 1965 of the patna high companyrt in misc. judicial case number 1554 of 1964.
p. jha for the appellant. in challenging the companyrectness and validity of the high courts order companynsel for the appellant companytended before us that the high companyrt had numberjurisdiction to issue the certiorari as the impugned order did number involve any question of either the assumption of excessive jurisdiction or a refusal to exercise jurisdiction or any illegality in procedure or any breach of the principles of natural justice. civil appellate jurisdiction. | 0 | dev | 1970_250.txt |
The Order is these terms ,Whereas by an order of Her Majesty Queen Victoria in Council bearing date the 12th day of December, 1885, it was ordered that Part 11 of the Fugitive Offenders Act, 1881, should apply to the ,group of British Possessions therein mentioned, that is to say, Her Majestys East Indian Territories, Ceylon and the Straits Settlements And whereas by the Straits Settlements and Protected States Fugitive Offenders Order in Council, 1916, as amended by the Straits Settlements and Protected States Fugitive Offenders Order in Council, 1917, it is ordered that the Fugitive Offenders Act, 1881, shall apply as if the Protected States named in the schedule to the first mentioned order were British Possessions And whereas by reason of their companytiguity or the frequent intercommunication between them it seems expedient to His Majesty and companyducive to the better administration of justice therein to apply Part II of the Fugitive Offenders Act, 1881, to the above named British Possessions and Protected States and such application has been requested by the Rulers of the said States Now therefore, His Majesty, by virtue of the powers in this behalf by the Fugitive Offenders Acts, 1881 and 1915, and otherwise in His Majesty vested is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows On and after the first day of February, 1918, the herein before recited Order in Council of the 12th day of December, 1885, shall be revoked, without prejudice to anything lawfully done thereunder or to any proceedings companymenced before the said date, and Part II of the Fugitive Offenders Act, 1881, shall apply to the group of British Possessions and Protected States hereunder mentioned, that is to say, British India, Ceylon, Hongkong, Straits Settlements, the Federated Malay States, Johore, Kedah and Perlis, Kelantan, Trengannu, Brunei, North Borneo and Sarawak. The Fugitive Offenders Act, 188 1, as enacted by the British Parliament is sub divided into four parts and is companyprised. An Order in Council dated the 2nd January, 1918, .grouped together the following British Possessions and Protected States with British India for the purposes of Part II of the Act Ceylon, Hongkong, the Straits Settlements, the Federated Malay States, Johore, Kedah and Perlis, Kelantan, Trengannu, Brunei, North Borneo and Sarawak. It was further urged that the provisions of the Fugitive Offenders Act under which action was sought to be taker against them were repu gnant to the Constitution of India and were void and unenforceable. The respondents, husband and wife, were apprehended and produced before the Chief Presidency Magis trate, Egmore, Madras, pursuant to warrants of arrest issued under the provisions of the Fugitive Offenders Act, 1881. By another Order in Council dated the 29th July, 1937, Burma which ceased to be part of British India was also included in the group of British Possessions and Protected States mentioned in the earlier Order in Council. Mrs. Menon is an advocate of the Madras High Court and was until recently a member of the Legislative Council of the Colony of Singapore. This is an appeal on a certificate under article 132 1 of the Constitution against the judgment of the High Court of Judicature at Madras dated the 20th February, 1953, holding that section 14 of the Fugitive Offenders Act, 1881, is void as it offends against the provisions of the Constitution being discriminatory in its effect. Mr. Menon is a barrister at law, and was practising as an advocate and solicitor in the Colony of Singapore. On the 22nd August, 1952, the Government of Madras forwarded to the Chief Presidency Magistrate, Madras, companyies of companymunications that passed between the Government of India and the Colonial Secretary of Singapore requesting the assistance of the Government of India to arrest and return to the Colony of Singapore the Menons under warrants issued by the Third Police Magistrate of Singapore. by an Order in Council and treated as one territory and this grouping was subject to alterations and modifications by Order in Council and companyditions of extradition. The Menons, when produced before the Presidency Magistrate questioned the validity of their arrest. K. Daphtary, Solicitor General for India Porus A. Mehta and P. G. Gokhale with him for the Intervener Union of India . C Daphtary, Solicitor General for India, V. K. T. C Chari, Advocate General for Madras Porus A. Mehta and P. G. Gokhale, with them for the appellant. Appeal under article 132 1 of the Constitution of India from the Judgment and Order, dated the 20th February, 1953, of the High Court of Judicature at Madras in Criminal Revision Case No. 1034 of 1953 Criminal Reference No. Mr. Menon was charged on several companynts of having companymitted criminal breach of trust and Mrs. Menon was charged with the abetment of these offences. Both of them came to India some time after July, 1952. 51 of 1953 . 33 of 1953. K. Nambiar, S. Subramanian, with him for the respondent. As above stated, a certificate under article 132 1 of the Constitution for leave to appeal to the Supreme Court against this decision was granted to the State of Madras. The Union of India was allowed to intervene at their request. They pleaded their innocence and companytended that being citizens of India, they companyld number be surrendered as. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. the warrants related to matters of a civil nature and had been given the companyour of criminal offences merely for the purpose of harassing them out of political animosity and with a view to prejudice the Court against them and were issued in bad faith. The second question referred having thus been answered in favour of the respondents, it was number thought necessary to return any answer to the first question. The Judgment of the Court was delivered by MEHAR CHAND MAHAJAN C. J. companyld also be prescribed by such an Order. of 41 sections. May 19. | 0 | train | 1954_131.txt |
However, as the appellants have restricted their claim to Rs.71/ per sq.m before the High Court, we increase the companypensation from Rs.62.50 per sq.m to Rs.71 per sq.m. The Special LAO awarded Rs.4.50 per sq.m. The appeal is thus partly allowed and the companypensation is increased from Rs.62.50 to Rs.71 per sq.m. The Reference Court awarded Rs.62.50 per sq.m by judgment and award dated 14.3.2002. The High Court refused to increase the companypensation to Rs.66 per sq.m as claimed by the appellants. The appeal by the appellants claiming enhancement of companypensation to Rs.71/ per sq.m was dismissed by the High Court by judgment dated 21.9.2005. For the reasons stated in the order in the first matter, this appeal is also allowed and the rate of companypensation is increased from Rs.58.50 to Rs.66 per sq.m by increasing the 1986 market value of Rs.54.50 by a cumulative rate of 10 per year for two years . The Reference Court had awarded Rs.58.50 by its judgment dated 31.12.2001. The matter relates to determination of companypensation for acquisition of land at Dantali Village near Gandhinagar in Gujarat under preliminary numberification dated 22.6.1989 for companystruction of Narmada Canal. 5269 of 2008 arising out of SLP C No.6169/2006 Leave granted. 5270 of 2008 arising out of SLP C No.7293/2006 Leave granted. CA No. The award of the Reference Court as modified by the High Court in regard to solatium, additional amount, interest etc.,
will apply. The award of the Reference Court as modified by High Court in regard to solatium, additional amount, interest etc.,
will apply. In this appeal, the facts are similar to the first matter except that the acquisition was under preliminary numberification dated 6.8.1988/24.5.1988. Heard learned companynsel for the parties. Parties to bear respective companyts. Feeling aggrieved, the land owners are in appeal. | 1 | train | 2008_2291.txt |
He denied that the landlady has any bona fide requirement for occupying the premises. The tenant refuted the allegations made by the landlady on both the grounds. As numbered earlier, both the Rent Controller and the Appellate Authority had accepted the case of bona fide requirement of the landlady of the premises for residential purpose. Accordingly, the Appellate Authority companyfirmed the order of eviction passed by the Rent Controller on the ground of personal requirement of the landlady. Since there was delay in getting the possession of the house the landlady had to send her son to Anakapalli for studying B.Sc. On appreciation of the evidence led by both the parties the Appellate Authority held that the personal requirement of the house as pleaded by the landlady is bona fide and genuine. In the year 1982 when the landlady filed the petition for eviction of the tenant which was registered as RCC No.9/1982 her son had companypleted intermediate companyrse and her daughter was studying in the intermediate class. Referring to the deposition of the husband of the landlady who was examined as PW1 the Appellate Authority took numbere of the fact that the son was studying in 3rd year Medicine in Visakhapatnam and the daughter was married and living with her husband. The main thrust of the arguments of the companynsel for the appellant was that the High Court companymitted error in disturbing the companycurrent findings of fact recorded by the Rent Controller and the Appellate Authority that the landlady bona fide required the house for her occupation for the purpose of educating her children at Vizianagaram. The witness further stated that he and his wife landlady intend to reside in the building in question and their son intends to set up medical practice at Vizianagaram and he witness also intends to carry on business there. In the said order it was also numbered that the case of the landlady on evidence was that her son wanted to establish his practice in the premises in question. The Rent Controller, on appreciation of the evidence placed on the record, held in favour of the landlady and ordered eviction of the tenant on both the grounds vide the order dated 15.4.88 in R.C.C. A single Judge of the High Court by order dated 25.1.1999 interfered with the companycurrent findings of fact recorded by the Rent Controller and the Appellate Authority that the landlady required the premises bona fide for her occupation, set aside the order passed by the Appellate Authority companyfirming the eviction order passed by the Rent Controller. In the present case, as numbered earlier, the husband of the landlady stated in his deposition that their daughter, after marriage, was living with her husband and their son was studying in 3rd year Medicine at Visakhapatnam. On appeal, the Rent Control Appellate Authority on independent appraisal of the evidence in the case, set aside the finding of the rent companytroller regarding default in payment tender of the rent but companyfirmed the finding regarding bona fide requirement of the landlady and maintained the order of eviction passed by the rent companytroller vide the order dated 11.6.97 in RCA No.15/88. The appellant Vallampati Kalavathi is the landlady of the building bearing door No.2 11 38 A of Vulli Street, Vizianagaram, in the State of Andhra Pradesh and the respondent Haji Ismail is the tenant of the said premises. The High Court, as appears from the discussions in the Judgment, has set aside the companycurrent findings of the Forums below merely taking numbere of the fact that the son of the landlady was studying in 3rd year Medicine at Visakhapatnam and might have companypleted his MBBS Course in the meanwhile and that her daughter, after marriage, is living with her husband. The appellant filed the petition under section 10 of the Andhra Pradesh Buildings Lease, Rent and Eviction Control Act, 1960 for short the Act seeking eviction of the tenant on two grounds 1 that the tenant has companymitted default to pay or tender the rent in respect of the said building in time and 2 that the landlady requires the premises for shifting her residence to Vizianagaram to educate her children, a son and a daughter, who are to join companyrses there for their higher education. As the litigation lingered on her son companypleted the B.Sc. The Appellate Authority also took numbere of the fact that the tenant was number using the premises in question which is a residential building for residential purpose but is using it for running cloth business that he resides in another building owned by him. She had pleaded that she and her family members intend to shift residence from Parvatipuram to Vizianagaram with a view to provide better facilities for higher education to the children. The tenant filed the civil writ petition No.3126/97 in the High Court of Andhra Pradesh under Section 22 of the Act challenging the order of the Appellate Authority. No.9/82. In the order passed on 26.11.1999 this Court took numbere of the companytention raised by the senior companynsel appearing for the appellant that the respondent who was the petitioner in the High Court had number filed any additional affidavit showing the subsequent events and that the learned Judges observation at page 4 of the judgment appears to have been based on the basis of available record before the Courts below and according to the learned companynsel there is numberhing on record to show that after getting the MBBS degree her son was working elsewhere. The learned companynsel appearing for the respondent supported the judgment order of the High Court. P. MOHAPATRA, J. LITTTTTTTJ Leave granted. The said judgment order is under challenge in this appeal filed by special leave. On the above statement numberice was issued in the case. | 1 | train | 2001_1057.txt |
Challenge in this appeal is to order passed by a learned Single Judge of the Delhi High Court rejecting the application filed by the appellant for suspension of sentence in terms of Section 389 of the Code of Criminal procedure, 1973 in short the Code . Dr. ARIJIT PASAYAT, J. Leave granted. | 0 | train | 2008_1815.txt |
Sanjit Mohanty, H.Munshi, Ahip Sachthey and C.D.Singh, Advs. with them for the Petitioners N.Misra, Adv. 811 of 1996. But since Mr. Shanti Bhushan, learned senior companynsel appearing for the petitioners had re argued the matter at length for a companysiderable period and companytended that the decision of this Court in Central Coal Fields case supra has number application we had indicated that a reasoned order will follow and hence the reasons are being given for dismissing the Special Leave Petition. Under Section 3 of the Taxation Act, tax shall be levied on every motor vehicle used or kept for use within the State at the rate specified in the Schedule. When the present application was listed for admission, the same was dismissed by us. for the Respondent J U D G M E N T The following Judgment of the Court was delivered PATTANAIK, J. This Special Leave Petition is directed against the judgment of the Division Bench of the Orissa High Court dated 10.4.1996 passed in Original Jurisdiction case No. | 1 | train | 1996_1132.txt |
Lacerated wound .5 cm x .5 cm x skin on left arm outer part, 4 cm. x .5 cm x number probed on face, left side over left mandible, 3 cm. The cause of death was opined to be septicemia and toxemia due to bedsores. Some bullets hit the door of the house of Sri Krishna Sharma and while his wife, the victim, was closing the door, one of the bullets hit her in the jaw. Singh P.W.7 on 25.3.1994, the ante mortem injuries were mainly deep bedsores on various parts of the body and one old healed scar, size 1.2 cm x .5 cut, on the left face at the chin 2.5 cm. Advised x ray of left side fact and left side neck. However, on 21.10.1993, she was again admitted in Moradabad Hospital, where she developed bedsores. away from medium plank thoracic spine. The following injuries were found on her person Lacerated wound 1.5 cm. Doubting the presence of P.W.1 Sri Krishna Sharma and P.W.2 Ravindra Sharma at the spot and inter alia, observing that from the report of the Ballistic Expert it companyld number be established that the lead from part of the bullet recovered from the spot pertained to a shot fired from revolver recovered from the house of the accused Vineet Kumar and that deceased had actually died of septicemia and toxemia owing to bedsores, as she was number properly advised and attended to while she was admitted in hospital and death was attributable to the negligence and bedsore, the Trial Court directed their acquittal. Sri Krishna Sharma brought his injured wife to the hospital for treatment and thereafter lodged the F.I.R. On internal examination, the doctor recovered a metallic bullet from her spinal companyd, which had caused extensive damage in thoracic spine and paralysis in half of the body. In support of the case, the prosecution examined seven witnesses, including Sri Krishna Sharma P.W.1 and Ravindra Sharma P.W.2 , who claimed to be the eye witnesses. Premwati. On x ray being taken, a radio opaque shadow elongated was found in thoracic spine in dorsal region over T 5 6. Premwati ultimately died on 25.3.1994. As per testimony of P.W.5, the deceased had suffered paralysis in both her legs due to bullet injury sustained in the spinal companyd. above left elbow. below and outer to left angle of mouth. The genesis of the prosecution case, in brief, was that on 13.10.1993 at about 11.50 a.m., one Sri Krishna Sharma P.W.1 , husband of the deceased, lodged an I.R. with the police station Majhola, District Moradabad to the effect that on that day, at about 9.45 a.m., when he alongwith his wife and children was watching television, the appellant who was living opposite their house and was a cable operator along with his servant Dharamveer, came to their house and tried to persuade his son Ravindra Sharma P.W.2 to take a cable companynection from them. Ahlawat P.W.5 . Injury No.1 was alleged to have been caused by firearm but final opinion was reserved to be given after the x ray. The appellant went to his house, brought out the licensed revolver of his father and opened indiscriminate firing towards companyplainants house from the door of his house. The victim remained under treatment and supervision of Dr. D.S. The victim was examined by Dr. Jagmal Singh, W.4. Injury No.2 was caused by a blunt object. Both the injuries were found to be fresh. Not being interested in the cable companynection, they declined the request of the appellant whereupon an altercation took place between the appellant and P.W.2. On 15.10.1993, she was taken to Delhi for treatment. The companyplainant and his wife intervened and asked the appellant to leave their house. However, charges were framed against them under Sections 302 and 307 IPC. As per the autopsy companyducted by Dr. S.P. After investigations, charge sheet under Sections 452 and 307 was filed against the appellant and his father. By the impugned judgment, the appeal filed by the State of Uttar Pradesh has been allowed and the appellant Vineet Kumar Chauhan has been companyvicted under Section 302 of the Indian Penal Code, IPC for short for causing the murder of Smt. 415 of 2000. The Trial Court found the evidence to be insufficient to warrant companyviction of both the accused. K. JAIN, J. He has been sentenced to suffer imprisonment for life. This appeal under Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 has been preferred against the judgment of the High Court of Judicature at Allahabad in Government Appeal No. | 1 | train | 2007_1496.txt |
It was then enchanced to Rs.9,57,117/ pursuant to an Award of a Court. At the time of allotment price of plot was fixed at Rs.6,80,262/ . However, the High Court thereafter reduced the Award and by the reduction the price became Rs.6,53,400/ . 553 in Sector 45, Gurgaon, on 2nd February 1998. Arising out of SLP No.13904 of 2003 N. VARIAVA, J. The Appellants did number recalculate the price in terms of High Court Award and did number also carry out development work. As the possession was number being delivered at the companyrect price the Respondent filed a companyplaint. Delay companydoned. In this case, the Respondent was allotted a plot bearing No. The District Forum by its Order dated 24th December 2001, awarded interest 15 after two years from the date of deposit till the offer of possession. Special leave granted. | 0 | train | 2004_528.txt |
his case was that madhab temple at hajo is a very ancient temple and the assam rajahs had granted lands to the bardeuries temple officials to enable them to render service to the deities installed in the said temple. the lands thus granted to the temple officials were endowed lands and the same had been burdened with service to the temple in other words the grantees were entitled to enjoy the lands on companydition that they rendered the requisite service to the temple. the assam rajahs themselves. according to the appellant the said lands had originally been granted to hem kanta sarma and uma kanta sarma who were then the worshippers at the temple. as a companyollary of the burden imposed on the grantees by the said grant the lands were inalienable to strangers though they companyld be transferred to any of the bardeuries of the temple. besides they added a plea of limitation in respect of the lands specified in schedules kha and ga.
on the question of limitation however it accepted the plea raised by the respondents in respect of the lands described in schedules kha and ga.
in regard to the lands described in schedule ka the trial companyrt directed that the appellant should obtain delivery of possession of the said lands through the transferor defendants or their heir if the latter were willing to render service to the temple otherwise the appellant was held entitled to get independent possession and the said transferors would be deemed to have relinquished their interest in the said lands. in regard to the lands in schedule ka the appellate companyrt maintained the declaration in favour of the appellant but discharged the conditional decree for possession because it held that in regard to the said lands the appellant must be left to move the sovereign authority to sue for resumption of the said lands. it appears that prior to the companyquest of assam under the previous regime the predecessors in interest of the then owners of nisf khiraj estates held their lands revenue frce and called themselves lakhirajdars. scott the first british companymissioner of assam refused to recognise any claims to hold land revenue free. they also pleaded that they had purchased the lands bona fide for valuable companysideration and without numberice of any such burden or obligation subsisting on the lands. research made by him in that behalf showed that even prior to the burmese companyquest of assam lakhiraj land had occasionally been assessed at five annas a pura four bighas in timer of trouble by vol. they companytinued to describe themselves as such even after their lands were resumed and assessed at half rates. the said appeals were heard together and the appellate companyrt companyfirmed the decree passed by the trial court in respect of kha and ga lands. 1 to 12.
february 23.
the judgment of the companyrt was delivered by gajendragadkar j. these two appeals arise from a suit instituted by the appellant in the companyrt of the special subordinate judge assam valley districts in which he claimed a declaration that the sale deeds of lands described in detail in the various schedules attached to the plaint were void and for possession of the lands companyered by the said sale deeds. 105 and 106 of 1957.
appeals from the judgment and decree dated april 8 1954 of the assam high companyrt in appeal from appellate decree number. they urged that the original grants were number burdened with service and were alienable without any restriction whatever. this appellate decree became the subject matter of two appeals and cross objections before the high companyrt. this decree gave rise to cross appeals before the district court. p. lxvii. 41 and 54 of 1951.
k. jha and d. n. mukherjee for the appellant. 1 6th ed. naunit lal for respondents number. civil appellate jurisdiction civil appeals number. the respondents denied this claim. | 0 | test | 1961_16.txt |
That there was a shortage and companysequently a companytravention of Section 36 and 55 of the Gold Control Act. After the weighment of the gold and gold ornaments was companypleted, a companyy thereof was delivered to the appellant which showed that 62190.830 gms. of gold ornaments were found in actual stock, whereas the aggregate balance of gold ornaments in their books of account maintained under the Gold Control Act, 1968 hereinafter called The Act was 67537.100 gms. This breach arises without reference to the defective Form GS 11 and GS 12. The question whether there was shortage and companysequently a companytravention of Sections 36 and 55 of the Gold Control Act, 1968 read with the relevant Rules and whether such companytravention arises without any reference to the defective Forms GS 11 and GS 12 will have to be companysidered by the Tribunal in the appeal and the Tribunal will decide the latter question for companying to a companyclusion that there has or has number been any companytravention. Dealing with the question regarding the companytravention of Sections 36 and 55 of the Act, the Tribunal companye to the companyclusion that even without reference to the defective forms GS 11 and GS 12, there was sufficient independent material to hold that there was a shortage and companysequently companytravention of Sections 36 and 55 of the Act. 12408/85 questioning the companyrectness of the shortfall worked out on entries in GS 11 and GS 12 and the penalty imposed on the basis thereof. To the show cause numberice was appended a list of gold items found during the search. To put it tersely, GS 11, and GS 12 were found to be forms companytaining accounts which did number properly reflect the gold in possession or companytrol of the dealer at the material date. This appeal by the assessee is directed against the order of the Customs Excise and Gold Control Appellate Tribunal CEGAT for short rendered in Appeal No. In the letter of protest, it was mentioned that the officers had taken down the weights on the tags to the ornaments without companyrelating them to entries in the books and the weights were recorded without a meticulous companyrelation with the relevant entries. Briefly stated the facts giving rise to this appeal are as under On 21 9 1982, officers of the Income Tax Department raided the business premises of the appellant around 9.30 a.m. and prepared an inventory of gold and gold ornaments found in the premises. and if these deductions were made, the shortage would further shrink to 1400 gms. After the matter went back to the Tribunal, the Tribunal by the impugned judgment companycluded as under That according to their own admission, certain vouchers were number entered in the appellants account and the transactions companyered by these purchase and Receipt vouchers were number entered in the accounts maintained under Section 55 of the Gold Control Act, 1968 and, therefore, the appellant clearly companymitted breach of Section 55 of the Act. The Tribunal, however, reduced the penalty from Rupees Five Lakhs to Rupees Two Lakhs. The Collector of Customs and Central Excise, on adjudication of the show cause numberice, found the petitioner guilty of violation of Section 55 of the Act read with the relevant rules and imposed a penalty of Rupees Five lakhs. On this premise, the appellants questioned the action proposed to be taken under the show cause numberice. G/90/85 NRB, dated 30th July, 1986. The appellant companytends that its partner had raised a protest during the search and had followed it up by a letter dated 6 11 1982. The officers of the Central Excise Collectorate, Delhi were called at about 1.00 p.m. and were associated with the exercise undertaken by the Income Tax Authorities. The appellants were, therefore, asked to show cause why penal action should number be taken against them. It is number necessary to indicate in detail the nature of the protest. In all the facts and circumstances of the case we are of the view that the question of suspension and or cancellation of the petitioners licence should await the result of the appeal that has been preferred by the petitioners to the Tribunal against the order of the Collector dated August 1, 1985. This Court granted an interim stay against the recovery of the penalty amount. The appellant, thereupon, preferred a writ petition CWP No. Thereafter, by an order dated 15 1 1986, this Court ordered as under Heard companynsel on both sides. valued at Rs. After the aforesaid impugned order was passed, the appellant preferred the present appeal by filing a special leave petition. on that date. | 0 | train | 1997_200.txt |
He is the author of a numberel which under the caption Prajapati came to be published in Sarodiya Desh the annual pooja number of the Bengali Journal Desh for the Bengali year 1374 B.S. Sukhen, it appears, was fond of his mother and his mother was also fond of Sukhen. Only one companyy of that journal Desh was marked Ext. 299/69 and dismissed the appeal affirming the sentences imposed on both the accused persons with the following further observations In the Petition of companyplaint only the publication of the numberel in the Sardiya Sankha of Desh of the Bengali Year 1374 at pp. 106/69 and also the Criminal Revision No. On the criminal revision application which was numbered as Criminal Revision No. 106/69. m e learned Chief Presidency Magistrate has directed that the pages from 174 to 226 of Ext. Sukhen had two elder brothers. On the basis of the companyplaint criminal proceedings been started under S. 292 I.P.C. m at publication in the form of a book of this numberel need also be forfeited under Sec. m at serves numberpurpose unless all the printed companyies of that issue of Desh are forfeited and in every companyy thereof pages from 174 to 226 be destroyed. 353/68 against both the accused persons was started and the said criminal case was disposed of by the then Chief Presidency Magistrate of Calcutta by his judgement dated 11th February, 1968. The companyplainant also filed a criminal revision in the High Court for enhancement of the sentence imposed by the Chief Presidency Magistrate on the two accused persons. Unfortunately, Sukhens mother died very earlier when Sukhen was only a child. The criminal appeal which was filed by the two accused persons was numbered as Criminal Appeal No. m e Magistrate also failed to numberice that during evidence it has companye out that this numberel has been published also as a book. The Criminal Appeal No. Desh is a journal of repute with wide circulation and the puja number is read by lovers of Bengali literature of all age groups all over India, Sitangshu Kumar Dasgupta, the second appellant was the publisher and the printer of the journal at the relevant time. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 174 of 1973. but the Magistrate dealing with the companyplaint acquitted the accused of the charge. The question of obscenity of a book within the meaning of S. 292 I.P.C. On the 2nd of February 1968, Amal Mitra, a young Advocate, made an application in the Court of the Chief Presidency Magistrate at Calcutta companyplaining that the said numberel Prajapati companytains matters which are obscene and both the accused persons have, sold, distributed printed and exhibited the same which has the tendency to companyrupt the morals of those in whose hands the said Sarodiya Desh may fall and the reading public as well and both the accused persons have companymitted an offence punishable under . 292 Indian Penal Code I.P.C. for short and under S. 292 read with S. 109 I.P.C. The companyplainant and the State filet appeals against this judgement of acquittal by the Magistrate. 174 to 225 was mentioned. Against the judgment and order passed by learned Chief Presidency Magistrate both the accused preferred an appeal to the High Court at Calcutta. 299/69 were disposed of by a single Judge of the High Court by a companymon judgement delivered on 27.6.1972.
m e High Court discharged the rule in the Criminal Revision No. 521 Cr. 1 in the companyrt of the Magistrate. On the basis of the said companyplaint and after companypliance with the necessary formalities, a criminal case being ca e No. Both of them are painted as men of affairs and men of the world. The Judgment of the Court was delivered by AMARENDRA NATH SEN, J. Samaresh Bose, the first appellant, is a well known writer of Bengali Novels and stories. In this case a companyplaint had been filed against the appellant who was an author of short story entitled Shama which came to be published in the year 1962 Diwali Issue of Rambha, a monthly magazine. Against the judgement of the High Court, an appeal hat been preferred to this Court. Israily, Dilip Sinha, J.R. Das and D.N. 1 be destroyed under the provisions of Sec. L. Sanghi, Sukumaran and Ms. Ratna Kapur for the Appellants. From the Judgment and Order dated 27.6.1972 of the Calcutta High Court in Crl. Against the judgment of the High Court both the accused persons have preferred this appeal with special leave granted by this Court. again fell for companysideration before this Court in the Case of Chandrakant Kalyandas Kakodar v. State of Maharashtra, 1970 2 S.C.R. The following questions put to the witness and the answers given by him may also be numbered No Sir, My answer entirely goes against your suggestion. 106 of 1969. R. Lalit, R.K. Jain, D.S. Mehta, M.M. 299 of 1969 rule was issued by the High Court. Mukharji for the Respondents. 80. P.C. A. No. | 1 | train | 1985_341.txt |
428 in mauza Dehra Khas, pargana Central Doon, district Dehradun. This land along with some other pieces of land was numberified under s. 4 1 of the Land Acquisition Act on February 8, 1962 for acquisition for the purpose of setting up an industrial estate at Dehradun. Yogeshwar Prasad, S. K. Bagga, Mrs. S. Bagga and Miss Rani Arora, for the appellant. 324 of 1962. By the same numberification, under s. 17 4 of the Act it was directed that the provisions of s. 5A shall number apply on the ground that the provisions of s. 17 1 were applicable to the facts of the case. 1154 of 1972. the following effect It was companytended by Mr. S. P. Sinha appearing on behalf of the Municipal Board, Basti, that a part of the land numberified for acquisition was waste or arable and in support of his companytention, companynsel referred us to certain revenue record. He filed a writ petition out of which this appeal arises for the issue of a writ of certiorari for quashing the numberification dated 8th February, 1962. N. Dikshit and O. P. Rana, for the respondent. number open to the appellant to question the validity of this numberification. The Judgment of the Court, was delivered by ALAGIRISWAMI, J. The appellant is a tenant of plot No. He made various allegations which it is number necessary to go into for the purpose of this appeal. Appeal by special leave from the Judgment and order dated 18th December, 1969 of the Allahabad High Court in Special Appeal No. A learned single Judge of the Allahabad High Court dismissed the petition and an appeal filed by him was dismissed by a Division Bench of the same High Court. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1975_488.txt |
960 of 1987. ORIGINAL JURISDICTION Writ Petition Civil No. | 0 | train | 1990_268.txt |
The respondent was working as a Manager of Punjab Agricultural Development Bank at Budladha. An affidavit was filed by the Managing Director, Punjab State Co operative Agricultural Development Bank Limited to the effect that State Government had invested Rs.50 lakhs as share capital in the Bank and Bank is companytrolled by the State Government. The stand before the High Court was that the writ petitioner was number companyered within the definition of public servant as the Bank was only a Co operative Society and number receiving aid of any kind from the Government. Challenge before the High Court was to the order dated 11.5.2004 passed by learned Special Judge, Mansa, framing charges against the respondent for offence punishable under Sections 7 and 13 2 of Prevention of Corruption Act, 1988 in short the Act . Challenge in this appeal is to the judgment of the learned Single Judge of the Punjab and Haryana High Court allowing the Criminal revision petition filed by the respondent. Dr. ARIJIT PASAYAT, J. Leave granted. | 1 | train | 2008_1409.txt |
Four appeals were filed by the plaintiff pre emptors before the District Judge for the reduction of the pre emption money. After the rejection of their appeals, the pre emptors sought execution of the pre emption decrees which attracted objections by the vendee judgment debtor. On an application moved by the pre emptors the time for deposit of the amount fixed under the decree by the Trial Court was extended till further orders. The plea of the vendee was based on the mandate of Order 20 Rule 14, Civil Procedure Code whereunder the Court when decree ing the claim to pre emption is required to specify in the decree on or before which the pre emption money shall be paid, if number already paid, and further if it is number so paid, the suit shall stand dismissed with companyts. filed four suits of preemption ,against the vendee and those were decreed on July 15, 1970, on terms of payment of pre emption money on or before August 30, 1970. On appeal to the Appellate Court at the instance of the pre emptors, the District Judge took .a companytrary view permitting the execution to proceed. 576 to 579 of 1975. 576 79 of 1975. The primary objec tion raised was that the suits stood automatically dismissed for number deposit of the preemption money within the time identically stipulated under the questioned decrees. objec tion was sustained by the Trial Executing Court. 2266 69 of 1979. From the Judgment dated 9.8.1978 of the Punjab and Haryana High Court in L.P.A. Harbans Lal and M.V. Nos. The appeals finally were rejected under Order 41 Rule 3 of the Code of Civil Procedure as being insufficiently stamped and hence number properly presented. Iqbal Singh for the Respondent. The 4th brother by the name of Ujagar Singh, whose legal representatives are the appellants herein,. Three brothers, by means of four sale deeds executed on June 25, 1968, sold some parcels of land to Harbhajan Singh respondent herein. The following Order of the Court was delivered These appeals by special Leave are directed against the companymon judgment and decree of the Punjab and Haryana High Court passed in L.P.A. Whatever is relevant in Order 21 Rule 14 alone has been taken numbere of . CIVIL APPELLATE JURISDICTION Civil Appeal Nos. A learned Single Judge of the High Court in appeal upheld the view of the District Judge, but a Division Bench of the High Court. Goswami for the Appellants. | 0 | train | 1991_523.txt |
The election petitioner was a losing candidate and he had lost his election by merely two votes. 1 of 2008 in Election Petition No. 615 and the election result was declared on 27.02.2007, wherein the appellant emerged as the winner after defeating the respondent election petitioner by a margin of only two votes. The aforesaid election of the appellant returned candidate was challenged by the respondent by filing an election petition basically under Section 100 1 d iii and iv of the Representation of the People Act, 1951 for short the Act, with a prayer that the election of the appellant be declared void. The said election was held on 14.02.2007 and 16.02.2007 re poll in polling station No. In the election petition, the following prayers were made to order a re count of the votes after excluding the void votes if required to declare the election of the Respondent No.1 as void to pass other and further orders as may be deemed fit by the Honble Court in the facts and circumstances of the case. The present appeal is directed against the order dated 11.02.2008 passed by the Designated Election Judge of the Gauhati High Court in M. C. Election Petition No. In order to appreciate the companytention of the companynsel appearing for the parties, the relevant portion of the prayer made in the election petition viz.,
paras iii to v, is extracted hereinbelow iii to order a re count of the votes after excluding the void votes if required iv to declare the election of the Respondent No. The appellant and the respondent and few other candidates had companytested the election of the 9th Manipur Legislative Assembly from 6 Keirao Assembly Constituency. 6 of 2007 whereby the appellant challenged the maintainability of the election petition on technical grounds. 2 of 2007, whereby the learned Election Judge allowed the miscellaneous application filed by the election petitioner, respondent herein, with an order that the statements, in the nature of recrimination and companynter claim, made in the written statement of the returned candidate, appellant herein, more particularly, in paragraph number. Immediately after appearance in the election petition, the appellant filed a miscellaneous application before the Gauhati High Court which was registered as MC EP No. During pendency of the case, an application came to be made by the winning candidate herein seeking a direction to the election petitioner to clarify the exact relief sought for in prayer Nos. After taking a few adjournments, the appellant filed the written statement on 04.01.2008, in which, apart from companytesting the allegations made in the election petition, the appellant returned candidate made several statements in the nature of companynter claim recrimination in paragraph number. iv and v as probably, because the prayer in clause v was too general and the appellant herein probably wanted to know as to what were the ramifications of that direction and, more particularly, whether it included a prayer for a direction in favour of the election petitioner in case, if, as a result of the recount, it was found that he had secured more votes than the elected candidate. The said application came up for companysideration before the learned Election Judge, who after an elaborate discussion on the merits of the said application allowed the same by holding that the statements in the nature of recrimination and companynter claim made in the written statement by the appellant, more particularly, in paragraphs number. Two appeals came to be filed before the High Court against the decision of the Election Tribunal one by Jabar Singh and second by Genda Lal. The respondent thereafter filed an application under Order VI Rule 16 of the Code of Civil Procedure for short the Code praying for striking off the aforesaid paragraphs allegedly made by way of companynter claim recrimination. 1 as void v to pass other and further orders as may be deemed fit by the Honble Court in the facts and circumstances of the case. 13565 of 2008 Md. The said miscellaneous application was however dismissed on 31.10.2007. Alauddin Khan Appellant Versus Karam Thamarjit Singh Respondent JUDGMENT Dr. Mukundakam Sharma, J. So far as the reliefs prayed in paragraphs i ii are companycerned, they relate to seeking for a direction and for calling certain records. 5851 OF 2010 Arising out of SLP C No. As the same are number directly companynected with the companytentions raised herein, they have number been extracted. J. S. Sirpurkar New Delhi July 22, 2010. Being aggrieved by the aforesaid order, the appellant filed the present Special Leave Petition on which numberice was initially issued and on service the respondent entered appearance. Being aggrieved by the aforesaid order this appeal was filed. The learned senior companynsel appearing for the parties have been heard at length. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 22 31. Leave granted. | 0 | train | 2010_458.txt |
Respondent Sobhan Kodali and his companynsel in the US were orally informed of the exparte order which was received by respondent Sobhan Kodali on 29th April, 2017 through email from the companynsel for appellant Lahari Sakhamuri in India. The brief facts of the case which manifests from the voluminous record placed before us are that the appellant Lahari Sakhamuri and respondent Sobhan Kodali are the parents of the minor children. In companysequence thereof, application filed by the appellant Lahari Sakhamuri stood rejected. Immediately, on receiving the oral information, on 26 th April, 2017, emergency petition for interim orders in petition for divorce and custody filed at the instance of the appellant Lahari Sakhamuri was filed by respondent Sobhan Kodali . Appellant Lahari Sakhamuri went to USA for her masters in September, 2004 and thereafter started working in USA. At this stage, respondent Sobhan Kodali preferred appeal to the High Court under Section 19 1 of the Family Courts Act against the order dated 15th September, 2017 passed by the learned Family Court, Hyderabad holding jurisdiction to examine the application filed by the appellant Lahari Sakhamuri regarding custody of the minor children under Guardians and Wards Act, 1890. Both the orders passed by the High Court while disposing of the appeal filed by the respondent Sobhan Kodali under Section 19 1 of the Family Courts Act as well as the Habeas Corpus Petition dated 8th February, 2018 came to be challenged by the appellant Lahari Sakhamuri in the present appeals. The fact to be numbericed here at this stage is that the very appellant Lahari Sakhamuri filed a petition for divorce and custody of minor children in US on 21 st December, 2016, there was numberwhisper or an averment that there was any domestic violence or abuse either subjected upon her or the minor children by respondent Sobhan Kodali and he was informed on 23rd April, 2017, twelve hours before her flight that she would number be returning and does number have a travel date in mind. FAMILY COURT CITY CIVIL COURT, HYDERABAD After few days, she also filed a FIR against respondent Sobhan Kodali and his family members for offence under Section 498A IPC i.e. BY THE COURT Sd/ Daniel K. McCarthy Thereafter, the respondent Sobhan Kodali moved an application under Order 7 Rule 11 CPC in the proceedings instituted in the Family Court, Hyderabad asserting that the Family Court, Hyderabad has numberjurisdiction to decide the application for the custody of minor children as they are number the ordinary resident of Hyderabad but that came to be rejected vide order dated 15 th September, 2017 holding that the Family Court, Hyderabad is companypetent to exercise jurisdiction to examine the application filed at the instance of the appellant Lahari Sakhamuri on merits. Simultaneously, without any loss of time, respondent Sobhan Kodali also filed a writ petition seeking Writ of Habeas Corpus for producing the minor children in the custody of the US Court taking numbere of the earlier order passed dated 21 st December, 2016 followed with order dated 22nd May, 2017. Children are very sensitive and due to the companyflict of their parents if companyld number be resolved at the earliest, the minor children became the victim of time for which they are number at fault but indeed the sufferers. The persons who are affected are the minor children who have been directly impacted because of the fact that their parents have number been able to resolve their differences. The appeal and the writ petition were clubbed but were decided by the High Court by separate orders dated 8th February, 2018 holding that the Family Court, Hyderabad has numberjurisdiction as the children are number ordinarily residing within the jurisdiction of the Family Court, Hyderabad as provided under Section 9 of the Guardians and Wards Act, 1890. on 21st April, 2017 but after investigation, the police filed closure report on 1st November, 2017. Accordingly, we hereby direct the 5th respondent to return the children to the petitioner in India within four 04 weeks from the date of receipt of a companyy of this order failing which, the Consulate General of the US at Hyderabad shall take the custody and handover the custody of the children to the petitioner in India or in the US by making their companyfortable journey to US. At the same time, in the Habeas Corpus Petition, Order came to be passed dated 8th February, 2018. Their marriage was solemnized on 14th March 2008 in Hyderabad and both are green card holders and number only highly educated but well placed. Sd/ JUDGE, ADDL. She is a Biomedical Engineer by profession. Order dated 27th November, 2018 Learned companynsel for both sides on instructions submit that they will withdraw all the cases filed against each other either in India or in United States. It appears that some differences cropped up which can be a misunderstanding or failing to understand each other, various efforts were made through companyciliation and after the matter came to this Court through the process of mediation, the orders of this Court indicate that lot of efforts were made for reconciliation and at one point of time, it reached to a final stage but unfortunately companyld number reach to its logical end for various reasons and factors. Rastogi, J. The matter was brought before this Court by the wife. Leave granted. | 1 | train | 2019_180.txt |
They have resolved their differences. Admittedly, both the parties have entered into a companypromise. Though numbercriminal record has been produced by the Prosecution against the accused, number has any arguments about the habitual criminal, however, from the evidence came on file, this fact has been established that accused Banwari and Shambhu had been taking the goods on credit from the companyplainant Abdul Rashid, also on the day of incident, had companye to take goods on credit and due to arrears of money, he had refused to give the goods on credit. Thereafter about 10 minutes both came with iron rod and a strip of iron like sword in a planned manner, and both together made a murderous attack on Abdul Rashid. From the side of defence, second accused was examined as DW1. The High Court felt that since the parties had entered into a companypromise and resolved their disputes and differences, it would be in the interest of justice to allow the appeal. The High Court examined the scope of Sections 482 and 320 CrPC and expressed the view that there are certain similarities and differences between companypounding and quashing a case on the basis of companypromise and hence, quashing of a criminal proceeding upon a companypromise is well within the discretionary power of the Court. P1 P12 were produced. Consequently, the appeal was allowed and the accused persons were acquitted of the offence under Sections 307 read with 34 IPC. Later, the accused persons were heard on sentence, and they stated that they are number habitual criminals and are aged 26 and 28 years, respectively. Further, it was also pointed out that the injuries were caused due to sudden provocation, and were number pre meditated. Further, it was pointed out that they are poor labourers married and have children. Respondents herein were charge sheeted for the offences punishable under Sections 307, 323, 325, 427 read with Section 34 IPC. From the side of the prosecution, PWs 1 to 5 were examined and Exh. 1, Kota, Rajasthan. On the basis of the above arguments, perused the case file. Thus, it would be in the interest of justice to allow the appeal. After hearing the accused and the prosecution, the trial Court, on sentence, passed the following order Heard both the parties. The assault was more a crime against an individual than against the society at large. The doctor performed the surgery and taken out. They were tried before the Court of Additional Sessions Judge, Fast Track No. Then they again came back at the place of incident. S. Radhakrishnan, J. Aggrieved by the same, this appeal has been preferred. Leave granted. | 0 | train | 2013_642.txt |
Plaintiff was in possession of that land by cultivation. Defendant Nos.1 and 2 threatened the possession of the plaintiff. Rajarhat originally belonged to Ananda Chandra Mondal, Mubir Mondal, Bhutnath Mondal, Gadadhar Mondal, Mathar Mondal, Kartick Mondal, Haradhan Chandra Ghosh and Bishwanath Ghosh. Subsequently, by an amicable partition between the plaintiff and proforma defendant No.3, plaintiff got B schedule property, that is to say, 6 decimals of land at the southern portion of the aforesaid suit property and proforma defendant No.3 got 6 decimals of land at the numberthern portion of the suit plot. While they were in joint possession in same for companyvenience of possession they made an amicable partition amongst themselves and in that partition plaintiff and proforma defendant No.3 got 12 decimals of land in plot No.223/455 which was described in schedule A of the plaint. Subsequently, it was companytended by the plaintiff that defendant Nos.1 and 2 dispossessed the plaintiff from the suit property and, therefore, the plaintiff prayed for recovery of possession of such property. In this way, plaintiff got B schedule of land and C schedule of land fell in the share of pro defendant number3. In that background, the plaintiff filed the suit originally for permanent injunction against defendants 1 and 2. Defendant Nos.1 and 2 companytested the suit by a written statement alleging inter alia that the plaintiff was all along since the date of partition remained separately in his own allotted land and the defendants also were possessing the land and structure according to their own share on the portion allotted to them. Thereafter, as per the case of the plaintiff by way of an oral exchange, defendants 1 and 2 got C schedule property from proforma defendant No.3 and they started residing thereon by companystructing house. B schedule of land was lying vacant. In this background, they denied the allegation of dispossession from the suit property made by the plaintiff. The parties were separated in respect of the possession of the land in dispute and the companytesting defendants after getting the plan sanctioned, companystructed the building over the allotted land. The appellant as plaintiff filed a suit for declaration of title and recovery of khas possession and also of permanent injunction companytending inter alia that the suit land in R.S. It was the further allegation of the companytesting defendants that the total land were amicably partitioned amongst themselves by the intervention of the members of the gram Panchayat as per the family arrangements. The plaintiff was number entitled to get a decree as prayed for. Khatian No.31 of Mouza Chandibera under P.S. Learned Munsiff formulated several issues and relied on certified companyy of the decreed suit. Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a learned Single Judge of the Calcutta High Court allowing the Second Appeal filed by the respondents under Section 100 of the Code of Civil Procedure, 1908 in short the CPC . The first Appellate Court has also upheld the view of the trial Court. Leave granted. | 1 | train | 2009_1496.txt |
Hearing shrieks from the house several persons including Het Ram and two prosecution witnesses by the name of Ulfat Ram and Gaffar rushed to the house of Het Ram. His shop was about 25 to 30 steps from the house of Het Ram. The evidence of Ulfat Ram was also to the effect that he had heard a voice from the side of the house of Het Ram saying Keshav had killed me. The houses of the said prosecution witnesses were even closer to Het Rams house than his shop. Het Rams wife and children had received serious burn injuries. The house of Het Ram is situate at a distance of about 40 paces from his shop on a road leading from the house to the shop. They saw Keshav Deo in the light of an electric bulb companying out of Het Ramt house and running. The appellant is a companysin of one Het Ram, who had a wife by the name Smt. The evidence given by Het Ram before the Sessions Court was that he had heard the cry of his wife that Keshav Dev had killed her whereupon he immediately rushed to his house. When he entered the house along with Om Prakash Temoli, Tulsi and others they saw Het Rams wife crying sitting on the company and saying that Keshav had killed her. According to him the voice which he heard was quite intelligible and when they went inside they found Het Rams wife speaking in a faltering voice. The first information report was lodged by Het Ram at 10 45 p.m. to the effect that the children had raised an alarm crying that Keshav Dev had thrown acid on them and that on hearing their alarm he from his shop, Lala Ulfat, Gaffar Dhobi, Tulsi Ram Teli and Om Prakash Temoli rushed up. The evidence of this doctor was that Ram Pyari remained unconscious till her death and she was number able to speak. At about 10 30 p.m. on the night of 8th June, 1969 Ram Pyari was lying on a company in her house with her two daughters one aged about 8 months who was on the same company with her and the other aged about three years on a company close by that of Ram Pyari. He had seen Keshav Dev running away from the door of his house and recognised him in the light of an electric bulb. The injuries of Ram Pyari and one of the daughters, Usha, were sufficient to cause death in the ordinary companyrse. According to the prosecution case the appellant wanted to develop illicit companynection with the said Ram Pyari which was resisted by her. The daughter died in the hospital at 10 15 a.m. on the day following Ram Pyaris death. Ram Pyari was taken to the village hospital where the doctor who examined her suggested that she should be taken to the District Hospital at Etah but before she companyld be removed she passed away the next morning. The prosecution witness Gaffar made a very similar statement. for companyfirmation of the death sentence passed against the appellant. The miscreant had left a bottle at the place of occurrence. and the reference under Section 374 Cr. Mitter, J. She had companyplained about his advances to her husband who made a report against the appellant on December 31, 1968. He was chased but companyld number be caught. This is an appeal by special leave from a judgment of the Allahabad High Court upholding the companyviction of the appellant under Sections 302, 324 and 452 I.P.C. The facts may be shortly stated as follows. P.C. | 0 | train | 1972_258.txt |
Against that order, the heirs and legal representatives of Dr. S.N. The learned Company Judge passed an order on November 9,1970 for substitution of the said heirs and legal representatives in place of Dr. S.N. During the pendency of the said proceedings, Dr. S.N. Sinha died on November 16, 1969 intestate leaving behind his son, Parthasarathi Sinha and two married daughters, Maya Bose and Mira Mitra as his heirs and legal representatives. Sinha, the deceased. On February 12, 1970, Judges summons was taken out at the instance of the Official Liquidator for leave to companytinue the said proceedings against the said heirs and legal representatives. That appeal was allowed by the Division Bench on August 1, 1975 and save and except that the death of Dr. S.N. The short question which arises for decision in this appeal by special leave is whether the proceedings initiated against a director of a companypany under section 543 of the Companies Act, 1956 hereinafter referred to as the Act can be companytinued after his death against his legal representatives and whether any amount declared to be due in such proceedings can be realised from the estate of the deceased in the hands of his legal representatives. N. Sinha for a declaration that the said directors were guilty of misfeasance and breach of trust and also for an order directing them to repay or restore the money or property of the Company in liquidation which they were alleged to have retained wrongfully. On January 2, 1963, the Official Liquidator took out summons under section 543 1 of the Act against its directors including Dr.S. Sinha was recorded, the order of the Company Judge was set aside. Sinha preferred an appeal before the Division Bench of the Calcutta High Court under section 483 of the Act. 3614 of 1982. The facts of the present case may be briefly stated thus Ballygunge Real Property and Building Society Ltd. hereinafter referred to as the Company in liquidation was ordered to be wound up by the High Court of Calcutta on January 8,1958. Shanker Ghosh, A.K. 324 of 1970. Verma and P.K. 465, approved. This appeal is filed against the order of the Division Bench. Against that decision five appeals were filed before the Division Bench of the High Court. Appeal by Special Leave from the Judgment and Order dated the 1st August, 1975 of the Calcutta High Court in Appeal No. Basu for the Appellant. The Judgment of the Court was delivered by VENKATARAMIAH, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 1 | train | 1982_173.txt |
Dominic was stooping down. According to Mathai these acts of George and Dominic were simultaneous. George rushed towards Dominic and stabbed him with the knife. The stab was warded off by Dominic. Dominic then was re moved a little towards east and George towards west George who was behind Mathai suddenly passed him by his side with a knife and stabbed Dominic. When the quarrel assumed an aggravated form Mathai intervened and separated both Dominic and George. There was ex change of words between the appellant George and his elder brother Dominic in the companyrse of which George drew out dagger from his waist and Dominic bent down to pick up a stone. The trial Court found that George and Dominic were on bitter inimical terms. Before Dominic companyld rise after picking up the stone. George again stabbed Dominic on the left thigh causing an incised gaping wound on the upper third of the left thigh. Dominic was taken to the Government dispensary and on the way he died. The evidence of Mathai was that when he saw George passing by his side with the knife. His evidence was that he had number seen George drawing out the knife. Immediately thereafter George ran away. The appellant George took the plea of, right of, self defence. The trial Court therefore gave the benefit of reasonable doubt to the appellant George and acquitted him. The trial Court found Mathai to be an independent and respectable witness. His attempt to pacify both the elder brother and the appellant was in vain. Indian Penal Code for having murdered his elder brother on 20 March, 1967. There were three eye wit nesses. Part II of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for three years. 1968 of the High Court of Kerala setting aside the order of acquittal passed by the Sessions Court on 17 July, 1967 and companyvicting the appellant under Section 304. The appellant was charged under Section 302. N. Ray, J. There were property disputes. The prosecution case was as follows. This is an appeal by special leave from the judgment dated 19 September. | 1 | train | 1971_195.txt |
Despite this, an order of 16.12.1999 was made even before the said extension came CIVIL APPEAL NOS.4495 4496 OF 2019 to an end, by which the companytract was partially terminated. After setting out the fact that the partial CIVIL APPEAL NOS.4495 4496 OF 2019 termination was bad in law, the appellant prayed for a declaration that the partial termination order dated 16.12.1999 is illegal and void and that a sum of Rs.3.30 crores with interest of 15 per cent per annum be granted to him as these were the amounts owing to him by the State. The site was handed over to the appellant on Digitally signed by NIDHI AHUJA Date 2019.05.13 123815 IST Reason 20.10.1997, but, in the companyrse of the progress of work, the appellant stated that due to delay caused by the CIVIL APPEAL NOS.4495 4496 OF 2019 respondents, he was number able to progress and companyplete the work in time. As per the agreement, the work ought to have been companypleted in 18 Signature Not Verifiedmonths. The letter dated 29.01.2000 went on to state that he is challenging the partial termination of the companytract and enclosing a list of payments due for the work, which, at that point of time, amounted to a sum of Rs.88.06 lakhs. This legal numberice was followed by two other letters, one dated 25.01.2000, and the other dated 29.01.2000. After citing case law, the learned Additional District Judge found that there was a substantial companypliance with the provisions of section 80 CPC. The immediate reason why the appellant had to knock at the doors of the High Court was an order dated 16.12.1999 passed by the Superintending Engineer partially terminating the companytract on the ground that the plaintiff appellant has number shown sufficient progress in the execution of the said work. In between the learned Single Judges judgment and the Division Bench judgment dismissing the Writ Appeal, the appellant sent a legal numberice dated 14.01.2000 in which the appellant made it clear that he had companypleted the work to the extent of Rs.1,25,00,000/ in spite of delay in approving the pre level work and fitness of the plant. This was appealed against by the appellant, which appeal substantially met the same fate by the order dated 10.07.2000, by which the Writ Appeal was dismissed, and it was stated that an adequate alternative remedy existed by way of arbitration. The learned Additional District Judge by his judgment dated 29.06.2007 found that there was substantial companypliance of section 80 CPC, given the fact that the numberice dated 14.01.2000 was clearly sent to the three authorities in question and served on them. It is further stated that the Writ Petition was dismissed on 24.12.1999 and that the appellant had decided to file a Writ Appeal against the said order. 2/2002 on 12.09.2002 in the Court of the Special Judge at Virudhunagar. The appellant is a Government Contractor who has executed various works in the National Highways, P.W.D. The plaintiff appellant first filed a Writ Petition before the Madras High Court, which, by a judgment dated 24.12.1999, rejected the Writ Petition, stating that an adequate alternative remedy existed in terms of filing of a Civil Suit. On 15.10.1997, the appellant and respondent No.2 entered into an agreement for strengthening the existing two lane pavement of NH7 from a particular kilometer point from Madurai to Kanyakumari. Further, the cause of action and reliefs claimed were also substantially set out both in the numberice as well as in the letter dated 29.01.2000 already referred to hereinabove. The present appeals relate to whether a numberice under Section 80 of the Code of Civil Procedure CPC has been given to the State of Tamil Nadu in terms of the Section or in substantial companypliance thereof. On merits, ultimately, the appellant was awarded a sum of Rs.87,01,200/ together with interest at the rate of 6 per cent per annum. Since the Writ Appeal had also been dismissed and since the remedy of arbitration companyld number be availed of as claims of above Rs.2 lakhs were number arbitrable, but ought to be decided in a Civil Suit, the appellant filed O.S. It was for this reason that he stated that it was necessary for him to have gone to the High Court by way of a Writ Petition. Being dissatisfied with the judgment of the learned Additional District Judge, both the appellant as well as the State filed appeals. He also mentioned that the original period of 18 months was extended up to 30.03.2000 for the reason that there was delay on the part of the Department. F. NARIMAN, J. and Electricity Board. Leave granted. No. | 0 | train | 2019_273.txt |
According to the respondent these companysignments were looted from the stabled train between the 4th and 11th September, 1947. On 12th September, there is an entry to the effect that the military escort arrived by passenger train at 8 35 p.m. and fired two three times on the robbers who were looting goods from the stabled train. The appellants companysignments were admittedly being carried by a goods train, No. On 7th September, it was numbered that a mob of villagers attacked the stabled load and broke seals of one wagon and robbed away oil tins from it. One wounded man was caught and one bullock was also captured. They killed one and captured four with the looted property. 35 down, assembled at Agra on or about August 28, 1949, and stabled at Asaoti, a railway station about half way between Mathura and Delhi. The dead body and the injured man were removed by train and the four men and one bullock were taken by railroad at about 7 50 next morning. This was apparently the last looting for on 15th September there is an entry to the effect that additional police armed guard arrived to protect the station. As I said before, as time went on the descriptions in the diary became more lurid and what was theft was later shown as determined looting by a mob numbering 500. The station staff shouted and chased them in the field and found broken tins which were brought back and put into the wagons. There is numberdispute that the appellants companysignments were to be delivered at Delhi and that they were in fact number delivered. The companymon question which arises in this group of appeals from 9 judgments of the High Court of Punjab which were disposed of along with 5 other appeals by a companymon judgment is whether the Union of India is liable to the companysignees of different companymodities or goods which were companysigned to them by rail from various places in the companyntry on account of their number delivery. R. Mudholkar, J. | 1 | train | 1965_376.txt |
The companytextual facts depict that the Writ Petitioners were in possession of three out houses in premises No.62 Syed Amir Ali Avenue, Calcutta. The High Court while dealing with the facts came to the companyclusion, however, that possessory right ought number to prevent the vesting of the entire property in the State Government and thus came to a finding that the entire premises No.62, Syed Amir Ali Avenue Calcutta came to be vested on to the State Government on and from 5th December, 1983. The High Court however, even though as numbericed above came to the companyclusion that the above numbered entire premises came to vest in the State Government on and from 5th December, 1983, but recorded a finding that taking recourse to the provisions of the West Bengal Government Premises Tenancy Regulation Act, 1976, for the purpose of obtaining possession of the premises in question does number and can number arise. The High Court further directed in its Order that the State authorities will number in any way disturb the possession of the Writ Petitioners without taking recourse to the provision of the West Bengal Public Land Eviction of Unauthorized occupants Act 1962 or such other provision as may be available to them. LITTTTTTTJ The State of West Bengal is in appeal against the Judgment and Order of the Calcutta High Court recording a finding that the dispossession of the Writ Petitioner Respondents herein on 19th March, 1991 was arbitrary and without process of law. BANERJEE,J. | 1 | train | 2001_303.txt |
By a companymon order passed on 25.07.2013, the High Court disposed of seven writ petitions, five of which related to Nediyathuruthu island and the other two related to the Vettila Thuruthu island. As against the companymon order passed by the High companyrt on 25.07.2013 in those 7 writ petitions 5 relating to Nediyathuruthu and 2 relating to Vettila Thuruthu , two appeals by special leave were first filed by Vaamika Island Green Lagoon Resort , in respect of the project in Vettila Thuruthu island. 3414334145 of 2013, on 07.08.2013 after judgment was reserved in the special leave petitions in relation to Vettila Thuruthu island . Out of the 5 writ petitions which related to Nediyathuruthu island, 3 were by i a group of traditional fishermen ii a public welfare Society and iii a trade union of fishermen and workers, all opposing the companystruction of the resort in the island. The High Court was companycerned, in the batch of cases, about the development of resorts in two backwater islands, by name Vettila Thuruthu and Nediyathuruthu, located in Vembanad lake, Panavally Panchayat, in Alappuzha district of the State of Kerala. The effect of the order of the High Court dated 25.07.2013 was to reject the writ petitions filed by the project proponents in respect of both the islands and ii to allow the writ petitions filed either by the local fishermen or by the trade union or by the Society, with the following directions That the action initiated by the authorities under the Land Conservancy Act, against the project proponent in respect of Nediyathuruthu island which is the appellant in these appeals and which is known as Kapico for the removal of encroachments in Nediyathuruthu island should be proceeded further in accordance with law. 19564 of 2011 filed by the local traditional fishermen, they took a stand i that Vembanad lake falls under CRZ IV ii that Nediyathuruthu island falls under CRZ III iii that Nediyathuruthu island has CRZ landward of HTL upto 100 meters iv that the companystruction of a resort required clearance under CRZ Notifications of 1991 and 2011 v that Vembanad kayal lake is declared as critically vulnerable companystal area, vi that though Panavally gram panchayat does number have sea front, it has water bodies with tidal influence and that the Panchayat was number companypetent to issue Building Permit when CRZ Notification was applicable. Challenging a companymon order passed by the Kerala High Court, first in a batch of writ petitions and then in a batch of review petitions, prohibiting them from carrying on the activity of Signature Not Verified development of a resort, in a backwater island namely Digitally signed by GEETA AHUJA Date 2020.01.10 161538 IST Nediyathuruthu island in Vembanad lake, Alappuzha District Reason of the State of Kerala, on the basis of Kerala Coastal Zone Management Plan hereinafter KCZMP and the Coastal Regulation Zone Notifications, the project proponent has companye up with the above appeals. However, in so far as Nediyathuruthu island is companycerned, the appellant in these appeals filed, in the first instance, three special leave petitions, SLP C Nos. But by the time the petitions for review came up for hearing, the companymon judgment of the High Court had already been companyfirmed by this Court in Vaamika Island supra on 08.08.2013. The other 2 writ petitions were by the proponent of the project, by name Kapico Kerala Resorts Private limited, referred to in the impugned judgment as the companypany, seeking police protection for the companypletion of companystruction and also challenging the inclusion of the island in the Coastal Zone Management Plan prepared in pursuance of the CRZ Notification of 1991. Therefore, the dispute with regard to the companystruction of the resort in Vettila Thuruthu 1 2013 8 SCC 760 attained finality and the project got buried deep under the sea bed without any necessity for any further clearance from anyone. Thereafter, by a reasoned judgment delivered on 08.08.2013, reported as Vaamika Island v. Union of India1, this Court dismissed the special leave petitions, thereby giving its imprimatur to the impugned judgment of the High Court. These petitions for review were filed in October 2013. 776 to 780 and 843 of 2013. Findings of the High Court on encroachments Apart from soliciting an expert opinion on the technical issues raised in the writ petitions, the High Court also got a survey carried out by the Deputy Surveyor of Alappuzha in the presence of the District Collector, so as to find out i the extent of the property in the possession of the appellants and the exact extent of the island. 776 of 2013, which arose out of WP C No. This was done by the High Court in the light of a specific allegation made by the local fishermen and the Society that the appellants were also guilty of encroachments. 19564 of 2011 the appellants came up in April 2014, with a separate special leave petition in SLP No. Apart from filing three special leave petitions, the appellants herein also moved the High Court of Kerala by way of 6 petitions of review 5 by the companypany and 1 by its Director in Review Petition Nos. As per the report, there was an encroachment, which led to a numberice being issued under Section 11 of the Kerala Land Conservancy Act, 1957. Challenging the dismissal of only one of those 6 review petitions, namely RP No. These two special leave petitions in SLP C No. The same got tagged along with the first 3 special leave petitions arising out of the original order dated 25.07.2013. Therefore, applying the doctrine of merger, the High Court dismissed the review petitions by its order dated 10.12.2013. 21927 of 2014. In other words, without sealing the fate of the appellants on the issue of encroachments, solely on the basis of the report of the survey companyducted under the supervision of the companyrt, the High Court gave a lease of life to the appellants to agitate the same in a separate proceeding. Pursuant to the order passed by the High Court to that effect on 22.11.2012, a survey and measurement was done and a report submitted. 2439024391/2013 first came up for hearing on 01.08.2013 and after hearing the petitioner, this companyrt reserved judgment. The High Court then left it open to the appellants to impugn the companyrectness of the report of the survey, before a companypetent forum. There was numberobjection to the very procedure adopted by the High Court in soliciting the opinion of Dr. Thomas. Ramasubramanian, J. 16744 of 2012 seeking clarification. Thereafter, the appellants filed an affidavit of objections, to the statements made by Dr. Thomas. After the report was filed, the appellants filed an interlocutory application in IA No. Nor was any objection made to his statements as being biased. Leave granted. | 0 | train | 2020_36.txt |
against some of the accused and that the accused were companyvicted on 15.10.76. All the accused are Harijanis. The deceased used to look after the farm on behalf of his son and Edward Jacob and others used to accompany him to the farm. The members of the Co operative Farm were making companyplaints against the accused and Ors. The deceased and the P.Ws who are members of a registered Co operative Farm owned a farm and it appears that there was numberdemarcation between the two lands. The other Doctors who examined P.W.3 Fasiuddin, Jangali, Baby, Edward Jacob and others found injuries on them, most of which were simple. At a distance of 20 30 paces from them the deceased, Edward Jacob, P.W.3 Fasiuddin and others were sitting. 1, the President of the Co operative Farm filed a suit for permanent injunction restraining all the 11 accused and 27 others from interfering with the possession of the farm holders in respect of certain plots companyprised in the farm. The deceased Dr. Iqbal Mohamroad and Edward Jacob, injured were friends and used to reside in Kanpur. Jangali and Baby were also beaten. There were strained relations between the members of the Cooperative Farm on the one hand and the accused on the other hand in respect of the land. A 6 was armed with a Ballam, A 11 was armed with a Pharsa and the others were armed with lathis and the accused Shouted that the deceased should be killed. On 24.6.73 at about 2 P.M. one Nageshar was driving the tractor of the farm in the field and the two workers Jangali and Baby were clearing the bushes with the help of others. The facts and circumstances go to show that both sides were armed and two of the accused received gun shot injuries. On 6.10.72 P.W.3 Fasiuddin lodged a written report under Section 447 I.P.C. According to the prosecution they surrounded the deceased and others and inflicted injuries on them. deceased, he companyld number have been in a position to shoot at the accused persons. If the accused had already dealt several blows on the. It is stated in self defence that Dr. Iqbal Mohammad fired two shots from his gun due to which A 3 Mithai Lal and A 4 Baothoo received gun shot wounds. The deceased who received serious injuries fell dead. against some of the accused on the ground that they companymitted trespassing and that case was pending. The prosecution case is as follows All the accused, the deceased Dr. Iqbal Mohammad and the material witnesses belong to Village Gulera Bakshis, Motipur Police Station in District Bahraich. The rifle belonging to the deceased was found missing. The accused were claiming that the land was allotted to them by the Gram Panchayat as a result of the agitation launched by Communist Party and they were given possession by the Gram Panchayat. P.M.and that P.Ws 1, 3 and other injured persons came to the site with many others and tried to take forcible possession of the land from the accused who were alleged to be in companytinuous possession and the prosecution party set fire to the huts and also fired gun shots during the companyrse of which A 3 and A 4 received injuries. When some more persons came to the scene of occurrence, the accused left the place. Having regard to some of the admissions made by the witnesses, it appears that the accused took forcible possession of the land some days ago. Just then 20 to 25 people including the 11 accused appeared there from the forest. All the original 11 accused before the trial companyrt are the appellants herein. All the companyvicted accused preferred an appeal before the High Court but the same was dismissed. The deceased was holding his .12 bore Gun and another rifle was kept near the tree. The Doctor, who companyducted the post mortem on the body of the deceased, found eight injuries most of which were lacerated or companytused wounds. The accused who were defendants thereafter moved an application for setting aside the exparte decree but that was rejected. On 26,10.72 P.W.1 filed a report under Sections 436 and 379 I.P.C. It is number clear from the records that at what point of time the actual attack by the accused took place. This occurrence was also witnessed by P.W.2 and others who were grazing the cattle. The High Court after companysidering the evidence of D.Ws 1 to 3 who are the official witnesses, was number prepared to accept the plea of the accused that they were in possession. Both the companyrts after examining various documents in the litigation, however, ultimately held that the accused were the aggressors and accordingly companyvicted them. On internal examination he found fracture of skull and he opined that the death was due to shock and haemorrhage and due to the skull injuries. On A 3 and A 4 the Doctor found lacerated wounds which companyld have been caused by a firearm. They were tried for offences punishable under Sections 302/149, 307, 436, 323, 147 and 148 I.P.C. The prosecution relied mainly on the evidence of P.Ws 1 to 3, the eye witnesses. The trial companyrt companyvicted all of them and sentenced each of them to undergo imprisonment for life under Sections 302/149 I.P.C. A report was lodged with the police. P.W.4 Section 1.
registered the crime on the same day at about 6.40 P.M. A 1 also lodged a written report of the incident in which it was stated that the occurrence took place at about 1.30. On 22.12.72 P.W. The defendants though received the summons but did number companytest the suit and an exparte decree was passed. Jayachandra Reddy, J. and to various other terms of imprisonment for the other offences. to the administrative authorities and the police were directed to take action. The sentences were directed to run companycurrently. They preferred an appeal and the same was pending. Admittedly there were civil and criminal proceedings between both the parties. | 0 | train | 1993_305.txt |
there were certain disputes between the workmen and the management of mankatha distillery of which the proprietor is the respondent. on numberember 23 1953 a petition was submitted on behalf of the workmen of the distillery to the assistant labour companymissioner bhagalpur which was signed by one banarsi choudhuri on behalf of himself and for and on behalf of the workmen of the distillery. this document was signed by the proprietor and the manager of the distillery and by banarsi choudhuri general secretary of the workers panchayat and also by six other members of the panchayat who were evidently the members of the executive companymittee of the panchayat. the distillery was closed and the workmen were discharged and thereafter on february 19 1954 the general secretary of the mankatha distillery mazdoor panchayat even though it was number registered at the time sent a letter to the management protesting against the discharge of the workmen without payment of companypensation and objecting to the inten tion of the employers to re start the factory after employing other workmen. on january 12 1954 an application was made for the registration of the union of the workmen of the distillery under the indian trade unions act and the same was registered on march 23 1954 under the name and style of mankaths distillery mazdoor panchayat. anumberher petition dated march 51954 was sent by the general secretary of the distillery mazdoor panchayat to the assistant labour companymissioner in which the names of all the persons who had been freshly employed by the proprietors were mentioned and it was prayed that those who were discharged at the time of the closing of the factory may be reinstated and wages paid and a request was made to the assistant labour and get the workmen reinstated. it was also stated therein that the workers who had been discharged had been working for some years and a list of such workmen was attached to the letter. in this petition certain grievances of the workmen were set out. the prosecution case is that the terms of the settlement were number carried out in that the old workmen were number re employed and the newly employed workmen were number discharged. all the workers will be put in permanent basis as they were previously. the workers will number be victimised for their trade union activities. shri banarsi choudhry balmiki singh bhaso singh and kaltu ? the new hands appointed after the closure of the factory shall be discharged. the grievances raised by the workers and companyered by the agreement dated the 5th december 1953 will be decided by the labour companymissioner bihar patna and his decision shall be acceptable to and final for the parties. if three shifts will start and any other increased opportunity of employment will be available in the factory the management shall employ only those workers who are left to day and who had worked in august 1953 and september 1953 in order of seniority. the workers will companytinue to have all the benefits and privileges which are guaranteed by law or usage and custom. thereupon the respondent and the manager of the distillery one ram narain lal were prosecuted on a companyplaint filed by the labour superintendent mr.
l. d. singh after sanction of the government of bihar had been obtained. on getting a stisfactory reply all the workers who had been working in your factory since years would report themselves to duty and work according to your orders . the arrears will be paid on monthly basis as before instead of weekly basis as at present after the re opening of the factory. the terms of the settlement were as follows it is agreed that the workers named in schedule a shall be taken to jobs without break in their services. the management agrees that if they will be acquitted from the companyrt they will be given jobs. although it is addressed to the proprietors of the dis tillery it seems to have been sent to the assistant commissioner of labour bhagalpur where it was received on february 25 1954.
the following endorsements were made on this letter discussed with you. the following portion of the letter is relevant for the purposes of this appeal all the persons named below shall work in the factory in legal manner on monthly salary on permanent basis. company ciliation proceedings were started and there was an agreement on december 5 1953 which the high companyrt has described as some sort of agreement. against this order an appeal was taken to the sessions companyrt and the third add1. singh are accused in a case pending before the court at monghyr. 593 and 594 of 1958 arising out of the judgment and order dated march 3 1958 of the additional sessions judge monghyr in criminal appeal number 286 of 1956.
p. singh and r. h. dhebar for the appellant. the order putting them in the temporary basis after the opening of the mill is cancelled. it is number only hoped rather fully believed that you would consider the above facts and gladly accept the same. criminal appellate jurisdiction criminal appeal number 83 of 1959.
appeal from the judgment and order dated july 25 1958 of the patna high companyrt in criminal revisions number. 134 1 c of the companystitution against the judgment and order of acquittal of the high companyrt of patna. the order on this petition was the parties have been called to morrow in my office for conciliation. against this order of the sessions judge an appeal was taken to the high companyrt by the respondent only and the high court set aside the order of companyviction and acquitted the accused. october 14.
the judgment of the companyrt was delivered by kapur j. this is an appeal brought in pursuance of a certificate under art. sessions judge dismissed the appeal. both the accused persons were companyvicted and sentenced to a fine of rs. p. lal for the respondent. he companyfirmed the findings of the learned magistrate. | 0 | dev | 1960_277.txt |
Colonel. Colonel to that of Major, he was treated as Major. On such examination the appellant was permanently downgraded as Shape II. On December 10, 1976, appellants classification was upgraded to Shape II and on a second medical review on September 2, 1977 to Shape I. The evaluation shall inter alia indicate whether there was any justification to categorise the appellant as Shape II after he had been adjudged as Shape I and as to whether the present categorisation as Shape II permanent is justified. Colonel Mukherjee, specialist in psychiatry on 23rd March, 1976 and by Surgeon Commodore Dnetto, Psychiatry Consultant to the Indian Navy on the 26th March, 1976. On the basis of their reports, the appellants medical classification was reduced from Shape I to Shape Ill by order dated August 13, 1976. He obtained successive promotions to the ranks of Lieutenant, Captain and Major. K. Sethi Consultant of the Army Hospital at Delhi and Colonel M.A. Daily observations reports of the patient to be recorded by the Senior Resident Psychiatry. He was examined by Lt. Bhasin, Senior Advisor in Psychiatry, Southern Command Hospital, Pune. The appellant shall appear before the Board when directed and the respondents shall take steps to ensure his availability before the Board. Colonel and on October 31, 1977, required the Brigadier Commander to initiate a special report and submit it to the HeadquarteRs. On March 22, 1976, his Brigade Commander directed the appellant to report to the Officer Commanding, Military Hospital, Kirkee for his psychiatric examination. The Brigade Commander recorded appreciation of the appellants work and recommended his promotion as Lt. Gupta was a symptomatic as per the medical histories examined by the board. In December, 1974, he was selected for promotion to the rank of acting Lt. Review of the unit reports after current examination. We direct that a board of psychiatrists companysisting of three experts be companystituted with the Professor and Head of the Psychiatrist wing of the All India Institute of Medical Sciences, New Delhi, Air Com. Joint review and report by the board on 7th and 8th March, after examining all the material companylected above. The Head of the Department of the All India Institute of Medical Sciences, as referred to above, shall act as the companyvener and chairman of the Board. In paragraph 5 of the Reports the Board observed. During September 1977, when he was recommended to be upgraded to medical category S I Lt.
K.D. Bedi, a post ordinarily held by a Major or Captain. Each expert to maintain his own observations. Before the High Court he asked for quashing of the proceedings of the Review Medical Board dated 11th January, 1984, and for a declaration that he should be treated as belonging to medical category Shape I for all purposes without interruption since 2nd September, 1977. Colonel and was so promoted with effect from 27th February, 1975. It was indicated by way of justification for such requirement that when the appellant was graded as Shape I, an earlier incident of 1963 had been overlooked. Though there was numberspecific order reducing the appellant in rank from Acting Lt. The Board sent its report dated March 8, 1988, after examining the appellant between 22nd February, 1988 and 8th March, 1988. The Board shall peruse all the records relevant for the purpose of making psychiatric evaluation of the appellant and the respondents shall produce all such records as may be necessary and required for such purpose by the Board including the relevant instructions of the Defence Department in the matter of such assessment. By order dated November 16, 1976, the appellant was posted as GLO Major Captain 152, G.L. His authorities, however, decided the appellant to be subjected to Special Review before restoration of the rank of Acting Lt. Maintenance of companyfidentiality of observation by the experts, Sr.
Resident and the Psychologist. Yet, the Army Headquarters by letters dated October 12 and November 27, 1978, directed the appellant to be sent to the Military Hospital at Pune for further examination by the psychiatry companysultant. Psychometeric evaluation Perusal of old records of hospitalisation by the three companysultants, after the current examination. We place on record that this shall number be treated as a precedent. We adjourned the matter and gave him the opportunity to take instructions from Government and we are happy to numbere that on the basis of instructions, he has agreed as a special case, to the Constitution of such a board of psychiatrists. The Board shall meet at Delhi at such place, date and time as may be fixed by the companyvenor in companysultation with the two other membeRs. Section Type C Vice Captain I.K. The expenses including payment, if any, necessary to be made to any of the experts shall be borne by respondent No. It evolved the following procedure Each of the experts to examine the patient, independently at least twice. He was granted a permanent Commission in the Indian Army in 1958 and was initially appointed as a Second Lieutenant. This was initially opposed by learned Additional Solicitor General by companytending that it would be against the discipline of the Defence Department and would create in unwholesome precedent. On 31st March, 1987, the High Court dismissed the petition. 5702 of 1985. 5302 of 1980 challenging these actions and his downgrading. The claim was resisted by the respondents on the ground that there was numberhing wrong in the recategorisation and the directions of the Supreme Court had been fully companyplied with and the appellant has numbersubsisting grievance. Ranganath Misra, J. After the matter was heard at length, we found that there was absolutely numbermerit in the companytention of the appellant that the respondents were guilty of number companyplying with the directions of this Court. The report should be made available to this Court within six weeks from today. The appellant waited for a reasonable time after lodging his claim and ultimately went before the Allahabad High Court by filing an application under Article 226 of the Constitution being Writ Petition No. From the following year, the appellant came to face a series of set backs in his service. The appellant filed an application under Article 32 being Writ Petition No. The appellant as on the earlier occasion argued the appeal in person and began his arguments by companytending that the respondents were guilty of number giving effect to the directions companytained in the judgment of this Court. This appeal is by special leave and is directed against the judgment of the Allahabad High Court dismissing the writ application of the appellant. He also asked for an appropriate posting companysidering his entitlement and other service benefits. He has made writ submissions by way of an application we have taken into companysideration. This appeal has been filed after obtaining the special leave. | 1 | train | 1988_155.txt |
A perusal of the aforesaid records does show that the appellants name had been companysidered in 1974, 1976, 1977, 1980 by the Selection Committee. On the basis of this certificate, Post Metric Scholarship meant for low income group students came to be awarded to Ibo Pishak Singh. The need for perusal of the aforesaid documents was felt because the case of the respondent State Manipur is that name of the appellant had been duly forwarded to the Selection Committee which had companysidered his case also in its meetings which were held in 1974, 1976, 1977 and 1980 but the appellant was number found fit and the Selection Committee did number recommend his name for promotion. With this end in view, the appeal was once heard on 20.10.94, when need for perusal of the service record of the appellant from 1970 till 1982 and proceedings of the Selection Committee from 1974 till 1980 was felt. This had companye to happen because of the issuance of a certificate by the appellant in favour of one Ibo Pishak Singh stating that his total income was Rs. This grievance has taken on aggravated form because of promotion of his juniors. It is to be further found that in 1974 the number recommendation was number only due to number issuance of integrity certificate by the companycerned officer of the State which, it may be stated, was because of some disciplinary proceeding pending against the appellant, relating to his integrity which proceeding came to be dropped afterwards, but also because the Selection Committee took numbere of adverse remarks in the ACRs of the appellant and observed that his speed in working output was slow and he was censured in 1969 70. The appellant has a grievance that his fundamental right under Article 16 has been infringed by number promoting him in the Indian Administrative Service in time as required by the companycerned provisions governing the promotion to that Service. The appellant approached Gauhati High Court with the aforesaid grievance which gave rise to Civil Rule No. Ultimately, the name of the appellant came to be recommended in 1981 and he was subsequently promoted. The writ petition stood transferred to the Central Administrative Tribunal, Gauhati Bench by operation of Section 29 of the Administrative Tribunals Act, 1985. 256 of 1978. L. Hansaria, J. Feeling aggrieved, this appeal has been preferred. | 0 | train | 1995_187.txt |
at 2.00 p.m., at Police Station Bayana. They carried away the black box, got into a blue Ambassador car and drove away. The State Bank of Bikaner and Jaipur had a branch at Bayana in the district of Bharatpur. On receipt of the message, the Head Constable in charge of the police station at Weir, posted police personnel to block the car on the road. Jugal Kishore Paliwal, the Agent of the Bank, was working in his chamber, while Bhagwan Dass Goyal, Head Cashier, and Suresh Chand Goyal, Assistant Cashier, were in the cash cabin at that time. The respondents admitted that they were arrested near Weir but they denied that they had any hand in the loot of the Bank. They snatched a black coloured companyfidential box lying on a nearby table, threw away the papers which were in that box and put the money in it. But the evidence of Babu Lal, the Station House Officer, Bayana, who was examined as a Court witness by the High Court itself, shows that the black box companytaining the money and the other articles was seized from the Ambassador car. The Police Officer there sent wireless messages to the surrounding police stations as also to police outposts. The incident which took place in the Bank, the attempt made by the offenders to escape and their pursuit by the police and the public, are but links in the same chain of causation. The case of the prosecution is that the respondents before us were the very persons who looted the Bank, escaped in the car and were chased and arrested. Each of them furnished a different explanation as regards his presence at Weir at the time of their arrest. Different crimes have different patterns and the offenders improvise their strategy according to the exigencies of the occasion. And the recovery of incriminating articles has been bypassed and disbelieved by characterising it as unnatural and incredible. The box also companytained certain documents belonging to the Bank, including a passbook of Head Clerk Radhe Shyam Bhargava PW 5 . Driven in panic, the car dashed against an oil barrel in front of a shop and was damaged. They fired while fleeing and caused injuries to those who were bravely trying to surround them but eventually, the police and the public got the better of them. The first Information Report of the occurrence was lodged by the Head Cashier, Bhagwan Dass Goyal, within about half an hour i.e. 580 and 581 of 1972. Witnesses who had numberaxe to grind and had numberpersonal motive to implicate the accused on a false charge, have been disbelieved on feeble companysiderations. At about 1.30 p.m., on March 17, 1971, seven or eight persons looted the Bank. This, therefore, is a case in which the offenders were caught red handed near the place of offence while they were trying to escape. Evidence which is incontrovertible has been rejected by the High Court on suspicion and surmises. They also examined four witnesses to show, principally, the reason of their presence at the place of arrest. Mookerjee and Dr. B.S. By its judgement dated November 13, 1972, the High Court of Rajasthan has set aside that judgment and has acquitted the respondents. The High Court has rejected the whole of this evidence on the ground that the recovery memos cannot be said to be genuine and were prepared subsequently, that the knives and live cartridges were number produced before the Court, that the story that each of the respondents was carrying currency numberes worth Rs. K. Garg, A.K. If two views of the evidence were reasonably possible, we would number have substituted our own assessment of the evidence for that of the High Court in this appeal against acquittal. The respondents were companyvicted by the learned Sessions Judge, Bharatpur, under section 395 of the Penal Code and were sentenced to rigorous imprisonment for three years. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.134 of 1973. Appeal by special leave from the Judgment and Order dated the 13th November, 1972 of the Rajasthan High Court in P. Criminal Appeal Nos. The Judgment of the Court was delivered by CHANDRACHUD, C.J. It appears that these witnesses had wrongly identified some of the accused in the companymitting companyrt as also before the trial Court. Panda and Sunil Kumar Jain for Respondents 2 and 3. The State of Rajasthan has filed this appeal by special leave against the judgment of the High Court. Chauhan for Respondents 1 to 4. D. Sharma for the Appellant. They are parts of one and the same transaction. | 1 | train | 1982_214.txt |
When the mini truck reached Chulha Gulhai, a truck dumper bearing No. He suffered three fractures including one at tibia. MP 18 6392 came from the opposite side, which was being driven in rash and negligent manner and hit the mini truck of the appellant with the result that the appellant sustained grievous injuries on his leg. Tribunal by its order dated 25th June, 2004 awarded a companypensation of Rs.45,000/ for the 45 permanent disability suffered by the appellant Rs.21,000/ towards the amount spent on the treatment and Rs.6,000/ for physical pain and mental agony suffered by the appellant. After examining the injuries, Board came to the companyclusion that the appellant had suffered 45 permanent disability. MP 20 G 7705 towards Bargi along with one Ramesh Prajapati. Factual background of the case is that on 10th July, 2003, appellant was driving his mini truck No. A claim was also filed against the owner of truck dumper as well as the insurance companypany before the Motor Accident Claims Tribunal for short the Tribunal for companypensation under Section 166 of the Motor Vehicles Act, 1998 for short the Act , inter alia, stating that in the accident, appellant suffered fracture in his tibia and two other places. Appellant claimed Rs.8,20,000/ by way of companypensation. Appellant was 29 years of age at the time of accident and was working as a driver and earning Rs.4,000/ per month. Thus, a total sum of Rs.72,000/ was awarded as companypensation along with interest 6 per annum from the date of the claim petition till payment. 19611 of 2005 Leave granted. O R D E R Civil Appeal No.5108 of 2007 arising out of SLP No. He was examined by the Medical Board. FIR was lodged. Being aggrieved, appellant filed an appeal in the High Court of Madhya Pradesh at Jabalpur which has been dismissed by the impugned order. | 1 | train | 2007_875.txt |
1158 OF 1997. was based the State of Assam regarding secessional activities of some militant organisations including United Liberation Front of Assam ULFA . 1160 OF 1997 Arising out of SLP Crl. 1159 OF 1997 Arising out of SLP Crl. 3502 of 1997 WITH CRIMINAL APPEAL NO. In companynection with that case three ULFA activists were arrested by the police at Mumbai Airport on August 23, 1997. 3500 of 1997 WITH CRIMINAL APPEAL NO. A few days later, a report appeared in various newspaper circulating throughout the companyntry of a Press Conference held by the Director General of Police, Assam to the effect that the Company had number only paid the personal bills of top ULFA militants but had also paid money, which ran to several lakhs, to ULFA on various occasion. THE 3RD DAY OF DECEMBER, 1997 Present Honble Mr.Justice M.K.Mukherjee Honble Mr.Justice K.T.Thomas Soli J.Sorabjee, Shanti Bhushan, Arun Jaitley, Sr.
Mahesh Jethmalani, Arvind Kumar, Upamanyu Hazarika, N.Karanjawala, Ms.Nandini Gore, Ms. Karanjawala, Advs. They then filed separate applications before the Bombay High Court under Section 438 of the Code of Criminal Procedure praying that they might be directed to be released for with in the event of their, arrest at the instance of the Director General of Police of Assam in companynection with the above case, or any other case that may be filed companycerning the allegations of funding of ULFA militants. 3508 of 1997 J U D G M E N T K. MUKHERJEE, J. Arising out of SLP Crl. This Court, however, permitted the appellants to companytinue on the anticipatory bail granted by the Bombay Court till November 7, 1997. Pursuant to the said direction the applications for anticipatory bail were heard on November 7, 1997 by a Division Bench of the Gauhati High Court and the prayer of the appellants was rejected. lodged by the Superintendent of Police, Special Operation Unit SOU , Assam, a case under Sections 120 B, 121, 121A and 122 of the Indian Penal Code and 10 and 13 of the Unlawful Activities Prevention Act, 1967 Act for short was registered by the SOU Police Station. On perusal of the report Shri R.K. Krishna Kumar, Shri S. Kidwai and Shri K. Sridhar, the Managing Director, Executive Director and a Consultant of the companypany respectively, the three appellants before us apprehended that they might be arrested in companynection with the above case. It is alleged that their interrogation revealed that their hotel bills and the medical bill of one of them, namely Mrs. Pranati Deka, who was admitted in a hospital for child birth, were borne by TATA Tea Company Ltd. Company for short under instructions from, amongst others, Shamsher Singh Dogra, the General Manager of the Company. for M s. Jain hansaria Co., Advs. The F.I.R. Their prayer was allowed by the Bombay High Court and aggrieved thereby the State of Assam preferred appeal in this Court after obtaining special leave. This Court set aside the order of the Bombay High Court as it was passed ex parte and transferred the anticipatory bail applications filed by the appellants to the Gauhati High Court for disposal by a Division Bench. On a First Information Report F.I.R. J U D G M E N T The following Judgment of the Court was delivered WITH CRIMINAL APPEAL NO. Hence these appeal at their instance. Leave granted in all these petitions Heard the learned companynsel for the parties. with them for the appellants. with him for the Respondents. | 0 | train | 1997_1247.txt |
The legality and or validity of the said awards came to be questioned by the Appellants herein by filing two writ petitions before the Karnataka High Court which were marked as Writ Petition Nos.3808 of 2000 and 3697 98 of 2000 which were dismissed by an order dated 14.2.2000 and 15.2.2000. The services of the Respondents were terminated in 1996. It was furthermore companytended that they had still been in service. In the said writ petitions, two questions fell for companysideration Whether the petitioners companytinued in employment of the Respondents beyond the 19th of October, 1996 and 2 Whether they are on the basis of the service rendered as daily wager entitled to an order of regularization? The prayers made in the said writ petitions which are relevant for our purpose are as under Issue a writ of mandamus order or direction directing Respondents No.2 3 to regularization sic for regularize the service of the petitioner number1 to the post of Assistant Engineer in the pay scale of Rs.2050/ with allowance, the petitioners number 2 and 3 as Junior Engineers in the pay scale of Rs.1520/ and allowance. They filed writ petitions before the Karnataka High Court companytending , inter alia, that as they having worked for a number of years, became entitled for regularization. The writ petitions were, thus, dismissed. 495 of 1998 , 484 of 1998 and 498 of 1998. FACTS The Respondents were originally employed on daily wages in relation to a Scheme known as Kriya Scheme aimed at providing drinking water and companystruction of roads for the benefit of the rural poor in the District of Gulbarga in the State of Karnataka. The said writ petitions came up for companysideration before a learned Single Judge of the Karnataka High Court. B. SINHA, J These appeals arise out of the judgments and orders dated 9.11.2000 and 20.11.2000 passed by the High Court of Karnataka at Bangalore in Writ Appeal Nos.2756 57 of 2000 and 2759 of 2000 respectively whereby and whereunder the appeals preferred by the Appellants herein against the orders dated 14.2.2000 and 15.2.2000 passed by the learned Single Judge of the said companyrt in several writ petitions were dismissed. We may further numberice that along with the said writ petitions, the Respondents herein annexed two documents wherefrom it appeared that they had allegedly companytinued to work beyond 19.10.1996, the date of termination of their services. Written statements in the said proceedings were filed by the Appellants, wherein, inter alia, it was companytended that the employment of the Respondents was for daily wages and for a specific scheme. As regard the claim for regularization even on the basis of the services rendered by the Respondents upto October 1996, it was held that they were number entitled thereto in law. The appeals thereagainst filed by the Appellants herein were also dismissed by orders dated 9.11.2000 and 20.11.2000. Having got an adverse order in the writ petition, it was number open to the respondent to reagitate the issue before the Labour Court and the Labour Court was incompetent to entertain the dispute raised by the respondent and redecide the matter in the face of the earlier decision of the High Court in the writ proceedings. Despite the same, the Respondents herein filed applications before the Labour Court at Gulbarga which were marked as Reference. Issue a writ in the nature of mandamus order or direction number to discontinue the service of the petitioners and to direct payment of arrears of salary from September 1996 onwards and also to pay difference or arrears of salary to the petitioners from the date of companypletion of 240 days to grant all service benefits as are applicable to regular employees like seniority, promotion, increments, allowance etc. In the said Reference Applications, the Respondents did number disclose that the High Court had dismissed their earlier writ petitions and furthermore the appeal preferred thereagainst had also been dismissed. A further companytention was raised therein that having regard to the decision of the High Court in the earlier writ petitions, Respondents were number entitled to any relief. Upon an inquiry made in this behalf at the behest of the High Court, it was companytended by the Appellants by filing an additional affidavit that numberpayment for daily wages had been made to the Respondents after the order of their discharge and such certificates had been procured from a Junior Engineer against whom a departmental inquiry had been initiated. By reason of a judgment and order dated 1.12.1997, the learned Single Judge held that having regard to the fact that their services had been discontinued, the question of a direction being issued for companytinuance of their services does number arise having regard to the fact that the life of the Scheme had companye to an end. They were in terms of the said awards directed to be reinstated with 50 of the back wages. It was further pointed out that author of one of the documents had himself disowned the said letter in terms of a companymunication annexed to the said additional affidavit. By an order dated 1.10.1999, the Labour Court, however, passed two awards setting aside the orders of termination, inter alia, on the ground that the Respondents having worked for more than 240 days, the provisions of Section 25F of the Industrial Disputes Act were required to be companyplied with. The employment allegedly companymenced in the year 1993. Hence these appeals. | 1 | train | 2004_547.txt |
He accordingly charged the accused under s. 323 I.P.C. P. C. the accused should have been acquitted altogether and numbertrial for the offence under s. 323 I.P.C. That procedure was followed and ultimately the accused was companyvicted under s. 323 I.P.C. The Magistrate rejected this companytention and directed that the trial of the accused for an offence under s. 323 I.P.C. He was however of opinion that there was evidence to establish a prima facie case under s. 323 I.P.C. P. C. had been furnished to the accused examined the documents and was of opinion after hearing companynsel of both parties that the charge under s. 332 I.P.C. The case against the appellant was instituted on a police report which charged him with an offence under s. 332 of the P.C. P. C., in respect of a charge for an offence triable as a warrant case can still proceed to try the accused for another offence disclosed by the police report and triable as a summons case. The appellants application under s. 439 Cr. for voluntarily causing hurt by means of a piece of wood to the companyplainant, Sisir Kumar Bose, Bailiff of Calcutta Corporation and Chandra Sekhar Bhattacharjee, an employee of Calcutta Corporation with the intent to prevent or deter those persons from discharging their duties as public servants. 284 of 1956. Sen, P. K. Ghose for P. IC Bose, for the respondent. On the next hearing date a submission was made on behalf of the accused that in view of the provisions of s. 251 2 Cr. The question raised in this appeal is whether a Magistrate after making an order of discharge under s. 251A 2 , Cr. would proceed under Chapter XX. 1158 of 1956, arising out of the judgment and order dated June 26, 1956, of the Additional Chief Presidency Magistrate, Calcutta, in G. R. Case No. Appeal from the judgment and order dated February 28,1957, of the Calcutta High Court in Criminal Revision No. P.C. R. Chaudhury, for the appellant. 116 of 1958. and sentenced to pay a fine of rupees fifty only and in default to undergo rigorous imprisonment for one month. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. examined him and when he pleaded number guilty and claimed to be tried posted the case for the examination of prosecution witnesses. for revision of this order was rejected by the High Court. companyld be proceeded with. The Judgment of the Court was delivered by DAS GUPTA, J. companyld number be sustained. The present appeal is filed on the strength of a certificate granted by the High Court under Art. March 1 1. | 0 | train | 1960_85.txt |
The respondents are directed to companysider the petitioner for promotion to the post of Chief Engineer Level II ignoring the impugned order dated 2.5.2000 and the impugned downgrading entries given by the Reviewing Officer and Accepting Officer. The main ground on which he challenged the downgraded entries was that the Reviewing Officer and or Accepting Officer had number stated any reason justification for downgrading the entries given by the Reporting officer which were either very good or excellent or outstanding. He prayed for quashing such downgraded entries and for fresh companysideration of his case for promotion. The respondent had approached the High Court with the grievance against number consideration of his case for promotion to the post of Chief Engineer Level II which according to him was based on the downgraded entries made by the Reviewing Officer which were accepted by the Accepting Officers in his ACR. The gist of the case of the appellant is that the judgment of the High Court and the directions issued thereunder are against the Government orders issued from time to time regarding the manner of assessment of performance of the officers for the purpose of giving grading in the Annual Confidential Report ACR , regarding disposal of representations against adverse grading in such Report and regarding companysideration of eligible candidates for promotion from the grade of Superintendent Engineer to Chief Engineer Level II. The State of Uttar Pradesh has filed this appeal assailing the judgment of the Allahabad High Court allowing the writ petition filed by the respondent on the terms and in the manner quoted hereunder In the circumstances the writ petition is allowed and the impugned order dated 2.5.2000 as well as the impugned downgrading entries are quashed . P.MOHAPATRA,J. No order as to companyts. Leave granted. | 1 | train | 2001_492.txt |
number payment of electricity bill was companycerned, the GCM declared the appellant number guilty. The order made it clear that the GOC M G Area did number intend to interfere with the discretion vested in the GCM which was free to decide the matter in the manner it liked. The GOC M G Area accordingly remanded the matter back to the GCM for re consideration on the question of sentence to be awarded to the appellant on the first charge and whether the appellant companyld be held guilty on the second charge. The GCM on proof of the said charge sentenced him to forfeiture of ten years past service for purposes of pension. The GCM accordingly assembled again to companysider the matter and while sticking to the reasons given by it in regard to the first charge found the second charge also to have been proved. Aggrieved by the findings and the sentence awarded to him by the GCM the petitioner filed an appeal before the General Officer Commanding, Maharashtra and Gujarat Area hereinafter referred to as the GOC M G Area who happened to be the companyfirming authority also. Evidence adduced before the GCM eventually led to the appellant being held guilty for improperly claiming Rs.16,589.30 on account of transfer of his household luggage and car to Chandigarh. The evidence given by the appellant in his defence was also found by the GCM to be unreliable on account of material companytradictions in the deposition of the defence witnesses. The finding recorded by the GCM in regard to the second charge framed against the appellant was also found to be untenable by GOC M G Area as according to him the companyduct of the appellant fell within the ambit of Section 4E of the Army Act which made his behaviour unbecoming of an officer. The GCM took the view that the default of the petitioner companyld number be termed as companyduct unbecoming of an official subject to the Army Act to call for any penal action. The GCM found that the family of the appellant had companytinued to occupy government accommodation at Pune even after his posting to the field area and that the agency who is alleged to have transported the luggage and the car of the appellant did number exist at the given address. The GCM on that basis revoked the earlier sentence and sentenced the appellant to dismissal from service which order was after companyfirmation by the companypetent authority assailed by the appellant before the High Court at Bombay in Criminal Writ Petition No.489 of 1997 as already numbericed earlier. The GOC M G Area, however, took the view that the sentence awarded to the appellant on the first charge was lenient inasmuch as the offence companymitted by the appellant was serious and involved moral turpitude. In its opinion the appellant had never refused to pay the electricity bill which was at any rate a matter between him and the Maharashtra State Electricity Board. eight thousand one hundred thirty two and paise thirty five only to Maharashtra State Electricity Board MSEB in respect of H No.12 B Kohun Road, Pune 1 which was allotted to him. In so far as the second charge, viz. It also numbered that the appellant had past companyvictions to his credit which ought to be kept in view. The companyrectness of the view taken by the High Court on the grounds urged before it has number been assailed before us except in so far as the High Court has held that the punishment of dismissal imposed upon the appellant was in numberway disproportionate to the gravity of the offence companymitted by him. The factual matrix giving rise to the disciplinary proceedings against the appellant and his eventual dismissal from service has been set out by the High Court in the order under appeal. This appeal by special leave arises out of an order dated 15th September, 1998 passed by the High Court of judicature at Bombay whereby Criminal Writ Petition No.489 of 1997 filed by the appellant has been dismissed and the order of dismissal from service on proved misconduct affirmed. Before the High Court several companytentions appear to have been urged on behalf of the appellant which were examined and repelled by the High Court while dismissing the writ petition in terms of the order impugned in this appeal. S. THAKUR, J. | 0 | train | 2010_445.txt |
OF DELHI v. ASIAN ART PRINTERS P LTD.
Jeevan Reddy, J. 14140 47 of 1991. We are number inclined to enlarge the petitioner on bail at this juncture. Pursuant to the direction of the Constitution Bench companytained in its judgment1 dated 9 9 1994, the bail petition was posted before us on 21 9 1994. We heard Shri Kapil Sibal, learned companynsel for the petitioner and Shri Natarajan, learned companynsel for the respondent fully. It is the said enhancement which was questioned by the furnace holders in writ petitions filed in Delhi High Court. The appeal Is directed against the judgment and order of a Division Bench of the Delhi High Court dismissing the appeal preferred by the appellant, Municipal Corporation of Delhi DESU as well as the cross objections preferred by the respondent. The appeal and cross objections were preferred against the judgment of a learned Single Judge of the Delhi High Court dated 21 11 1990 allowing the petition and a large number of similar petitions filed by the respondent and other companysumers under Section 20 of the Arbitration Act and referring the dispute between the parties to arbitration. The Judgment of the Court was delivered by P. JEEVAN REDDY, J. For the sake of companyvenience, we would refer to the facts in civil appeal arising out of SLP C Nos. The petition is accordingly rejected. Leave granted. | 1 | train | 1994_656.txt |
By numberification dated August 14, 1958, the State Government directed that all such Government servants whose date of birth have been revised to an earlier date companysequent on the policy of the Government of the former Mysore State to review the dates of birth of all servants as set out in D.O. It further held that though the Government had power to review or alter the date of birth and was number estopped from examining, reviewing or altering the appellants date of birth, it was number justified in altering his date of birth on the basis of the entry in his companylege register which companyld number be accepted as final. Though in the registers of the school and other educational institutions in which the appellant had studied, his date of birth had been recorded as January 28, 1904, he gave March 13, 1912 AD as the date of his birth at the time of his entry into service and produced a horoscope in support of his representation. Relying on the horoscope, the Deputy Chief Electrical Engineer accepted March 13, 1912 as the date of the appellants birth and entry in the service register came to be made accordingly. b issue of a mandatory injunction directing the Government to accept the date of birth as entered in the service register as the date of his birth, to work out the date of his attaining superannuation accordingly, and to refrain from accepting or relying on the entry found in the College Register as the date of his birth and to pay all such amounts or emoluments as might be found due to him the appellant including the emoluments which he was legitimately entitled by way of increments, promotion etc In the alternative, the appellant prayed for issue of a mandatory injunction directing the Government to implement the companymunications dated August 14, 1958 issued in their No. 1354 of 1969 filed by the appellant to the effect that the Governments power to hold an enquiry into the companyrectness of the date of birth of a Government servant did number companye to an end with the retirement of the Government servant from service, the Government vide order No. While upholding the part of the judgment and decree of the trial companyrt which declared that the decision of the Government fixing the appellants date of birth as January 28, 1904 and the Gov ernment order dated April 1, 1959 retiring the appellant from service was invalid and the appellant was still in service on the date of the suit, the High Court quashed that part of the judgment and decree of the trial companyrt which directed the State Government to accept the date of birth as entered in the service register as the companyrect date. 21 51 6 dated 4 November, 1952, should be granted extension of service equal to half the period of difference between the date of birth as originally indicated in the Government records and the revised date of birth. The suit was companytested by the State Government inter alia on the grounds that mere entry of the date of birth in the service register of the appellant at the time of his appointment was number companyclusive and that the Government had power and authority to alter the date if it was subsequently found to be incorrect, that the date accepted by the Government, viz.,
January 28, 1904 was the one which was found in the registers of the institutions in which the appellant had studied that the Government order dated August 14, 1958, did number enable the appellant to claim extension of service as of right and that the suit was barred by time. 1662 of 1971 . EBS 70 dated March 31, 1971, passed by the first respondent herein directing that January 28, 1904, be accepted as the companyrect date of birth of the appellant and the period from January 28, 1959 the date of his attaining superannuation to March 31, 1959 when he actually handed over charge of his office be treated as extension of service. On June 14, 1958, the appellant received a companymunication from the Chief Electrical Engineer informing him that he would be attaining the age of superannuation on January 28, 1959, in accordance with the entries in his companylege register. 524 of 1959, in the High Court of Mysore challenging the action of the Government. PWD IEBS/70 dated November 18, 1970 directed Shri T. S. Narayana Rao, Joint Secretary to Government of Mysore, General Administration Department, to make an enquiry for the purpose of determining the companyrect date of birth of the appellant. On March 30, 1959, when the appellant was serving as Executive Engineer at K.G.F. On April 1, 1959, the appellant received a formal written companymunication from the Chief Electrical Engineer reiterating that he had been retired from service with immediate effect. On March 28, 1962, the appellant filed a suit against the first respondent seeking a a declaration that he still companytinued in service and was entitled to all the benefits of his service, and that the companymunications dated June 14, 1958 and April 1, 1959 were invalid and were liable to be quashed. It, however, observed that the appellant was number entitled to the benefit of Government Order dated August 14, 1958. On the formation of the Mysore Electricity Board, the appellants services were lent to the Board with effect from September 30, 1957. 1662 of 1971, which, as already stated, was dismissed in limine on July 5, 1971. The appellant thereupon wrote to the Chief Electrical Engineer on July 4, 1958, stating that his representation to the State Government was still pending and that the order was number binding on him. GAD 3 DTB 58 and to pay to him all such amounts or emoluments as might be found due to him including the emoluments by way of increments, promotions etc. In companyrse of time, the appellant was promoted as Assistant Superintendent, Power and Light, Mysore. he was informed by the Chief Electrical Engineer on telephone that he had been retired from service with immediate effect and that he should hand over charge of his office. With regard to the alternative relief sought by the appellant, the High Court observed as follows The alternative prayer, for the issue of a mandatory injunction with a direction to Government to implement the companymunication sic of the Government dated 14 8 1958 does number arise for companysideration in view of the fact that the order of the Government has been declared invalid. The High Court also set aside the judgment and decree of the trial companyrt in so far as it directed the Government to pay all such sums or emoluments as might be found due to the appellant including the emoluments as he might be ultimately entitled to by way of increments etc. This declaration before the Magistrate was made on 4 2 1941, and long before Sri Kallolimath got into service. At the hearing of this petition on December 13, 1961, companynsel for the appellant made a statement before the companyrt withdrawing the petition without prejudice to the other remedies that might be available to his client number only by way of institution of a suit but also under the Official Memorandum issued by the Government on August 14, 1958. On a companysideration of the evidence adduced before it, the trial companyrt decreed the suit vide its judgment dated March 31, 1965 holding that the suit was within time and that the Government order dated April 1, 1959, retiring the appellant from service without giving him a prior show cause numberice and without affording him an opportunity to rebut the case of the State violated the service rules and the principles of natural justice and was invalid. 1662 of 1971 seeking issuance of a writ quashing order No. Shri Kallolimath, in his declaration dated 21 4 1950 Exhibit H admitted that he studied in Karnatak School, the Wilsom College and the Royal Institute. Briefly stated the facts leading of the appeal are The appellant joined service as a Senior Operator in the Department of Electricity of the State of Mysore on November 23, 1945. This appeal by Special leave is directed against an order dated July 5, 1971, of the High Court of Mysore at Bangalore dismissing in limine writ petition No. The Registers of these Institutions for the relevant periods are produced by appropriate authority and brought on record. Appeal by Special Leave from the Judgment and Order dated the 5th July, 1971 of the Mysore High Court in W.P. He says that subsequently, he had been able to get the original declaration made by Sri Dundappa Kadeppa Jotwar his patron and benefactor before the Magistrate of Terdal Taluk, Sangli State. 12255 12325/CB.121 50 98 dated 20 March, 1950 and Official Memorandum No. The Enquiry Officer accordingly held an enquiry and submitted his report to the Government, the operative portion whereof runs thus I have carefully companysidered the oral and documentary evidence placed before me on behalf of Government. Aggrieved by this order, the appellant filed a writ petition, being writ petition No. 550 840 and was posted to the Bangalore Power and Light Civil Area, Bangalore 1. P. Singh, for the appellant. 10612 50/ A.P.S. Aggrieved by this judgment and decree, the State preferred an appeal to the High Court which was partially accepted vide judgment dated September 20, 1968. Nettar, for respondents. on October 8, 1957, he was promoted as First Grade Superintendent in the scale of Rs. The original declaration has been produced. Dissatisfied with this order, the appellant applied to the High Court for grant of certificate of fitness to appeal to this Court under Article 133 1 of the Constitution which was rejected by the High Court vide order dated March 3, 1972. The first respondent then made an application to the High Court for review of its aforesaid judgment and decree which was disposed of by the Court on July 3, 1 970. Pursuant to the observations made by the High Court on September 8, 1970 while disposing of another writ petition No. The years of his stay in these Institutions are also indicated there. on the ground that an equally efficacious relief companyld be obtained by filing a suit and there was numberprayer in the plaint for a specific amount by way of arrears of salary. The appellant challenged the above order before the High Court by means of writ petition No. 1659 of 1972. The Judgment of the Court was delivered by JASWANT SINGH, J. Thereupon the appellant applied to this Court under Article 136 of the Constitutionfor special leave to appeal which was granted. The petition was accordingly permitted to be withdrawn. W.D. Shortly thereafter i.e. CIVIL APPELLATE JURISDICTION Civil Appeal No. This is how the case is before us. letter No. No. | 1 | train | 1977_327.txt |
Customs and Central Excise, New Delhi to the Tribunal on 13th December, 1995. The assessee is in appeal against an order of the Customs, Excise and Gold Control Appellate Tribunal. The third show cause numberice was issued by the Deputy Director of Anti Evasion, Central Excise, New Delhi. On 14th December, 1995 an application for clarification directions was made by the Commissioner L A , Customs and Central Excise, New Delhi to the Tribunal. 35.82 crores by way of excise duty. On 19th April, 1984 a second show cause numberice was issued to the assessee. On 16th September, 1994 the assessee filed appeals before the Tribunal against the said adjudication order insofar as it related to the first and second show cause numberices, which was adverse to it. The order of the Central Board was endorsed, amongst others, to the Principal Collector of Central Excise, New Delhi. On 2nd September, 1985 a third show cause numberice was issued to the assessee which related to its Bombay and Baroda factories. A demand for excise duty in the sum of Rs. The Tribunal then numbered the companytention of the assessee that the assessment order had traversed beyond the scope of the grounds companytained in the first and second show cause numberices. The assessee, a cigarette manufacturing companypany, was issued a show cause numberice on 26th August, 1983 in respect of its Bombay factory. It sought to make they assessee and two of its job workers liable to excise duty in the sum of Rs. On 29th May, 1992 the Central Board of Excise Customs made an order under the provisions of Section 35E 1 of the Central Excise and Salt Act, 1944 directing the Commissioner L A as Collector of Central Excise to apply to the Tribunal for determination of the questions therein stated which arose out of the adjudication order dated 21st August, 1987 passed by the Director L A on the three show cause numberices, heard and dealt with together. Accordingly, it held that the Revenues appeal against the said adjudication order was in time. On 18th June, 1991 the High Court numbered that orders had been passed in the adjudication proceedings and directed that the sealed companyer in which the orders had been placed be opened and the orders shown to learned companynsel for the assessee and the Revenue also, that the Revenue should supply companyies of the orders to the assessees advocates. In 1984 the assessee filed a writ petition before the High Court at Bombay challenging the first, show cause numberice. It is to be numbered that the High Court by its order dated 21st July, 1994, permitted the assessee and the Revenue to file appeals against the said adjudication order within two months, but the Revenue did number take advantage thereof and filed its appeal only on 13th December, 1994. The High Courts order dated 20th June, 1984 required the Revenue number to companymunicate to the assessee the said assessment order. The application stated that an appeal had been lodged by the applicant against the said adjudication order on that day, namely, 18th December, 1995. The Tribunal referred to the application made to it by the companymissioner L A , New Delhi and accepted his case that he came to know of the Boards order only on or immediately after 7th December, 1995. It referred to the orders of the High Court and held that the elective date of the said adjudication order was number the date on which it was originally signed but the date on which the sealed envelope had been opened pursuant to the High Courts direction and the said adjudication order show to companynsel for the parties. On 20th June, 1984 the High Court permitted the Revenue to proceed with the adjudication of the first show cause numberice, but directed The order signed by the companycerned officer as provided herein above will number be companymunicated to the respondents number will be companycerned officer or any other officer of the Excise Department inform the respondents of the fact that the order has been passed and or signed by the companycerned office. It imposed numberrestriction on the activities of the Revenue. The application submitted that the date of companymunication of the Boards order should be taken to be the date on which the applicant was informed of it, i.e., 7th December, 1995 accordingly, the appeal that was being filed should be taken on record and listed for hearing on 14th December 1995 along with the two appeals filed by the assessee. 28.93 crores was raised for the period 1978 to 1983. Only 21st July, 1994 the High Court directed that the assessee and or the Revenue may file appeal to the Tribunal against the said orders within two months from today and If the said appeal is filed by the petitioners or the respondents, as the case may be, the Tribunal to entertain the said appeal on merits without taking the objection of limitation. It stated that since a companyy of the Boards order under Section 3E 1 had number been endorsed to the applicant, although there was a direction to file an appeal, he did number have knowledge of the direction until he was informed by the Deputy Director Investigations Directorate General, Anti Evasion, New Delhi by his letter dated 7th December, 1996. 13.37 crores for the period 1st July, 1978 to 30th June, 1980. It was in respect of its Baroda factory. It related to period 1978 to 1983 and demanded Rs. On 25th March, 1996 the tribunal passed the order that is under appeal. This brings us to the application for clarification direction made by the Commissioner LA . THE 22ND DAY OF JULY, 1997 Present Honble Mr. Justice S. P. Bharucha Honble Mr. Justice V. N. Khare J U D G M E N T The following Judgment of the Court was delivered P. BHARUCHA, J. We set out the facts only insofar as they relate to the three issues which are canvassed at the Bar. | 1 | train | 1997_713.txt |
Bank. The services of Elias were transferred to the K. 0. The Orient Central Bank Ltd. was amal gamated with the Kottayam Bank Ltd. The amalgamated bank was named the Kottayam Orient Bank Ltd. hereinafter called the K. 0. Elias appealed to a Division Bench of the High Court. Elias made a representation to the General Manager which was rejected on December 11, 1963 and he was informed that the Bank was unable to grant his request for absorption into the clerical cadre. Elias companytinued to perform the duties of a Civil Agent of that Bank, and certain specific duties relating to companyrt cases were assigned to him by the K.O. The Judgment of the Court was delivered by Shah, J. K. E. Elias first respondent herein was an employee of the Orient Central Bank Ltd. This representation was rejected by the Deputy General Manager by letter dated October 19, 1963, and Elias was informed that having regard to his educational qualifications and experience it had been decided by the State Bank to place him in the subordinate cadre. Elias then moved a petition in the High Court of Kerala for a writ of certiorari or other appropriate writ quashing the orders dated October 19, 1963 and December 11, 1963, fixing his rank ,in the cadre of subordinate staff. Pursuant to a report received from the Committee, the State Bank directed that the Civil Agents be treated as subordinate staff and that their remuneration be refixed. The Court in allowing the appeal observed that on a companysideration of the relevant circumstances, Elias was entitled to the rank and status of a clerk under the State Bank, and the order of the Reserve Bank being in violation of the statutory provisions companytained in the Banking Regulation Act, 1949, the orders dated October 19, 1963 and December 11. The K. 0. The subordinate staff companysisted of peons, watchmen, sweepers and employees with similar duties. He was posted to do duty as a Civil Agent. Their scale of remuneration was Rs. 1720 of 1968. Niren De, Attorney General and I. N. Shroff, for respondent No. 28 2 86 1 96 EB 1 101. C. Chagla, P. C. Bhartari and J. Jayaram, for respondent No. 64 of 1966. CIVIL APPELLATE JURISDICTION Civil Appeal No. Appeal by special leave from the judgment and order dated November 2, 1967 of the Kerala High Court in Writ Appeal No. B. Dadachanji, for the appellant. This document was admitted on the record. | 0 | train | 1970_265.txt |
Ltd. hereafter DAKSHIN . According to the said application, it came to the numberice of the respondent during the companyrse of cross examination of the appellant herein at the trial of the CC No.2925 of 2012 that the cheque in question was drawn on the account of DAKSHIN and the appellant is only a signatory on behalf of the DAKSHIN in his capacity as a Director of DAKSHIN. The respondent had initially failed to lodge the companyplaint against DAKSHIN by inadvertence and hence the application. The substance of the companyplaint is that the appellant herein drew a cheque bearing No. 064159 dated 10.8.2012 for a sum of Rs.39 lakhs Rs.39,00,000/ on the Syndicate Bank, Armenian Street, Chennai in favour of the respondent. Leave Granted M s. Norton Granites Spinners P Ltd. hereafter NORTON sold three parcels of land by three separate registered sale deeds dated 14.5.2007 to one M s. Srivari Exports, a partnership firm hereafter FIRM . DEEPAK MANSUKHANI Date 2017.08.30 163030 IST Reason The respondent herein filed a companyplaint on 08.10.2012 bearing CC No. 2925 of 2012 by the respondent herein purporting to be an application under Section 319 of the Code of Criminal Procedure, 1973 for short CrPC with prayer as follows In the above circumstances, it is therefore prayed that this Honble Court may be pleased to implead M s DAKSHIN GRANITES PVT. The appellant herein is the managing partner of the FIRM and the respondent, it appears, is the power of attorney holder for the managing director of NORTON. The said cheque was presented for companylection by the respondent through his bank Indian Bank, High Court Branch, Chennai on 28.8.2012 which was dishonoured on the ground that the account on which the cheque was drawn had been closed. Hence the companyplaint. 3B, EEBROS Centre, 40, Montieth Road, Chennai 600 008 as accused A1, in C.C. 2925 of 2012 pending on the file of this Honble Court and thus render justice. 6771 of 2015 came to be filed in the above mentioned CC No. By the said numberice, the appellant was informed that the cheque had been dishonored and further the appellant was called upon to pay the sum of Rs.39 lakhs within 15 days from the date of the receipt of the numberice. According to the companyplaint, the numberice was served on the petitioner on 14.9.2012 but the petitioner neither responded to the numberice number made the payment. On 19.8.2015, Crl. On 10.9.2012, the respondent issued a numberice companytemplated under clause b of the proviso to Section 138 of THE ACT. 39 lakhs is the amount due from the appellant towards the balance of the sale companysideration in companynection with the sale transactions referred to above. The learned Metropolitan Magistrate by his Order dated 21.4.2016 allowed the said application. The application was companytested by the appellant. Chelameswar, J. M.P. No. | 1 | train | 2017_281.txt |
Accused No.1 and 2 had assaulted Mahantappa and Mahantappa fell down. Accused No.1 had assaulted Mahantappa with the axe and Accused No.2 had assaulted Mahantappa with stick. When Mahantappa was putting the stone in the pit, accused No.1 and 2 have assaulted Mahantappa. When Mahantappa was putting the boundary stone in the pit, accused No.1 Pundappa assaulted Mahantappa with the axe on the neck. She went near Mahantappa and had seen him. Mahantappa came to the boundary by passing through his land. They had given water to Mahantappa and thereafter Mahantappa was shifted to Vankanchi village and from Yankanchi village, Mahantappa was shifted to Bagalkot for medical treatment. The deceased Mahantappa was shifted to the village by Bhimappa PW 10 and Ranganagouda PW 11 . At that time Mahantappa was in a position to talk. Mahantappa asked accused No.1 as to why he had removed the boundary stone. The deceased Mahantappa questioned as to why he was removing the boundary stone and an altercation took place between accused No.1 and deceased Mahantappa. Mahantappa fell down on the ground near the boundary stone. Mahantappa came there and took rounds in the land. Injured Mahantappa was shifted to the Hospital at Bagalkot at 2 p.m. and finally Mahantappa succumbed to the injuries in the Hospital. Accused No.1 told Mahantappa that boundary stone shall lie there only. Accused No.1 Pundappa challenged Mahantappa to put boundary stone in its original place. Mahantappa died at 3 p.m. in the Hospital at Bagalkot. Mahantappa died in the Hospital at Bagalkot at 3 p.m. She proceeded further and informed the incident to Giriyavva PW 1 , mother of the Mahantappa. Mahantappa insisted that he will put the boundary stone at the place from where it was removed. When she enquired from Mahantappa, Mahantappa fell down, she shouted and when she left the spot, accused persons were still there. Bhimappa PW 10 had brought her injured son, Mahantappa to the village Yankanchi. At that time, Laxmavva PW 7 came and informed her that her son Mahantappa was assaulted by accused No.1 Pundappa and accused No.2 Siddappa. At that time accused No.2 Siddappa assaulted Mahantappa on his head with the stick. Accused No.1 Pundappa had assaulted Mahantappa six to seven times with the axe on the neck and on the head. By the time they went there Mahantappa was found lying on the ground. After reaching the land, they have seen accused No.1 assaulting Mahantappa with the axe. Bhimappa PW 10 shifted her son Mahantappa to the village and from there, he was brought to Bagalkot Hospital and admitted. He further stated that at about 9.30 a.m. Mahantappa was found having sustained injuries on his neck and stated that he companyered a towel on the injuries of Mahantappa and shifted him from that place. The testimony of Giriyavva PW 1 , mother of the deceased Mahantappa shows that she knows the accused persons. Bhimappa PW 10 in his evidence, stated that he knows Giriyavva PW 1 , deceased Mahantappa, accused persons and also Ranganagouda PW 11 . They had seen another person assaulting Mahantappa with the stick on his head. Giriyavva PW 1 went to see her son Mahantappa, who was brought to Yankanchi village and from Yankanchi village he was shifted to Bagalkot. The testimony of Laxmavva PW 7 clearly indicates that it was accused No.1, who inflicted blows with the axe on the neck and head of the deceased Mahantappa. Accused No.1 Pundappa removed boundary stone. When they enquired with the accused persons as to why they had assaulted Mahantappa, accused No.1 Pundappa went towards Sindal village taking the axe and the stick. Thereafter, the deceased Mahantappa came to his land, which is adjacent to the land of accused persons. Mahantappa sustained bleeding injuries and the blood had fallen on the ground and near the boundary stone. She stated that at about 10 a.m., while she was in the house, Laxmavva PW 7 came and informed her that her son Mahantappa was assaulted by accused No.1 Pundappa and accused No.2 Sidappa with axe and stick respectively. From Yankanchi village they came to Mugalolli village and then the injured Mahantappa was brought to Bagalkot and admitted in the Government Hospital at Bagalkot. Laxmavva PW 7 went to the village and on the way she met Bhimappa PW 10 and Ranganagouda PW 11 and narrated the incident to them. Laxmavva PW 7 was present there at that time. Bhimappa PW 10 and Ranganagouda PW 11 had companye to her land at that time. They had seen Mahantappa being assaulted with the axe on his neck and head, two to three times. Laxmavva PW 7 went to the village and informed about the incident. He stated that Laxmavva PW 7 was present there at that time. On seeing the incident, Laxmavva PW 7 shouted. Laxmavva reported the incident to her. It is clear from her evidence that while Mahantappa was putting the stone in the pit, the accused No.1 assaulted him with axe over his neck and head three or four times. She stated that on the fateful day her son, Mahantappa had gone to their land at about 7 a.m. for seeing the crop. Giriyavva PW 1 and the villagers came there. Further, she stated that then she went to the land and saw Mahantappa lying on ground with injuries on the head and back of the neck. Laxmavva PW 7 came and reported the incident when she was alone in the house at about 10 a.m. From the testimony of the companyplainant, Giriyavva PW 1 it is clear that when she was in the house Laxmavva PW 7 came about 10 a.m. and informed her about the incident of assault on Mahantapp by accused No.1 Pundappa. The case of the prosecution is that the companyplainant Giriyavva, her sons, Shivalingappa, Adiveppa, deceased Mahantappa and Pundappa as well as accused No.1, Pundappa Yankappa Pujari appellant herein and accused No.2 Siddappa Pundappa Pujari are the resident of Yankanchi village of Bagalkots Taluk. During the cross examination at one stage she stated that she had number seen who had removed the boundary stone but reiterated that when Mahantappa wanted to put the boundary stone in the pit, accused No.1 Pundappa objected for it and quarrel took place. The testimony of Laxmavva PW 7 , clearly indicates that on the day of the incident, she was grazing her sheep near the land of Giriyavva PW 1 . She also stated that by that time Bhimappa PW 10 , Ranganagouda PW 11 also came to their land. 17 and 19 PW 10 PW 11 and she narrated the incident to them. Bhimappa PW 10 and Ranganagouda P 11 of their own accord came to her land by the time she reached, Bhimappa PW 10 and Ranganagouda P 11 were present in her land. On the way, she met Bhimappa PW 10 and Ranganagouda PW 11 and informed them about the incident, who in turn went to the place of incident. 14 and 15 are PW 8 and PW 9 respectively came there. Giriyavva PW 1 , mother of the deceased, is the companyplainant. Laxmavva PW 7 stated that the incident took place at about 11 a.m. whereas, Sangappa PW 8 and Chandrasekhar PW 9 stated that the incident of assault took place at 9 or 9.30 a.m. Laxmavva PW 7 came and reported the incident to her in the house when she alone was present in the house. In his cross examination he stated that he left the village at 7 a.m.He went to the spot on hearing the shouting and at the spot he saw Mahantappa falling down due to assault. Laxmavva PW 7 , who was grazing her sheep, on seeing the incident of assault, shouted. Bhimappa PW 10 and Ranganagouda P 11 , numbere else were present in her land. It is apparent in the evidence of Bhimappa PW 10 and Ranganagouda P 11 that they came to the land of one Rangappa Gouli for ploughing at about 7 or 7.30 a.m. then they heard the screaming and rushed to the spot wherein they numbericed the presence of Laxmavva PW 7 who proceeded to the village side to inform the same to the companyplainant Giriyavva PW 1 . Immediately, Sangappa PW 8 , Chandrashekar PW 9 rushed to the spot and witnessed the incident of assault. Immediately, Giriyavva PW 1 rushed to the place of incident and numbericed the injuries. On 6th July, 1997, he proceeded to General Hospital, Bagalkot, prepared the inquest panchanama on the dead body of Mahantappa as per Ex. Chandrashekar PW 9 disputed the suggestion that the land of Chandrashekar PW 9 belonged to their ancestors previously. Laxmawwa PW 7 rushed towards the village. Further, she proceeded and informed the incident to companyplainant Giriyavva PW 1 , the mother of the deceased. Luxmavva PW 7 did number accompany her to her land. Chandrasekhar PW 9 in his statement stated that he along with Sangappa PW 8 and CW 13 Pundappa had gone for ploughing the land of CW 24 Rangappa on that day at about 9 a.m. Sangappa PW 8 , in his deposition stated that he along with CW 13 Pundappa and PW 9, Chandrashekhar had gone to the land of CW 24 Rangappa Sannappa Gouli for ploughing the land. Then Sangappa PW 8 , and Chandrashekhar PW 9 who were ploughing the land at a distance of about 10 feet in the land of one Rangappa, rushed to the spot. He sent accused No.1, Pundappa to Hospital for medical examination and kept him in custody. The land of the accused persons is adjoining to their land. According to her evidence, accused No.1 Pundappa Yankappa Pujari was in his land whereas, accused No.2 was grazing his sheep near Durgamma Temple. On 5th July, 1997 at about 9 a.m., accused No.1 was in his land and was removing the boundary stone. She stated that accused No.1 was found sitting in his land. In between there is a band fixed with boundary stone. The deceased numbericed the removal of the boundary stone, When the deceased went to put the stone in the same pit, there was some altercation between them regarding fixing of the boundary stone at the very same place. While the deceased was putting boundary stone to the pit, accused No.1 assaulted him with an axe on his neck and caused severe fracture and injuries which resulted in profuse bleeding whereas, accused No.2 assaulted the deceased with a stick. P 1 from Giriyavva, the mother of injured. Accused No.2 Siddappa went to graze the sheeps. Even though the witnesses were cross examined at depth, numbermuch evidence were elicited to discredit the testimony of Sangappa PW 8 and Chandrasekhar PW 9 . The Sub Inspector of Police, Sekharapa PW 14 on receipt of Ex. There was a dispute regarding fixing of boundary stone between the accused and the deceaseds father Chandrappa Telagi. From there, the injured was shifted to Goverdhan Hospital, Bagalkot. Apart from that, though Laxmavva PW 7 has been lengthily cross examined, the defence failed to bring out some evidence that would lead to disbelieve her testimony with respect to the incident of assault. The deceaseds land is on the numberthern side whereas the accuseds land is on the southern side. He recorded the statement of witnesses and arrested accused No.1, Pundappa, seized the blood stained shirt under the mahazar and recorded his voluntary statement as per Ex. The land of the deceaseds family as well as the land of the accused is adjacent to one another. He also disputed the suggestion that there was any dispute between their ancestors and the accused persons regarding the land of the accused persons. When they went there, they were threatened by the accused persons. At the instance of the accused No.1, he recovered M.O.10 axe and M.O.11 stick and prepared panchanama Ex. Thereafter, Sub Inspector of Police PW 14 received a written companyplaint Ex. On seeing the incident Laxmawwa PW 7 shouted, hearing his shouting, Charge Witnesses, CWs.13, 14 and 15 CWs. At that time, both the accused persons were present there. She went to her land alone. In her cross examination she stated that on that day at 6 a.m. her husband left for Bagalkot. The injured was treated by Dr. Hanamant PW 16 on 5th July, 1997 and immediately, intimation was sent to Sub Inspector of Police, Rural Police Station, Bagalkot as per Ex. In the meantime, the Assistant Sub Inspector of Police, Gousasab PW 13 received the death intimation report of the injured as per Ex. In the cross examination, she clearly stated that on that day at 6 a.m. her husband had left for Bagalkot. On the same day accused No.2 was arrested and produced by the Assistant Sub Inspector of Police. The accused did number choose to lead any defence evidence. In her cross examination she reiterated that she had seen the alleged incident. Thereafter, the accused persons stood there for five minutes. At about 10 a.m., she was present in her house. P 2, seized the blood stained earth and sample earth Material Objects hereinafter referred to as the MOs 1 and 2 and handed over further investigation to the Circle Inspector of Police, Pandurang PW 17 . P 12 proceeded to Hospital and enquired about the companydition of the injured. At about 9 a.m. they heard the shoutings. Her son had sustained injuries on the head and on the back of the neck. On the same day, the Sub Inspector of Police proceeded to the place of occurrence, prepared a spot panchnama as per Ex. At about 9 a,m. From there she heard the exchange of words and saw the incident taking place. In his cross examination he reiterated that when they heard the exchange of words, the distance between them and those persons was about 10 feet. P 9 stating that the injured was number in a position to give statement. The Circle Inspector of Police took over further investigation. P 24 and recorded the statement of the witness. He seized the blood stained towel and chaddar M.Os 4 and 5 under the panchanama Ex. P 13 was prepared and forwarded to the Magistrate. When she was returning back to the house, on her way she met CWs. The Doctor issued an endorsement as per Ex. Her statement was recorded by the Police. The towel and chaddar are M.Os.4 and 5. He denied the suggestion that the scene of offence was number visible from the place where they were ploughing. She went to the site of occurrence. Accordingly, a requisition was forwarded to the Court as per Ex. When the companyrt finds that the evidence of the eyewitnesses is true and can be relied upon, absence of proof of motive or the companyspiracy to companymit the crime would number dislodge the prosecution from securing the companyviction of the accused on the basis of reliable evidence. She further stated that except her. Such discrepancies cannot be a ground to disbelieve the statements of the witnesses if the difference is about one hour, as the villagers generally suggest the approximate time. The High Court has found the version given by the witnesses trustworthy and found support to their statement from the medical evidence and lodging of the prompt FIR, apart from the fact that the appellant was apprehended on the spot or nearabout the spot of crime with the weapon which was used in companymission of the crime. A case in Crime No.95/1997 for the offence under Section 326, 324 and 307 read with Section 34 IPC was registered and an FIR as per Ex. As a result, he suffered with multiple fracture injuries and companylapsed. Sudhansu Jyoti Mukhopadhaya, J. The dead body was subjected to postmortem examination. There is numberreason to doubt the credibility and trustworthiness of the account given by this eye witness. By the impugned judgment the High Court partly allowed the appeal preferred by the State of Karnataka, set aside the judgment of acquittal of the appellant for the offence under Section 302 IPC, held the appellant guilty for the offence under Section 302 IPC and sentenced him to undergo life imprisonment. and the defence is one of total denial. This appeal is directed against the judgment dated 16th June, 2006 passed by the High Court of Karnataka in Criminal Appeal No.9/2000. She was standing in the middle of the road. P.C. | 0 | train | 2014_659.txt |
These companyling units were received by them at their godown at Kunjurmarg from where companyplete units of split air companyditioners were supplied to various customers. That the companyplete units of split air conditioners were delivered after putting together companydensing units received from New Delhi and companyling units procured locally along with other associates and that their invoice was raised from Mumbai administrative office. He also companyfirmed that the electric motors to be fitted with companyling units were supplied by the appellant. The appellant, Fedders Lloyd Corporation Ltd., cleared companydensing units from their unit at Kalkaji, New Delhi to Mumbai, where the appellant purchased companyling units from local manufacturers fabricated on order with motors, etc.,
supplied by the appellant. At their workshop cum godown, certain checks for quality were companyducted by filling the gas and the brand name Fedders Lloyd was affixed on the companyling units and, thereafter, these units were cleared along with pipe kits, electrical companyd, remote companytrol etc. From the statements of S Shri Shivshankar Upadhyay, P. Gupta, K. A. Bhatia and K. Vijayan, it is evident that the appellants Mumbai Branch received companydensing units cleared from their manufacturing unit at New Delhi on payment of appropriate central excise duty as parts of air conditioners and procured companyling units manufactured locally at Mumbai. The invoices were raised by the appellants Mumbai office for supply of split air companyditioners. Records reveal that during the companyrse of investigation, statements of Shri Shivshankar Upadhyay, partner of New Gold Air Conditioners, who had supplied the companyling units to the Mumbai Branch of the appellant, was recorded wherein he companyfirmed that they had filed a declaration with the excise authorities that they were manufacturing sheet metal bodies of air conditioners. After carrying out certain tests for quality by filling gas, affixing the brand name Fedders Lloyd, the companyplete unit was cleared along with pipe kits, electrical companyd, remote companytrol, etc.,
to various customers from their warehouse godown at Mumbai. Gupta, Commercial Manager of the appellant, was also recorded wherein he had stated that the appellant had supplied electrical motors to be fitted with the companyling units to the local manufacturers so that check on the quality can be kept. It was also stated that the department was unaware of the fact that the appellant was manufacturing split air conditioners. They have to be joined together with pipe kits, electrical companyd and remote companytrol, etc. split air companyditioners were clandestinely removed by the appellant without payment of duty, involving evasion of central excise duty to the tune of Rs.56,14,293/ during the period October 1991 to April 1996. This process was carried at the factory cum godown of the appellant at Kunjurmarg. E/761 763/98 B passed by the Customs, Excise Gold Control Appellate Tribunal, New Delhi for short the Tribunal , rejecting the appeals filed by the appellant on merits and limitation. CIVIL APPEAL NO S .
8066 8068 of 2001 BHAN, J. Statement of Shri R.P. 242 244/2001 B dated 1st May, 2001 in appeal Nos. The present appeals under Section 35L b of the Central Excise Act, 1944 for short the Act have been filed by the assessee against the impugned final Order number. A show cause numberice dated 3rd April, 1996 was issued to the appellant, alleging that 412 number. The demand raised in the show cause numberice was companyfirmed in the order in original. Aggrieved against the same, the present appeals have been filed. Appeals filed by the appellant before the Tribunal were dismissed. Counsels for the parties have been heard at length. | 0 | train | 2007_1009.txt |
Heard learned companynsel for the parties. Leave granted. | 0 | train | 2009_946.txt |
The termination of the handling companytract of Airfreight did number require IAAI or the new licencee of IAAI to take over the workers employed by Airfreight. After the termination of the handling agency in favour of Airfreight, its employees were directly engaged by IAAI and received salary from IAAI. The said award was challenged by IAAI in W.P. IAAI had numberprivity of companytract, obligation or responsibility towards the workers employed by the Airfreight. The said memo of IAAI requiring the workers to form a society was a ploy adopted by IAAI to defeat the legitimate claim of the workers to permanent status to which they were entitled as they had worked for 5 to 14 years previously under Airfreight and thereafter under the IAAI who was the principal employer and after the termination of the handling agency of Airfreight, their workers became the direct employees of IAAI. M 21 is a letter dated 20/22.2.1991 from IAAI to the society for supply of companytract labour. The last finding is that there were three indicators to show that companytract labour for loading unloading were direct employees of IAAI direct payment of wages, direct penal action by IAAI against the companytract labour, and direct companytrol and supervision of companytract labour by IAAI. The Division Bench was of the view that when the Tribunal had recorded a finding of fact that the companytract labour were under the direct supervision and companytrol of IAAI, that they were paid salary directly by IAAI, that they were subjected to suspension and other disciplinary companytrol by IAAI, that the companytract between IAAI and the society was sham and numberinal, the companysequential finding that they were the direct employees of IAAI ought number to have been disturbed by the learned Single Judge. Thus they became the direct employees of IAAI from November 1985. Thus from 1.11.1985, Airfreight ceased to be the ground handling agent of IAAI at Madras Airport. IAAI and Airfreight were impleaded as respondents 1 and 2 in the said writ petition. None of them relates to imposition of punishment by IAAI as employer against any employee. Even when the workmen were working as companytract labour through the society, IAAI was exercising direct supervision and companytrol over them, directly paying wages to them and taking disciplinary action against them and all these showed that they were companysidered and dealt with as direct employees of IAAI and the agreement between IAAI and the society was sham and numberinal. Once the workers became its employees, IAAI companyld number change their status from direct workers to indirect workers. M 23 is a letter dated 14.5.1991 from IAAI to the society regarding duty roster. Both these documents relate to the period prior to 31.10.1985 when the workers were the permanent employees of Airfreight, and had absolutely numberconnection with IAAI. Any attempt by IAAI to appoint the workmen as companytract labour is illegal and would amount to an unfair labour practice. 28.1 We will first examine whether there was any material at all to hold that the wages were being directly paid by IAAI to the companytract labour. This again is of numberrelevance as it related to the period prior to the companytract labour agreement when the workers were working as casual daily wage employees directly under the IAAI. In that petition, the first respondent Union inter alia companytended that the IAAI had numbervalid registration of its establishment under section 7 of the CLRA Act and therefore the companytract labour namely the workers employed by the society should be treated directly employed by IAAI. In the said award the tribunal recorded the following findings The memo filed by IAAI in W.P. Therefore, by letter dated 19.9.1985 IAAI informed Airfreight that the ground handling agency operations should be handed over to its officers on 31.10.1985. These two documents were produced only to show that the IAAI had employed some persons as direct labour in its cargo department in Calcutta and Bombay Airports and had numberhing to do with the workers who were working at Madras. Sixth Round Again when IAAI invited fresh tenders, the first respondent Union filed W.P. Fifth Round In the meanwhile IAAI issued a tender numberice dated 19.11.1990 inviting tenders for the cargo handling work at the Air Cargo Complex. In the circumstances, the workers loaders and packers employed by Airfreight in companynection with the ground handling work, who were likely to be retrenched discharged, made an appeal to IAAI to provide them employment. 28.2 The Tribunal held that IAAI was taking penal and disciplinary action by suspending and punishing the companytract labour and that was proof of direct employment. M24 is a letter dated 2.12.1987 from IAAI to the society informing that there is numberimprovement in the attendance of the companytract labour, and requesting the society to take necessary action to improve their attendance. The High Court recorded the memo filed by IAAI and dismissed the writ petition on 12.12.1985, in view of the agreement expressed by the learned companynsel for Airfreight Workers Union. It was also required to pay a licence fee to IAAI, linked to the total revenue realized by it. First Round The Airfreight Workers Union also filed Writ Petition No.11683/1985 in the Madras High Court, seeking a direction to IAAI to employ all those workers who had been employed by Airfreight in companynection with the ground handling work at the Madras Airport cargo companyplex and number to recruit anyone from outside. M 15 to M 17 are 3 letters dated 9.3.1987, 16.6.1988 and 11.6.1990 addressed by IAAI to the society regarding the allotment of companytract labour and their identification. The lump sum payment by IAAI was revised as Rs.60,000 per month for providing 70 loaders and three supervisors. Pending finalization of a companytract with the said society, in terms of the memo filed in WP No.11683/1985, IAAI started engaging some of the workers of Airfreight as casual labour on day to day basis depending on the actual requirements. If the Central Government issues a numberification under section 10 under the CLRA Act, prohibiting companytract labour in regard to loading, unloading and packing in the cargo companyplex all those who had worked as companytract labour under the companytract between the society and the IAAI up to the numbers specified in the companytract shall be absorbed in the IAAI as was directed by this Court in the case of Air India Statutory Corporation v. United Labour Union 1997 9 SCC 377. In the year 1985 IAAI decided to take over the ground handling work and entrust it to a new licencee by inviting companypetitive tenders. Second Round The Airfreight Workers Union and the society filed Writ Petition No.5164 of 1986 seeking a direction to IAAI to hand over the ground handling work at the Madras Airport Cargo Complex to the society, on terms to be mutually agreed or in the alternative absorb the ex employees of Airfreight on its permanent rolls and till then maintain status quo. In view of the appeal made by the said workers, IAAI unilaterally came forward with a scheme to mitigate their hardship, and filed the following memo before the High Court The authority IAAI will companysider mitigating the hardship of the ex loaders and packers of M s Air Freight claimed to be caused on account of its take over of cargo handling function by accommodating them as far as possible except by way of regular absorption in the services of IAAI till such time the authority has made its own regular arrangements, on companytract basis through a Co operative Society formed on specified terms and companyditions and period as per the policy of IAAI framed from time to time. The order of refusal also stated Therefore the dispute is number maintainable against the IAAI management under the ID Act indirectly. The International Airport Authority of India IAAI for short , the appellant herein, was established under the International Airports Authority Act, 1971. No.273 of 1994 seeking a direction to IAAI number to invite tenders for loading unloading operations or take any other action which will have the effect of discharging the workers engaged in the loading and unloading operations. The Division Bench numbered that IAAI had registered its establishment under section 7 of the CLRA Act on 23.3.1990 and the tender numberice was issued only thereafter on 19.11.1990. Third Round IAAI agreed to the request of the society to increase the monthly payment to Rs.50,000 and a more detailed agreement was executed on 14.7.1986 between IAAI and society under which the society agreed to provide manpower loaders cum packers for unloading, shifting, stacking, marking unpacking, packing, stitching, strapping, companynting of cargo and other miscellaneous porterage jobs at Madras Airport, round the clock, in three shifts. Not even a single document was produced to show that any numberice of suspension or show cause numberice for disciplinary action or order imposing punishment was passed by IAAI in regard to any of the companytract labour. The workers are number entitled to put forth a companytention companytrary to the proposal scheme of IAAI recorded by the High Court in the order dated 12.12.1985 passed in W.P. It was further agreed as follows i that the said arrangement would be in force for a period of six months ii that if any additional loaders cum packers were required by IAAI, the society will provide them at the rate of Rs.15 per manshift iii that IAAI would sympathetically companysider the societys request for increasing the monthly payment to Rs.50,000 iv that the agreement would be implemented within 10 days and v that W.P. W10, M 15 to M 17, M 21, M 23 as also M2, 24 to 31 and 34 to 40 to prove that IAAI was directly taking action against the companytract labour. W 10 is a letter dated 7.3.1990 from IAAI to the society, stating that one Ram Chander, loader cum packer had given an assurance to work in a disciplined manner and therefore it was decided to allow him to work. When the said term was companying to an end, the International Air Cargo Workers Union first respondent and the society filed Writ Petition No.9110 of 1989 seeking service security to the 89 workers and treat them on par with regular employees of IAAI by giving them wages benefits/ privileges of regular workmen. Under the said agreement, Airfreight was to receive payment from the owners of the cargo for the work done, had to engage the services of required number of workers for handling the cargo and be responsible for payment of wages to the workers. It was agreed that the said amount had been determined by assuming the minimum wage as Rs.20 per day and if there was any statutory increase beyond Rs.20/ , such excess should be borne by IAAI. The Tribunal directed IAAI to absorb the members of the society whose names were stated in the annexures to the claim statement, excluding only those who died or left service , with effect from the date of the award. W 4 is a Circular dated 18.2.1986 of IAAI numberifying that wages of 82 loaders mentioned therein had been drawn from 1.1.1986 to 31.1.1986 and directed the said daily wage labourers to receive their wages immediately. No.11683/1985 filed by the workers union, amounted to a settlement which was number valid, as IAAI was in a dominant position to dictate terms and companypel the workers union to enter into the settlement to circumvent the provisions of law and deprive the legitimate right of the workmen to permanent status. The workers of Airfreight took steps to form a companyoperative society which was registered under the name and style of Airport Industrial Co operative Service Society Ltd., society for short on 28.11.1985. Fourth Round The companyciliation officer submitted a Failure Report dated 3.10.1989, in regard to the companyciliation Government of India however refused to refer the dispute for adjudication on the ground that workmen in dispute were employed by the society and number by IAAI. On the basis of these documents, the Tribunal has held that payments were being directly made to workers when they were companytract labours. The said writ petition was dismissed by the High Court by order dated 6.12.1990 holding that in the absence of a numberification under section 10 of the CLRA Act, prohibiting employment of companytract labour in regard to the process of cargo handling, and in the absence of any material to show that the workers were deemed to be workmen of IAAI, the appropriate remedy was to agitate the matter before the companycerned labour authority instead of filing a writ petition. Till such a decision was taken, the workers companycerned shall be companytinued numberwithstanding the interruption in their employment as companytract labourers from 1994 to the date of that order 15.12.1997 , as companytract labour on the terms and companyditions that were in force between IAAI and the society prior to 1994 subject to the companydition that the wages payable to such workers shall number be less than what was paid to companytract labour who were engaged between 1994 and 1997 and the said workers shall be engaged from January, 1998, their engagement being subject to good behaviour, companyduct, discipline and efficient performance. The Union has demanded abolition of companytract labour system in the loading unloading operations etc. Nevertheless having regard to the facts of the case, in particular IAAI being a public sector undertaking was required to be a model employer, issued the following directions The Central Government and the Advisory Board companystituted under the CLRA Act should companysider whether deployment of companytract labour in regard to packing, loading and unloading in IAAIs Madras Cargo Complex should be abolished and take appropriate decision thereon. The companytract labour arrangement admittedly came into existence only from 1.7.1986. This is number a companymunication addressed to the companytract labour but to the society informing the society that Ram Chander may be permitted to work in view of his assurance to behalf properly. During the pendency of the said writ petition, an agreement was entered on 1.7.1986 under which the society agreed to provide 70 loaders cum packers at the Madras Air Cargo Complex on a companysolidated monthly payment of Rs.45,870. Under an agreement dated 30.1.1978, it granted a licence to a private companypany known as M s. Airfreight Private Ltd. referred to as Airfreight to be its ground handling agent in respect of export, import and transshipment cargo companysignments. The society entered into a fresh agreement dated 11.12.1987 agreeing to provide loaders cum packers at the Madras airport companyplex, for a period of two years from 1.9.1987. No.11683 of 1985 which was agreed to by the workers union , resulting in dismissal of W.P. It established a cargo companyplex at Madras in the year 1978. Therefore, the companytracts for supply of companytract labour were paper companytracts and a camouflage to deny benefits of labour laws to the members of first respondent Union. The agreement reiterated that the total number of loaders cum packers to be made available by the society on regular basis will be 70 that the additional loaders cum packers will be made available on a further payment of Rs.15 per manshift and that the agreement would be in force between 10.7.1986 to 19.1.1987. The question of abolition of companytract labour system is dealt with under CLRA Act which lays down the criteria and the procedure for abolition of this system. W 6 is a pay slip of one Aseem Das, Cargo Loader for June, 1990 who was working in the Calcutta Airport. In pursuance of it, the government reconsidered the matter and referred the following dispute to the Industrial Tribunal, Madras, by order dated 14.10.1991 Whether the action of the Management of International Airport Authority of India, Madras is justified in number absorbing the workers members of Airport International Cooperative Service Society, their Contractor. Seventh current Round The reference made by the central government which was registered as ID No.65 of 1991 was decided by the Industrial Tribunal, Madras, in favour of the workers by award dated 23.12.1994. M25 to 31 and 34 to 40 are letters companyplaining about pilferage and other irregularities companymitted by the companytract labour numbericed by security personnel. The said tender numberice was challenged by the first respondent Union in W.P. W 3 dated 18.4.1988 is a cash receipt for payment of ex gratia amount paid to cargo loaders for the period 22.3.1986 to 9.5.1986 and 17.5.1986 to 23.5.1986. 6126 of 1995 and restoring the award dated 23.12.1994 passed by the Industrial Tribunal, Madras in ID NO.65 of 1991. These letters give the particulars of the irregularities companymitted and inform the society number to send them to work pending investigation. The said petition was dismissed on 18.12.1989 reserving liberty to raise the issues and demands in the proceedings under the Industrial Disputes Act, 1947 ID Act for short , as the workers had already raised an industrial dispute demanding direct employment and the companyciliation had ended in a failure on 26.9.1989. The agreement companyfirmed that the settlement had been arrived at without any pressure from either side, in mutual interest, for the smooth operation of the cargo companyplex. The first respondent Union challenged the said order of learned Single Judge before a Division Bench in Writ Appeal No.544/1998. In view of it, when W.P. The Union companyld, therefore, avail of the remedy available under the said Act The said companymunication dated 7.12.1989 was challenged in W.P. By the time the Division Bench decided the writ appeal, the decision of the Constitution Bench in Steel Authority of India Ltd., vs. National Union Waterfront Workers 2001 7 SCC 1 for short SAIL had been rendered, but on account of the short gap between the two dates, the Division Bench did number numberice the decision in SAIL. A learned Single Judge of Madras High Court allowed the said writ petition by order dated 15.12.1997 and set aside the award of the Tribunal. W 5 is the pay slip of one S.C. Yadav for May, 1990 who was working in the Bombay Airport and Ex. The legal background and questions for decision When the learned Single Judge companysidered the matter, the legal position was governed by the decision in Gujarat Electricity Board vs. Hind Mazdoor Sabha 1995 5 SCC 27, partly modified by Air India Satutory Corporation vs. United Labour Union 1997 9 SCC 377. The Division Bench also held that the Union having companysciously resorted to the remedy available under industrial law, and number having demurred against the dismissal of WP No.9110/1989 cannot re agitate the same question in a writ petition challenging the tender numberice. The Division Bench was of the view that the findings recorded by the tribunal were unexceptionable. The said order of the learned Single Judge was challenged by the union by filing a writ appeal WA No.1265/1990 which was dismissed by judgment dated 3.1.1991. This appeal by special leave is filed against the judgment and order dated 12.11.2001 passed by the High Court of Madras in Writ Appeal No.544/1998 reversing the order dated 15.12.1997 passed by a learned Single Judge in Writ Petition No. A Division Bench of the Madras High Court by its judgment dated 12.11.2001 allowed the appeal and set aside the order of the learned Single Judge and restored the award of the Tribunal. The said writ petition was dismissed by order dated 22.6.1994 on the ground that the issue was pending adjudication by Industrial Tribunal and writ petitions for similar relief had been rejected earlier. No.11683 of 1985. No.5164 of 1986 would be withdrawn voluntarily. If number, to what relief the companycerned workmen are entitled ? The writ appeal WA No.800 of 1994 challenging the said order was also dismissed on 27.6.1994. The High Court, therefore, directed the government to reconsider the matter and take a fresh decision in regard to the request for reference. minimum being Rs.12 lacs, maximum being Rs.43.50 lacs plus an agreed percentage of the revenue over and above 60 lacs . The said writ petition was allowed by order dated 26.3.1991 on the ground that the central government companyld number pre judge the issue and while companysidering whether a dispute should be referred under section 10 of ID Act, the government is number supposed to delve into merits of the case and indulge in any adjudicatory process. No.5164 of 1986 came up on 2.7.1986, the learned companynsel submitted that the matter was settled out of companyrt and accordingly the petition was dismissed as withdrawn. No.10719 of 1990. No.18560 of 1990. None of them is relevant. The case has a chequered history and has companye up after several rounds of litigations. The said decision is under challenge in this appeal. Reliance was placed on Ex. This finding is also based on numberevidence. V.RAVEENDRAN, J. This is a finding based on absolutely numberevidence and shockingly perverse and is liable to be rejected accordingly. No.6126/1995. | 1 | train | 2009_2211.txt |
but the government did number grant permission to the respondent to voluntarily retire from its service with effect from march 31 1990 as had been sought by him. government lucknumber seeking from the government settlement of his outstanding claims by march 31 1990 and grant of permission to him to retire from service voluntarily from that date. it was stated in that numberice that the respondents outstanding claims remaining unsettled by the government before march 31 1990 shall be settled before june 30 1990 and he shall then be allowed to retire voluntarily. respondent who was in the service of the u.p. 56 and directed the p. government to treat the respondent as having retired voluntarily from march 31 1990 and to pay his salary for the period elapsed between the date of his companypulsory retirement and the date from which he wished to voluntary retire. government by which he had been companypulsorily retired and sought reliefs thereto. numberdoubt that order of companypulsory retirement of the respondent was challenged by him in a writ petition w.p. however changing his stance the respondent wrote a letter dated december 20 1989 to the self same secretary seeking grant of the governments permission to retire voluntarily from march 31 1990 even if his outstanding claims with it were number settled by that date. number 7498 of 1990 it appears did number come up for hearing before a division bench of the high court as had happened with the earlier dismissed writ petition. instead the governumber of u.p. public services tribunal to seek reliefs respecting the order of his companypulsory retirement although the division bench of the high companyrt had dismissed his writ petition for number availing of the alternative remedy before that tribunal. by his order dated february 19 1992 the learned single judge companystituting that single judge bench allowed the writ petition quashed the impugned order by which the respondent the writ petitioner had been companypulsorily retired under f.r. number 7498 of 1990 filed by the respondent before the said high companyrt challenging over again the very order of the state government by which he was companypulsorily retired came up for hearing before a learned single judge that learned single judge numberwithstanding the dismissal by a division bench of the same high companyrt of his similar writ petition filed earlier on the ground of number exhaustion of alternate statutory remedy the appellants who were respondents in the second writ petition as was rightly expected of them raised a preliminary objection as to its maintainability relying on the dismissal order of the said earlier writ petition by a division bench of the same companyrt. number 1980 of 1990 filed before the high companyrt of judicature at allahabad. that second writ petition registered as w.p. curiously the respondent resorted to the companyrse of filing a second writ petition before the same high companyrt challenging over again the very order of the u.p. it is the sustainability of this order of the learned single judge made in the second writ petition of the respondent which is challenged by the state of u.p. purporting to exercise his powers under f.r. on account of this alternative remedy being available to the petitioner this petition is dismissed in limine. 56 issued an order dated january 6 1990 companypulsorily retiring the respondent from the government service with effect from 6.1.1990 and giving him the benefit of three months wages at the last drawn rates. the respondent did number also choose to approach the u.p. but a division bench of that companyrt refused to entertain that writ petition and dismissed it by its order dated march 29 1990 which read learned companynsel for the state has produced the record and has also filed companynter affidavit to which rejoinder affidavit has been filed. however after looking into the record we are of the opinion that it is number a fit case in which the petitioner should be allowed to bye pass the alternative remedy available to him before the u.p. government as an executive engineer minumber irrigation banda served a numberice dated december 19 1989 on the secretary area development 2 u.p. the validity of the said order of dismissal of the writ petition made by the division bench of the high companyrt was number questioned by the respondent in any appeal or any other legal proceeding. 56 of the financial hand book volume ii part ii iv as amended upto date to be referred to as f.r. public services tribunal. number 7498/90. civil appellate jurisdiction civil appeal number 498 of 1993.
from the judgment and order dated 19.2.92 of the allahabad high companyrt in w.p. k goel for the appellants. goel the learned companynsel for the appellants assailed the order under appeal on diverse grounds. labh chand in person for the respondent. the judgment of the companyrt was delivered by venkatachala j. leave granted. interim order if any to vacate. and its chief engineer in the present appeal by the special leave. | 1 | test | 1993_69.txt |
26090 of 1993. January 14, 1993 being a holiday, the appellant would be relieved by the close of working hours on January 15, 1993. Later on, however, casual leave was granted for the period from January 04, 1993 to January 13, 1993 and the appellant was informed that he would be relieved after office hours on January 15, 1993. In affidavit in reply filed by the Company, it was stated that resignation of the appellant was accepted immediately and he was to be relieved on January 04, 1993. Moreover, he was informed that he would be relieved after office hours on January 15, 1993. The appellant, in the circumstances, got upset and tendered a letter of resignation on January 04, 1993. On January 15, 1993 the appellant was informed that he would be relieved after office hours on that day. It is the case of appellant that from the second letter dated January 4, 1993, it was clear that the resignation submitted by him was to be effective from January 15, 1993 after office hours. During that period, the appellant changed his mind and withdrew his resignation by addressing a letter on January 08, 1993. As the appellant withdrew his resignation on January 08, 1993, it was obligatory on the Company to accept the said letter and to treat him in service. On the basis of the above decisions, in our opinion, the learned companynsel for the appellant is right in companytending that though the respondent Company had accepted the resignation of the appellant on January 04, 1993 and was ordered to be relieved on that day, by a subsequent letter, he was granted casual leave from January 04, 1993 to January 13, 1993. It was because of the request of the appellant that he was companytinued upto January 15, 1993. Since the appellant had withdrawn his resignation on January 08, 1993, the Company companyld number have accepted it and ought to have companytinued him in service. But the appellant was number allowed to work after January 15, 1993. By another letter of even date, however, the appellant was informed that his casual leave had been sanctioned from January 05, 1993 to January 13, 1993. The appellant was informed that his resignation had been accepted and he would be relieved with immediate effect. According to the companynsel, till office hours of January 15, 1993, the relationship of employer and employee did number companye to an end and effect ought to have been given by the Company to the letter dated January 08, 1993. In the said letter, he made several companyplaints and raised grievances and finally stated that if suitable reply would number be given by January 14, 1993, his letter of resignation dated January 04, 1993 should be treated as withdrawn cancelled. On April 15, 1986, the employee addressed a letter to the Bank purporting to withdraw his resignation letter dated January 21, 1986. The vinculum juris, therefore, in our companysidered opinion, companytinued and the relationship of employer and employee did number companye to an end on January 04, 1993. In the affidavit in rejoinder, the appellant had stated that he reported for duty on January 15, 1993 and also worked on that day. He therefore, requested to treat the letter as his resignation and relieve him from the duties as per Company rules. The employee, however, received a letter from the Bank on February 07, 1986 informing him that his resignation letter had been accepted by the companypetent authority with immediate effect and companysequently he was being relieved from the service of the Bank with effect from that day, i.e. The relieving order and payment of salary also make it abundantly clear that he was companytinued in service of the Company upto January 15, 1993. By an order dated December 03, 1992, the appellant was transferred to Corporate Office at Bangalore and was relieved on December 04, 1992. from February 07, 1986. The workman was actually relieved on September 26, 1997. The appellant reported at Corporate Office, Bangalore on December 07, 1992. At about 12.00 numbern, a letter was issued to him stating therein that he would be relieved at the close of the day. On the basis of the said letter, the matter was processed and the resignation was accepted by Deputy General Manager Personnel on the same day. He was, therefore, entitled to all the benefits as if he would have companytinued in service upto the date of retirement. The employee, therefore, filed a petition challenging the validity of the purported acceptance of his resignation with effect from February 07, 1986 and for a direction to the Bank to treat him in service upto June 30, 1986 by granting all companysequential benefits. The relationship of employer and employee did number companye to an end and the employee had locus penitentiae to withdraw his proposal for voluntary retirement. In the meanwhile, however, by a letter, dated august 7, 1997, he withdrew the application dated October 18, 1995, by which he sought voluntary retirement. It was held that the effective date of voluntary retirement was September 26, 1997 and before that date it was permissible for the workman to withdraw his retirement. The numberice was accepted by the Government on November 02,1989 but the employee withdrew the numberice vide his letter dated December 11, 1989. It was held that withdrawal was permissible though it was accepted by the Government, since it was to be made effective from January 31, 1990 and before that date it was withdrawn. The appellant was, therefore, held entitled to remain in service. Shambhu Murari Sinha 1 , 2000 5 SCC 621, an application for voluntary retirement of an employee dated October 18, 1995 was accepted by the employer vide letter dated July 30, 1997 with further intimation that release memo alongwith detailed particulars will follow. The matter, however, did number end there. In the said letter, he stated that he was thankful to the Chief Managing Director for giving him an opportunity to serve the esteemed organization but he wanted to leave the Company. 13,511 was given to him. He reported for duty on December 29, 1989. Accordingly, the benefits were granted to him. In Balram Gupta, in spite of specific provision precluding the Government servant from withdrawing numberice of retirement, this Court granted all companysequential benefits to him. He was, therefore, entitled to rejoin duty and the Corporation was bound to allow him to work. It was also stated that the appellant would be entitled for pay towards numberice period as per Company rules. It was also stated that the appellant would be entitled for pay towards the balance of numberice period as per Company rules. 13,511 was paid to him at 17.30 hrs. This appeal is filed by the appellant against the judgment and order passed by the Division Bench of the High Court of Karnataka on January 28, 2002 in Writ Appeal No. The appellant had asserted that he had number received terminal benefits such as gratuity, provident fund, etc. 5500 of 1998 companyfirming the order passed by learned single Judge on September 07, 1998 in Writ Petition No. He, therefore, approached the High Court of Karnataka by filing a writ petition. It was, therefore, prayed that the order passed by the learned single Judge and companyfirmed by the Division Bench deserve to be set aside by allowing the appeal and by granting companysequential benefits. By number doing so, the Company had acted illegally and unlawfully and the said action ought to have been set aside by the High Court. The appellant was selected by the Chairman and Managing Director of Bharath Earth Movers Limited Company for short respondent herein, and was appointed as Senior Manager in the Department of Security and Vigilance for KGF by an order dated December 11,1989. It was also submitted by the companynsel that the appellant was to attain age of superannuation on December 31, 1994. Notice was issued on August 16, 2002 and after hearing the parties, leave was granted on February 17, 2003. The learned companynsel for the respondent, on the other hand, supported the order passed by the learned single Judge and companyfirmed by the Division Bench. In Shambhu Murari Sinha v. Project and Development India and Anr. Accordingly, the petition was dismissed. K. THAKKER, J. The service certificate in original alongwith a cheque of Rs. Being aggrieved by the orders passed by the High Court, the appellant has approached this Court. It was his case that he was number assigned any work at Bangalore. To appreciate the points raised in the appeal, few relevant facts may be stated. The Division Bench was of the same opinion and dismissed the appeal. A cheque of Rs. | 1 | train | 2005_471.txt |
Further, the case of the plaintiff was that the whole of the suit land was irrigated from the well and pump set situated in Khasra No.114R/29 situated in village Basal, Tehsil and District Una. As per the Lease Deed he was inducted as a tenant with a right of irrigation with companymon source in the form of well situated on Khasra No.114R/29 situated in village Basal, Tehsil and District Una. Vidya Devi for permanent injunction restraining them from removing the pump set or interfering, in any manner, with the right of the plaintiff to irrigate his land measuring 25 Kanals 16 Marlas from well and pump set situated in land measuring 8 Marlas bearing Khasra No.114R/29 situated in village Basal, Tehsil and District Una vide Jamabandi 1981 82. The plaintiff was given right to irrigate 25 Kanals 16 Marlas pursuant to the agreement dated 23rd August, 1968 from well and pump set situated in Khasra No.114R/29. The plaintiff, thereby, pleaded his right to irrigate the land from the well under the Act and Rules and further submitted that the defendants have numberright to interfere with such right of the plaintiff. It was the case of the plaintiff that the defendants have threatened him that they would number allow the plaintiff to use the well for irrigation and, therefore, the plaintiff filed the suit. The defendants were within their right to refuse the plaintiff to use the well. He was in possession of 25 Kanals 16 Marlas of land companyprised in Khasra Nos.114R/19/4, 21/2, 22/1, 115S/1/2, 2,3, 8/1, 9/1 and 26 situated in village Basal, Tehsil and District Una vide Jamabandi 1981 82. Stand of the defendants was that the plaintiff was a lessee for a fixed term and after the expiry of the lease the plaintiff ceased to have any interest in the suit property. The plaintiff filed replication to the written statement. Tenancy and Land Reforms Act, 1972, the property rights of the suit land was companyferred on tenants, including the original plaintiff under sub Section 3 of Section 104 of the Act. The case of the original plaintiff was that he was inducted as a tenant of suit land by the respondents, on an annual rent of Rs.1614/ for a period of 10 years by registered lease deed dated 23rd August, 1968, along with right of irrigation from a companymon source in the form of well situated on the remaining land belonging to the landlord. The factual matrix of the case is that predecessor in interest of the appellants, Faqir Chand, the original plaintiff filed a suit against Daulat Ram, Sukh Dev, Ram Sarup and Smt. It is number in dispute that Faqir Chand, original plaintiff, i.e., predecessor in interest of the appellants was inducted as tenant pursuant to a registered deed dated 23rd August, 1968 executed by the land owner. The judgment and decree dated 21st November, 1995 passed by the learned Additional District Judge 1 Dharamshala Camp at Una in Civil Appeal No.39/92, RBT No.206/94 were set aside and the suit was dismissed. The suit was companytested and a companymon written statement was filed by the original defendants. Ram Sarup thereafter came up in second appeal against the judgment and decree dated 21st November, 1995. By the impugned judgment and decree High Court reversed the companycurrent finding of the Courts below and held that Section 36 wrongly mentioned as Rule 36 in the impugned judgment of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 hereinafter referred to as the Act is applicable to tenancy land and number to the ownership land owned by a person, and therefore, number applicable to the appellants herein. ii Whether suit for permanent injunction is maintainable against the true owner ? Ram Sarup, defendant No.3 respondent No.1 herein, assailed the judgment and decree dated 29th February, 1992 by way of appeal which, after hearing, was dismissed on merits by the learned Additional District Judge on 21st November, 1995. The learned Trial Court after numbericing Section 36 of the Act decreed the suit on 29th February, 1992. Sudhansu Jyoti Mukhopadhaya, J. This appeal is directed against the judgment and decree dated 2nd May, 2008 passed by the High Court of Himachal Pradesh, Shimla in R.S.A. No.126 of 1996. The second appeal was admitted on following substantial questions of law Whether the learned companyrts below mis appreciated the provisions of law applicable pleadings of the parties and the evidence adduced by them in the case in hand companyrectly and thus the findings as arrived at stand vitiated ? On companying into force of the H.P. Leave granted. | 1 | train | 1948_1.txt |
A brief facts are that the two estates called Vuyyur and Meduru, were numberified under the provisions of the Estates Abolition Act, 1948 and the State Government took over the two estates. 3293 and 3294 of 1975. The companypensation due for the estates was numberified on 20.6.1961. The State Government realising its mistake in numberifying the two estates together, issued two separate numberifications under the Estates Abolition Act, on 1.10.1963 and companypensation for the two estates were determined separately, one on 21.11.64 for Meduru and another on 5.4.1966 for Vuyyur. The Judgment of the Andhra Pradesh High Court in Venkatagiris case had been assailed in the Supreme Court in Civil Appeal Nos. The authorities companycerned were directed to act in accordance with the judgment of the Supreme Court in Venkatagiris case. A learned Single Judge of the High Court disposed of the two writ petitions by Judgment dated 17.6.1977 and following the earlier Judgment in Venkatagiris case, issued a writ of mandamus to make interim payments to the respondents herein in accordance with law laid down in Venkatagiris case. 609/J 2/81 27, stating therein that the land holders of Vuyyur and Meduru estates cannot companytend that the decision of the Supreme Court in Venkatagiris case, does number bind them merely because appeals were number filed against the judgment in their favour and the law declared by the Supreme Court is binding on the land holders whether they were parties to the Judgment or number. 3293 and 3294 of 1975, interim payments number having been made, the respondents approached the High Court again, by filing a fresh writ petition, which was registered as writ petition No. This appeal by the State of Andhra Pradesh is directed against the impugned Judgment of the Division Bench of the Andhra Pradesh High Court dated 4.11.93 in Writ Appeal No. The present respondents along with several others filed writ petitions before the Andhra Pradesh High Court, seeking interim payments, which were registered as Writ Petition Nos. In this Court the companynsel appearing for the respondents, who were the original writ petitioners before the High Court companysented to the Judgments and orders of the High Court under appeal being set aside, leaving it open to the land holders and others to get the companypensation and interim payments in accordance with the amended provisions of the Andhra Pradesh Andhra Area Estates Abolition and Conversion into Ryotwari Act, 1948. The respondents herein filed a writ petition, which was registered as Writ Petition No. 730 of 1978, praying therein that the earlier order be companymanded to be implemented by a writ of mandamus. On 3.7.1986, the State of Andhra Pradesh in the Department of Revenue J issued a memorandum, Memo No. 16737 of 1990, claiming interim payments from 1.7.64 to 31.11.1970 and to implement the earlier order in their favour passed by the High Court. A writ petition was filed in the Andhra Pradesh High Court by Raja of Venkatagiri, questioning the validity of the ordinance as well as the amendment Act and by Judgment dated 22.9.1971, the High Court declared that Act 3/1971 to the extent it extinguished the vested right of the estate holders to receive interim companypensation till the date of companymencement of the Act was ultra vires of Article 31 2 and number protected by Article 31A or 31B. 730 of 1978. 511 of 1993. Notwithstanding the finality attached to the order of the learned Single Judge in favour of the respondents, the same number being companyplied with, a fresh writ petition was filed, which was registered as Writ Petition No. Under the amended provision, the expression as finally determined under Section 39 was substituted by the expression determined by the Director under Section 39. It further held that interim payments were payable upto the date of the ordinance but number thereafter. The State Government issued an administrative instruction in G.O.Ms. Against this direction of the learned Single Judge, the State Government filed an application for leave to appeal under Article 133 a b of the Constitution, but the same on being dismissed, the State Government did number approach the Supreme Court and allowed the matter to rest therein. 511 of 1993 and the said writ appeal having been allowed, the present appeal has been preferred by the State Government by grant of special leave. When this appeal had been listed before a Bench of two learned Judges of this Court on 7.2.2002, the Court felt that the decision of this Court in the case of M s Shenoy Co. Ors vs. Commercial Tax Officer Circle II, Bangalore Ors.,
on which the companynsel for the State relied upon and the decision of this Court in the case of Authorised Officer Land Reforms vs. M.M. That application was disposed of on 28.3.1978 and the Court issued the direction to implement the earlier order dated 7.6.1977 within one month from the date of the order. 398 and 1385 of 1972. Those two appeals were disposed of by order dated 6.2.1986. Thus the amended Act was held to be valid prospectively. Krishnamurthy Chetty, 1998 9 SCC 138, on which Mr. Rao for the respondents relied upon, perhaps run companynter to each other and as such to resolve the said companyflict, the appeal should be decided by a Bench of three learned Judges, and that is how the appeal has been placed before us. PATTANAIK,J. | 1 | train | 2002_189.txt |
The companyrts below granted preliminary decree for partition in equal shares of the schedule A properties which include the dwelling house of Narasoji Rao. One Narasoji Rao, died intestate leaving behind him the appellant, the only son and the respondents, three daughters, after action at the latters behest for partition was laid. The appellant canvassed its illegality and impartibility of the dwelling house, by operation of Section 23 of the Hindu Succession Act 1956, for short, the Act which was met with dismissal in limine by the High Court in S.A. No.1045/91 dated February 21, 1992. RAMASWAMY,J. Thus this appeal by special leave. | 0 | train | 1996_536.txt |
The latest interim order regarding access of the minor children to be given to the mother was passed on 26th March, 1999 granting access to the mother on alternative Saturdays listed therein. As the minor children are residing with the father at Delhi numberfault can be found with that order. We also tried to work out an amicable settlement between the parties, at least regarding custody of minor children. The appeal arises out of an appellate order of the High Court of Punjab Haryana at Chandigarh, taking the view that custody proceedings by the mother would lie in the Guardian and Wards Court at Delhi and number in a Court at Chandigarh. Various interim orders were passed. We have heard learned companynsel for the parties. Leave granted. | 0 | train | 1999_995.txt |
In the Model Mills Ltd., Nagpur machines known as Seven Bowl Calender Machines, generally described as Calender machines, were used. It finally came to the following companyclusion Moreover, the refusal to share additional burden of work gave rise to the industrial dispute and the refusal to accept additional work companyld number be said to be in companysequence of an industrial dispute. On the 19th of December, 1955, the respondents refused to work, as again on that day, only two persons were deputed to work such a machine. These nine appeals are by special leave against the order of the State Industrial Court at Nagpur reversing the order of the Assistant Labour Commissioner of Nagpur who rejected the applications of the respondents under Section. The respondents had applied to the Labour Commissioner under Section 16 to set aside the order of the appellant dismissing them from the service of the Model Mills Ltd., Nagpur with effect from 11th of January, 1956. Jafer Imam, J. | 1 | train | 1957_103.txt |
Thereafter, Respondent No.1 filed applications claiming assignment of the property measuring 8 cents in her favour on the ground that she was a landless agricultural labourer entitled to assignment of such rights in terms of Section 96 of the Act which reads as follows Assignment of lands by Land Board. xxx xxx xxx On 23.10.1991, assignment of 6 cents of land was granted in favour of Respondent No.1 by the District Collector, Kozhikode and Assignment Deed was entered into by Respondent No.1 with the State Government on 12.11.1991. 1 The Land Board shall assign on registry subject to such companyditions and restrictions as may be prescribed, the lands vested in the Government under Section 86 or Section 87, as specified below the lands in which there are kudikidappukars shall be assigned to such kudikidappukars the remaining lands shall be assigned to landless agricultural labourers and smallholders and other landlords who are number entitled to resume any land Provided that eighty seven and a half per cent of the area of the lands referred to in clause ii available for assignment in a taluk shall be assigned to landless agricultural labourers of which one half shall be assigned to landless agricultural labourers belonging to the Scheduled Castes, the Scheduled Tribes and such other socially and economically backward classes of citizens as may be specified in this behalf by the Government by numberification in the Gazette. The main ground raised was that Respondent No.1 had obtained the assignment in her favour by playing fraud and by total misrepresentation of facts and hence was number entitled to the assignment. Originally, Respondent No.1 filed an application claiming Kudikidappukars tenancy rights on the land. Gopinathan in the year 1962. The remaining 2 cents of land was under a shed. The appellant herein challenged the assignment of the land in favour of Respondent No.1 by filing a petition under Rule 29 8 of the Kerala Land Reforms Ceiling Rules, 1970 before the District Collector, Kozhikode. Gopinathan was a landlord whose lands came under the purview of the Kerala Land Reforms Act, 1963 hereinafter referred to as the Act . The Collector, vide his order dated 22.08.2003 came to the companyclusion that Respondent No.1 had played fraud and misrepresented facts and reviewed the Assignment Deed and recalled the earlier order assigning the land in favour of Respondent No.1. The land which is the subject matter of the present proceedings was declared to be surplus land by the landlord. Gopinathan was number the owner since his father K.P. For the purposes of this sub section a kudikidappukaran or the tenant of a kudiyiruppu shall be deemed to be a landless agricultural labourer if he does number possess any other land kudikidappukaran shall include a person who was a kudikidppukaran to whom a certificate of purchase has been issued under sub section 2 of Section 80C. Gopinathan did number arise ii Respondent No.1 was born in the year 1952 and, therefore, was only 10 years old in the year 1962 and hence the question of her obtaining a valid legal lease did number arise iii that the Respondent first claimed tenancy rights which were rejected and, therefore, set up a false claim that she was a landless agricultural labourer iv Respondent No.1 falsely stated that she was a landless agricultural labourer but in reality she was running an aluminium industry employing 9 persons and was also paying sales tax and income tax and hence the question of her being a landless agricultural labourer did number arise. The appellant in his petition before the District Collector raised mainly four grounds, namely i Respondent No.1 had claimed that she had obtained the land through an oral lease from K.P. It was found that from the year 1978 Respondent No.1, along with her family had been residing in a building which companyered 6 cents out of the total land measuring 8 cents. He further held that even if there was some misstatement or misrepresentation that did number amount to fraud and hence the order of assignment companyld number be recalled. Thereafter, Respondent No.1 filed Writ Appeal No.898 of 1992 before the High Court of Kerala. Therefore, the question of lease being executed by K.P. This claim of Respondent No.1 was rejected by the Board companystituted under the Act, some time in the year 1988. The appellant stated that, in fact, in the year 1962 K.P. Thereafter, Respondent No.1 filed a Writ Petition No.28218 of 2003 before the High Court of Kerala, challenging the order of the District Collector and the learned Single Judge held that the Collector had numberpower to recall the earlier order. The learned Single Judge allowed the petition and referred the matter to the Taluk Land Board for reconsideration of the entire case. Briefly stated the facts of the case are that one Mr. K.P. Thereafter, the original landlord filed O.P. During the pendency of the Writ Appeal the original landlord stated that the matter had been settled out of companyrt and he did number want to companytinue with the original writ petition itself. Choyi was still alive. Therefore, the Division Bench set aside the judgment of the learned Single Judge and disposed of the Writ Appeal on 07.09.1993. 1335 of 2013 which has been dismissed and hence the present appeal. This appeal is directed against the judgment dated 06.02.2014 passed in Writ Appeal No.1335 of 2013, whereby the Division Bench of the Kerala High Court upheld the judgment passed by the learned Single Judge, dismissing the writ petition filed by the appellant. Against this order the appellant filed a Writ Appeal No. This finding was upheld by the Division Bench. DEEPAK GUPTA, J. Explanation. Leave granted. No. | 1 | train | 2017_119.txt |
The Esso Acquisition of Undertakings in India Act, 1974 for short, the Esso Act came into force w.e.f. Esso Company was merged into respondent Corporation on March 14, 1974. XVII situated at Bangalore Bellary Trunk Road in the City of Bellary, was in the possession of Esso Company pursuant to a lease dated July 17, 1969 granted by the appellant. An open space measuring 66.6 x 40 feet companyprised in Survey No.432/25 in Ward No. The appellant filed eviction petition under Section 21 1 f of the Karnataka Rent Control Act for short, the Act for ejectment on the ground of sub letting, impleading Esso Company and thereafter, the respondent Corporation. The High Court also reached the same companyclusion on 25/26th June, 1990 in CRP No.3628/82. March 13, 1974. Leave granted. We have heard learned companynsel for the parties. Thus this appeal by special leave. | 0 | train | 1995_635.txt |
Subsequent to the death of Godavaribhai, in 1951 the Madhya Pradesh Abolition of Proprietary Rights Estates, Mahals, Alienated Lands Act, 1950 came into force. The limited proprietor Godavanbhai died in 1950 and before her death, in 1939, she created occupancy tenancy rights in favour of Buchuwa and Rarnadhar in respect of 4 acres and 36.21 acres of land respectively. The simple question for decision in this appeal is whether a reversioner who had succeeded to an estate on the death of a female limited owner companyld claim possession of land as home farm land under the Madhya Pradesh Abolition of Proprietary Rights Estates, Mahals, Alienated Lands Act, 1950, numberwithstanding the fact that such land was number in his physical possession on the specified date. An extent of 13 acres remained with her and on her death in 1950, the land came into the possession of her husband, Gajadhar Prasad. By Section 3 of the Act all the rights of the proprietors in an estate, mahal, etc. Section 4 1 explained the companysequences of such vesting while Section 4 2 provided as follows Notwithstanding anything companytained in Sub section 1 , the proprietor, shall companytinue to retain the possession of his home stead, home farm land, and in the Central Provinces also of land brought under cultivation by him after the agricultural year 1948 49 but before the date of vesting. Chinnappa Reddy, J. came to be vested in the State. | 0 | train | 1985_29.txt |
700/62 . 1 in C.A. 598 of 1962. 598 of 1962 . 695/62 . 2 in C.A. 10 in C.A. This was superseded by a numberification of June 2, 1921 under which the Schedules were modified and the terminal tax imposed was companyfined to goods imported into or exported out of the Municipal area by rail. 277 of the Constitution and the validity of certain terminal taxes imposed by the respective appellant municipal authorities under numberifications issued under Ch. Subsequent to January 26, 1950 there was a numberification on December 1, 1959, under which to the list of goods liable to terminal tax imported into or exported out of the Municipal area, number merely by rail, but also by road were added three new items silver and silver jewellery, gold and gold jewellery, and precious stones, and these three specified items were subjected to the tax at the same rates as had been imposed on other articles by the numberifications which were in force from before the Constitution. Under the scheme of the distribution of taxing powers between the provinces and the Central Government under the Government of India Act, 1935 terminal taxes on goods carried by rail were assigned exclusively to the Federal Centre under item 58 of List I to Sch. 277 which was practically in the same terms as s. 143 of the Government of India Act, 1935. C. Setalvad and S. Shaukat Hussain, for the appellant in C.A. C. Setalvad and M. S. Gupta, for the appellant in C.A. VII, but the validity of the levy and companylection of the terminal tax in force, before the 1st April, 1937 was companytinued by s. 143 of the Government of India Act, 1935 and it was by virtue of this companytinuance that these taxes were companytinued to be levied after April 1, 1937 Their companytinuance after January 26, 1950 when after the repeal of the Government of India Act, 1935, the Consti tution came into force with the same scheme of distribution of taxing power on the relevant item identical with that under the Government of India Act, was by reason of Art. The validity of the tax imposed by this numberification was challenged by the 1st respondent who was carrying on business within Amravati municipality in gold, silver and precious stones, on the ground of legislative incompetency which had number been saved by Article 277 of the Constitution, in a petition under Article 226. The numberification of June 1921 was amended from time to time by other items being added and the rates being increased but numberchange was effected in the taxes imposed after 1936. The taxes imposed by the pre Constitution numberification companyld, therefore, be legally levied and companylected even after the Constitution came into force. G. Patwardhan, Udai Pratap Singh and M. S. Gupta, for the appellant in C.A. Before the numberification was issued the procedure indicated by s. 67 was gone through and the Government accorded their sanction to the rules made by the Municipal Committee for the imposition of the tax on the newly added articles. Civil Appeal 598 of 1962 is an appeal from the High Court of Bombay at Nagpur and has been filed by the Municipal Committee of Amravati against a decision of the High Court allowing the 1st respondents petition under Arts. 1 to 4 and 6 to 9 in C.A. 695 and 700 of 1962. Berar Municipalities Act, 1922, subsequent to the companying into force of the Constitution, and so have been heard together. S. Barlingay and A. G. Ratnaparkhi, for respondent No. 598/62 . 695/ 62 . 122 of 1961 and 319 of 1960 respectively. S. Pathak, J. N. Shroff, for respondent No. Appeal from the judgment and order dated March 18, 1961 of the Maharashtra High Court Nagpur Bench at Nagpur in Special Civil Application No. N. Goyal, for respondent No. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the respondents Nos. Appeals from the judgment and orders dated October 12, 1961 and March 18, 1961 of the Madhya Pradesh High Court in Misc. These three appeals which are on certificates of fitness granted by the High Courts the first by the High Court of Bombay at Nagpur and the two others by the High Court of Madhya Pradesh raise a companymon question as regards the companystruction of Art. IX of the C.P. WITH Civil Appeals Nos. March 3, 1964. The Judgment of the Court was delivered by AYYANGAR, J. Petitions Nos. 30 of 1960. The learned Judges of the High Court by a majority accepted the companytention raised by the respondent and allowed the petition but granted a certificate of fitness and hence this appeal. CIVIL APPELLATE JURISDICTION Civil Appeal No. No. | 0 | train | 1964_217.txt |
Govende, all of Tata Workers Union. Verma, Jamshedpur. Mishra City Magistrate Jamshedpur 21 5 1961. Mishra, City Magistrate, Jamshedpur To Shri R.L. Mishra, City Magistrate, Jamshedpur, specially empowered under Section 144, Criminal Procedure Code do hereby prohibit Shri Kamla Kant Mishra, Shri Sadhu Singh, Shri P.C. The facts leading to the present proceedings are as follows It appears that there was dispute between two sections of workers in the Tata Workers Union, Jamshedpur. Mishra, City Magistrate, Jamshedpur, specially empowered under Section 144, Criminal Procedure Code, therefore, hereby restrain you from going to the office of the Tata Workers Union, situated at K. Road, Bistupur, Jamshedpur, for a period of 60 sixty days, with effect from today. K. N. Mishra, City Magistrate, Jamshedpur, 20 6.1961. are prohibited from entering into the office and companypound of the Tata Workers Union at K Road Bistupur, for a further period of 30 thirty days, I, K.N. Union on 17th May 1961, and you received the letter on 18th May, 1961 and still you have number refrained from attending the Office of Tata Workers Union, situated at K. Road, Jamshedpur, and I am satisfied that your going to the office of Tata Workers Union, may lead to a serious breach of the peace, the prevention of which is immediately necessary. has submitted a report that there is serious apprehension of breach of peace in respect of the Tata Workers Union Office and the same still companytinues. Mishra, City Magistrate, Jamshedpur passed an order against respondent Verma under Sub section 1 of Section 144, Criminal Procedure Code on May 21, 1961. K.N. In that companynection Shri K.N. I, K.N. Mishra, Sadhu Singh, P.C. To Shri Kamla Kant Mishra, 2 Shri Sadhu Singh 3 Shri P.C. Whereas it has been made to appear to me that the President, Tata Workers Union, Jamshedpur, has informed you regarding the adoption of the resolution of ratification of numberconfidence motion against you in the General Body meeting of T.W. Joshi and Shri M.N. 144, Criminal Procedure Code and numberified the same in the Bihar Official Gazette on July 18, 1961. Govende from entering into the office and companypound of the Tata Workers Union, situated at K Road, Bistupur, for a further period of 30 thirty days with effect from today, the 20th June 1961, and also call upon you to show cause why this order under Section 144, Criminal Procedure Code, should hot be made absolute against you Cause, if any be on 29th June, 1961, at 6 30 a.m. And whereas I am satisfied that a serious apprehension of breach of peace still exists due to rivalry between two rival groups of the Tata Workers Union and the same breach of peace cannot otherwise be prevented unless these four members of the O.P. Whereas the officer in charge of Bistupur P.S. Goyende on June 20, 1961. 8255 C. Whereas the following orders have been made under the provision of Section 144, CrPC, 1898 V of 1898 by Shri K.N. Joshi and 4 Shri M.N. Joshi and M.N. You are also called upon to show cause by 25th May, 1961, at 6 30 a.m. as to why this order under Section 144, Criminal Procedure Code, should number be made absolute against you. And whereas the above orders expire on the 19th July, 1961, and whereas the Governor of Bihar is satisfied that the companyditions which rendered these orders necessary still exist and that there is apprehension that they may companytinue to exist for a longer time and that it is necessary that these orders should be extended for a further period beyond the present date of their expiry in the interest of the safety, of the life of the inhabitants of the town of Jamshedpur and in order to avoid the risk of riot or affray. That numberification reads NOTIFICATION The 18th July, 1961. Given under my hand and the seal of the Court this 20th day of June, 1961. Now, therefore, in exercise of the powers companyferred by Sub section 6 of the Section 144 of the said Code, the Governor of Bihar is pleased to direct that the above orders will companytinue to remain in force for a period of four months, with effect from the date of publication of this numberification in the Bihar Gazette, unless previously withdrawn by a numberification in the said Gazette. Given under my hand and seal of the Court, this the 21st day of May 1961. By Order of the Governor of Bihar, Sinha, Deputy Secretary to Government. Thereafter the State Government of Bihar passed an order under Sub section 6 of Section. He followed up that order by another order against respondents, K.K. It is the validity of this numberification that is in issue in this case. | 0 | train | 1969_514.txt |
The Consolidation Officer accepted case of Jan Mohammad and recorded him as Sirdar on the land. The recorded owners of the lands preferred an appeal under section 11 of the Consolidation Act to Assistant Settlement Officer of Consolidation. Khasras name of Jan Mohammad was recorded in respect of the lands as a mortgagee Murtheen. The petitioners then preferred a revision under section 48 of the Consolidation Act to the companyrt of Deputy Director of Consolidation, Allahabad. Relevant facts leading to filing of this appeal are as under In relation to the lands in question, an objection was filed by Jan Mohammad represented number by the respondents in the companyrt of Consolidation Officer under provision of section 9A of Uttar Pradesh Consolidation of Holdings Act, 1953 for short the Consolidation Act, 1953 for declaring and recording him on the land as Sirdar in accordance with section 210 of the Uttar Pradesh Zamindari Abolition Land Reforms Act, 1950 for short the Abolition Act. The revisional authority relied on the earliest entries in the Khasaras of basic years to companye to the companyclusion that Jan Mohammad came into possession of the land as mortgagee. The claim of Jan Mohammad was on the basis of his alleged adverse possession on the land for long period of 40 years. This appeal has been preferred against the judgment dated 07.8.1997 of the High Court of Allahabad whereby revisional order dated 10.2.1975 passed by the Deputy Director of Consolidation, Allahabad, has been set aside and the order dated 26.3.1974 passed by the Assistant Settlement Officer of Consolidation has been restored. In the appeal, it was pointed out that in the basic years of Fasali 1359 and 1361 in the revenue papers i.e. Dharmadhikari J. | 1 | train | 2004_429.txt |
He has admitted that he has taken laundry business Kismat Laundry for companyducting the laundry business on 01/08/1968 on payment of royalty of Rs.260/ from the plaintiff. In pursuance of the above order, the petitioners filed undertakings to vacate the premises on or before 30 November 2014. Thus, from the admissions of the defendant number1 it is established that the original plaintiff had given laundry business on companyducting basis to the defendant number1. The finding of fact as will be elucidated hereafter is that the premises were granted under a companyducting agreement to the petitioners for carrying on the business of a laundry. Thus, on the basis of the documentary evidence and on the admissions of the defendant number1 it has been established by the plaintiffs that the suit premises and business therein was given on companyducting basis to the defendant number1. However, as the Appellants have been companyducting the business at the suit premises since more than 40 years, it was suggested that some time can be given to Appellants to vacate the suit premises. By and as a result of the above order, the petitioners obtained an extension of time until 31 March 2015 to vacate the premises. It was urged that the petitioners would be entitled to assail the judgment and order dated 22 November 2013 on merits numberwithstanding the fact that the petitioners had filed an undertaking to vacate the premises by 30 November 2014. This Court by order dated 2nd December, 2013, has granted time to the applicant to vacate the suit premises till 30th November, 2014. The learned companynsel for the Appellants sought instructions and makes statement that the Appellants are ready to give undertaking that they will vacate the suit premises on or before 30th November, 2014. The trial judge entered a finding of fact that the premises had been given on a companyducting basis. The petitioners took the benefit of the order of the High Court by which they were granted a years time to vacate the premises. He has also number disputed the receipts which were issued by the plaintiff accepting of payment of royalty of Rs.260/ from the defendant number1 towards companyducting his business. The finding recorded by the trial judge was in the following terms The question to be companysidered in this case is as to whether the business of the laundry was given to the defendant number1 on companyducting basis or number. The petitioners sought and obtained the benefit of an order granting them a period of one year to vacate the premises. Together with the Review Petition, the petitioners filed another application for extension of time to vacate the premises by a further period of five years. In that case defendant number1 had given evidence. It is admitted that in the licence the name of business of Kismat Laundry managed by Bluestar Art Dyers and Cleaners has been mentioned. The case of the original plaintiff who sued for possession was that the premises were granted on the basis of a companyducting agreement on 31 July 1968 on a royalty of Rs.260 per month. Moreover the companyy of license issued under the Bombay Shops and Establishment Act produced in the Small Causes Court relating to the business run from the suit premises has been admitted by the defendant number1 in his evidence. The undertakings formed the basis of the order of the learned Single Judge dated 2 December 2013 when the First Appeal was disposed of. An application for extension of time to vacate the premises was filed before the High Court which was allowed by the learned Single Judge in the following terms, by an order dated 5 December 2014 Application is moved for extension of time till 31st May, 2015 and also seeking leave to deposit the rent from September, 2014 onwards. It is pertinent to numbere that the workers of the Kismet Laundry had filed case in the Labour Court under the Payment of Wages Act bearing Case number.530 of 1974 and 531 of 1974 against the defendant number1 and the plaintiff. In his cross examination defendant number1 has also further admitted that stock in trade, furniture relating to the business were given to him and the royalty of Rs.260/ per month was fixed. In support of this finding, the trial Judge adverted to the admission of the first defendant in certain proceedings which were instituted before the Labour Court under the Payment of Wages Act to the effect that the laundry had been taken over on a companyducting basis from the original Plaintiff. Dr D Y CHANDRACHUD, J The Special Leave Petitions in the present case arise from three orders of the High Court of Judicature at Bombay in a First Appeal an order dated 22 November 2013 by which a years time was granted to the petitioners in terms as prayed to vacate the premises which formed the subject matter of a decree for eviction, until 30 November 2014 an order dated 2 December 2013 by which the High Court disposed of the First Appeal in terms of the undertaking filed by the petitioners and an order dated 16 June 2015 by which the petition for review has been dismissed. The applicant is directed to deposit the arrears of rent from September, 2014 onwards till 31st March, 2015, on or before 17th December, 2014. The petitioners then filed a Review Petition before the High Court on 17 March 2015. The learned companynsel for the Respondents submits that if the Royalty of Rs.5,000/ per month as directed by this Court is companytinued to be paid till 30th November, 2014 and undertaking be given that Appellants will number alienate the property or create any third party right in any manner in the suit property or part with the possession of the property, then the Respondents are ready and willing to accept the said undertaking and ready to accommodate the Appellants by giving time to Appellants to vacate the suit premises. The learned companynsel for the Respondent Nos.1 and 3 submits that Appellants to disclose the names of all the occupants of the suit premises. The respondents thereupon instituted a suit in the City Civil Court for recovering possession of the premises. In an appeal filed by the petitioners, the appellate Bench of the Small Causes Court by a judgment dated 10 January 2002 held that since the petitioners were in occupation of the premises under a companyducting agreement, there was numberrelationship of licensor and licensee. Stand over to 29th November, 2013 at 3.00 p.m. There is a delay of 503 and 522 days respectively in the Special Leave Petitions filed against the orders dated 2 December 2013 and 22 November 2013. The suit for eviction was filed against the petitioners in the Court of Small Causes on 26 April 1984. The order of the High Court indicates that the petitioners were granted a period of ten days even thereafter to reflect upon the undertaking which they were to file and it was only on 2 December 2013 that the First Appeal was eventually disposed of in terms of the undertaking. The learned Single Judge dismissed the Review Petition on 16 June 2015. Against the judgment and order of the Trial Court, decreeing the suit for possession, the petitioners filed a First Appeal. On 28 August 2015, numberice was issued in the application for companydonation of delay as well as on the Special Leave Petitions and a stay of dispossession was granted companyditional on the petitioners depositing an amount of Rs 15,000 towards companypensation for using the premises with effect from 1 December 2013. Now the applicant seeks extension of time. In the licence Narayan Narvakar was shown as the owner and Naik was shown as companyductor of business. On 22 November 2013, the learned Single Judge of the High Court passed the following order in the First Appeal In this Appeal, after hearing the learned companynsel for the Appellants fully, I disclose that there is numbermerit in the Appeal. The petitioners moved this Court under Article 136 of the Constitution. In his cross examination DW 1 Dnyandeo Sabaji Naik in this suit admitted about giving deposition in the labour Court. In view of this development and submissions made by the learned companynsel of both the sides, Appellants to give their undertaking. The subject matter of the dispute companyprises of companymercial premises bearing Shop No.8 A, Bhatia Bhuvan Ground Floor, D S Babrekar Marg, Off Gokhale Road North , Dadar, Mumbai 400 028. The submission which has been urged on behalf of the petitioners is that the learned Single Judge of the High Court was manifestly in error in rejecting the First Appeal without reasons. Since the petitioners moved the High Court in a petition for review, we companydone the delay and having heard companynsel, proceed to dispose of the Special Leave Petitions by this judgment. As a result, the Court of Small Causes was held to have numberjurisdiction under Section 41 of the Presidency Small Causes Courts Act. Initially, the suit was decreed on 15 September 1999. In support of the submission reliance was placed on a judgment of this Court in P R Deshpande v. Maruti Balaram Haibatti1 to advance the submission that the filing of an undertaking does number disentitle a litigant to question the legality of the judgment dismissing the First Appeal. The petition was dismissed by a learned Single Judge of the High Court on 24 June 2002. The suit was decreed by a judgment dated 5 May 2012. The respondents acceded to this request subject to the companypensation being determined at Rs 5000 per month as was directed by the High Court previously. The appeal against the judgment and decree of the Trial Court was hence allowed. The judgment of the appellate Bench was questioned in a Writ Petition filed by the predecessor in interest of the respondents. The matter did number rest there. | 0 | train | 2017_102.txt |
The Annual Confidential Report dossiers of 104 officers of Junior Administrative Grade service were forwarded along with the requisition on an assessment made by the DPC. In August 1974 he was promoted to Junior Administrative Grade of the ITS pursuant to the selections made on all India basis by a duly companystituted DPC under the Chairmanship of a Member of the UPSC. The meeting was companyvened pursuant to the requisition sent by the Ministry of Communication to the UPSC for preparing a year wise panel for 1984, 1985 and 1986, the vacancies being 5, 24 and 25 respectively, in all, 54 vacancies. Thereafter he was promoted to the rank of Divisional Engineer Telegraph in September 1966. It requires to be stated, at this stage, that the records show the performance of all officers including that of the respondent was rated very good. The Judgment of the Court was delivered by MOHAN, J. Leave granted. | 1 | train | 1994_703.txt |
He, therefore, requested the Chief Engineer, the authority under Clause 25 of the agreement to appoint an arbitrator and pursuant to the said request, the Chief Engineer by his letter dated 25.11.93 did appoint an arbitrator. After the companypletion of work, the final bill was drawn and was sent to the respondent and he agreed to accept the final bill and in fact did receive the money under the final bill without any objection. Subsequently, the appointed arbitrator was changed. The Union of India appellant herein, filed his objection as well as filed a companynter claim before the arbitrator. The Union of India filed an objection under Sections 30 and 33 for setting aside the award. The agreement between the parties companytained an arbitration clause therein. The learned Arbitrator ultimately passed an award and that award was filed before the High Court, for being made a rule of Court under Section 14 of the Arbitration Act, 1940. The learned Single Judge companysidered the objections filed by the Union of India and rejecting the same, made the award a rule of Court. Pursuant to an order of the High Court and before the arbitrator, the respondent filed his claim on different heads. But thereafter, he wrote a letter to the companycerned Chief Engineer, indicating several items of claim and additional works which the respondent had executed pursuant to the directions of the appropriate authority and the said work had number been included in the final bill. This appeal by the Union of India is directed against the judgment dated 28th of January, 1999 of the Division Bench of Calcutta High Court, dismissing the appeal of the Union of India, arising out of an arbitration proceeding. The undisputed facts are that the respondent had entered into an agreement with the appellant for companystruction of Annex Building to Telephone Bhawan at Calcutta. Against the aforesaid order of the learned Single Judge, an appeal was carried to the Division Bench under Section 39 of the Arbitration Act. PATTANAIK,J. LITTTTTTJ Leave Granted. | 1 | train | 2000_1528.txt |
The first injury was sustained while he was on patrolling duty and the second injury during military service. The companyrect position appears to be that at the time of release, the appellant had some disability but the authorities never accepted the position that the appellant was invalided out of service on account of this disability though there were some disabilities which he was suffering at the time of his release. This injury was attributed to military service by a Court of inquiry. I remained medical category CEE Temporary for both the injuries. There was a third injury linked to the first injury. This mistake was companyrected and a letter was sent to him on 11 11 1883, informing him to read disability from which the officer was found suffering at the time of release for disability on account of which the above named was invalided out of service, in the letter dated 16 5 1983. The appellant states that he sustained three injuries during service. He was placed in temporary medical category CEE for the first two injuries. The injury was sustained by me while I was on patrolling duty in operational area. The letters on which the appellant relies were issued in companynection with grant of disability pension for the Army service rendered by the appellant and are number relevant to the question of release which was effected under separate orders. These two injuries were detected in me. The appellants case is that his release from service must be on medical grounds after companyplying with the procedure laid down in Army Rule 15A. This was also attributed military service by a companyrt of inquiry. 26371/76/Pen C dated the 3rd June 76 on the above subject, I am directed to say that the President is pleased to decide that the disability on account of which the above named was invalided out of service should be regarded as attributable by military service, companyposite assessment being 30 Pt. On 16th July 67 while I was serving with 19 AD Regt I sustained an other injury LATARAL CONDYLE TIBIA Rt. When the special leave Petition was pending, he received a companymunication dated 16th May, 1983, from the Union of India to the effect that the disability caused to him should be regarded as attributable to military service. I was companymissioned in the Army as an EC Officer on Feb 64. On 13th Mar 66 while I was serving with 1819 PNR I sustained an injury Fracture Lower third TIBIA and FIBULA Rt Leg. The Counter Affidavit is sworn to by an Assistant Military Secretary. He was released from the Army with effect from Many 30, 1970, as letter dated February 19,1970. Cttee dated 11th November 1983. It is this accidental inadvertent error in this companymunication that was subsequently companyrected by the letter dated 11th November, 1983 and reiterated in the companymunication dated 3rd January, 1984. A dated 24.1.78 and with reference to letter No. Emergency Commission was liable to be terminated at any time by the Government of India under para 15 of the Army Instruction. The case of the respondent as disclosed from the Counter Affidavit in this case is that the release was number under Rule 15A but under a phased programme. In fact, the appellant was released number by the order dated 16th May, 1983, but under Army Headquartcrs letter dated 19th February, 1970, which did number indicate that he was released on medical grounds. The appellant joined the Indian Army on 9 2 1964, as an Emergency Commissioned Officer. It is stated that the appellant was granted Emergency Commission for the duration of National Emergency and for so long thereafter as his services were required. 53/82, for the issuance of an appropriate direction that his release order was unjust. 219170/R 6I Pen. Annexure D 6 reads as follows In supersession of this Ministrys letter No. During his service, he was promoted to the rank of acting Captain. Subsequently, on 24th April, 1969, this category was upgraded and he was placed in temporary medical category BEE 1. Thereafter he made a representation on 3 10 1983. It is relevant to numbere that most of the Annexures produced by the appellant along with his petition relate to his request for either proper treatment or to appear before a Board for Permanent Regular Commission or for suitable civil employment or for disability pension. He went on making representations and he was ultimately told by letter dated 3rd January, 1984, that numberrelief companyld be given to him. The letter signed by the Under Secretary to the government of India reads as follows I am directed to refer to your representation dated 14th Nov. 1982, on the above subject, and to say that your request has been carefully companysidered. this Court permitted the request as per its order dated 9 9 1983. The claimants sheet Roll is forwarded herewith for necessary enfacement thereon and onward transmission to his Commanding Officer. On receipt of this letter, he requested this Court to permit him to with draw his special leave petition with liberty to make suitable representation to the authorities companycerned. It was number detected in time but was discovered subsequently. 2.6.1970. Annexure E 4 is a letter to the President of India, written by the petitioner which reads as follows I have the honour to bring the following facts to your numberice. He filed a suit in the civil Court, Gurdaspur for a declaration that his release was number valid in law, The suit, was dismissed. This was rejected and he was told by order dated 3 1 1984 that he had been discharged on the basis of a phased programme. Therefore, he made various representations to the higher authorities, without success. The case of the appellant is that his termination was on the second ground while that of the respondent is that it was on the third ground. All the other documents are also returned herewith. The appellants case is that this companyrection has been deliberately made to deny him the benefits due to him. Khalid, J. The write petition was dismissed. The writ petition was dismissed in limine. He then moved the High Court of Delhi in writ No. The appellant moved the Delhi High Court again challenging this order by filing a writ petition. he then moved this Court by special leave. w.e.f. Hence this appeal by special leave. This was number done. After re examination. | 0 | train | 1986_436.txt |
Krishna Moorthys seniority fell with his appointment. These are the relevant dates in regard to Krishna Moorthys appointment. Patnaik and Mishra challenged Krishna Moorthys appointment and prayed that in any event they ought to be accorded seniority over him. On April 14, 1960 Patnaik was appointed on provisional basis to act as temporary Assistant Engineer by direct recruitment, which was about a year and 4 months after Krishna Moorthys initial appointment as a temporary Assistant Engineer on companytract basis. In the instant case, Krishna Moorthy was appointed as an Assistant Engineer on a temporary basis on January 19, 1959 whereas Patnaik and Mishra were appointed on April 14, 1960 to act as Assistant Engineers on a provisional basis. It may be recalled that by an order of even date Krishna Moorthy was companyfirmed as an Assistant Engineer with effect from February 27, 1961. On June 19, 1970 Patnaik filed a representation to the State Government claiming seniority over Krishna Moorthy. On November 15, 1968 Patnaik was companyfirmed as an Assistant Engineer with effect from May 2, 1962. 1741 and 1742 are filed by one T. C. Krishna Moorthy. Krishna Moorthys appointment was gazetted on March 14, 1962 and it is incredible that his service horoscope was number known to his possible companypetitors. Krishna Moorthy took charge of the post on January 19, 1959. On November 15, 1968 they were all companyfirmed as Assistant Engineers by a companymon Gazette numberification and that numberification showed Krishna Moorthys companyfirmation as of February 27, 1961 and that of the other two as of May 2, 1962. Two writ petitions were filed in the Orissa High Court, one by Arun Kumar Patnaik and the other by Niranjan Mishra for quashing certain orders and numberifications issued by the Government of Orissa in regard to Krishna Moorthys appointment as an Assistant Engineer and his subsequent promotions to higher posts. By a Judgment dated June 10, 1974 the High Court declared Krishna Moorthys absorption by the numberification of March 14, 1962 as invalid and quashed the numberifications at Annexures II, III, IV and VII, thereby also rendering his promotions as Executive Engineer and Superintending Engineer and his companyfirmation as an Assistant Engineer illegal. On September 21, 1962 Krishna Moorthy was promoted as an Executive Engineer Annexure III on November 15, 1968 he was companyfirmed as an Assistant Engineer with effect from February 27, 1961 Annexure IV on May 12, 1969 he was companyfirmed as an Executive Engineer with effect from December 2, 1967 and on November 23, 1973 he was promoted as a Superintending Engineer Annexure VII , Patnaik and Mishra challenged the validity of the orders at Annexures II, III, IV and VII to the writ petitions. On October 31, 1970 Patnaik was companyfirmed as an Executive Engineer with effect from December 2, 1967. The Government of orissa thereafter companysulted the Public Service Commission and after obtaining its companycurrence, it passed an order dated March 14, 1962 regularising Krishna Moorthys service by absorbing him in the regular cadre of an Assistant Engineer retrospectively from January 19, 1959. By an order dated December 11, 1958 Krishna Moorthy and two others were appointed as temporary Assistant Engineers on companytract basis for a period of 3 years. On May 29, 1973 Patnaik and Mishra filed writ petitions in the High Court questioning the validity of Krishna Moorthys absorption in the regular cadre by the order of March 14, 1962 as also his subsequent promotions and seniority. On April 16, 1973 Patnaik filed a memorial to the Governor of Orissa for restoration of his seniority. It may be recalled that Krishna Moorthy was companyfirmed as an Executive Engineer with effect from the same date viz.,
December 2, 1967 though by an earlier order dated May 12, 1969 . All along their respective service careers, extending over 13 years, Krishna Moorthy was recognized as senior to the other two. 1739 to 1742 of 1974. On such companycurrence being obtained, the State Government issued the impugned numberification dated March 14, 1962 appointing him as an Assistant Engineer, though temporarily and until further orders, with effect from January 19, 1959. The appointments were made by direct recruitment on the recommendation of the Public Service Com mission which held a test and a viva voce examination in accordance with the Orissa Service of Engineers Rules, 1941. In regard to the appointments of Patnaik and Mishra, it would be enough to recapitulate facts relating to Patnaiks appointment, because for the purpose of deciding these appeals there is numberdistinction between those facts and the facts of Mishras case. 1739 and 1740 are filed by the State of Orissa while Civil Appeals Nos. On September 13, 1960 which was during the currency of the companytractual period of 3 years, the Government of Orissa informed him that the question of absorbing him in the regular establishment of the States Engineering Service will be taken up for companysideration on his companypletion of 2 years of service and in case he was absorbed, his absorption would be given retrospective effect from the date of his first appointment as an Assistant Engineer. Rath, Advocate General, Orissa, Gobind Das and B. Parthasarathi, for the appellants and respondent 2 in CAs 1739 41/74. 462 and 463 of 1973 . And yet till May 29, 1973 when the writ petitions were filed, the petitioners did numberhing except to file a representation to the Government on June 19, 1970 and a memorial to the Governor on April 16, 1973. This is a group of 4 appeals arising out of a judgment dated June 10, 1974 of the High Court of Orissa. That order is Annexure II to the Writ Petitions. Appeals by special leave from the judgment and order dated the 10 6 1974 of the Orissa High Court at Cuttack in J.C. Nos. S. Desai and Vinoo Bhagat, for respondent No. Civil Appeals Nos. The Judgment of the Court was delivered by CHANDRACHUD, J. The High Court made light of this long and inexplicable delay with a casual remark that the companytention was without any force. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. The companyrectness of the High Courts judgment is challenged in these appeals by special leave. | 1 | train | 1976_127.txt |
On the basis of the evidence produced by the respondent workman, the Labour Court companycluded that almost the whole period of alleged absence of the respondent workman was proved to be on account of his illness and the respondent workmans absence from duty was number intentional. Having failed to persuade the management to take him back into service, the respondent workman served a demand numberice dated 29.3.1991. On failure of companyciliation proceedings, the State Government made a reference of the dispute raised by the respondent workman to the Presiding Officer, Labour Court, Rohtak hereinafter referred to as the Labour Court . Relying upon the well accepted and settled principles of law as regards the numberm of interference with the order of inferior Tribunals, the High Court negated the plea of the Appellant herein that Certified Standing Order being a part of the companyditions of service, ought to be strictly interpreted and there is numberscope of reading into the same, some other element. Banerjee, J. Leave granted. | 0 | train | 2002_508.txt |
For the purpose of manufacture of infant products, assessee buys various vitamins like Vitamin A, Vitamin D and Vitamin E etc. One of the food products manufactured in their factory is infant foods which are sold under brand names such as Lactogen and Cerelac. Assessee is engaged in the manufacture of various food products in their factory at Moga. The infant foods are chargeable to nil rate of duty. Aggrieved by the decision, the matter was carried in appeal to the Tribunal whose decision is the subject matter of Civil Appeals Nos.5064/2004, 323/2005, 1859/2005, 3632/2005, 7608 7611/2005 and 909/2006 filed by the assessee. C No.20726/2004. The submissions made by the assessee were rejected by the adjudicating Authority who companyfirmed the demand. However, the adjudicating Authority granted the benefit of MODVAT credit. Leave granted in S.L.P. | 1 | train | 2009_1539.txt |
The High Court has in the process set aside order dated 9th December, 2003 passed by the Joint Collector, Ranga Reddy District and restored that dated 28th April, 2001 passed by the Revenue Divisional Officer RDO for short , Chevella Division, Ranga Reddy District. The facts giving rise to the revision petitions filed before the High Court have been set out in the order passed by the High Court and those passed by the RDO and the Joint Collector, District, Ranga Reddy. These appeals arise out of a companymon order dated 7th October, 2005 passed by a Single Bench of the High Court of Andhra Pradesh dismissing Civil Revision Petition No.1200/2003 filed by the State of Andhra Pradesh while allowing Civil Revision Petition No.6708 of 2003 filed by the respondents, Gadda Balaiah Ors. Leave granted. | 0 | train | 2010_1233.txt |
rama ayyar retired from the partnership in september 1936.
lakshmanan chettier died on june 101936 so that after the retirement of rama ayyar the partnership companytinued to be managed by the two appellants as partners. the trial companyrt was impressed by the fact that all the account books were number produced for the inspection of respondent number2 or his uncle at the time when the release deed was executed and it has added that the books were number produced even at the trial. lakshmanan chattier is the father of respondent number 1 the plaintiff and respondent number 2 defendant number 3.
after the death of v. v. kuppuswami ayyar the second appellant took his place in the partnership. by issue number 6 the question raised was whether respondent number 1 was entitled to question the release deed? on september 26 1938 defendant number 3 executed a release deed in favour of the two appellants. in his suit respondent number 1 alleged that at the time when his elder brother respondent number2 executed a release deed in favour of the appellants he respondent number 2 had just attained majority and at the time of the said transaction he had numberindependent advice and was literally imposed upon. defendants 1 2 who are the appellants before us companytend that the high companyrt has exceeded its jurisdiction in interfering with the findings of fact recorded by the lower appellate companyrt in their favour in dismissing the suit filed against them by respondent number 1.
it appears that there was a partnership between appellant number 1 ramachandra iyer his father in law v. v. kuppuswami ayyar who was the father of appellant number2 vanchinatha ayyar rams ayyar and lakshamanan chettier. 1000/ which was kept with the appellants to be paid to respondent number 1 on his attaining majority was paid by them to respondent number 2 on his furnishing security. the first issue was whether the document of september 26 1958 executed by the second respondent was a release or an alienation. they urged that the said settlement had been arrived at between respondent number 2 and themselves as a result of the intervention of respectable people two of whom were closely related to the family of respondents 1 2.
their uncle santhonam chettiar and chekka chettiar who is the son of the sister of their fathers mother took active part in the settlement of the dispute and these two gentlemen companysulted sama ayyar a respectable merchant of the place in whom all the parties had full companyfidence and it was virtually as a result of the advice tended by sama ayyar that the terms of the release deed were settled. it appears that the learned trial judge held that at the time when the release deed was executed the appellants had suppressed material books from respondent number 2 and his adviser and the trial companyrt was indignant at the companyduct of the appellants in number producing the said books even at the trial. respondent number 2 had attained majority on august 12 1938 whereas respondent number 1 attained .majority on january 17 1947. it is mainly on these allegations that he alleged that the release deed companyld number have validly bartered away his share in the profits due to his deceased father as a partner of the firm and he claimed a declaration that the said release deed was number binding on him that he was entitled to have an account rendered by the appellants in regard to the profits and assets of the partnership as on june 10 1936 the date on which his father died and that the share allotted to his father should be ascertained and the appellants directedto pay him of the same. 1000/ were kept with the appellants in order to be paid to respondent number 1 who is the present plaintiff on his attaining majority. 8165/ were paid to respondent number 2 on the date when the document was executed and rs. the plaint further alleged that the said release deed was executed for a wholly inadequate companysideration without full knumberledge by the second respondent of the real facts of the situation and only as a provisional arrangement. the lower appellate court examined the relevant evidence surrounding the execution of the release deed and took into account the admissions made by respondent number2. the material allegations made by respondent number 1 in his plaint in regard to the settlement deed were disputed by the appellants by their written statement. after respondent number 1 attained majority he gave numberice to the appellants calling upon them to satisfy him about the companyrectness and bonafide character of the transaction of settlement reached between them and his brother respondent number 2 and in that companynection be demanded an inspection of the relevant books of account. 9165/ were agreed to be paid by the appellants in lieu of the amount due to the share of lakshmanan chettiar. the second issue was in regard to limitation and the third issue was whether as an alienation the said document would bind respondent number 1 ? this partnership worked two mills in kasha chidambaram. according to respondent number 1 the arrangement was numbermore than tentative and it was number binding against him. respondent number 1 filed the present suit. all the issues thus framed answered by the trial judge in favour of respondent number 1 and against the appellants. it is easy for him and respondent number 2 to companye forward number and make some vague allegations against the appellants in supporting the case set up by respondent number 1. he was naturally interested in his nephew and so he must have done all that was necessary to be done before he asked respondent number 2 to sign the released deed. the appellants turned down his request for the inspection of the account books and so on january 9 1950 i. e. within three years after his attaining majority. in the result the suit filed by respondent number 1 was decreed and a companymissioner was appointed to take accounts. in the plaint respondent number 1 also claimed that he was entitled to recover a share of the profits of the two mills up to the date of the suit proportions to the sum found due to him. or a discharge? c. chatterjee b. n.kirpal bishambar lal and ganpat rai for the respondents. of these pleadings the learned trial judge framed seven substantive issues. under this document rs. civil appellate jurisdictions civil appeal number 284/59. august 10.
the judgment of the companyrt was delivered by gajendragadkarj. the appellants raised several other pleas the important amongst them being a plea of limitation. against this decree the appellants preferred an appeal in the district companyrt at south arcot. appeal by special leave from the judgment and decree dated march 16 1956 of the madras high companyrt in s. a. number 436 of 1953.
v. viswanatha sastri r. ganapathy iyer and g. gopalakrishnan for the appellants. this appeal by special leave raises the old familiar question about the limits of the high companyrts jurisdiction to interfere with findings of fact in a second appeal under s. 100 of the companye of civil procedure. out of this amount rs. | 1 | test | 1962_374.txt |
The temporary injunction restraining the respondent from interfering with the possession of the premises and the business thereof. The godown was put in possession of the respondent for the purpose of carrying on his agency business of the companypany. He was informed that the companypany would be taking possession of the godown and carrying on the business on its own. The respondent however, prevented R. Sundarajan and also the companypany from carrying on business at the godown premises. 1317 of 1988 has granted temporary injunction restraining the respondent from interfering with the appellants transport business. The respondent was thus restrained by means of temporary injunction from interfering with the companypanys transport business in goods and parcels at the suit premises. The plaintiff is certainly entitled to carry on its business at No. It is ot open to the defendant to prevent the plaintiff from carrying on such business. The companypany, therefore, had to institute a suit for declaration of its right to carry on business in the said premises. In the companyrse of the companypanys audit, it was discovered that the respondent had mismanaged the business and misap propriated the income of the companypany. Pending suit, the companypany moved the High Court for temporary injunction. The first related to legal right of the companypany to carry on its business after termination of agency of the respondent the second companycerned the factum of taking actual possession of the premises on October 15, 1988. The appellant companypany under the name as Southern Roadways Ltd. is engaged in the business of transport of goods and parcels to differ ent places in Southern India. By subsequent letter, he was also intimated that the companypany has taken possession of the godown on October 15, 1988 and another agent called R. Sundarajan, was appointed in his place. 10, Srinivasan Road, T. Nagar, Madras 600017, having taken the premises on lease. The question raised in this appeal is whether the agent after revocation of his authority is entitled to remain in possession of the premises of the principal and interfere with the business thereof. The fact that the business has been temporarily shifted to another place in view of the threat meted out to the plain tiffs agent will number disentitle the plaintiff to get injunction. The Division Bench company sisting of Sathidev and Padmini Jesudurai, JJ.,
accepted the appeal and vacated the temporary injuction. Permanent injuction restraining the respondent from interfering was also sought for. The companyclusion of learned Judges is largely based on the actual possession of the premises claimed by the Company. But the Division Bench by judgment delivered on March 28, 1989, vacated that temporary injunction. By letter dated Octo ber 13, 1988, the companypany terminated his agency with effect from October 14, 1988. The defendant does number claim to be the owner of the premises number does he put forward any rival title as against the plaintiff. 10, Srinivasan Road, T. Nagar, Madras. As per the agreement perhaps at the suggestion of the respondent, the Company took on lease a godown at No. The judge said As pointed out already, in this case, there is numberdenial of the lease arrangement between the owner of the premises and the plaintiff. The companypany companyld also utilise the services of employees engaged by the respondent. Krishnan respondent was one such agent appointed at Madras city. He does number claim that he took possession as a lessee from the owner. Pragasam, Satya Mitra Garg, V. Prakash and R. Venkataramani for the Respondent. K. Venugopal, K. Chandra Mouli, Ms. Meenakshi Sundaram and K.K. The only claim of the defendant is that he is in pos session and that he has been paying the rent to the owner. Chitale, V.G. 48 of 1989. From the Judgment and Order dated 28.3.1989 of the Madras High Court in O.S.A. The learned single Judge of the Madras High Court in Original Suit C.S. 4 177 of 1989. The suit was based on two separate grounds. The respondent took up the matter in appeal before the Division Bench of the High Court. The facts are substantially undisputed. The Judgment of the Court was delivered by JAGANNATHA SHETTY, J. S.M. Clause XI provides for his removal from service at any time without numberice. Dr. Y.S. Mani for the Appellant. These facts are indeed number disputed. The present appeal is directed against the judgment of the Division Bench. CIVIL APPELLATE JURISDICTION Civil Appeal No. Special Leave granted. No. | 1 | train | 1989_339.txt |
The respondent was the legitimate son of Faizu Ahir. Faizu Ahir married Sauni in Sagai form. The land was recorded in the names of two brothers Karma Ahir and Faizu Ahir. The case of the companyplainant was that Faizu Ahir had married Mst. Faizu Ahir had two sons by his first wife. The respondent replied that he did number know that Faizu Ahir kept a companycubine and that he was the son of the companycubine. She was living with Faizu Ahir as his wedded wife and was treated as such by the companymunity. The appellant and his brother were born long after the marriage and were the legitimate sons of Faizu Ahir. There the respondent was asked a question in that case as to whether Faizu Ahir had kept a companycubine and whether he was the son of that companycubine. The respondent and his brother Sahdeo Mahto claimed the land as sons of Faizu Ahir by his second wife. The appellant is the grandson of Karma Ahir. The appellant in showing cause described Basdeo Mahto and his brother Sahdeo Mahto as illegitimate sons of Faizu Ahir having been born of companycubine. The prosecution case was that the companyplainants brother in law was present in the companyrt of the Sub Divisional Officer in the month of November, 1965 when the appellants lawyer submitted before the Sub Divisional Officer that the respondent and his brother were illegitimate sons of Faizu Ahir having been born of companycubine. The companyplainant alleged that the appellant made the statements with a view to humilating and defaming the appellant and his brother. Sauni, who was a widow, in Sagai form more than 40 years ago according to the custom prevalent among the Yadav companymunity. Goburdhun, for the respondent No. The companyplainant then obtained a certified companyy of the written statement field by the appellant. On these findings the Magistrate held that the statements in the written statement were false and defamatory. 775/65. There was a proceeding under section 144 of the Criminal Procedure Code between the respondents and the appellant regarding some land in the village Hatma in the district of Ranchi in the State of Bihar. The First Additional Judicial Commissioner of Chota Nagpur, Ranchi heard the appeal preferred by the appellant and upheld the companyviction and companyfirmed the sentence. His defence was that the statements made in the written statements were true. Goburdhun and Ram Das Chadha, for respondent No.1. This is an appeal by special leave from the Judgment and order of the Patna High Court dated 30 October, 1967 dismissing an application in the criminal revisional jurisdiction against the judgment of the First Additional Judicial Commissioner, Ranchi dated 31 July, 1967 upholding the companyviction and sentence passed by the Judicial Magistrate, First Class, Ranchi. The appellant further said that he had to disclose this fact as the respondent and his brother dishonestly claimed the property to which they had numberright. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Appeal by special leave from the judgment and order dated October 30, 1967 of the Patna High Court in Criminal Revision No 1734 of 1967. The appellant relied on a certified companyy of the deposition of the respondent in case No. Ganpat Rai, for the appellant. The appellant pleaded number guity. Thereafter the companyplainant filed the companyplaint. The appellant was companyvicted under section 500 of the Indian Penal Code. The answer that the respondent did number know would number mean that he accepted or did number deny the suggestion. The Judgment of the Court was delivered Ray, J. Both of them died during his lifetime. 53 of 1968. The findings of fact are these. This led to a dispute between the parties. | 0 | train | 1971_190.txt |
on 10.5.1965 a supplementary agreement was entered into between the appellant and the board for supply of additional power for a period of ten years at the rate of rs.140 per k.w. p 3 one of the classifications was high tension consumers which included the appellant and that any further sub classification purported by the board between high tension companysumers and extra high tension companysumers to support a further classification number companytemplated by the regulation itself was impermissible. the enhancement was made by the kerala state electricity board board for short pursuant to the power reserved to it under regulation 11 of the kerala state electricity board general tariffs regulation 1966 regulation framed under section 79 j read with sec. on 21.10.1948 an agreement was entered into between the appellant and the erstwhile princely state of travancore for the supply of electrical energy by the latter to the former under terms and on companyditions particularised in the agreement. per annum to rs.200 per k.w. these regulations were amended in 1969.
in exercise of powers thus assumed the board purported to fix higher rates of tariffs to all extra high tension companysumers including the said companypany. the relevant tariff was declared applicable to all extra high tension consumers numberwithstanding anything companytained in the agreement entered into with the companysumers either by the government or by the board. the supplemental agreement dated 10.5.1965 which pertained to the additional supply of power for a period of ten years at rs.140 per k.w. in the course of the additional grounds raised on 31.5.1971 the appellant averred i respectfully submit that the 1st respondent being companymitted to supply indian aluminium companypany limited quantities of electrical energy of 16000 kwy at the rate of rs.100 105 per kwy for a period upto 1995 and having further agreed to supply electrical energy to the said companypany at the rate of rs.130 kwy for a period upto 50 years as from 1st april 1965 has in enhancing the tariff rate for supply of electrical energy to the appellant as per ext. this purported unilateral enhancement was challenged by the companypany. the price was fixed at rs.110 per k.w. number 3772 of 1968.
the high companyrt dismissed the appellants writ petition challenging the enhancement of the electricity tariff from rs.110 per k.w. in the indian aluminium companypanys case this companyrt was examining the effect of an agreement entered into between the then native state of trivancore on the one hand and the indian aluminium companypany limited on the other for the supply of electrical energy for an industrial enterprise of the company for reduction of alumina into aluminium by a process of electrolysis in which electrical energy was itself a primary raw material. p 2 order is that extra high tension companysumers who are similarly placed as the appellant have been given undue preference as compared to the appellant in that while the tariff applicable to the appellant was increased as per ext. shri sanghi companytended that while the appellant was subjected to a steep revision in the tariffs other similarly circumstanced high tension companysumers were left unaffected. on 28.10.1966 the board in exercise of the powers under section 79 j of the act framed and promulgated what were called kerala state electricity board general tariffs regulations 1966 by which inter alia power was reserved to the board to amend from time to time the terms and companyditions of supply after issue of the prescribed numberice to the companysumer of the boards intention so to do in that behalf. in the erstwhile state of trivancore number part of kerala. 49 1 of the electricity supply act 1948 act . in exercise of the power so reserved to it the board issued a numberification dated 16.7.1968 exhibit p/2 which provided in accordance with the provisions companytained in clause 11 of the kerala state electricity board general tariffs regulations issued in kerala gazette number 47 dated 29.11.1966 it is hereby numberified that the rates for the supply of 4200 w. of power at 66 k.v. number only indian aluminium companypany limited but also companies like travancore companyhin chemicals limited premier tyres limited companyinco binani zinc limited travancore rayons limited etc. subsequently the state merged in and became part of the kerala state and the electricity board was companystituted for the state. p 2 there was numbersimilar upward revision in the case of the other extra high tension companysumers who are referred to in paragraph 11 of the companynter affidavit of the 1st respo ndent. the 1st respondent as for as i am awarehad number increased tariff rates in the case of other extra high tension companysumers similarly placed as the appellants who are referred to in paragraph 11 of the companynter affidavit of the 1st respondent in july 1968 by virtue of its powers under ext. availed by them as per the agreement dated 21.10.1948 executed with the erstwhile travancore government is hereby revised to rs. the enhancement was to take effect from 16.8.1968.
the period to which the challenge pertains is between 16.8.1968 and 1.1.1970.
the appellant assailed this enhancement before the high court on grounds inter alia that the terms for the supply of electricity to appellants industrial unit manufacturing fertilizers were governed by an agreement dated 21.10.48 entered into with the erstwhile trivancore state that the agreement in terms of section 60 of the act should be deemed to have been entered into by the board referable to statutory powers under section 49 3 of the act that during the subsistence of the agreement the rates fixed therein were immune from any unilateral upward revision even if the purported enhancement was pursuant to the statutory regulations under section 49 2 and that at all events the enhancement being selective and discriminatory was violative of article 14 of the companystitution. the terms of this principal agreement were varied and modified by two supplimental agreements the first dated 16.8.1955 and the second dated 4.4.1963.
two other agreements were also entered into between the parties on 30.3.1963 and 18.9.1965 respectively for supply of additional electricity. per annum. the principal companytroversy in this appeal is whether the agreement dated 21.10.1948 companyld be said to be one within the companytemplation of section 49 3 of the act and whether the enhancement of the tariff under exhibit p 2 was impermissible. per year. p 2 the effect of ext. p 3 by numberification like ext. the averment that the appellant companypany and the indian aluminium companypany limited are number similarly situated is made without any basis for at any rate for the purpose of article 14 it cannumber be denied that they are comparable companycerns. shri sanghi relied upon the case of messrs indian metal ferro alloys limited v. state of orissa air 1987 sc 1727 where a further purported classification in the matter of the benefit of clubbing of the allotments of electricity based on companysiderations which were number recognised for purposes of the statutory classification of the companysumers was held impermissible. regulation 11 provided the board may amend the terms and companyditions of supply from time to time provided that any amendment having the effect of enhancement of charges payable by the companysumer shall companye into force from such date as numberified in the gazette provided that there shall be at least 30 days between the date of publication and companying into force. to messrs f.a.c.t. certain rates were agreed upon for a period of 24 years from 1.7.1941 with a franchise to the company for renewal of the agreement for a further period of 20 years. 200 per v.a. learned companynsel also companytended that under regulation 6 of ext. have been given the benefit of the companytractual rates and the existing companytracts with those companypanies have number been superseded till 1.1.1970 when uniform rate is prescribed for all. the judgment of the companyrt was delivered by venkatachaliah j. this appeal by special leave is by messrs fertilizers chemicals travancore limited and is directed against the judgment and order dated 13.6.1973 of the division bench of the kerala high companyrt in writ appeal number 103 of 1971 affirming the order dated 26.11.1970 of the learned single judge in o.p. we may refer briefly to the factual antecedents appellant is a companypany registered under the companypanies act with its registered office at eloor udyogamandal p.o. this revision will take effect 30 days soon after the publication of this numberification in the gazette. civil appellate jurisdiction civil appeal number 880 n of 1974.
from the judgment and order dated 13.6.1973 of the kerala high companyrt in writ appeal number 103 of 1971.
l. sanghi v.c. again in the reply affidavit dated 16.3.1973 the appellant said with respect to the averment in paragraph 3 i submit that the petitioner has been discriminated. s. potti k.m.k. mathur and a.m. dittia for the appellant. nair and ms.
malini poduval for the respondents. appellant has companye up by special leave. | 0 | dev | 1988_186.txt |
The appellant was a Mukhtear, practising at Sitamarhi. The appellant admitted having attested, in the loan applications of the two individuals companycerned, but he stated that he did so, on the assurance of one Sheojee Prasad Karpardaj. It may be stated that this Sheojee Prasad Karpardaj was also charge sheeted, but he has been discharged, even by the companymittal Court. For the relief and rehabilitation, of people who had suffer ed, in 1954, by the heavy floods in Sitamarhi Sub Division, the Government of Bihar was granting loans to needy and suitable persons, under the Agriculturists Loan Act, 1884. This explanation has been accepted, by the trial Court and Devendra Prasad was acquitted. But, when the State appeal, against acquittal, was pending in the High Court, Devendra Prasad died. The amounts were drawn, in the usual companyrse, from the treasury, by the said two persons and, ultimately, it came to light that the two persons were fictitious persons, got up by the several accused. P. Singh and K. M. K. Nair, for the respondent. P. Singh and D. N. Misra, for the appellant. 47 of 1966. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 23 of 1962. Appeal by special leave from the judgment and order dated September 6, 1965 of the Patna High Court in Government Appeal No. | 1 | train | 1968_134.txt |
13 were pressing the Government to approve and publish the list. The Government however, did number approve any of the other names in the lists. The matter pertains to approval and publication of the select list of District Munsifs prepared by the Jammu and Kashmir Public Service Commission. one companytaining twenty candidates, the other companytaining three scheduled castes candidates and a waiting list of ten candidates. It is open to the government to examine the select list carefully and to reach its own companyclusion regarding the suitability and merits of the candidates and publish the names of only those candidates who are found suitable. Meanwhile, a writ petition had been tiled in the High Court for a direction to the Government to approve and publish the list recommended by the public Service companymission. The government, in turn, requested the public service companymission on December 27, 1985 to select twenty candidates. evidently in view of the very same reasons for which they were disinclined initially to approve the said lists. In the circumstances, the government approved, on December 23, 1986.
tile names of thirteen persons out of the list recommended by the public service companymission and Published the same. At that stage, the High Court requested the government with a companyy forwarded to the public service companymission to select twenty candidates in the place of ten. While approving the list, the Division Bench held, the State Government cannot alter or temper with the order of merit determined by the companymission but it is certainly open to the government to stop at a particular point where it feels that a particular candidate is number meritorious and number to approve the remaining list. On March 11, 1986 the Public Service Commission sent three select lists,. The High Court was also addressing the government from time to time to approve the list in view of certain vacancies arising since the appointment of the thirteen Munsifs aforementioned. The select list sent by the companymission was kept pending without being approved as required by Rule 39 of the Jammu and Kashmir Civil Service,, .Judicial Recruitment Rules, 1967. 1984 the High companyrt intimated the Government of ten vacancies in the category of munsifs and requested the Government to initiate appropriate steps for selection of candidates. On December 30, 1986.
the Advocate General for the State stated before the companyrt that the Government has already approved thirteen entries and that the question of approval of the remaining, persons in the list was under the active companysideration of the Government. The government appears to have been satisfied prima facie with some of those companyplaints and was toying with the idea of scrapping the entire list and asking for a fresh selection. The government wrote to the public service companymission and the latter issued the numberification and put the process in motion. Since the appeals preferred by the candidates at serial No. In particular, the High Court said, there was urgent need for at least thirteen Munsifs. From the Judgment and Order dated 30.6.1992 and 2.9.1992 of the Jammu and Kashmir High Court in L.P.A. 12608/92 and 16418/92. The appeals are directed against the judgment of the Division Bench of the Jammu and Kashmir High Court allowing a special appeal preferred by the State of Jammu and Kashmir against the judgement of the learned Single Judge. Meanwhile, the High Court had been pressing for approval of the names in view of a number of vacancies and the companysequent accumulation of work. Since numberfurther names were being approved by the Government, the writ petition, from which these appeals arise, was filed on September 14, 1988. 173031/1993. No 161/90. 1352/88. Baig. They were appointed on December 30, 1986. Rajendra Mal Tatia, Indra Makwana and K. K. Gupta for Suresh A. Shroff Co. for the Appellants. This was done on December 10, 1985. D. Thakur, M.H. R. Reddy, Addl. Written test was held in the year 1985.
viva voce was also held. Many of them may even become age barred meanwhile, he submitted. The Judgment of the Court was delivered by P. JEEVAN REDDY, J. Recording the said statement, the writ petition was dismissed as settled. Solicitor General and Ashok Mathur for the Respondents. On May, 28. and W. P. No. Leave granted in S.L.Ps. Number of companyrts were without presiding officers. The learned Single Judge had allowed the writ petition filed by the appellants herein. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. Heard companynsel for the parties. | 0 | train | 1993_258.txt |
The families of the deceased and accused No.1 negotiated for marriage and engagement ceremony was held on 18.8.2006. Bhimavaram on 26.3.2006 as against the respondents herein. The first information report was lodged under Section 306 of the I.P.C. It also appears that the deceased and accused No.1 were in companystant touch with each other. The deceased companymitted suicide by jumping from a running train on 26/3/2006. Relying on or on the basis of the suicide numbere, a first information report, as numbericed hereinbefore, was lodged on 26.3.2006. After the betrothal ceremony was over, the accused No.1 obtained an employment in a factory. 4 5 who were arrayed as accused Nos.4 5 in the said first information report, are companycerned. The appellant is the first informant who lodged the first information report before the Sub Inspector of Police, P.S. Respondent No.5 Chinta Suribabu is a Sub Inspector of Police of Annavaram Police Station, situate in East Godavari District. They are as under The deceased was a student of M.B.A She had done her post graduation. All the accused filed an application before the High Court for quashing of the said first information report on or about 8.6.2006. The said first information report is based on three suicidal numberes written by Sujatha the deceased one to the police department and public, second to the her near relatives and third to accused No.1 who was her would be husband. Respondent No.4 Nekkanti Ravindra Kumar is a teacher in a village Chinamallam in the West Godavari District. Accused No.1 at the relevant time was number employed. and Section 3/4 of the Dowry Prohibition Act. The marriage was to take place on 3.2.2006. Allegedly, the demand for dowry was increased. 30,000/ was returned and the rest of the dowry amount was promised to be returned by the end of March, 2006. The prosecution against A 4 and A 5 for the offence under Section 306 and Sections 3 and 4 and of the Act is quashed. 4 5 only. Some land was also registered by the appellant in favour of the deceased as demanded by the respondents herein. For the purpose of disposal of this appeal, we would only take numbere of certain basic facts. By reason of the impugned judgment the said application has been allowed so far as respondent Nos. There are six respondents in this appeal but numberice was issued to respondent Nos. However, the prosecution against A 1 to A 3 shall companytinue. The impugned order is number a speaking one. Leave granted. | 1 | train | 2009_1165.txt |
Nallakumar wiped out the blood on the person of Prakash, Rajakumar and Gurumurthy. The appellants gave Gurumurthy, Rajakumar, Nallakumar, Prakash and Purushotham severe beating. Unable to withstand the same Gurumurthy and Rajakumar lost their companysciousness and companylapsed in the Police Station. His evidence further proves that Nallakumar wiped out the blood on the body of Prakash, Rajakumar and Gurumurthy and that Gurumurthy was number given even water after he had fallen down. Therefore, criminal cases were registered against Gurumurthy, Rajakumar, Nallakumar, Prakash and Purushotham at Doddapet Police Station, Shimoga City. They apprehended and brought Gurumurthy and others to the Police Station. The statement also makes clear that the banians of Prakash, Gurumurthy and Rajakumar were torn. 1 to 7 produced Gurumurthy and Rajakumar, who were accused in Crime Nos. The evidence of this witness indicates that though initially he was hesitant in admitting the assault upon the deceased Gurumurthy and Rajakumar and injured Nallakumar and Prakash in his presence, he, in terms, admitted in his cross examination that he was taken into lock up and assaulted and Gurumurthy, Rajakumar, Nallakumar and Prakash were with him in the same lock up. 8, who was discharging duties at the Doddapet Police Station, was visiting Jayanagar Police Station and beating him enquiring about Gurumurthy and Rajakumar, who were absconding. 1 had pushed Rajakumar in the lock up room but Rajakumar had fallen with face down and was bleeding from the injuries on his body. When Gurumurthy was in the lock up, he was asking for water. According to him Gurumurthy was handcuffed whereas Rajakumar was tied to third pillar in the similar way. Nallakumar, Prakash and Gurumurthy, Raja Kumar and myself were put in lock up and were assaulted. What is stated by the witness is that the appellants were beating Prakash, Rajakumar and Gurumurthy with lotties and tyre pieces and that the injured were bleeding. His evidence further shows that the police had number arrested and brought Prakash, Rajakumar and Gurumurthy on January 13, 1988 at about 4.20 A.M. along with three students to the Doddapet Police Station, Shimoga. to watch, the witness made following statement The Police assaulted myself and four others, i.e., Prakash, Rajakumar, Gurumurthy and Nallakumar. As I was in the Hospital, I do number know whether there was galata in the City on the day when Gurumurthy and Rajakumar died. The witness has mentioned that the appellants had put the dead body of Gurumurthy along side that place and untied Prakash and Rajakumar also. Gann Hospital, Shimoga as he had received injuries due to police assault in Doddapet Police Station. It is number true to say that Prakash, Nallakumar and Rajakumar were also taken out of the lock up in Police van, and that I was in Kote Police Lock up and that the Police brought the dead body of Rajakumara, and Nallakumara and Prakash to the Kote P.S. When the news of death of Gurumurthy and Rajakumar at the hands of the police spread, a public disturbance near the hospital took place. Gurumurthy was companypletely exhausted and tired and fell down. According to him, after untying Rajakumar and Prakash from the stone pillars, they were pushed into the lock up room. This witness has mentioned in his testimony that he was kept in the lock up of Doddapet Police Station roughly for six days and that one day when he had waken up early in the morning around 4.00 A.M. or 4.30 A.M., he had seen from the lock up that Gurumurthy, Prakash and Rajakumar were brought to the Police Station and Rajakumar and Prakash were separately tied to the stone pillars supporting verandah in front of the lock up room. The Banian on the person of Prakasha, Gurumurthy and Rajakumara were torn. In wee hours of January 12, 1988 a reliable information was received at the said Police Station that Gurumurthy, Rajakumar, Nallakumar, Prakash and Purushotham were taking shelter in a room at Sujatha Building, Tilak Nagar, Shimoga. The witness further stated that the appellants had brought fire and tried to burn the armpit, legs and other parts of the body of Gurumurthy but Gurumurthy had number responded at all. Though this witness denied the suggestion of the prosecution that Prakash, Gurumurthy and Rajakumar were tied to the three pillars of the verandah whereas the three students were made to sit in the room of S.I. It is further proved by his testimony that from that place he was shifted to Doddapet Police Station. of the same Police Station, rushed to the hospital and recorded statement of injured Prakash. According to the Medical Officer injured Prakash had narrated history of assault by eight police officials at Doddapet Police Station at 7.00 A.M. on January 13, 1988 and that he had recorded the same in the medical papers of the injured. Prakash and Nallakumar were also severely beaten and they received serious injuries. It is number true to say that 3 4 days after my arrest Nallakumar was brought and put in Doddapet Police Station lock up. Varadaraj returned to the Police Station. The suggestion by the prosecution that on January 13, 1988 at about 1.00 P.M. he was picked up with another pickpocketer and taken from Doddapet Police Station to Kote Police Station and that he was beaten in Kote Police Station from 3.30 or 4.00 P.M. in that Police Station and then taken to D.A.R. Diffuse companytusion back of left elbow. 1 to 7 and 9, were members of police force of the Doddapet Police Station at Shimoga City, Karnataka. Diffuse companytusion front of left elbow and left forearm. He also admitted that in Doddapet Police Station policemen assaulted him in the early morning of January 13, 1988 and he sustained injuries. Further it companyld number be explained by the appellants at all as to how deceased Gurumurthy had received burn injuries, when the deceased, according to the appellants, had fallen into drainage and sustained injuries. What is to be numbered is that this Medical Officer was number cross examined by the defence on the question of injuries sustained by Nallakumar, Prakash and Purushotham or history of assault recorded by him on the medical papers of the injured. Thus there is numbermanner of doubt that the High Court was justified in companycluding that Nallakumar, Prakash and Purushotham were injured at Doddapet Police Station during the midnight of January 12, 1988 extending upto early hours of January 13, 1988. Diffuse dark brown companytusion with an abrasion measuring x , at the left glutial region. The witness asserted that thereafter the appellants had companylected themselves and lifted the body of Gurumurthy and taken him to Charandi. The scrutiny of the evidence of this witness would show that he had closed down his business and gone to Gopi Circle to bring milk at Prithvi Sagar Milk Booth and while he was bringing milk, policemen from Jayanagar Police Station had approached him and after questioning about whereabouts of Gurumurthy, Rajakumar and Prakash he was taken to Jayanagar Police Station where Sub Inspector of Police, i.e., accused No. He further stated that he had seen Prakash being tied to one pillar with his hands tied backward and Gurumurthy was also tied to another pillar with his hands stretched behind around the pillar. Irregular dark brown companytusion back of left writst. 8/88 at Kote Police Station against the appellants Nos. A fair reading of the testimony of this witness makes it evident that the deceased Gurumurthy had also died a homicidal death. After mentioning that the age of the injuries sustained by the deceased Rajakumar were ranging from 24 hours to four days, the Medical Officer stated that the age of injuries were mentioned by him on the basis of companyour of the injuries. Dark brown companytusion front of left knee and lower third of left thigh. Dark brown companytusion outer and middle part of left arm. The facts emerging from the record of the case are as under On the night of December 31, 1987, a fight broke out between Gurumurthy, Rajakumar, Prakash, Nallakumar and Purushotham on one hand and some engineering students on the other, at a liquor bar, called Shilpa Bar, at Shimoga, where all were merrymaking to welcome the new year of 1988. 2/88 and 3/88 and when an attempt to apprehend the deceased near a park was made, they had tried to escape and in the process Gurumurthy had fallen in a mori a small open drainage while Rajakumar had fallen on a barbed wire and as such both of them had sustained injuries. According to the doctor the injured had narrated history as assault by ten police officials at Doddapet Police Station, Shimoga at 12.00 midnight on January 12, 1988 extending upto early hours of January 13, 1988 and that he had recorded the same in the medical papers of the injured. On the next day, i.e., on January 14, 1988, the Deputy Superintendent of Police visited the hospital and recorded the statement of injured Purushotham, Prakash and Nallakumar. It was further mentioned by them that as the companydition of Gurumurthy was number good, he was taken to the hospital, but had died on the way to the hospital. of Kote Police Station, to register a case against the appellants. It is highly improbable that the deceased Rajakumar would receive as many as 40 injuries while attempting to avoid arrest. So also it is number probable at all that the deceased Gurumurthy would receive as many as 24 injuries while trying to avoid his arrest. Diffuse irregular dark brown companytusion on back of right knee. Multiple irregular dark brown companytusion at the right shoulder and scapular region. Dark brown companytusion back of left shoulder, and trepious region. The assertion made by the witness in his cross examination that he was assaulted in Doddapet Police Station gets ample companyroboration from the medical evidence and, therefore, it would be safe to companyclude that this witness received injuries while in police custody. They caused injuries on all over our body. It is false to say that since the night of 31.12.1987 I was in the Police lock up Doddapet upto 13.01.1988. It is number in dispute that the deceased and the injured were brought to the Police Station on their two feet. On January 16, 1988 the Investigating Officer visited the Police Station at Doddapet and companyducted search in the presence of independent witnesses. His evidence further shows that he was detained till January 13, 1988 and that at Doddapet Police Station also the appellants had subjected him to merciless beating. 8 had checked as to whether Gurumurthy was dead and asked the appellants to remove his handcuff and untie from the stone pillar. The fact that the deceased and injured were arrested and brought to the Police Station is number in dispute. Diffuse multiple dark brown companytusion irregular right glutial region, upper part of the thigh. Dark brown irregular companytusion at the left scapular region, outer part of left chest and outer part of left lumber region. The witness mentioned that injured Nallakumar was treated as an indoor patient till January 21, 1988. On the next pillar I saw they had tied Prakash in the same way. On the basis of the companytents of the statement of injured Prakash, Crime No. A companytusion brownish companytusion of 3 x 1 size present over the lateral aspect of upper third of left arm. The deceased were in the custody of the appellants, who were police officials. According to the Medical officer the death was due to shock as a result of multiple injuries and all the injuries were ante mortem. 8 was the Head Constable and was present in the Police Station. The testimony of this witness further shows that on the same day at 5.00 M., he had examined injured Prakash. They sustained bleeding injury. It was further mentioned by the doctor that injuries Nos. A brownish companytusion of 3 x 1 size over the lateral aspect of left elbow joint present. According to the Medical Officer, the cause of death of the deceased was shock as a result of the multiple injuries sustained by him. The Medical Officer has further stated that on examination of the injured Prakash he had found following injuries on his person Multiple crusted abrasions of varying sizes and shapes present over the extremities. Multiple distinct brownish black companytusion over the dorsum of left hand and wrist. When the deceased, who were brought to the Police Station, were alive and were produced dead before the Medical officer, it is for the appellants to explain as to in which circumstances they had died. During cross examination the witness explained that except injury No. On reappraisal of the evidence of the Medical Officer this Court finds that the Sessions Court and the High Court were justified in companycluding that the deceased Rajakumar had died a homicidal death. Multiple brownish black obliquely placed companytusion 5 x 2 present over the posterior aspect of left thigh. The doctor explained that the age of injuries Nos. Diffuse dark brown companytusion lower part of right chest right lumber region, at the outer and lower aspect. The doctor further mentioned in his testimony that at 5.15 P.M. on the same day, he had examined injured Purushotham. His evidence would further show that though he was illegally detained in Jayanagar Police Station, Sub Inspector of Police Gangadharappa, i.e., original accused No. According to the doctor the Post Mortem examination had revealed following injuries Dark brown companytusion 1 below the right angle of the mouth measuring x .
Contusion front and middle of right leg x ,. 9, he tried to get medical help in the Police Station but numberprivate doctor was available and, therefore, he companyld number secure medical help for those injured accused. According to the Medical Officer the injured had mentioned history of assault by the police with rubber, rod and lottis on December 31, 1987 at 1.00 P.M. at Gopi Circle, Shimoga and that he had recorded the same on the medical papers. Nallakumar PW 20 is one of the persons, who, according to the prosecution, was apprehended by police officials of Jayanagar Police Station on the night of December 31, 1987 from near Gopi Circle in relation to the incident, which had taken place at Shilpa Bar on the same night in the wee hours of the new year of 1988. Mahipal, examined as PW 1, further shows that at 4.45 P.M. on January 13, 1988 he had examined one Nallakumar, who was referred to him for treatment. During the time when they were in police custody they had expired. In cross examination also the Medical Officer maintained that the cause of death was shock as a result of multiple injuries. Before the doctor, who had examined him, this witness had narrated history of assault on him, which was numbered down by the doctor on his medical papers. An oblique brownish black companytusion of 3 x 3/4th of an inch over the left iliac crust present. Thereafter the sketch of the Police Station was got prepared through an engineer. I was taken to the Lock up and assaulted. The Medical Officer further explained that a single fall would number cause such injuries that were sustained by the deceased. A fair reading of the testimony of this witness makes it abundantly clear that the appellants had subjected the two deceased to severe beating because of which they had died in the police station. 15, all other injuries were companytusions and the injuries might have been caused about 48 hours prior to the companymencement of Post Mortem examination. Similarly, the prosecution had examined injured Purushotham to prove its case against the appellants. Multiple transverse brownish abrasions of 2 x 1 size present over the right buttock. Similarly, the testimony of Dr. Dodda Gowda PW 2 shows that on January 13, 1988 he had received a requisition from the Sub Divisional Magistrate, Shimoga to companyduct the Post Mortem on the dead body of deceased Gurumurthy and that on the same day he himself with Dr. Srinivasa had companyducted Post Mortem on the said dead body between 4.15 P.M. and 5.45 P.M. 1 to 7, who were Police Constables, rushed to the place. Left elbow and shoulder joints are swollen. Chest Wall Intact Pluscae intact Larynx Healthy, Right and left lungs Pale, Pericordium Intact. The testimony of the Medical Officers, who had performed autopsy on the dead bodies of the two deceased, would indicate that both the deceased were brought dead to the hospital. Many Police people were there at that time. Left elbow joint shows numberfracture of dislocation. After discussing the evidence of witnesses 1 Renukeshwara PW 6 , 2 Shivaraja PW 7 , 3 Krishna Murthy PW 9 , 4 Shantha Veeranaika PW 16 , 5 Panchaksharai PW 27 , 6 Harish PW 28 and 7 Chinnamma PW 11 the High Court has companye to the companyclusion that deceased Rajakumar was number in the police custody prior to January 12, 1988 and he was apprehended only in the night of January 12, 1988 or early morning of January 13, 1988. An area of 5 x 2 blackish burnt area over the left buttock present. In the cross examination by the prosecution, the witness admitted that on January 13, 1988 at about 4.30 or 5.00 P.M. he was examined by the doctor in Mc. The defence wanted to know from this witness as to whether the injuries found on the dead body of the deceased companyld have been caused simultaneously or at different intervals but the Medical officer replied that he was number in a position to say whether all the injuries were caused simultaneously. It is false to say that I was taken by the Police on the night of 31.12.1987 itself from my house. Multiple brownish companytusions, some circular some other are transversely linear of various sizes and shapes eight in number present over left scapular area and middle of the left lumbar area. On the same day, the Deputy Superintendent of Police directed Mr. Patil, who was then P.S.I. Lacerated wound appear third of left leg in front measuring x , with dark blood clots. Surrounding this injury a smokey area of 3 diameter present. Multiple brownish companytusions, 10 in numbers present over the right lumbar area. During his cross, the witness further stated that some of the external injuries were on the vital parts but had number damaged the vital parts. Gann Hospital but hastened to add by making a voluntary statement that he was taken from Mahatma Gandhi Park to the Police Station and thereafter he was assaulted. According to the doctor, the deceased had died because of irreversible shock. This brings the Court to companysider the question whether the prosecution has been successful in proving that the death of the two deceased and injuries on the injured were caused by the appellants. Multiple deep abrasion and burnt out areas obliquely placed six in number measuring 1, 1, 2, 2, 3, 3 along and each being wide present over the posterior aspect of left arm and left elbow. A transversely placed II Degree burnt out area of 3 x 2 present over the left knee joint. The testimony of the Medical Officer Dr. O.A. 2 was two days old and injury No. To the next stone pillar, I saw they had tied Rajakumara also in the same way. A close scrutiny of his evidence establishes that he was first apprehended by the policemen, i.e., by Lokesh, Ameer Jain, Basavaraja and Mahadevappa of Jayanagar Police Station and was kept in illegal custody. Two burnt out areas, one transversely placed 2 x and another longitivenely placed 2 x both present over the middle of the anterior aspect of left thigh. 14 of 1988. The Medical Officer further gave opinion that the injuries might have been caused by sticks like MOs 1 to 3 and death might have occurred 24 hours prior to the companymencement of the Post Mortem examination. diameter and , cm deep over the middle of front of left leg seen. The witness further stated that the injured were wearing only banian and knickers and he had companytinued to watch what was happening. Contusion at the outer part of left thigh upper half 3 x 1 and another measuring 4 x 1 two inches apart from each other. Multiple blackish burnt out marks of varying sizes from 1 cm to 7 cms long and each 1 cm. 1 and 4 was about one week whereas injury No. The injured witness Purushotham PW 5 did number support the prosecution and was companytradicted by the prosecution with reference to his earlier statement recorded under Section 161 of the Code of Criminal Procedure. 2/88 and 3/88 and on inquiry by him he was informed that they had received injuries due to fall and they wanted medical treatment. 1 to 7 stated that on January 13, 1988 at about 7.00 A.M. all of them had gone to apprehend the accused in Crime Nos. Heart Pale and empty, large vessels intact, Abdomen walls intact Peritoneum intact, Mouth and Pharynx and Exophagus Healthy, Stomach and its companytents Pale and empty, Small intestine and its companytents Pale and companytains semi digested food Large Intestine Pale distended with gas and fecol matter Liver Pale Spleen Pale. At that time he numbericed two cars parked in the companypound of the Police Station and found three service lottis kept below the cars. As numbericed earlier, the appellants in their further statements stated that both the deceased had sustained injuries when they had made attempt to flee when their arrest was attempted to be effected. A transversely placed U shape burnt out mark over the back of left forearm present. What is important to be numbericed is that it was further stated by him in cross examination that the said injuries companyld number have been caused simultaneously. His evidence further shows that on dissection following internal injuries were numbericed by him Skull and Vertebra and Membranes were intact. It was explained by him that individually the injuries were simple, but companylectively they companyld cause the death of an individual. However, this witness did number support the prosecution case. The appellants, who were original accused Nos. Four transverse blackish linear burnt out marks 3 x 1/8th of an inch each present over the right buttock. I was number tied down. Here in this case the Court finds that the admissions made by this witness in cross examination by the prosecution are fully supported by medical evidence on record. Diffuse tender swelling of both upper extremities and both knee joints present. He also made necessary arrangements for sending the dead bodies of the deceased for Post Mortem examination. He prepared a spot mahazar and submitted the FIR to his superior officer Mr. Mahadev Naik, who was then Deputy Superintendent of Police. It is to be numbered that the appellants were charged for causing custodial death of the two deceased and injuring the three injured. Multiple transverse blackish companytusions with their margins half M. wide, centre being clear present over the front of chest and abdomen. On companying to know about this incident, Varadaraj, who was another P.S.I. Therefore, they were also taken to the hospital. According to him, the appellant No. Thus the appellants pleaded a false defence which reinforces the circumstances showing the deceased had died due to cruel thrashing given by the appellants and they had injured three witnesses. Left ankle joint shows presence of sub cutaneous blood clots about 100 cc. The doctor further opined that clotting of blood found in the joints as per a to e would be due to the assault by the sticks like MOs 1 to 3 whereas the burn injuries that were found on the dead body companyld be caused by any heated substance like metal or rubber tyre. Right elbow joint companytains blood clots about 100 cc. 455 of 1995, by which judgment dated July 28, 1995, passed by the learned Additional Sessions Judge, Shimoga, in Sessions Case No. The Medical Officer is companypletely companyroborated by the companytents of Post Mortem report produced on the record of the case as Exh. Normally, the rule of appreciation of evidence of a hostile witness is that the same should number be companysidered in support of the prosecution case. 1 to 4 were simple in nature caused due to external violence with hard and blunt objects and that the injuries might have been caused by the sticks like MOs 1 to 3. Brain Pale, Spinal Cord number opened. Kidney Pale, Bladder companytains 4 ounce of clear urine, Organs of Generation Healthy. However, it is a well settled principle that evidence of a hostile witness can be taken into companysideration for the purpose of determining whether prosecution case is proved or number, if the same is companyroborated by reliable independent witness. After recording the same, P.S.I. None of us was tied. According to the original accused No. Mr. Mahadev Naik also took part in the investigation of the case and mobilized the police force for maintaining public peace, as there was an apprehension of disturbance of public order. of blood, numberfracture of dislocation observed. On appreciation of evidence as also the defence theory, the trial companyrt found that the appellants were guilty of the offences under Sections 143, 148, 326 read with Section 149 IPC, Section 201 read with Section 149 IPC, Section 218 read with Section 149 IPC and Section 302 read with Section 149 IPC on two companynts. Bannurmath, JJ. His evidence proves that he was subjected to merciless beating by the above mentioned policemen at the instigation of Basavaraju and Deffedar Muddappa. 3 might have been caused within 24 hours. I cannot say whether the accused were also there. In view of the salutary provisions of Section 106 of the Evidence Act, 1872, it was for the appellants to offer explanation regarding the death of the two deceased. It is number true to say that his feet were burnt. In order to establish the guilt of the accused, the prosecution examined in all 45 witnesses and got marked 106 documents as well as produced MOs 1 to 6. The evidence in this case can be divided into two parts 1 direct evidence relating to the incident and 2 circumstantial evidence. 8 was companycerned, he was found guilty of the offences under Section 201 read with Section 511 IPC and Section 218 read with Section 511 IPC, but number guilty of other offences. The original accused No. Inspector has recorded my statement. Unit, was denied by him. He was taken alone to the hospital. 8 and 9 had also played role in the incident and, therefore, they were arrayed as accused in the case and were charged along with the appellants Nos. 455 of 1995 whereas the original accused No. But doctor on duty declared them dead on arrival. Later on it was revealed that original accused Nos. As all the accused denied the charges and claimed to be tried, they were tried in Sessions Case No. On the basis of said FIR, P.S.I. In the further statements the appellants denied in general the prosecution case. Saldanha was of the opinion that the prosecution had failed to prove its case against the appellants beyond reasonable doubt and, therefore, they were entitled to acquittal. Insofar as original accused No. Those three persons were wearing only Banian, west and kacha panties . 1 to 7. The appellants Nos. the appellants Nos. 1 to 7 for companymission of offences punishable under Sections 302, 324 read with Section 34 IPC. It was further stated by him that he was taken to Mc. On companymittal of the case, the learned Sessions Judge framed charges against the appellants Nos. 1 to 7 and arrested them. After obtaining necessary reports including the Post Mortem reports, the Forensic Science Laboratory report, etc. 9 in his further statement mentioned that while he was S.H.O. At the relevant time, the appellant No. The students lodged a companyplaint of assault on them. 456 of 1995 before the High Court of Karnataka, Bangalore. However in answer to the last question, the appellants Nos. The whole of the right upper limb is diffusely swollen. The incriminating circumstances appearing against the appellants were explained to them by the learned Judge and their further statements were recorded as required by Section 313 of Code of Criminal Procedure, 1973. He recorded statements of those persons who were found to be companyversant with the facts of the case. After hearing the appellants on the question of sentence, the learned Judge imposed sentence of life imprisonment on the appellants for companymission of offences under Section 302 read with Section 149 IPC and also other punishments for companymission of other offences. 14/88 was registered against the appellants Nos. 1. Varadaraj companymenced the investigation. On preponderance of probabilities, it is difficult to agree with the defence pleaded by the appellants. The challenge in this appeal by special leave is to judgment dated November 14, 2002, rendered by the Division Bench of High Court of Karnataka, Bangalore, in Criminal Appeal No. The appellants thereafter took both of them to the hospital at different times. Saldanha and S.R. Thus by ocular version the prosecution has proved its case against the appellants beyond reasonable doubt. Mr. Justice M.F. Therefore, it was within the special knowledge of the appellants as to how they had expired. Accordingly Mr. Patil also registered a case as Crime No. Tips of all the fingers are smokey. A punctured wound of cm. Feeling aggrieved, the appellants filed Criminal Appeal No. What was mentioned by him was that thereafter he was number knowing as to what happened in the incident. 2010 3 SCR 883 The Judgment of the Court was delivered by M. PANCHAL, J. charge sheet was filed initially against appellants Nos. The matters were placed for hearing before the Division Bench companyprising M.F. He was number given water after he fell down. The judgment delivered by the Division Bench of the High Court has followed the opinion expressed by the learned third Judge, giving rise to the instant appeal. He was given water. The opinion rendered by the third learned Judge of the High Court was laid before the Division Bench of the High Court. Other incriminating articles were also seized. The same were seized under a mahazar. This Court has also companysidered the record summoned from the Trial Court. 8 was standing. 8 filed Criminal Appeal No. The C.O.D. This Court has heard the learned companynsel for the parties at length and in great detail. | 0 | train | 2009_1466.txt |
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