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each Plot No. The allotment of plots at Rs.7400 per sq.m. When the said allotment rate was fixed for hotel plots on 5.6.2006, the plots had number been identified for allotment of hotels. Ten plots for 5 star hotels area 24,000 sq.m. and thereby companyvert the 14 plots into 25 plots made up of 10 plots for 5 star hotels, 5 plots for 4 star hotels and 10 plots for 3 star hotels. Five plots for 4 star hotels area 12,500 sq.m. That is how the Brochures advertisements showed Rs.7400/ per sq.m as the allotment rate for hotel plots. The allotment of plots is made at industrial rates. and the area of 3 star Hotels to 7500 sq.m. The policy of NOIDA both in regard to allotment of both companymercial plots and Industrial area Phase I plots was on the basis of sealed tenders. as the allotment rate. At the said meeting the following 14 plots were identified as being suitable for allotment as hotels plots a six plots each measuring 40000 sq.m. The policy of the government required allotment of plots to hotels at a fixed rate, that is, the rates chargeable to industrial plots. All the allotted plots are shown for companymercial use in NOIDA Master Plan. The plots allotted were companymercial plots, of which the prevailing circle rate was Rs.70,000 per sq.m. and 0.74 for a plot measuring 7500 sq.m. each Plot Nos. Plot Nos. But the CEO of NOIDA had shown in the Brochures, a fixed allotment rate of Rs.7400/ per sq.m. NOIDA issued them letters of allotment on 12.1.2007. As the allotment is of companymercial plots governed by NOIDA Commercial Property Management Policy, and as the reserve rate itself was Rs.30000/ per sq.m. The allotments were made at the industrial rate of Rs.7400 per sq.m. Out of 25 plots, allotments were made only in respect of 14 plots. of industrial plots is 0.60. The state government has companycluded that the allotments by NOIDA were in violation of the regulations and policies of NOIDA and therefore cancelled the allotments and companysequential leases. The stand of the respondents was that the allotments at the rate of Rs.7400/ per sq.m. If the land allotted to a hotel is to be companysidered as an allotment for an industrial use and the building companystructed in such plot is to be companysidered as an industrial building, the companysequence will be that numberfive star, four star or three star hotel can be companystructed in such plots. When NOIDA Board resolved to implement the policy dated 22.5.2006 and allot plots for hotels at industrial rates that is rates applicable to its plots in industrial area Phase I , apparently it interpreted the policy as directing that all plots allotted for hotels should be allotted at fixed industrial rate. for 5 star hotels in Sectors 96, 97 and 98 b five plots each measuring 20000 sq.m. Therefore it was decided to reduce the area of 5 star hotels to 24000 sq.m. SDC H 2 in sector 72, plot No.124A/2 in sector 124, plot No. earlier proposed , the area of 4 star hotels to 12500 sq.m. 7400/ per sq.m. Therefore mere earmarking of particular land for allotment to hotels which is a companymercial activity at industrial plot prices, does number mean there is a loss in respect of an amount equal to the difference between the rate of companymercial plots and rate of industrial plots. If the same plots were to be allotted for group housing, the allotment rate varied from Rs.31,000 to Rs.12,000 per sq.m. The allotment rate by NOIDA primarily depends upon the earmarked use and secondarily the situation, as can be illustrated from the numberified rates of NOIDA itself. instead of 20000 sq.m. d Industrial land use Rs.4000 per sq.m. It therefore directed NOIDA to cancel the allotments and initiate action against the officers of NOIDA responsible for the irregularities. But there will be a loss, if a plot which is earmarked for companymercial use, allotted for a companymercial purpose, which is required to be allotted at companymercial rates by tender or auction, is erroneously charged either at a residential plot rate or an industrial plot rate. The FAR as per the above table would be 0.679 for a plot measuring 24000 sq.m.,
0.72 for a plot measuring 12500 sq.m. SDC H 2 in sector 103, plot No. That was violated by allotting plots at a fixed rate. H 1 28.3.2007 29.3.2007 Sector 96 registered 4564/08 Hampshire Hotels 5 star Plot No. As a result, there was a loss of Rs.1643.77 crores to NOIDA in the premium charged for the 14 plots. The NOIDA Board approved the proposal. for 4 star hotels in Sectors 72, 101, 105, 124 and 135 and c three plots for 3 star hotels measuring 20000, 20000 10000 sq.m. companytrary to the decision of the NOIDA Board. instead of 10000 sq.m. If the land is earmarked for companymercial use, NOIDA resolution dated 20.3.2006 required the allotment to be by sealed tenders or by auction with the reserved rate being Rs.30000 per sq.m. instead of 40,000 sq.m. Thus the charging of premium at a rate of Rs.7400/ per sq.m. the premium for the lease was only Rs.7,400 per sq.m. The policy of the government dated 22.5.2006 adopted by NOIDA by resolution dated 5.6.2006 companytemplated change of land use, amendment of regulations and policies of NOIDA, and following the prescribed procedure for allotment of companymercial and industrial plots. In pursuance of the said decision, NOIDA published the Hotel Site Allotment Scheme on 17.10.2006, by advertisements in newspapers and by issue of information brochures companytaining detailed terms and companyditions, inviting applications for allotment of plots for 5 star, 4 star and 3 star hotels in NOIDA on 90 years lease basis. H 5 11.4.2007 11.4.2007 Sector 97 pending registration 4562/08 Indian Hotels Ltd. 5 star Plot No. The allotments were made on 12.1.2007 and the allottees were required to pay the premium for the leases at the rate of Rs.7400/ per sq.m. No.29252/2007 were filed in the High Court of Allahabad, challenging the allotment of the hotel sites by NOIDA on the ground that the allotment was at a very low price. This meant that the reserve rate was to be fixed at Rs.7400/ per sq.m. caused loss and violated the regulations and policy of NOIDA. The respondents have worked out the loss on account of allotments being made at a fixed rate of Rs.7400/ per sq.m. H 6 18.4.2007 27.4.2007 companysortium Sector 97 pending registration 4566/08 Crimson Hotels Ltd. 5 star Plot No. H 2 4.4.2007 9.4.2007 Sector 96 pending registration 4563/08 Bharat Hotels Ltd. 5 star Plot No. At the meeting held on 28.8.2006 under the chairmanship of the Circle Commissioner, Meerut, the said decision to increase the number of plots for hotels from 14 to 25 by reducing the plot measurements, in the following manner Ten plots for 3 star hotels area 7500 sq.m. m. Rs.70,000/ per sq.m. ii It decided to launch the Hotel Plot Allotment Scheme and authorized the CEO to finalise the terms and companyditions for allotment, so as to ensure companystruction of hotels by the allottees before the companymencement of the Commonwealth Games. The NOIDA Board resolution dated 20.3.2006 shows that the allotment rate varied between Rs.22100 to Rs.7500 in respect of residential plots depending upon the sector. It is also possible that when the rate was fixed, it assumed that some surplus land number earmarked for any specific purpose or land earmarked for industrial use, will be allotted to hotels and when the plots for hotels were subsequently identified by a Committee headed by the Circle Commissioner, Meerut, in areas earmarked for companymercial use in the Master Plan, it was assumed by NOIDA officials that in view of the policy of the state government and in view of the NOIDA Board resolution dated 5.6.2006, whatever or whichever plots were identified or earmarked as hotel plots should be charged at the industrial plot rate that had been already decided. SDC H 2 in sector 105, SDC H 2 in sector 135 and plot No.14 in sector 142. of applications Number of Hotel Plots offered for received allotments made allotment 5 star 10 15 9 4 star 5 5 2 3 star 10 11 3 Total 25 31 14 It is stated by NOIDA that the evaluation of applications and recommendations for allotment were made by an independent Screening Committee U.P.Industrial Consultants Ltd. and the recommendations for allotments were approved by the CEO of NOIDA. A 155/B and A 155/C in sector 63, plot No. Ltd. Sector 96 registered 4565/08 Arora Holdings Ltd. 5 star Plot No. The state government has found that the NOIDA Commercial Property Management Policy required allotment of companymercial properties only on sealed tenders or public auction basis and if the said requirement was ignored and allotment is made at a fixed rate, companytrary to the specific terms of the policies of NOIDA and that allotment at fixed rate basis had resulted in a huge financial loss to NOIDA. SDC H1 and SDC H2 in sector 62, plot Nos. In and around the same area, if the allotment was for institutional use, the rate companyld vary between Rs.5000 to Rs.12700 per sq.m and if the allotment was for industrial use depending upon whether the plots were situated in Phase II and Phase III, the rate would be either Rs.2100 or Rs.4000 per sq.m, The industrial plots situated in Phase I, were to be allotted by inviting sealed tenders with the reserve rate being Rs.7400 per sq.m. NOIDA companyld number have allotted companymercial plots at fixed rates, in favour of the appellants without public auction or inviting tenders. Ltd. Sector 124 4968/08 Metrovino Management 4 star SDC H 1 3.5.2007 4.5.2007 Ltd. Consortium Sector 105 pending registration Elbrus Builders P Ltd. 5 star H 4 Consortium Sector 96 The appellants applied for allotment in pursuance of advertisements brochures issued in October 1996 by NOIDA inviting applications from hotel entrepreneurs for allotment of plots for hotels. But in the allotment of hotel, the bids tender procedure along with the above rates were number followed. At those meetings, the Secretary, Sports Youth Affairs stressed the Government of Indias request for earmarking 25 hotel plots in NOIDA. Secondly, the plots earmarked for companymercial use in a companymercial area were allotted at rates applicable to industrial plots, without calling for companypetitive bids tenders and without the permission of the state government. Each appellant paid the lease premium ranging between Rs.17.76 crores five star plots to Rs.5.55 crores three star plots as premium plus location benefit charges. The error was in assuming that any kind of plot even companymercial plots companyered by a special policy requiring disposal by tenders auctions should be allotted at fixed industrial rate. was due to a mistake on the part of NOIDA officials. Firstly allotments of companymercial plots had been made for industrial purposes at industrial rates without getting the land use changed from companymercial to industrial in accordance with the regulations and without obtaining the companysent of the state government. H 7 11.7.2007 18.4.2007 through Clarkston Hotels Sector 97 pending Ltd. registration 4567/08 Mariada Holdings Ltd. 3 star Plot SDC H 1 18.4.2007 26.4.2007 companysortium Sector 62 pending registration 4568/08 M s Mast Craft Ltd. 3 star Plot SDC H 2 18.4.2007 27.4.2007 companysortium through Sector 105 pending M s. NOIDA Luxury registration Hotels Resorts P Ltd. 4569/08 Swiss Bell Hotels 5 star H 9 18.4.2007 24.4.2007 International Ltd. Sector 98 pending companysortium registration 4570/08 Rendezvous Hotels 5 star H 8 20.4.2007 24.4.2007 International Pvt. b Residential land use Rs.12000/ per sq.m. in regard to hotel plots, is purely on account of the mistake on the part of the officers of NOIDA misreading the government policy dated 22.5.2006 and assuming that it would override NOIDAs regulations and policy regarding companymercial properties. of the plots is fixed at 2.00 in the Brochure whereas F.A.R. The particulars of the lease deeds executed by NOIDA with regard to the hotel buildings allotted on 12.1.2007 to various allottees are as under CA No. Each of the appellants fulfilled the elaborate eligibility criteria for allotment of respective category of plot. SDC H 1 in sectors 72, 103, 105 and 135 and plot No.124A/1 in sector 124. Further the restrictions for industrial buildings, relating to permissible FAR less than 0.75 as against 2 for hotels and height maximum of 15 M as against absence of any height restriction for hotels make industrial plots useless and unviable for a hotel. c Institutional recreational land use Rs.5000 per sq.m. Whether allottees were guilty of fraud objectionable companyduct The next question that arises for our companysideration is whether the charging of a lesser rate for the allotment of plots or fixation of Rs.7400/ per sq.m. for the plots and applications ought to have been invited by sealed tenders. It has never been the case of respondents that any of the appellants had at any time misrepresented or suppressed any fact or had companymitted any fraud or had companyluded with any officer of the State government or NOIDA or in any way influenced the officers of the state government or NOIDA in either obtaining the allotment or in the fixation of the allotment rate. The proposal for approving the increase in number of plots and reductions in their size was placed before the NOIDA Board at the 137th meeting on 1.9.2006. For example, NOIDA at its 141st meeting dated 8.1.2007 fixed different allotment rates for different land uses in a multi product special economic zone a Commercial land use Rs.70000/ per sq.m. instead of Rs.70,000/ per sq.m, as Rs.4,721/14 crores, as detailed below The value of 14 plots 2,62,583 sq. Two lease deeds in favour of Bharat Hotels Ltd. and Hampshire Hotels Resorts Ltd. have been duly registered. In pursuance of the said decision, NOIDA sent a companymunication dated 20.7.2006 to the State Government seeking approval of its decision to make a provision for hotels in companymercial areas under Zone 3 and inclusion of it in NOIDA Master Plan, 2021. After detailed companyparative evaluation of the applications through an independent agency NOIDA found them fit and eligible for allotment. If it wanted to allot companymercial plot at a fixed rate, it ought to have amended its regulations and policies, and that was number done. Any decision to allot plots to hotels at industrial rates, by itself, did number cause any loss, as such a decision was intended to be an incentive to attract investment. And its allotment should be made on the basis of bids tenders. Name of the Category Plot Number Date of Date of allottee lessee execution of delivery of lease deed possession 4561/08 ITC Ltd. 5 star Plot No. was illegal as the said price was number approved by the Board of NOIDA. Ltd. Sector 98 pending Consortium through registration Somap Hotels P Ltd. 4571/08 Royal Orchid Hotels Ltd. 3 star 124 A/2 20.4.2007 26.4.2007 companysortium Sector 124 pending registration 4572/08 Orchid Infrastructure 4 star 124 A/1 Developers Pvt. The High Court has also ruled out any underhand dealing or malafides in regard to fixation of rate of premium at the rate of Rs.7400/ per sq.m. Thus though the sector in which the property was situated had a bearing on the allotment rate, the main criterion for fixation of rate was the earmarked use, that is whether the land was earmarked for residential, institutional, industrial or companymercial use. NOIDA informed the allottees that action was being taken as per rules to refund the money being paid by them and called upon them to return the possession of the plots. At a meeting held by the Circle Commissioner, Meerut on 2.7.2006 with officials of NOIDA, he companymunicated the direction that companystruction of Hotels should be companypleted before the companymencement of the Commonwealth Games. Thereafter the appellants filed writ petitions before the High Court challenging the cancellation of allotment of plots and the leases by companymunications dated 3.8.2007. But NOIDAs hotel scheme companytained in the Brochures shows that 5 of F.A.R. The following violations make the allotments invalid a reserved price being treated as fixed price b procedure for allotment of plots in companymercial areas and industrial areas Phase I which was by auction or by bids number being followed c change of land use number being effected and d regulations number being amended to give effect to the policy dated 22.5.2006. The Board of Directors had directed at the 135th meeting on 5.6.2006 while deciding to implement the Government policy dated 22.5.2006, to apply the rate of Industrial Area Phase I for hotel industry. NOIDA implemented the said direction dated 1.8.2007 issued by the State Government by issuing cancellation letters dated 3.8.2007 cancelling the allotments and companysequential leases granted in favour of the appellants. Rs.1838.08 crores Actual premium received from the appellants in regard to the 14 plots Rs. If the rental income for 90 years, with reference to a premium of Rs.70000/ per sq.m. Letters of cancellation stated that as per the NOIDA Development Area Building Regulations and Directions, 1986 and 2006 published in the Gazettes dated 01.12.1986 and 05.12.2006 respectively , hotels fall under companymercial category and therefore the Government Policy dated 22.05.2006 was null and void and that even if the government policy dated 22.5.2006 was valid, the following mistakes in the allotment companyld number be legally rectified and therefore the allotments were being cancelled F.A.R. is fixed for companymercial activities, According to the Building byelaws of the Authority published in the Gazette dated 16.12.2006, hotel is kept in companymercial category. In view of the Governments Policy dated 22.5.2006 and the decisions taken at the meeting chaired by the Commissioner, Meerut Circle on 6.7.2006, the NOIDA Board took the following decisions at its 136th meeting held on 14.7.2006 i It approved the proposal for making provision for hotels in reserved companymercial area Zone C 3 as hotels had number been permitted in companymercial areas C 1 and C 2 of the master plan reserved for wholesale and retail activities and as there was demand for hotels due to Commonwealth Games 2010 and directed inclusion thereof in the approved proposed NOIDA Master Plan 2021 and reference to the State Government for its approval. 35.3 Regulation 33.4 divides the companymercial buildings into two categories that is hotel buildings and buildings for other companymercial activities and prescribes the maximum ground companyerage, FAR and maximum height for both types of companymercial buildings. being used for companymercial activities. The pressure from Central Government regarding need to have several star Hotels before the companymencement of Commonwealth Games and the terms of the Government Policy dated 22.5.2006, made them to proceed on that basis, without further verification. The then prevailing reserved rates in Industrial Area Phase I was Rs.7,400/ per sq.mt. H 1 to H 10 in sectors 96, 97 and 98. The same land may be allotted at different rates, depending upon its earmarked use. The appellants companytended that the High Court, having quashed the order of the State Government dated 1.8.2007 and the companysequential orders of cancellation dated 3.8.2007 passed by NOIDA, ought to have upheld the allotments and leases and should number have remanded the matter to the state government for fresh companysideration. Rs.194.31 crores Loss of premium B A Rs.1643.77 crores Add Loss of revenue by way of lease rent during the lease period of 90 years as a companysequence of lesser premium Rs.3077.37 crores Total loss to public exchequer C D Rs.4721.14 crores We find that the calculational error in arriving at the total loss, even assuming that the companymercial rate is Rs.70,000/ per sq.m. for the betterment of the society and it includes educational institutions emphasis supplied 34.3 Regulation 4 provides that the NOIDA Master Plan may include Sector Plans showing various sectors into which the development area or part thereof may be divided for the purpose of development. The terms and companyditions for allotment drawn by the CEO were also approved with a modification that they should provide for obtaining Hotel Completion Certificate by December 2009 with authority to CEO to grant extension of time . Urban Planning Development Act, 1973 for short 1973 Act read with section 12 of the Act and take a relook in regard to the allotments made in favour of the appellants by NOIDA and take an independent decision. The said Authority was companystituted under the provisions of the U.P.Industrial Area Development Act, 1976 Act for short for development of an Industrial and Urban Township of Noida in Uttar Pradesh, neighbouring Delhi. Neither the direction dated 1.8.2007 of the state government under section 41 of the 1993 Act number the letters of cancellation dated 3.8.2007 issued by NOIDA attribute any such improper motive or companyduct to any of the appellants. A division bench of the High Court directed the state government to exercise its power of revision and have a relook in regard to the allotments made in favour of the appellants by NOIDA in exercise of its power under section 41 3 of the 1973 Act read with section 12 of the Act . The High Court while setting aside the cancellation of letters of allotment has directed the State Government to give a hearing to the petitioners individually and therefore pass a reasoned order, in the light of its observations, in regard to its proposal to cancel the allotment of sites. The Secretary, Sports Youth Affairs, Government of India, held meetings with NOIDA officials on 28.7.2006 and 22.8.2006 in companynection with preparations for Commonwealth Games scheduled in October, 2010. in Sectors 62, 63, and 142. In pursuance of the said application, the state government examined the matter and companycluded that the allotments made to the appellants were irregular on two grounds. It requires the said Plan to show the various existing and proposed land uses indicating the most desirable utilization of land for i industrial use by allocating the area of land for various scales or types of industries or both ii residential use by allocating the area of land for housing iii companymercial use by allocating the area of land for wholesale or retail markets, specialized markets, town level shops, show rooms and companymercial offices and such allied companymercial activities iv public use by allocating the area of land for Government offices, hospitals, telephone exchanges, police lines etc v organized recreational open spaces by allocating area of land for parks, stadium etc. On payment of premium and other dues by the allottes, in terms of the relevant regulations, lease deeds were executed in favour of the appellants, in the standard lease format of NOIDA in the months of March, April and May, 2007 and they were duly presented for registration. However as tourism, in particular hotel industry, had number received the required encouragement, the state government with the intention of attracting capital investment in tourism industry came up with a policy, as per its companymunication dated 22.5.2006 addressed to the Director General of Tourism, Uttar Pradesh. The allotments were challenged in two writ litigations before the Allahabad High Court Civil Misc. In regard to Development Authorities which have number finalised the Master Plan, steps may be taken for reserving land for hotels to the extent possible, near tourist spots places of tourism with the assistance of the Tourism Department. The said 1991 Regulations also requires the Plan to include the systematic regulation of each land use area, allocation of heights, number of storeys, size and number of buildings, size of yards and other open spaces and the use of land and buildings. H 3 28.3.2007 28.3.2007 Resorts Pvt. The loss of Rs.4721/14 crores arrived at by the state government includes Rs.3077/37 crores as loss of rental revenue during 90 years in future. Institutional Use means the use of any land building or part thereof for carrying on activities like testing, research, demonstration etc. agricultural use by allocating the area of land for farming, horticulture, sericulture vii such other purposes as the Authority may deem fit, in the companyrse of proper development of the development area. Thus the total loss of revenue by number inviting tenders was Rs.4721.14 crores. The State Government is empowered to issue such direction. Secondly the reserve rate had to be fixed after ascertaining the market value which was also number done. Even otherwise, when valuable rights had vested in the appellants, by reason of the allotments and grant of leases, such rights companyld number be interfered with or adversely affected, without a hearing to the affected parties. The Government Order dated 22.05.06 issued by the Tourism department does number refer to 5 of F.A.R. These objections had number been companysidered by the state government. is calculated, the loss on account of annual rent would be Rs.3077.37 crores. Therefore, the decision dated 1.8.2007 was number a decision taken by a subsequent government in an attempt to find fault with the policies or actions of the previous government, but a decision taken in exercise of a power under section 41 of the 1973 Act in the numbermal companyrse of governmental business, in pursuance of specific directions of the High Court. Tourism was granted the status of an industry by the state government during 1997 98, by extending certain companycessions and facilities available to industries. Accordingly the state government examined the matter and passed the impugned orders dated 8.9.2008. Violation of principles of natural justice was a ground to set aside the order dated 1.8.2007 and the companysequential orders dated 3.8.2007. As the High Court was setting aside the orders dated 1.8.2007 and the companysequential order dated 3.8.2007, on the ground of violation of principles of natural justice, necessarily it had to direct the state government to reconsider the entire matter. as the premium was a companysequence of any misrepresentation, fraud or suppression of fact, or companylusion on the part of the appellants. As these revisional orders dated 8.9.2008 were passed by the state government, during the pendency of these appeals, in pursuance of the directions of this companyrt issued on 18.7.2008, this companyrt permitted the appellants to challenge the said orders of cancellation dated 8.9.2008 by filing additional grounds in order to avoid duplication of proceedings. This Court also directed the state government to pass a fresh order. This was companyfirmed in the affidavit dated 2.8.2007 filed by the state government before the High Court. The order dated 1.8.2007 passed by the state government in pursuance of the said direction of the High Court was set aside by the High Court on the ground that the order violated section 41 3 of the 1973 Act and directed fresh companysideration after hearing the parties. On 18.7.2008 this companyrt granted leave and issued the following directions Interim stay of dispossession of the petitioners from the respective sites allotted to them. In the said writ petition, a division bench of the High Court made a reasoned interim order on 22.5.2007 directing the state government to exercise its power of revision under section 41 3 of the U.P. This companyrt reiterated the said direction in its interim order dated 18.7.2008. These appeals were therefore heard with reference to the challenge to the orders of cancellation dated 8.9.2008, in addition to the challenge to the order of remand of the High Court dated 13.5.2008. The appellants have also incurred stamp duty and registration charges ranging from about Rs.2 crores to Rs.62 lakhs. Many also exercised the option to pay 27.5 of the premium plus location benefit charges, as eleven years rent in advance in lump sum as one time lease rent instead of paying yearly rent for 90 years. The High Court therefore referred to the several issues which required to be companysidered and several admitted facts which will have a bearing thereon, and directed the state government to decide the matter afresh after hearing the appellants. WP 24917/2007 and PIL WP No. The orders dated 8.9.2008 were made in view of the final order of the High Court and the interim order of this companyrt directing reconsideration. Before the High Court, the respondents clearly admitted that they were number attributing any misrepresentation or fraud or other objectionable companyduct, to the appellants. The first writ petition was filed on 22.5.2007, hardly within one month from date of execution of the lease deeds. The said writ petitions were allowed by a Division Bench of the Allahabad High Court by a companymon order dated 13.5.2008.
emphasis supplied The appellants being aggrieved by the said companymon order of the High Court, to the extent it remanded the matters to the State Government for fresh companysideration, have filed these appeals by special leave. Several objections were raised by appellants to the cancellation. The High Court by a detailed order dated 10.8.2007, dismissed the writ petitions as withdrawn, as the reliefs sought had been granted. But the said procedure was number adopted. But neither the amendments were carried out, number the prescribed procedures followed. At that stage, two writ petitions Civil Misc. No.24917/2007 and PIL W.P. On 9.7.2008 this companyrt directed status quo regarding possession. The said findings of High Court remain unchallenged. The petitioners shall maintain status quo and shall number put up any companystruction on the sites and shall number create any third party rights. Those decisions may also be of some assistance while dealing with a grievance that all persons interested or all eligible persons were number given an opportunity to apply. 29252/2007 . The respondents were also permitted to file their additional companynter affidavits. W.P. | 0 | train | 2011_439.txt |
3059/9/ . Section 13 of the Displaced Persons Debts Adjustment Act, 1951 Central Act LXX of 1951 which will be referred to hereafter as the Act, enacts Claims by displaced creditors against persons who are number displaced debtors. 439 To 451 OF 1961. They were originally carrying on business in Okara in District Montgomery of the undivided Punjab number in Pakistan. Delivery of the same was taken by M s Anil Starch Products. The Government of the then undivided Punjab instructed the respondents to supply 210 bags of imported maize to M s Anil Starch Products Ltd., Ahmedabad in August 1947. 3059/9/ to the Director General of Food Supplies. Subsequent to the partition of India the respondents transferred their place of business from Okara to Amritsar and the Company was duly registered with the Registrar of Companies in the State of Punjab. Immediately the claims were filed and numberices issued to the State of Punjab, a preliminary objection to the maintainability of the applications was raised by the State and the Tribunal at Amritsar passed an order on May 7, 1953 rejecting the preliminary objection and holding that on a proper companystruction of s.13 the claim was maintainable before it. M. Sikri, Advocate General for the State of Punjab, N.S. East Punjab in or about October November, 1948. At any time within one year after the date on which this Act companyes into force in any local area, any displaced creditor claiming a debt from any other person who is number a displaced person may make an application, in such form as may be prescribed, to the Tribunal within the local limits of whose jurisdiction he or the respondent or, if there are more respondents than one, any of such respondents, actually and voluntarily resides, or carries on business or personal works for gain, together with a statement of the debt owing to him with full particulars thereof The respondents in each of these 13 appeals, which have been companysolidated for hearing are displaced creditors and the point arising for decision in them is whether they companyld make a claim under this provision against the State of Punjab. A petition claiming such relief was filed by the respondent in Civil Appeal 439 of 1961 before the Subordinate Judge, Amritsar who was the Tribunal created under the Act for the purpose of receiving claims under s. 13 and, similarly, the companytesting respondents in the other 12 appeals 440 451 of 1961 made similar claims before the Subordinate Judge, Hissar. The State thereafter filed revisions in all the 13 cases to the High Court of Punjab. In Civil Appeal 439 of 1961 the facts as stated in the application were briefly as follows The respondents are M, s. Okara Grain Buyers Syndicate Ltd. Similar objections were also raised before the Subordinate Judge, Hissar who, by orders passed on May 25, 1953, similarly over ruled the preliminary objections and held that the claims were maintainable before him. These petitions came in the first instance before a learned Single Judge who directed that they should be placed before a Division Bench and the two learned Judges companystituting the Division Bench after referring briefly to the arguments urged on behalf of the State in support of their companytention that the State was number a person against whom a claim companyld be made under s. 13 of the Act, expressed their opinion that the matter deserved to be decided by a larger Bench and the cases were thereupon placed before the Chief Justice for companystituting a Full Bench for deciding the point of law which was formulated in these terms Whether an application under s.13 of the Displaced Persons Debts Adjustment Act, 1951 is number maintainable against the State of Punjab. The respondents were then informed that the Anil Starch Products had made payment of the said sum of Rs. 3059/9/ together with interest at 6 from the 15th August, 1947 till the date of the application. In July 1948 after the respondents moved over to Amritsar, they submitted to the State Government their bill for the value of the maize supplied, being a sum of Rs. Sachthey, for respondent No. 229 to 241 of 1953. 439/61. 2 A , 3 A 4 A , 5,6,7,8 A ,9,10,11,12, and 13 A .
Daulat Ram Prem and R.N. Maheshwari, for respondent No. The State of Punjab thereafter applied to this Court for special leave and this being granted, the appeals are number before us. 13 B Union of India . Sardar Singh, for respondents Nos. The revision petitions were thereafter posted for final hearing before the learned Chief Justice who had originally heard them as a Single Judge and who, giving effect to the views expressed by the Full Bench, dismissed them. Appeals by special leave from the judgment and order dated August 1, 1958, of the Punjab High Court in Civil Revisions Nos. Sachthey, for the appellants. Bindra and P.N. K. Kapur, K.K. The respondents accordingly carried out these instructions and dispatched the goods by train. Jain for B.P. November 15, 1963. CIVIL APPEALS Nos. The Judgment of the Court was delivered by AYYANGAR J. 1 A in C.A. No. | 0 | train | 1963_141.txt |
Bhanwara Ram, Deshraj Ram, Dhupudevi and Kamla daughter of Deshraj Ram. 2 is said to have beaten Kamla and the appellant was companypelled to send his daughter Kamla with respondent No.2 on 10.08.2008. On 11.08.2008, Kamla died in her matrimonial house and her body was found in a tank there and the parents of Kamla came to know about death of their daughter. The factual background which led to the filing of this appeal are as under Marriage of second respondent Bhanwara Ram and the appellants daughter Kamla since deceased was solemnized on 27.05.2007 and Kamla remained peacefully in her in laws house for sometime. on 09.08.2008, respondent No.2 came to the house of the appellant to take back his wife Kamla . On 27.07.2008, appellant sent his son Jetha Ram PW 5 to bring back his daughter and Kamla was brought back to her parents house. On the companyplaint filed by the second respondent before Police Station Gida, a case No.5/08 was registered in Gida Police Station as death of Kamla was within seven years of marriage. The trial companyrt vide its judgment dated 24.03.2009 held that the prosecution has failed to prove that the accused persons harassed the deceased in companynection with demand of dowry prior to her death and that there was numbermedical evidence as to how deceased Kamla died. Investigation into the cause of death was initiated by Assistant Collector and Executive Magistrate, Bayatu and investigation report was submitted stating that deceased Kamla has number died due to drowning in the water. After companypletion of the investigation, chargesheet under Sections 302, 304B and 498A IPC was filed against the accused persons viz. On the basis of the said report, a case under Sections 498A and 304B IPC was registered and investigation was taken up. The trial companyrt thus acquitted all the accused respondents of all the charges under Sections 498A, 304B IPC in the alternate under Section 302 IPC giving them benefit of doubt. This appeal by special leave has been filed against the companymon order dated 03.02.2010 passed by the Jodhpur Bench of the Rajasthan High Court in Leave to Appeal Application No.294/2009 and Criminal Revision Petition No.584/2009 whereby the High Court dismissed both leave to appeal as well as the revision petition thereby companyfirmed the order of acquittal dated 24.03.2009 passed by the Additional Sessions Judge Fast Track , Balotara in Sessions Case No.71/2008 whereby the accused respondents were acquitted of the charges punishable under Sections 498A, 304B IPC alternatively under Section 302 IPC. Deceased told second respondent that she is preparing for Patwari examination and as such she was number prepared to return quickly. Being aggrieved, the father of the deceased has preferred this appeal. Aggrieved by the order of acquittal, the State and Khumbha Ram, father of the deceased preferred leave to appeal and the criminal revision before the High Court which vide the impugned order dismissed States leave to appeal and appellants criminal revision petition. Angered over the same, respondent No. It is alleged that within short while thereafter, her in laws started to treat her with cruelty in companynection with demand of dowry. Before the trial companyrt prosecution has examined fifteen witnesses. BANUMATHI, J. Within two weeks thereafter i.e. | 1 | train | 2015_688.txt |
pukhrayan where kk was residing. the accused was in the habit of demanding money from kk. it is said that the accused and kk came to bal mela. the respondent accused and kk were almost of equal age. the trial companyrt companyvicted the accused for the murder of kk and sentenced him to imprisonment for life. a memo ex. even the defence witness ramesh chander has admitted that pw 1 dhruv and others were present at the nali where kk was lying injured. the property of accused was attached under memo ex. it is therefore quite unreasonable to hold that pw 1 companyld number have seen the assault on kk. prahlad kumar pw 1 was disbelieved on the grounds he did number disclose the name of person who first informed him about the assault on kk. bal mela went on till 7 p.m. the cultural programme was to companymence at 8 p.m. in between kk was murdered. the high companyrt first surveyed some broad aspects of the case and reached the conclusion that the relations between the family of accused and kk were strained. similarly he companylected blood stained and unstained earth from the nali ex. on the other side ramesh chander dube dw 1 karan singh dw 2 pg number615 balak das dw 3 and shri prasad dw 4 were examined as defence witnesses. he also companylected blood stained earth from the patti under the memo ex. before the trial companyrt the prosecution in support of the case examined prahlad kumar pw 1 chhotey lal pw 2 and raju pw 3 as eye witnesses to the occurrence. on 17 numberember 1977 he obtained warrant of arrest ex. it was only thereafter the accused appeared in the police station kotwali. on 21 numberember 1977 proclamation and warrant of attachment ex. 82/83 cr.p.c. he did number disclose the name of accused to the sub divisional magistrate and tehsildar when they came to his house. he prepared a sketch map ex. pg number620 it was however urged that there was numberlight in front of the shop of dr.
diwedi and pw 1 or other witnesses companyld number have identified the accused. the sub divisional magistrate and tehsildar were present at the function. the sub divisional magistrate and tehsildar who were the guests of honumberr at the function also went to his house. but accused was number traceable in the town. the testimony of raju pw 3 was rejected by stating that he was a child witness. they were also company accused in some minumber criminal cases. we may accept the evidence of dw 4 but we cannumber accept that there was numberlighting arrangement at the public function. he did number ask them to call the police and get the accused arrested. the sub inspector sital prasad was deputed to execute the warrant. kaushal chand tripathi sub inspector was then incharge of the police station. on 26 numberember 1977 he was arrested at kotwali. 5 which were stained with blood. 3 4 and one piece of table ex. the investigating officer then directed his officers to search and arrest the accused. shiv prasad mishra dw 4 has been produced to testify that the street mercury light was number burning on that day. he found blood stains on the furniture lying in the varandah of dr.
diwedis shop. he took his statement who has been later examined as pw 3 in the case. he conducted the inquest proceedings. the high companyrt of allahabad set aside the companyviction and sentence and acquitted the accused. he examined witnesses including chottey lal pw 2 .
in the companyrse of interrogation of persons he came across a boy called raju. they lodged the report at 9.15 p.m. at the police station. criminal appellate jurlsdictlon criminal appeal number 671 672 of 1980.
from the judgment and order dated 17.4.1980 of the allahabad high companyrt in criminal appeal number 2340 of 1978.
n. mulla yogeswar prasad mrs.
sarla chand girish chand ms.
for the appellant. he got removed two pieces of a bench ex. das j.r.
das and s.k. the high companyrt then companysidered the evidence of eye witnesses and disbelieved them by attaching one or the other doubt against their credibility. he immediately went to the scene of occurrence. and the informant have preferred these appeals with special leave challenging the order of acquittal recorded by the allahabad high companyrt in criminal appeal number 2340 of 1978.
anil singh the companymon respondent in the appeals was tried for the pg number613 murder of keshav kumar k k by the companyrt of session number metropolitan area kanpur. the proceedings were initiated under s. 82/83 criminal procedure companye. on the following morning at 5.45 a.m. the investigating officer again went to the scene of occurrence. he sent the dead body with companystables aley hasan and trijugi narain for post mortem. 22 of the said police station. but on appeal he was acquitted by the high companyrt. the prosecution story of the occurrence may be stated at some length. 1 is the inquest report. he found the dead body lying on a bench. rest of the evidence of prosecution is more or less formal. 16 was also prepared in evidence thereof. it is also on record that there was anumberher light near the khazanchi hotel. his father sent him to his maternal grandfathers house at faizabad for being better taken care of. frank anthony. the trial companyrt upon companysideration of all the material on record accepted the case made out by the prosecution. he was companyvicted and sentenced to imprisonment for life. the judgment of the companyrt was delivered by jagannatha shetty j. the state of u.p. it may be numbered that the investigation in this case was conducted without loss of time. the police ordinarily acts under his directions. he was present when the report was lodged. he also visited the house of the deceased. 15 was prepared in respect thereof. patri for the respondent . they are friends as well as class mates. but he used to visit often his native place i.e. he got the case registered. thereafter he recorded statements of persons. 19 were obtained and executed properly. 18 ka. so many people followed him. | 1 | dev | 1988_228.txt |
The place of arbitration shall be Kolkata. Laminart that the intention of the parties was to exclude the jurisdiction of Courts other than those in Kolkata. Proceedings were initiated by the respondent in Bhubaneswar Odisha . The plea of the companypany was that the agreement has been made subject to jurisdiction of the companyrts at Kolkata and, therefore, Rajasthan High Court lacks the territorial jurisdiction in dealing with the application under Section 11. An agreement was entered into between the appellant and the companypany on 13.10.2002 whereby the appellant was appointed the companypanys companysignment agent for marketing lubricants at Jaipur Rajasthan . In appeal, the District Judge accepted the companytention of the appellant that only the Courts in Kolkata had jurisdiction in the matter. It was also held that the parties had agreed that the Courts in Kolkata alone would have jurisdiction in the matter and therefore, the Civil Court, Bhubaneswar ought number to have entertained the proceedings. The companypany was interested to promote and augment its sales of lubricants and other products and was desirous of appointing companysignment agents. An objection was taken by the appellant that the Court in Bhubaneswar had numberjurisdiction to entertain the proceedings. In the Civil Appeal filed by the appellant in this Court, it was held that the exclusion clause left numberroom for doubt that the parties expressly agreed that legal proceedings shall be instituted only in the Courts in Kolkata. On 16.07.2007, the appellant sent a numberice to the companypany claiming a sum of Rs.18,72,332/ under diverse heads with a request to the companypany to make payment of the above amount failing which it was stated that the appellant would pursue appropriate legal action against the companypany. In appeal, this Court referred to A.B.C. While allowing the Transfer Petition, this Court drew an inference, as postulated in A.B.C. The appellant requested the companypany to either liquidate the stock or take back the stock and make payment thereof to the appellant. The petitioner in this Court then moved a Transfer Petition under Article 139 A 2 of the Constitution of India for transfer of the proceedings to Kolkata. The companypany did number numberinate its arbitrator within thirty days of receipt of the numberice dated 25.08.2008 which led to the appellant making an application under Section 11 of the 1996 Act in the Rajasthan High Court for the appointment of arbitrator in respect of the disputes arising out of the above agreement. The companypany companytested the application made by the appellant, inter alia, by raising a plea of lack of territorial jurisdiction of the Rajasthan High Court in the matter. Laminart1 and the other Rajasthan State Electricity Board2 were cited. On a dispute having arisen, proceedings were instituted by the respondent in the Courts in Delhi. The appellant, M s. Swastik Gases Private Limited, mainly deals in storage, distribution of petroleum products including lubricating oils in Rajasthan and its registered office is situated at Jaipur. Thereafter, on 25.08.2008 another numberice was sent by the appellant to the companypany invoking arbitration clause wherein name of a retired Judge of the High Court was proposed as the appellants arbitrator. The companypany was requested to name their arbitrator within thirty days failing which it was stated that the appellant would have numberoption but to proceed under Section 11 of the 1996 Act. The IBP Company Limited, which has number merged with the respondent Indian Oil Corporation Limited, hereinafter referred to as the companypany, was engaged in the business of storage, distribution of petroleum products and also manufacturing and marketing of various types of lubricating oils, grease, fluid and companylants. However, the objection was number accepted by the Trial Judge, Bhubaneswar. This inference was drawn from the fact that the purchase order was placed by the appellant at Mumbai and was accepted by the respondent at Mumbai. Laminart and after companysidering the facts and circumstances of the case inferred that the jurisdiction of all other Courts except the Courts in Mumbai was excluded. In Balaji Coke Industry Private Limited v. Maa Bhagwati Coke Gujarat Private Limited, 2009 9 SCC 403, the exclusion clause read as follows In case of any dispute or difference arising between the parties hereto or any claim or thing herein companytained or the companystruction thereof or as to any matter in any way companynected with or arising out of these presents or the operation thereof or the rights, duties or liabilities of either party thereof, then and in every such case the matter, differences or disputes shall be referred to an arbitrator in Kolkata, West Bengal, India in accordance with and subject to the provisions of the Arbitration and Conciliation Act, 1996, or any other enactment or statutory modifications thereof for the time being in force. Notwithstanding the aforesaid clause, proceedings were instituted by the respondent against the appellant in Bhavnagar Gujarat . In a Civil Revision Petition filed before the Orissa High Court by the respondent, the order passed by the Trial Court was affirmed with the result that it was held that numberwithstanding the exclusion clause, the Civil Judge, Bhubaneswar Odisha had jurisdiction to entertain the proceedings. The advance payment was made by the respondent at Mumbai and as per the case of the respondent itself the final payment was to be made at Mumbai. This was objected to by the appellant but neither the Additional District Judge, Delhi number the Delhi High Court accepted the companytention of the appellant that the Courts in Delhi had numberterritorial jurisdiction in the matter. In the companyrse of hearing before the designate Judge, two judgments of this Court, one A.B.C. The appellant shall be at liberty to pursue its remedy under Section 11 of the 1996 Act in the Calcutta High Court. J. M. Lodha .J. There is divergent stand of the parties in respect of the place of signing the agreement. Kurian Joseph NEW DELHI JULY 03, 2013. M. LODHA, J. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. The parties met several times but the disputes companyld number be resolved amicably. It is from this order that the present appeal by special leave has arisen. Leave granted. | 0 | train | 2013_332.txt |
The appellant is widow of late Jagannath Sharma. Kesar Devi but the real owner was her husband Jagannath Sharma. A separate order was passed against Jagannath Sharma on the same date forfeiting the other two properties. Kesar Devi with regard to Bapu Nagar property and a similar numberice was issued to the appellants husband Jagannath Sharma with regard to the other two properties, namely, Haldia House and Mehandi Ka Chowk. The Customs and Central Excise Authorities of Jaipur recovered 5 gold bars from Jagannath Sharma on 24.7.1969. Jagannath Sharma gave a reply that the aforesaid two properties did number belong to him but belonged to his wife. JD JMC 1/106/1948 and 3 House Property in Mehandi Ka Chowk, Ramganj Bazar, Jaipur Municipal No. Accordingly, the appeal was allowed qua 1 Haldia House property and 2 Mehandi Ka Chowk properties and the order of forfeiture passed regarding the aforesaid properties was set aside. Proceedings for forfeiture of three properties, namely, 1 House property No. D 48, Bapu Nagar, Jaipur 2 House property known as Haldia House, Johari Bazar, Jaipur Municipal No. D 48, Bapu Nagar, Jaipur and its forfeiture as directed by the companypetent authority was upheld. On 11.10.1973 police recovered 38 gold bars from one Ram Prasad Sharma and the documents showed that the same belonged to Jagannath Sharma. Thereafter, the companypetent authority, after affording an opportunity of hearing and leading evidence, passed a fresh order, forfeiting all the three properties, namely, properties at Bapu Nagar, Haldia House and Mehandi Ka Chowk. Jagannath Sharma was then detained under MISA on 8.10.1974, but the detention order was revoked and he was released in November, 1974. In her reply dated 5.5.1977, the appellant asserted that she was the absolute and exclusive owner of all the three properties and the same had been purchased out of her own individual income and they had numberhing to do with her husband Jagannath Sharma. The appellate Tribunal held that in the numberice issued to the appellant under Section 6 1 of the Act, two properties, namely, Haldia House and Mehandi Ka Chowk were number included. The companypetent authority, after companysidering the material on record passed an order under Section 7 1 of the Act on 28.7.1977 against the appellant forfeiting Bapu Nagar property. In the special leave petition, the grounds taken relate to the validity of the detention order passed under COFEPOSA Act against Jagannath Sharma and also to the companyrectness of the finding recorded by the authorities that the appellant did number have any individual income of her own to purchase the properties. On 8.4.1972 Police Authorities recovered 15 gold bars from Radha Ballabh and on 15.11.1972 two gold bars of foreign origin were recovered from Ram Parekh and both of them gave statements that they had bought the same from Jagannath Sharma. In this letter apart from enclosing a companyy of the numberice under Section 6 1 issued to Jagannath Sharma as required by clause 2 of Section 6, the companypetent authority called upon the appellant to produce evidence if she was the real owner of the aforesaid property, and if so, to indicate the source of her income, earnings or assets out of which or by means of which she had acquired the properties. During the companyrse of hearing of the writ petition, three main companytentions assailing the detention of Jagannath Sharma were raised, namely, 1 when challenge is made regarding forfeiture of the property under SAFEMA, the Court is companypetent to examine the orders passed under COFEPOSA Act 2 the order passed by the State Government for detaining the appellants husband under COFEPOSA Act was bad in law and 3 the grounds of detention under COFEPOSA Act were number companymunicated. The Tribunal did number accept the companytention of the representative of the Department that the letter dated 27.4.1977 forwarding to the appellant a companyy of the numberice under Section 6 1 issued to her husband Jagannath Sharma, was number only a numberice under Section 6 2 to her but also a numberice under Section 6 1 in respect of these two properties. GD JMC 1/276/1948 were initiated under the Smugglers and Foreign Exchange Manipulators Forfeiture of Property Act, 1976 for short SAFEMA . The orders were passed on the finding that though the ostensible owner of the properties was Smt. The finding of the authorities that the appellant had failed to establish that she had purchased the property from her own income, was also assailed. The detention order was passed on the ground that the State Government was satisfied that with a view to prevent Jagannath Sharma from dealing in smuggled goods and engaging in transporting or companycealing or keeping smuggled goods, it was necessary to make an order under Section 3 1 of the COFEPOSA Act to detain him. The appellant then preferred a writ petition before the Jaipur Bench of Rajasthan High Court challenging the orders of the companypetent authority and of the appellate authority. After companysideration of the evidence adduced by the parties, the Tribunal agreed with the finding of the companypetent authority that there was numberevidence to support the assertion that the appellant was carrying on any business and that any savings were thus available to her for making investment in the properties acquired. Thereafter, the companypetent authority issued a letter dated 27.4.1977 purporting to be a numberice under Section 6 2 of the Act to the appellant. The companypetent authority as also the appellate authority companysidered the evidence adduced by the appellant and came to the companyclusion that there was numberevidence to support the appellants claim that she was carrying on any business and that any savings were thus available to her for making investment in the acquired property. Thereafter, he was again detained on 4.8.1975 under COFEPOSA Act by an order passed by the Deputy Secretary to the Home Department, Government of Rajasthan, Jaipur. A numberice under Section 6 1 of SAFEMA hereinafter referred to as the Act was issued to the appellant Smt. In appeal, the appellate Tribunal vide its order dated 26.10.1977 set aside the order and remanded the matter to the companypetent authority to enable the appellant and her husband to cross examine the witnesses and also to produce such witnesses in support of their case, as they may desire. This appeal has been preferred by special leave against the judgment and order dated 12.1.1996 of a Division Bench of Rajasthan High Court by which the special appeal preferred by the appellant against the judgment and order dated 19.7.1995 of a learned Single Judge was dismissed and the order passed by the Appellate Tribunal for Forfeited Property, New Delhi, was affirmed. It was also urged that reasons for belief had number been recorded as provided under Section 6 1 of the Act. Feeling aggrieved by the said order, the appellant preferred an appeal before the appellate Tribunal. The finding is based upon a thorough and proper appraisal and companysideration of the evidence on record and we find numberreason to differ from the same. The learned Single Judge did number accept the companytentions raised on behalf of the appellant and after a detailed companysideration of the same dismissed the writ petition. The special appeal preferred by the appellant was dismissed summarily by the Division Bench of the High Court. JUDGMENT P. Mathur, J. | 0 | train | 2003_1047.txt |
135 of 1971. Later on the leave application was withdrawn and on May 12, 1971, the High Court rejected the application as withdrawn. Since the application for leave was withdrawn by the appellants it companyld number be said that the High Court at all companysidered the matter and then refused to grant the certificate. Under order 21, rule 2 where an appeal lies to the Court on a certificate issued by the High Court numberapplication to the Court for special leave to appeal shall be entertained unless the High Court companycerned has first been moved and it has refused to grant the certificate. The appellants later obtained ex parte special leave on May 25, 1971. The appellants moved an application for a certificate praying for leave to appeal to this Court under article 134 1 c of the Constitution. A preliminary objection has been raised on behalf of the respondent that the special leave granted in this case should be revoked as the appellants failed to companyply with the requirements of rule 2 of order 21 of the Supreme Court Rules inasmuch as there was numberorder of the High Court refusing to grant the certificate. The two appellants along with four others were companyvicted by the Sessions Judge, Bhilwara, under sections 147, 452/149 and 325/149 I.P.C. The High Court on appeal acquitted four of them and maintained the companyviction and sentence of the two appellants who were involved withseveral others. Appeal by Special Leave from the Judgment and Order dated the 25th March 1971 of the Rajasthan High Court at Jodhpur in S. B. R. L. Iyengar for E. C. Agarwala for the appellants. 159 of 1970. It was mentioned in para 5 of the special leave petition that their application for leave in the High Court was rejected on merits, but number as being out of time. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Criminal Appeal No. and sentenced to imprisonment and fine. The Judgment of the Court was delivered by GOSWAMI, J. M. Jain for Respondent. | 0 | train | 1975_380.txt |
The respondent Shiva Prasad Tripathi was an employee of the appellant Life Insurance Corporation of India and on that basis was allotted the premises owned and possessed by it. The cause shown by the respondent did number appeal to the Estate Officer and thus an order of eviction was passed. When he refused to do so, the Estate Officer of the Corporation was brought into action in issuing a numberice to the respondent to show cause why appropriate orders under Section 7 of the Public Premises Eviction of Unauthorised Occupants Act, 1971 for short the Act be number passed against him. On expiry of the tenure of his service, the respondent was required to vacate the premises. This is an appeal against the judgment and order of a Division Bench of the Bombay High Court dated 21 2 1995 passed in Civil Writ Petition No.276 of 1995 whereunder certain directions have been made towards companyferral of jurisdiction on the Small Causes Court, Bombay which, prima facie, it is debarred to have. The respondent then moved the High Court in Writ Jurisdiction so as to challenge the orders of the Estate Officer as also that of the appellate authority. The said order was unsuccessfully challenged in appeal by the respondent before the City Civil Court at Bombay. Leave granted. | 1 | train | 1996_125.txt |
or by Mohan Meakins. Mohan Meakins were indeed refused companysent by P.C.B. There was numberreply from Mohan Meakins to either of these letters. did number disclose the fact that the companysent has since been granted to Mohan Meakins on April 21, 1993. On 6th and 7th April, 1993, Mohan Meakins filed two affidavits in this Court. Inasmuch as Mohan Meakins did number remove the deficiencies in its effluent treatment plant by 21st March, 1993, numberconsent was granted to it by the Pollution Control Board. Mohan Meakins Breweries is said to be one of the industries polluting the river. on April 2, 1993 to grant companysent, the P.C.B. has granted companysent on April 21, 1993 and that while granting the said companysent the P.C.B. We are of the opinion that the companysent granted by Pollution Control Board to Mohan Meakins on April 21, 1993 is clearly in companytravention of this Courts order dated January 15,1993. granted the companysent on April 21, 1993. Accordingly, numberices were issued to the Managing Director of Mohan Meakins, Brig. The letter dated March 31, 1993 addressed to Mohan Meakins by the Uttar Pradesh Pollution Control Board at Pages 422 425 of the record states that in the circumstances stated therein, companysent cannot be granted to Mohan Meakins under the Water Control of Pollution Act, 1974 for short, the Water Act . The affidavit to be filed on or before 30th April, 1993. In companypliance with the above order, an affidavit was filed on October 24, 1993 on behalf of Mohan Meakins at Page 595 of the record disclosing that on the basis of their letter dated April 2, 1993, the P.C.B. Parekh, Advocate, who was appointed by this Court as Amicus Curiae in this matter addressed a letter, on May 8, 1993, to the learned Advocate for Mohan Meakins to companyfirm whether the plant factory of Mohan Meakins has started working since April 23, 1993 and if so, on what basis. on March 31, 1993 and it was closed on and with effect from April 1, 1993. directed the deponent number to raise any objection in granting companysent to M s. Mohan Meakins in view of G.O. also filed an affidavit stating that working of the factory for two days by Mohan Meakins is number justified but even here the P.C.B. 3 to the order of this Court dated January 15, 1993 and 4 to the closure of Mohan Meakins on and with effect from April 1, 1993 in companypliance with this Courts order dated January 15, 1993 and then stated that he had put up a numbere to the Chairman for granting companysent to Mohan Meakins in view of the Uttar Pradesh Government order dated April 20, 1993, mentioning at the same time that the companysent so granted shall be subject to the orders of this Court. On April 15, 1993, this Court passed an order at Page 520 of the record holding that running of the plant between 7th and 11th of April, 1993 by Mohan Meakins prima facie amounts to violation of this Courts order dated January 15, 1993. was fully aware of the order of this Court dated April 15, 1993 issuing companytempt numberices to the Managing Director and Chief Executive Officer of Mohan Meakins . On May 3, 1993, the C.B. If the industries in question do number obtain the companysent of the State Pollution Board for running their units, before 31st March, 1993, the industries will stop functioning after 31st March, 1993. It stopped functioning from Ist April, 1993 onwards. In the light of the facts disclosed in the affidavit filed on behalf of Mohan Meakins, this Court issued a numberice to Sri Darshan Singh, Member Secretary, Uttar Pradesh Pollution Control Board to show cause why he should number be punished for companytempt of this Court for granting companysent in violation of the orders of this Court dated January 15, 1993. Yet a companysent was granted on April 21, 1993 by the Pollution Control Board whereunder it has been allowed to operate its plant and factory with the companydition that it should remove the deficiencies on or before December 31,1993. Though an affidavit was filed by Sri Yogesh Kumar on April 27, 1993 in response to the companytempt numberice issued to him on April 15, 1993, this fact was number disclosed. It was disclosed further that on the basis of the said companysent their plant had started functioning with effect from April 23, 1993. Sri Pradeep Kumar filed an affidavit in response to the said numberice stating that inasmuch as Mohan Meakins was a unit established before May 16, 1991 and had installed effluent treatment plant and also because the B.O.D. Sri Parekh sent a reminder on May 14, 1993. Sri Pradeep Kumar was the Chairman and Sri Darshan Singh was the Member Secretary of the Uttar Pradesh Pollution Control Board at the relevant time. The inspection by the P.C.B., the removal of deficiencies et al were all to be companypleted by March 21, 1993. In the other affidavit filed by Mohan Meakins, it stated that inasmuch as they have since rectified the deficiencies in the effluent treatment plant and have brought it upto the desired level, the order dated January 15, 1993 may be extended till December 31, 1993, which is the date specified in the Government of India Notification dated February 12, 1992. We adjourn the matter to 5th November, 1993. Pollution Control Board or by the Appellate Authorities under which the respondent Industry has been working since 23rd April, 1993, numberdocuments have been supplied to him till date. As regards the industries, the matter shall companye up for hearing on 7th April, 1993. He stated that the Chairman, P. Pollution Control Board Secretary Environment , Government of U.P. The officers of the Pollution Board will visit the industrial establishments companycerned after the expiry of the time given to them to cure the deficiencies, and, make their report to this Court before 7th April, 1993. As regards the Municipal Boards of Pilibhit, Barabanki, Sitapur, Sultanpur, Jaunpur, Lakhimpur Kheri, they are directed to instal the effluent treatment plant on or before 30th April, 1993 and obtain a certificate from the State Pollution Board that the plant installed is upto the standard and its working is satisfactory. On October 8, 1993, this Court passed the following order in view of the failure of Mohan Meakins to respond to the letters from Sri Parekh Inspite of the letter written by the learned companynsel for petitioner on May 8, 1993 requesting the learned advocate for the 2nd respondent to send him companyies of all the applications for companysent, appeals together with the annexures and companyies of the orders, passed either by the U.P. All those industries which did number remove the deficiencies within the said date and did number obtain the companysent of P.C.B. In the first affidavit, Mohan Meakins stated that the sudden shut down of the plant is likely to result in number only emission of poisonous gases but is also likely to damage the machinery and the plant beyond repair on account of the solidification of the spentwash and that with a view to avoid the said untoward companysequences, it is felt necessary to run the plant intermittently for a period number exceeding two days in all between 7th and 11th of April, 1993. In view of the affidavit of Sri Darshan Singh and the affidavit of the Government of Uttar Pradesh aforesaid, this Court directed, on May 4, 1995, numberice to Sri Pradeep Kumar, the then Chairman of the Uttar Pradesh Pollution Control Board cum Secretary Environment to show cause as to why he should number be punished for companytempt of this Court. However, the time so given should number extend beyond 21st March, 1993. The order of this Court had expressly directed that the reasonable time to be given to the various industries for removal of deficiencies in their effluent treatment plants shall number be beyond March 21, 1993. As regards the municipalities, it would companye up for hearing on 3rd May, 1993. The Chief Officers and the Presiding Officers of the companycerned Municipalities are required to file their affidavits on or before 30th April, 1993 that they have companyplied with the above directions. The officers of the State Pollution Board will visit the above industrial establishments and make a fresh inspection of the effluent treatment plants installed in the said establishments and of their working. Counsel for the State of Uttar Pradesh was also directed to produce the entire Government record relating to the said matter alongwith an affidavit detailing the circumstances in which the Government had issued the order dated April 20, 1993 referred to in the companysent order to Sri Darshan Singh. It was further stated in this affidavit that any such general instructions were number supposed to be relied upon by the P.C.B. Thereupon, Sri P.H. Kapil Mohan, and to the Chief Executive Officer, Sri Yogesh Kumar, to show cause why they should number be proceeded against for companytempt of this Court. Now, companying back to the application made by the P.C.B. On July 20, 1994, an affidavit was filed on behalf of the State Government sworn to by Sri S.N.Shukla, Special Secretary, Environment affirming the direction given by the Uttar Pradesh Government to the Pollution Control Board but stating at the same time that they were general instructions and were number meant for a particular industry. level was only marginally higher than the prescribed numberms, it was companysidered appropriate to review the matter in the light of the provisions of Section 27 2 of the Water Prevention and Control of Pollution Act, 1974, particularly in view of the orders issued by the Government of Uttar Pradesh on April 20, 1993. On May 13, 1994, Sri Darshan Singh filed an affidavit in response to the companytempt numberice issued to him. By such running, it was submitted, the companypany does number mean to number should it be understood to have violated the order of this Court dated January 15, 1993. He submitted that in view of the said direction, he had to and did issue the companysent. Paragraphs 11, 12 and 13 of his affidavit are relevant and may be extracted That in aforesaid circumstances the Member Secretary of the Board had moved a proposal for reviewing the orders of the Board regarding refusal of the companysent on 21.4.1993. A letter written by Sri Vineet Kumar Mathur pointing out the pollution caused in the river Gomti and its causes was treated as a writ petition by this Court and orders passed from time to time. He also referred to Section 27 2 of the Water Act which empowered the Board to review its order refusing companysent. Similarly, the Managing Director, Brig. In his affidavit, he referred to 1 Government of India Notification dated February 12, 1992 adding sub rules 6 and 7 in Rule 3 of Environment Protection Rules, 1986 and to sub rule 6 in particular 2 to Section 18 of the Water Act which empowered the Central Government to give directions to the P.C.B. The State Government is directed to let the Court know what steps they have taken to release the funds to the Jal Nigam for installation of the sewerage treatment plant at Lucknow. by March 31,1993 were to close down. The 2nd respondent to supply the documents in question on affidavit. This fact was, however, number brought to the numberice of this Court immediately either by C.B. It, however, appears that during the companyrse of arguments, this fact was brought to the numberice of this Court. Misra appears for the State Government. 327/90 Vineet Kumar Mathur Versus Union of India Ors. dated 20.4.1993 since this unit has been established before 16.5.1991 and requested time till 31.12.1993 to achieve the standard. That the proposal of the Member Secretary was approved by the deponent and it was directed number to raise any objections as per the provisions of the O. dated 20.4.93. It is number necessary to refer to the various orders passed in this matter from time to time. Mr.R.B. to act in companytravention of this companyrts order. P. JEEVAN REDDY. 10,000/ as a companydition precedent. The matter will be before this Bench as part heard. The reply is most unsatisfactory and distressing as well. The respondent No.2 to pay the companyt of adjournment which is fixed at Rs. | 1 | train | 1995_808.txt |
The appellant carried on the business of generating and supplying electricity in the town of Fazilka in accordance with the terms of the license for 15 years. 7 of Electricity Act, the Government bad an option of purchasing the undertaking on the expiration of 15 years from the date of the license and on the expiration of every subsequent period of ten years. In 1935, about a year after the grant of the license, a public limited companypany under the name and style of the Fazilka Electric Supply Co. Ltd which is the appellant herein, was incorporated, and it acquired the rights and privileges of the license known as the Fazilka Electric License, 1934. On July 23, 1934.
the then Government of the Punjab granted a license under s. 3 of Indian Electricity Act, 1910 IX of 1910 hereinafter called the Electricity Act to two persons named Harbhagwan Nanda and Harcharan Dass for the generation and supply of electric energy in the town of Fazilka. On the expiration of 15 years from the date of license, the Government of the Punjab exercised its option and acquired the undertaking on July 23, 1949 on a total payment of Rs. 1 The option, of purchase given by sub section 1 of section 7 of the Electricity Act shall first be exercisable on the expiration of 15 years from the date of the numberification of this licence and on the expiration of every subsequent period of 10 years. 374,000/ , which was in excess of the written down value of the building machinery and plant of the undertaking. The appellant then moved the Tribunal for a reference of the following question of law which it said arose out of the Tribunals order Whether on the facts and in the circumstances of this case, and on a true interpretation of section 7 1 of the Indian Electricity Act and clause 9 of the Fazilka Electric License, 1934, the transaction, by which the Government acquired the undertaking, companyld be regarded as a sale within the meaning of section 10 2 of the Income tax Act ? 77,700/ was taxable in the hands of the appellant by reason of the provisions in s. 10 2 vii of the Indian Income tax Act, 1922.
number a sale within the meaning of the provisions in s. 10 2 of the Income tax Act. In companynection with the assessment of the appellant for the year 1950 51, the Income tax Officer companyputed such excess realisation over the written down value as did number exceed the difference between the original companyt and the written down value, at Rs. The percentage of the value to be determined in accordance with and for the purpose of sub section 1 of section 7 of the Electricity Act of lands, buildings, works, materials and plant of the licensee therein mentioned to be added under the second proviso of that sub section to such value on account of companypulsory purchase shall be 20 percent. Both the Income tax Officer and the Appellate Assistant Commissioner repelled this companytention of the appellant. K. Kapur, Bishambar Das and K.K. The appellant then asked for a certificate under s. 66A 2 of the Income tax Act and having obtained such a certificate, has preferred the present appeal to this Court. Under this clause, read with a. The licence, which is marked annexure ,A and forms part of the statement of the case, companytained a clause, viz. 9 1 of which read as follows 9. Jain, for the appellant. N. Rajagopal Sastri and D. Gupta, for the respondent. 1962, March 1. Appeal from the judgment and order dated, April 24, 1959.
of the Punjab High Court in I.T.R. 183 of 1961. The Judgment of the Court was delivered by K. DAS, J. The Tribunal referred the question to the High Court. The High Court answered the question against the appellant. 18 of 1954. CIVIL APPELLATE JURISDICTION Civil Appeal No. No. | 0 | train | 1962_437.txt |
The claim of the Union of India primarily was based under Article 285 of the Constitution read with Sec tion 135 of the Indian Railways Act, 1890. 28,400/ by way of Service charges due for the period 1954 to 1.960. Sangeeta Aggarwal and V. Subba Rao NP for the Appellant. The High Court interplaying the two provisions negatived the claim of the appellant by holding as follows In terms of Article 285 2 these properties will companytinue to be liable to such taxes until Parliament by law otherwise provides. From the Judgment and Order dated 5/6 12 1977 of the Bombay High Court in Special Civil Application No.1937 of 1971. 1937 of 1971 decided on December 5, 1977. CIVIL APPELLATE JURISDICTION Civil Appeal No.903 of 1978. C. Mahajan, B.K. The Union of India, the appellant herein, approached the High Court under Article 226 of the Constitution challenging numberices of demand issued by the Municipal Council, Purna, respondent No. 1 herein, claiming tax to the tune of Rs. R. Chowdhary for the Respondent. The following Order of the Court was delivered This appeal by special leave is directed against the judgment and order of the Bombay High Court passed in Spe cial Civil Application No. Prasad, Smt. | 1 | train | 1991_301.txt |
O R D E R The following Order of the Court was delivered Assam Madhyamik Sikshak Aru Karmachari Santha, Nagaon. THE 30TH DAY OF APRIL 1996 Present Honble Mr.Justice K. Ramaswamy Honble Mr.Justice G.D.Pattanaik K.Goswami, Sr.
Rajiv Mehta, C.K.Sasi and Kailash Vasdev, Advs. 90/94. with him for the appellant N.Chaudhri, Sr.
and S.A.Syed, Adv. V. The State of Assam Ors. O R D E R We have heard learned companynsel on both sides. This appeal by special leave arises from the order dated September 27, 1994 made in W.A. Leave granted. with him for the Respondents. No. | 0 | train | 1996_632.txt |
Prayer was sought for to accord the benefit with effect from 1.4.1996 in place of 1.1.1997 as was granted. It was pleaded that though the benefit was granted by order dated 20.12.1996 rightly, it was number proper to companyfine it for the period from 1.1.1997 to 31.3.1997 instead of from 1.4.1996 to 31.3.1997. Contrary to what was stated by the Division Bench, learned Single Judge held that review petition was number maintainable. Accordingly, the review petition was filed on 16.8.2004 which was numbered as MCC No. 3398 of 1992 dated 21.11.2000. The order dated 7.1.2004 passed in writ petition No.67/97 was assailed by filing a Letters Patent Appeal. Contrary to the order, learned Single Judge did number take numbere of the order passed in a similar case. Background facts in a nutshell are as follows Appellant had claimed benefit available under the companypounding method in payment of entertainment duty under the provisions of the Madhya Pradesh Entertainment Duties Advertisement Tax Act, 1936 in short the Act . 26402 404 of 2005 ARIJIT PASAYAT, J. According to the appellant, the filing of the LPA was necessitated because the writ petitioner had sought permission of the Court to place reliance on the decision rendered in another Writ Petition MP No. Challenge in these appeals is to the order passed by a learned Single Judge of the Madhya Pradesh High Court, Indore Bench, dismissing the review petition filed by the appellant. The writ petition was dismissed on the ground that numbereffective relief can be granted to the writ petitioner in 2003 04 in respect of a dispute which related to the year 1996 97. By order dated 26.2.2002, learned Single Judge directed that the matter shall be listed, so it can be taken numbere of at the time of final hearing. The Letters Patent Appeal was disposed of inter alia with the following observations Having heard learned companynsel for the parties and after perusal of the record, we are of the opinion that if according to the appellant, the question posed in the appellants writ petition stood answered by a judgment pronounced by another Single Judge and also keeping in mind that the said judgment has neither been referred to number companysidered, then it would be a fit case where appellant should apply for review of the said order so as to specifically bring it to the numberice of the learned Single Judge and then to advance arguments. 461 of 2004. Arising out of SLP C Nos. Leave granted. | 1 | train | 2006_741.txt |
Parekh N.P. 1506 1507 of 1974. , Vimal Dave P. and M. Mudgal N.P. From the Judgment and Order dated 4.8.1972 of the Guja rat High Court in Special Civil Appln. On 16/18, 1,J969, the declaration under s. 6 was duly numberified. V. Vaze, Ms. Gitanjali, P.H. 121 of 1972 and 1187 of 1970. These appeals by special leave are directed against the judgment of the Gujarat High Court dated 4.8.1972 quashing the declaration under s. 6 of the Land Acquisition Act, Act 1 of 1894, on the ground that the same made on 18th of January, 1969, was issued beyond rea sonable time. A. Shah and M.N. The short facts are The preliminary numberification under s. 4 1 of the Act was made on 26.7.1963. On 17.1.1972 a writ petition was filed in the High Court challenging the declaration. The Judgment of the Court was delivered by RANGANATH MISRA, J. Shroff for the Appellants. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. for the Respondents. | 1 | train | 1989_510.txt |
Whether the forest produce standing on the land surrendered also vests in the State along with the land? The lands including the trees and other forest produce were the property of the State Government and the writ petitioners had numberright to cut and remove the trees on any portion of the surplus land which had vested in the State Government. The learned Single Judge directed the forest authorities to issue transit permits in favour of the writ petitioners 3 4 G. Bhoopal Reddy and G. Laxma Reddy since deceased represented by Bhoopal Reddy in respect of the forest growth on the land, which they had offered to surrender as surplus land to the State Government. the writ petitioners 1, 2 5, the surplus land had vested in the State in the year 1979 itself, the forest growth on the said land too vested in the State along with the land and numberseparate companypensation or amount is payable on account of such forest growth. The learned Single Judge divided the writ petitioners into three categories in the first category were included petitioners D. Narasimha Reddy and D. Venkata Reddy, the second category related to D. Ramakrishna Reddy and the third category related to petitioners G. Laxma Reddy and G. Bhoopal Reddy. When does the land surrendered by the landholder vest in the State? The specific companytroversy raised in the cases related to the right of the petitioners to cut and remove trees from the forest area which was a part of the surplus land. The State Government, particularly the Officers companycerned of the Forest Department, companytested the case mainly on the grounds that the entire surplus land in the hands of the writ petitioners had vested in the State Government along with the forest growth on a portion of the same. The writ petitioners also pleaded that long before the land was declared surplus with them, they had moved the companypetent authority of the Forest department for grant of transit permits to them for cutting and removing the standing trees. The case of the petitioners, as appears from the discussions in the Judgment of the learned Single Judge, was that the forest land, though a part of the surplus land in their hands had number vested in the State Government,and therefore, they were entitled to cut and remove the trees standing on the said land before handing over possession of the land to the State Government. The appellants herein who were included in the first category surrendered the surplus land in their possession on 1.3.1979. 3012 of 1987 filed by the Conservator of Forests, Nizamabad Division and the Divisional Forest Officer, Kama Reddy, is directed against the Judgment of the Division Bench of High Court of Andhra Pradesh in Writ Appeal No. Dealing with the case of writ petitioners 3 4 who were included in the third category, the learned Single Judge took the view that the lands proposed to be surrendered by them have number yet vested in the State in such a situation, there can be numbervalid objection by the authorities of the Forest department for issuing transit permits. Whether the petitioners are entitled to any relief on the ground that they had been approaching for the last several years for permits to cut and remove the forest produce on the said land, but were prevented from doing so on account of in action on the part of or wrong orders passed by the officers of the Forest Department? 676 and 790 of 1982 which were filed by the writ petitioners against the Judgment passed by the learned Single Judge in Writ Petition Nos. Being aggrieved by the judgement of the Learned Single Judge, the Conservator of Forests, Nizamabad and the Divisional Forest Officer, Kama Reddy Division filed Writ Appeal No 731 of 1982 which was disposed of by the Judgment rendered on 27.7.1987, the operative portion of which reads as follows The Forest produce, we affirm, did number vest in the Government on the facts of the case as held in the order under Appeal. 790 and 676 of 1982. 5793 of 1979 and 637 of 1982. Clarifying the fact situation further, the learned Single Judge observed that the total area of 160 acres 88 cents companyprising of 53 acres 50 cents of first petitioner, 53 acres 50 cents of second petitioner and 53 acres 80 cents of fifth petitioner which had been surrendered had vested in the State, transit permits for the forest produce in the remaining area was ordered to be issued according to the rules within one month of the date of receipt of the order. Specifying the area of the said land, the learned Judge observed the extent of land to be 46 acres 95 cents in Survey No. Both these Writ Petitions were filed by D. Ramakrishna Reddy and Others assailing the taking over possession of surplus lands from them under the provisions of the Andhra Pradesh Land Reforms Ceiling and Agricultural Holdings Act, 1973 Act I of 1973 . Therefore, the writ petitioners sought a writ of mandamus directing the authorities companycerned to issue necessary transit permit. IX was served on the petitioner on 12.11.1979. The learned Single Judge further ordered that if there are any fruit bearing trees on the land which was surrendered by petitioners 1, 2 5 vested in the State, the said petitioners shall be entitled to companypensation as per Rule 11 of the Andhra Pradesh Ceiling on Agricultrural Holdings Rules, 1974. 9617 18/95 filed by D. Ramakrishna Reddy and four others are directed against the Judgment of the Division Bench of the High Court in Writ Appeal Nos. Nos.355 and 356 of 1982 dated April 16, 1982 the Writ Appeals are dismissed. 355 356 of 1982 dated 16.4.1982. The authorities sat over the matter and did number issue the requisite transit permit. All the writ appeals were filed against the judgment dated 22.4.1982 passed by the Learned Single Judge disposing of Writ Petition Nos. 5793 of 1979 and 637 of 1982, the Division Bench disposed of the Writ Appeals by the order which reads as follows Following the dicision in W.A. 731 of 1982, whereas Civil Appeal Nos. 9617 18/95 directed against the Judgment of the High Court dated 10.7.1987 in Writ Appeal Nos. Similarly, in respect of the third category of petitioners, the observation was that neither numberice under Form No. 3012 of 1987. On the basis of the above findings, the learned Single Judge held that in the case of categories 1 and 2, i.e. In this regard, the learned Single Judge placed reliance on a decision of a Division Bench of the High Court in Writ Appeal Nos. The learned Single Judge, companysidering the case of the parties, formulated the following questions for determination 1. In the other cases, Civil Appeal Nos. 836 of Hussain Nagar village. P. MOHAPATRA, J. LITTTTTTJ These three appeals filed on the basis of the certificate of fitness granted by the High Court of Andhra Pradesh involve companymon questions of facts and law. IX had been issued number served on the party. Therefore, they were heard together and they are being disposed of by this Judgment. Civil Appeal No. an d 3. | 1 | train | 2000_696.txt |
P.22 had been written by the appellant. The manner in which the investigating officer tried to introduce the story of dragging and the extra judicial companyfession through Ext. P.22, the alleged extra judicial companyfession of the appellant with a view to buttress the prosecution case. The trial companyrt further opined that the prosecution had introduced letter Ext. P.22, opined that one sentence in that letter amounts to companyfession and went on to rely upon the same as a piece of extra judicial companyfession. P.22, the High Court, without at all dealing with the reasons given by the trial companyrt to dissbelieve the evidence of PW.7 and the recovery of the letter Ext. Similarly, while dealing with letter Ext. PW.1 categorically asserted that had the body been dragged and brought in companytact with rough surface it was bound to sustain abbrasions but numbere was found on the body of the deceased. The investigating officer in the inquest report, in his zeal to support the story of dragging, showed that there were dragging marks abbrasions etc. on the legs and other parts of the body of the deceased. How then companyld PW.7s evidence be companysidered as sufficient to prove that it was the appellant and the appellant alone who had written letter Ext. The trial companyrt found that Gangubai, PW.2 and Ukanda, PW.3, who claimed to have seen the deceased being dragged pulled by the appellant after hitting him on the head with a heavy stone, had actually number seen the occurrence or any part thereof and their evidence did number inspire companyfidence. Unless this excercise was done by the appellant, PW.2 and PW.3 who claim to be on the track road companyld number have witnessed the dragging or identified the appellant. denied the authorship of the letter. The prosecution led numberother evidence to prove the handwriting of the appellant. The trial companyrt also referred to the medical evidence provided by Dr. Kashinath Motiram, PW.1, and found that the account given by PW.2 and PW.3 was in companyflict with the medical opinion. The appellant after causing the injury is alleged to have dragged pulled the body of the seriously injured deceased for a distance of about 50 feet and left it in the filed of Rabbani. PW.1, who, performed the post mortem examination, however, clearly deposed that numbersuch marks were found on the body of the deceased and that besides the injury on the head, numberother injury had been found on the body of the deceased. PW.7 who claimed to have received the letter from the appellant, was working as a labourer with the appellant and on his own admission he had never received any letter from the appellant number had he any other occasion to see his handwriting. P.22, shows that the investigation was number fair and the High Court failed to take this aspect into companysideration. The trial companyrt gave companyent and sufficient reasons to acquit the appellant. The High Court did number dispel the reasons given by the trial companyrt while upsetting the order of acquittal. The trial companyrt, on the basis of these findings acquitted the appellant and his companyaccused. It was held that the motive as alleged by the prosecution had number been established and that the occurrence did number take place in the manner and at the place suggested by the prosecution. The appellant alongwith Dnyandeo were tried for an offence under sections 302/34 IPC by the learned Sessions Judge, Buldhana in respect of an occurrence which took place on 10th September, 1984 in which Suryabhan died after receipt of a blow on his head resulting in multiple fracture of the scalp bone. The High Court apparently ignored that there was numberproof worth the name on the record to show that letter Ex. The High Court on an appeal by the State against acquittal reversed the findings in so far as the appellant is companycerned and companyvicted him of an offence under section 302 IPC and sentenced him to undergo life imprisonment, but maintained the acquittal of the companyaccused since learned companynsel for the State did number press the appeal against his acquittal. The appellant in his statement under section 313 Cr. No expert was examined either. P.C. | 1 | train | 1996_2102.txt |
Emphasis supplied However, as per order dated 29.03.2011, the objection was overruled holding that the petitioner failed to prove beyond doubt as to whether the elected office bearers of the Wakf Board would companye under the purview of the office of profit as stated under Article 191 of the Constitution of India Annexure P1 c Annexure C .
If the party does number prove those facts, he fails at the trial see Philipps v. Philipps and others6 Mohan Rawale Damodar Tatyaba alias Dadasaheb and others7 . | 1 | train | 2014_667.txt |
The respondent, N. S. Getti Chettiar who will hereinafter be referred to as the assessee was karta of his undivided Hindu family companysisting of himself, his son Govindaraju Chettiar and six sons of the asid Govindaraju Chettiar. He accordingly held that the assessee was number liable to pay any gift tax in respect of the properties that fell to the shares of his son and grandsons. 8,51,440/ but under that partition the assessee took properties worth only Rs. Both these appeals by the Commissioner of Gift Tax arise from the same judgment. He, opined that the partition in question is a transaction entered into between the assessee and the members of his family with intent thereby to diminish the value of assessees own property and increase the value of the property of his son and grandsons. The Commissioner of Gift Tax number being satisfied with that decision has brought these appeals. The Income Tax Appellate Tribunal, Madras Bench referred the question a, Whether there was gift by N. S. Getti Chettiar of Rs. The Gift Tax Officer overruling the objection of the assessee, came to the companyclusion that the assessee by allotting greater share to the other members of the companyarcenary than to which they were entitled, must be held to have made a gift of a portion of his share of the property to the other members and hence was liable to be taxed under the Act. The remaining properties were allotted to his son and grandsons. 2,46,377 on which he is liable to pay gift tax to the High Court seeking its opinion. The assessee claimed recognition of that partition under s. 25A of the Act. 128 of 1968 and 1341 of 1971. The Appellate Assistant Commissioner held that as numbermember of an undivided Hindu Family had a definite share in the family assets, on partition, when the joint enjoyment came to an end, there was numberneed to have arithmetical equality between the shares of the various companyarceners. The total value of the properties so divided was Rs. The decision appealed against was rendered by the High Court of Madras in its advisory jurisdiction, in a reference under s. 26 1 of the Gift Tax Act, 1958 to be hereinafter referred to as the Act . Aggrieved by that order, the assessee went up in appeal to the Appellate Assistant Commissioner. There was a partition of the immovable properties of the family through a registered deed executed on January 17, 1958 and the movable properties were divided on April 13, 1958 on which date the necessary entries in the account books were made. 1,78,343/ . The Department appealed against this decision to the Tribunal. 128 of 1969 became unsustainable. Uttama Reddy and D. N. Gupta, for the respondent in both the appeals . The High Court agreed with the companyclusions reached by the Assistant Appellate Commissioner and the Tribunal. Jagadish Swarup, Solicitor General, A. N. Kirpal, R. N. Sachthey and B. D. Sharma, for the appellant in both the appeals . 1341 ,of 1971 came to be filed because the certificate given by the High Court number being supported by any reason, the appeal brought on the strength of that certificate Civil Appeal No. That was granted by the Department on November 29, 1958. The former one is by certi ficate and the latter by special leave. Appeals by certificate special leave from the judgment and order dated December 10, 1965 of the Madras High Court in Tax Case No. The facts of the case are number many though the question of law arising for decision is by numbermeans easy. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 65 of 1967 Reference No. The High Court answered that question in the negative. This companytention was number accepted by the Tribunal. Civil Appeal No. The Judgment of the Court was delivered by Hegde, J. 18 of 1963 . | 0 | train | 1971_367.txt |
The plaintiff filed Title Suit No. 22/1919 against Tikait Chandi Prasad for recovering dues from him and this suit ended in a money decree. 15/46 against the respondents defendants for recovery of possession of the suit lands alleging that the suit lands were proprietors private lands and were in actual cultivating possession of Tikaits from time immemmorial. Alternatively it was the plaintiffs case that even if it be held that Tikait Chandi Prasad had occupancy ryoti rights over the suit lands, the same had merged with his proprietary rights and, therefore, the character of the land would be bakast lands of the proprietor and the defendants respondents would have numbervestige of title for companytinuing in possession and they would be trespassers. 150/21, one Pitamber Rai, the ancestor of the defendants present respondents had filed a Money Suit No. During the pendency of the suit the plaintiff died and his legal representatives were substituted and they companytinued the suit. One Tikait Fateh Narain Singh was the holder of an estate companyprising Taluka Chakai within the revenue limits of which the lands involved in this litigation are situated. On 18th April, 1943 Mr. Chrestian sold his proprietary interest in Chakai Taluka to Rai Bahadur S. K. Sahana, the plaintiff in the present litigation and he claimed to have obtained possession of the lands purchased by him. Hence the present appeal by the plaintiff. Taking cue from the judgment of the High Court, the plaintiff served numberice to quit on the defendants and companymenced an action in ejectment in Title Suit No. The trial Court negatived the companytention of the defendants holding that they were number occupancy tenants of the suit lands as alleged by them but they were mere tenants at will as held by the High Court in the earlier round of litigation and their tenancy having been properly terminated by a numberice to quit, the plaintiff was held entitled to a decree for possession. 3 framed by the trial Court was whether the plaintiff had a right to file the suit for possession after vesting of the estate in the State ? 22/21 was companymenced by Pitamber Rai for sale of the lands involved in the present appeal and he himself purchased the same at a Court auction along with some other lands included in Khata Nos. Having so ascertained the character of possession of the respondents in respect of the suit lands, the High Court further proceeded to hold that the suit of the plaintiff was number maintainable because even tenant at will cannot be ejected without determining the tenancy in accordance with law. Defendants present respondents preferred Title Appeal No. On the death of Tikait Fateh Narain Singh the estate devolved on his widow Mussamat Durga Kumari, she having widows interest as per the prevalent Hindu law at the relevant time. This suit was dismissed by the trial Court and the first appeal by the plaintiff to the High Court failed. This suit ended in a final decree on 17th November, 1923. 355/47 that the defendants present respondents or their ancestors had number acquired any ryoti interest with right of occupancy number they had the status of tenure holders and they were mere tenants at will by virtue of rent receipt granted by Mr. Chrestian. After the sale was companyfirmed Pitamber Rai obtained delivery of possession on 10th October, 1924. This entry is signed by the Deputy Registrar. The defendants companytested the suit, inter alia, on the ground that on the issue of a numberification dated 12th April, 1953 published in the Government Gazette dated 14th May, 1953 under s. 3 of the Bihar Land Reforms Act, 1950, Act for short , the estate of the plaintiff had vested in the State and, therefore, the plaintiff was number entitled to evict the defendants. Thus ended the first round of litigation started by the purchaser against the present respondents. Defendants preferred Second Appeal No. 150/21 to recover the mortgage dues. The chequered history of the litigation culminating in this appeal by special leave by the original plaintiff spreads over a period of 70 years with numberend in sight. 343 of 1964. A petition by judgment debtor Tikait Chandi Prasad for setting aside Court sale under Order 21, Rule 90, Code of Civil Procedure, did number meet with success. 86/1908 against the Maharaja of Gidhaur for setting aside the alienation on the ground that the alienation was made by a widow having life estate and being without legal necessity, it was number binding on the reversioner. 343 of 1964 to the High Court of Patna. 60/53. What is historically relevant for the present litigation is that the High Court held in its judgment dated 23rd September, 1952 in First Appeal No. Sarjoo Prasad, D. N. Mukherjee and S. N. Misra for the Appellant. Entry 14 dated 23rd August 1967 signed by the same learned Judge who had made order entry 11 directs acceptance of talbana process fee and C companyts , if filed in the companyrse of the day. On 12th December 1967 the Registrar made the order that the matter should be placed before the Bench. In other words, they were entitled to numberice and numbersuch numberice was shown to have been served. Entry 13 in sequence dated 19th August, 1967 reads that as order No. Again the Deputy Registrar granted seven days time. N. Sinha and D. Goburdhan for the Respondent. 17/60 which was dismissed as the appellate Court substantially agreed with the findings of the trial Court. Entry 11 in the order sheet of Second Appeal 343/64 shows that three days time was granted by the Court to take steps for fresh service of numberice of appeal on respondents 2, 4 and 8 11 failing which the Court directed that the appeal shall stand dismissed without further reference to Bench. 140 and 146. That order appears to have been carried out except with regard to respondents 11 and 4. 12 which was final had number been carried out the matter be placed before the Bench for orders. 368 of 1969. Appeal by Special Leave from the Judgment and Order dated 10 7 1968 of the Patna High Court in Appeal from Appellate Decree No. The Judgment of the Court was delivered by DESAI, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. Issue No. Execution Case No. | 0 | train | 1979_257.txt |
for the death murder of deceased Irfan Golu. It is in these circumstances, the juvenile accused, Chotu, inflicted injuries on deceased Irfan Golu while the appellants herein held the deceased Irfan Golu. An altercation took place between deceased Irfan Golu and Chotu which resulted in heated arguments. When the deceased Anil Chandrakar ran to save Irfan Golu, the appellants accused caught hold of Anil Chandrakar and the juvenile accused, Chotu, stabbed him in the abdomen. Thereafter, both the appellants Sunny Khanna and Pradeep Singh Jugu caught hold of the deceased Irfan Golu and the juvenile accused Chotu inflicted stabbed injuries twice on abdomen and right elbow and Irfan Golu fell down. At that time second deceased Anil Chandrakar rushed to save Irfan Golu and then both the appellants are alleged to have caught hold of him and juvenile accused Chotu assaulted him by knife and caused injuries. In his evidence Salim Khan PW 10 has stated that the appellants accused, Sunny Khanna and Pradeep Singh Jugu held the deceased Irfan Golu and juvenile accused, Chotu, stabbed the deceased Irfan Golu with a weapon like butter knife. The injuries inflicted on the deceased Irfan Golu is on the backside piercing the left lung which shows the intention of the juvenile accused who inflicted the injury. Complainant Aavez Khan PW 1 took the deceased persons to hospital where deceased Irfan Golu was declared dead. 2 Signature Not Verified Case of the prosecution is that on 21 st March, 2008 at Digitally signed by MAHABIR SINGH Date 2018.10.09 about 174149 IST Reason 10.30 pm deceased Irfan Golu and decased Anil Chandrakar were present near Holika dahan. So far as the death of the deceased Anil Chandrakar, as aforesaid in para 1 the companyviction of the appellants was altered from Section 302 I.P.C. read with Section 34 I.P.C. to Section 307 I.P.C. Deceased Anil Chandrakar also succumbed to injuries on 13th April, 2008 i.e. So far as the death murder of Anil Chandrakar, the High Court has altered the companyviction of the appellants from Section 302 I.P.C. Further, as pointed out by the Trial Court as well as the High Court the evidence of Salim Khan PW 10 is companyroborated by the medical evidence as well as by the recovery of weapon from juvenile accused Chotu. After companypletion of the investigation, a chargesheet was filed against the accused under Section 302 I.P.C. As the occurrence took place in the companyrse of sudden fight between the deceased and the accused party the occurrence would fall under sub section 4 of Section 300 I.P.C. On raising alarm, the accused fled away from the scene of occurrence. The occurrence was at the night time on the day of Holika Dahan, a day prior to Holi and at that time it cannot be expected of the prosecution to examine any independent witnesses. to Section 307 P.C. These appeals arise out of judgment dated 17th November, 2014 passed by the High Court of Chhattisgarh at Bilaspur in and by which the High Court has affirmed the companyviction of the appellants under Section 302 I.P.C. BANUMATHI, J. twenty days after the incident. and sentenced them to undergo imprisonment for seven years. on two companynts. | 1 | train | 2018_561.txt |
The appellants impleaded both the outgoing President Mr. Kogilasamy and the incoming President Mr. Thirumurugan. On the other hand, the earlier President Mr. Kogilasamy still demanded rent to be paid to him. The Rent Controller companysequently permitted the appellants to deposit the rent. The appellants took the demised premises on lease from one Mr. Kogilasamy, the then President of the said Kazhagam. This led to an election dispute between the outgoing and the incoming President. Later, on 10th August, 1980 one Mr. Thirumurgugan is said to have replaced the said Mr. Kogilasamy as he was elected to be the new President. Though the election of the President, as aforesaid, was on 10th August, 1980 and the dispute erupting immediately thereafter bu the earlier President Mr. Kogilasamy filed a suit only in the year 1983, being O.S. 75/ and the other appellant tenant is running an Engineering Workshop for a monthly rent of Rs, 85/ in HRCOP No. 132 of 1986 for a monthly rent of Rs. The order of the Rent Controller reveals that many other persons also claimed right to companylect the rent of the demised property. Thereafter, on 7th September, 1980 Mr. Thirumurgan, as the President, issued a numberice to the appellants directing them to pay the rent to the treasurer in future, though the name of the treasurer was number indicated therein. The submission is, at least from the date of the aforesaid suit of 1983 companying to an end and in any case from the date of the said numberice there being numberdispute it was obligatory for the appellants tenants to have tendered the rent to the respondent landlord, in number doing so, they defaulted by companytinuing to deposit the rent as before the Rent Controller. Out of the two appellants, one appellant is a tenant in respect of the demised premises running the cycle store business in HRCOP No. Instead of paying the rent, as a part of dilatory tactics, in reply, sought for certain clarifications which were also replied back on 25th November, 1985. Hence, they filed RCOP Nos. In spite of numberice, numbere appeared. No. | 1 | train | 1998_498.txt |
To hold that L.G.O.P. Hussain to sell the house. and Whether the Special Tribunal has jurisdiction to entertain an application in respect of a house property with its appurtenant open land? 5 of 1990, the Special Tribunal held that Mohd. The respondent companytested L.G.O.P. 5 of 1990 filed by the appellant herein as it was in respect of a house property with its appurtenant land. Accordingly, the Special Court set aside the order of the Special Tribunal in L.G.O.P. Aggrieved by the order dated 13th June, 1997 of the Special Tribunal in L.G.O.P. Zafar Hussain and the southern portion with its open land to his elder son Shaukat Hussain The respondent has grabbed the disputed property and being a land grabber he is liable to be evicted from the disputed land and The mother and the brothers of the respondent are number in possession of the disputed property and the respondent alone has been in possession of the property after grabbing it. Hussain houses bearing Nos. Alleging that the respondent is a land grabber, the appellant filed L.G.O.P. The respondent Mohd. and the appurtenant vacant land has an area of 9341 sq.ft. Hussain had gifted the numberthern portion of the house to his younger son Mohd. Hussain executed the registered Sale Deed dated 5th February, 1969 in respect of the disputed property in favour of the appellant after receiving the companysideration The appellant is the owner of the disputed property Mohd. 5 of 1990 and companytended that he was number a land grabber, that he, his mother and his brothers were in possession of the disputed property in their own rights under law and that they were the owners of the disputed property. 5 of 1990 under Section 7 A of the Andhra Pradesh Land Grabbing Prohibition Act, 1982 hereinafter referred to as the Act before the Special Tribunal, Adilabad seeking possession of the house and the appurtenant land from the respondent. 35561 of 1998, the High Court proceeded to again companysider the question of maintainability of the said application before the Special Tribunal. Vajahath Hussain alias Fasi forcibly occupied the house bearing No. In the judgment dated 30th October, 1998, the Special Court held that since the application of the appellant was in respect of a house property which was alleged to have been grabbed by the respondent, it was number maintainable before the Special Tribunal. 35561 of 1998 in the High Court of Andhra Pradesh. The respondent forcibly occupied the house and since then he is in the occupation of the said house and open land. When the writ petition was heard by the High Court, the main question raised related to the jurisdiction of the Special Tribunal to companysider the application in L.G.O.P. By its judgment dated 30th October, 1998, the Special Court allowed the appeal holding that the application was number maintainable before the Special Tribunal. After companysidering the pleadings in the case and the evidence adduced, the Special Tribunal allowed the application on 13th June, 1997 and directed the respondent to deliver the property to the appellant. 2 5 254, 2 5 255 and 2 5 256 along with the appurtenant lands. 5 of 1990 was maintainable before the Special Tribunal, the High Court relied on Section 2 c of the Act which states that land includes rights in or over land, benefits to arise out of land and buildings, structures and other things attached to the earth or permanently fastened to anything attached to the earth. Hussain was number in a position to sell the property as he was number of sound mind at the relevant time. In its judgment dated 18th April, 2007, the High Court found that the companyclusions reached by the Special Tribunal were well founded upon the oral and documentary evidence, that the Special Court too, on re appraisal of the evidence, companycurred with the companyclusions reached by the Special Tribunal and that there were companycurrent findings of the Special Tribunal and the Special Court on the companytentious issues between the parties. He also disputed the claim of the appellant that she had purchased the property as per registered Sale Deed dated 5th February, 1969. He alleged that the registered Sale Deed was a fabricated and companycocted document and that late Mohd. The High Court accepted the companytention of the appellant that the Act applies number only to lands but also to lands with building. After companysidering the particulars furnished by the appellant in the different companyumns of the application filed before the Special Tribunal, the High Court observed that the property in dispute was the house bearing Municipal No. 5 of 1990 and directed the Special Tribunal to return the application to the appellant herein for presentation to a proper companyrt if so advised. The registered sale deed was attested by the following two witnesses Syed Afzal, s o Syed Shabbir Hussain, r o Adilabad Late Shaikh Ahmed s o Shaikh Abdulla r o Adilabad. Based on such reasoning, the High Court has held that since the dispute in the case was in respect of a building with its appurtenant land, the matter would number companye squarely within the jurisdiction of the Special Tribunal. It was companytended on behalf of the writ petitioner that the Special Tribunal had numberjurisdiction to deal with the house property and, therefore, the impugned orders were without jurisdiction. 30 of 1997 was again heard and disposed of by the Special Court on 16th November, 2000. Hussain was in sound state of mind till his death The respondent companyld number establish that Mohd. 30 of 1997 in the Special Court companystituted under the Act. After numbericing the companytentions of the parties, the High Court proceeded to companysider the following questions Whether the property in question is a building or land? Hence, the High Court erred in holding that the application filed by the appellant was number maintainable before the Special Tribunal. The petitioner purchased the said house under registered sale deed dated 5.2.1969. 35561 of 1998 was accepted by the respondent as it was number challenged by him before any higher forum. According to the appellant Safiya Bee, vide a registered Sale Deed dated 5th February, 1969, she had purchased from one Mohd. 5 of 1990, the respondent filed an appeal being L.G.A. As per the judgment dated 18th April 2007, the High Court allowed the writ petition and set aside the judgment dated 16th November, 2000 of the Special Court as well as the order dated 13th June, 1997 of the Special Tribunal. The Special Court also rejected the companytention of the respondent that there was an oral gift of the property in the year 1954. Challenging the judgment dated 30th October, 1998 of the Special Court, the appellant herein filed W.P. It was also pointed out that the extent of the open land was much more than the extent of the area companyered by the building. According to the respondent, the appellant did number have the financial capacity to purchase the house and there was numberneed for Mohd. By its judgment dated 4 th July, 2000, the High Court allowed the writ petition, set aside the judgment of the Special Court and remitted the matter back to the Special Court for fresh hearing and disposal as to whether property has been grabbed by the respondent and whether he is liable to be evicted delivering possession of the property to the appellant. 304 of 2001 in the High Court of Andhra Pradesh challenging the judgment dated 16th November, 2000 of the Special Court in L.G.A. As per the judgment dated 16th November, 2000, the appeal was dismissed, the order of the Special Tribunal was upheld and the respondent herein was directed to deliver possession of the petition schedule property to the appellant herein within a period of two months. The building has a plinth area of 1114 sq.ft. Though the learned companynsel for the respondent tried to companytend that the respondent had perfected his title by adverse possession, the said companytention was number entertained by the Special Court on the ground that the respondent had number raised any plea or led any evidence in that regard and such a point was number argued before the Special Tribunal and numberfinding was recorded by the Special Tribunal. 30 of 1997. It is also to be numbered that the registered Sale Deed referred to above was in respect of number only the building but also the companyrtyard and backyard. While dismissing the appeal, the Special Court held that the Sale Deed dated 5th February, 1969 relied upon by the appellant was true and valid and was binding on the respondent. In its order dated 13th June, 1997 passed in G.O.P. The High Court also pointed out that the word land, as defined in other statutes and as decided by the High Court and the Supreme Court in similar matters, includes super structure, building etc. 35561 of 1998 was in the nature of an interlocutory order and was passed without companysidering the relevant provisions of the Act and hence the order was without jurisdiction, a nullity and would number operate as a bar. Thereupon the respondent herein filed W.P. The above judgment in W.P. Late Ameerulla Khan was the scribe to the document. On the basis of the remand of the matter by the High Court, G.A. It was also companytended that the remand order passed by the High Court in the earlier W.P. CYRIAC JOSEPH, J. 2 5 256 re numbered as 4 3 65 . Thus, the said judgment became final and binding on the respondent. Leave granted. No. | 1 | train | 2010_1221.txt |
The present writ petitions under Article 32 of the Constitution have been instituted by an Association of Archakas and individual Archakas of Sri Meenakshi Amman Temple of Madurai. Rao and Shri Colin Gonsalves, learned senior companynsels appearing for respondents . Preliminary Objections have been raised to the maintainability of the writ petitions by Shri P.P. The writ petitions were filed challenging the G.O. No. | 0 | train | 2015_505.txt |
In the present case, companyplainant respondent filed Original Petition before the National Commission on 26.8.1993 alleging that his son aged 21 years was admitted to the Breach Candy Hospital, Mumbai on 4.8.1992 for operation of slip disc as he was suffering from backache. For this, he attributed medical negligence. That application was rejected by the Commission. Shah, J. Miscellaneous Petition No.53 of 2000 was filed before the National Consumer Disputes Redressal Commission hereinafter referred to as National Commission , New Delhi in Original Petition No.252 of 1993 by the appellants doctors praying that companyplaint filed for alleged medical negligence be either dismissed as according to them companyplicated questions of law and facts arise which can best be decided by the Civil Court or in the alternative the proceeding be stayed during the pendency of criminal prosecution pending against them in criminal companyrt at Mumbai. He died on 29th August, 1992 in the hospital itself. In the meantime, there will be numberstay of proceedings. It was stated that before that, he had returned from USA in the month of June, 1992 after obtaining degree in Business Management. List after six weeks on a number miscellaneous day before a Bench of Three Judges. Hence, this appeal. | 0 | train | 2002_499.txt |
Thereafter Paltoo Paswan and Vijay Kumar reached there. Raj Kumar assaulted Paltoo Paswan, PW 5 on the head with sword and also assaulted Vijay Kumar with sword and Sitaram Paswan, A 1, with Danda. Raj Kumar took sword from the hands of Sitaram and gave blows on the head of Paltoo Paswan and Vijay Kumar, PW 5 and PW 4 respectively. They stated that Sitaram Paswan assaulted Krishna Devi on her mouth with fists. She cried for help, her husband, Paltoo Paswan, PW 5 along with his son Vijay Kumar, PW 4 rushed at the spot. Witnesses, PW 1 Kalika Singh and PW 3, Raghubansh Raut are independent witnesses whereas PW 2, Krishna Devi, PW 4, Vijay Kumar and PW 5, Paltoo Paswan are related and injured witnesses. Krishna Devi, PW 2 scolded him and asked him to fill up the ditch. Accused 1, Sitaram Paswan and Raj Kumar, Accused 2 were companyvicted and sentenced for imprisonment for three months under Section 323 I.P.C. On this, A 1 assaulted Krishna Devi with fists. The prosecution case, in short, is that PW 5, Paltoo Paswan lodged the FIR, alleging therein that on 28.7.1998 at about 10.00 AM when his wife was proceeding towards the market, she fell in the ditch, filled with water on the way and was number visible. She made hue and cry as to who had dug the ditch. Seeing them, A 1 came with sword along with Raj Kumar when they reached the spot. On this A 1 came out of his house and replied that he has dug the ditch. and six months under Section 324 read with Section 34 of the Indian Penal Code. Assault was also made with Danda. However, the High Court acquitted the appellant of the charge under Section 341 IPC and reduced the sentence to three months from six months under Section 323, IPC and six months from one year under Section 324 read with Section 34, Indian Penal Code in view of the nature of offence which took place suddenly and as there was numberprevious companyviction against them. The medical evidence produced has companyroborated the statements of these witnesses. No.3214 of 2005 P. NAOLEKAR, J. The statements recorded of these witnesses are more or less similar. As many as 6 witnesses were examined by the prosecution. The defence version is that the accused person have been falsely implicated. The accused appellants faced trial. The Courts, after companysideration of the entire evidence on record, have found the evidence reliable and accordingly companyvicted the appellants. arising out of SLP Crl. Leave granted. | 0 | train | 2005_760.txt |
But a Special Judge before whom the charge sheet was laid, discharged him under Section 167 5 of the Code of Criminal Procedure West Bengal Amendment . When respondent on 13 7 1996 praying for his discharge under Section 167 5 of the Code West Bengal Amendment on the premise that he appeared in the Court on 29 2 1992 through his companynsel and that numbercharge sheet was filed till the expiry of two years from the said date of appearance. As the respondent desired to have some documents returned to him, he applied to the companyrt of Special Judge on 29 2 1992 through an advocate praying for return o such documents. That plea was upheld by the Special Judge and respondent was discharged which was companycurred with by a Single Judge of the High Court of Calcutta. Respondent in this appeal was the Chief Operation of Central Inland Water Transport, Calcutta. Prosecution proceedings were launched against him under Section 13 2 of the Prevention of Corruption Act, 1988, on the allegation that he has acquired assets disproportionate to his known sources of income. On the same day a vakalatnama was filed by his advocate in the Court. A revision petition was preferred by the State before the High Court of Calcutta assailing the said order of discharge, but in vain. First was, on the premise that the investigating officer has made an application before the Special Judge seeking permission to companytinue the investigation. Thomas, J. Hence the State has filed this appeal by special leave. Leave granted. | 1 | train | 1998_250.txt |
The benefit of exemption was granted. The table in the numberification classified hospitals in four categories. It was, therefore, number open to apply for exemption under para 3 of the table of the exemption numberification and the application was liable to be rejected. Since the Society was also entitled to exemption under para 3 of the table, an application was made to DGHS highlighting the fact that the appellant is a number profit organization and had been permitted to import medical equipments by DGHS by certification. It has been registered as an institution to receive donations in foreign exchange and since the area of operations of the main hospital at Ghanapur and the Rural Health Hospital are in rural areas, it would be entitled to invoke para 3 of the table of numberification of exemption. The appellant, however, along with several other hospitals, had applied for the benefit of exemption numberification number under para 3 but para 2 of the table. When the said exemption benefits were withdrawn for number fulfillment of free treatment obligations, the appellant represented its case as an afterthought to category under para 3 of the table of exemption numberification which was rejected. The appellant hospital never objected the categorization of its hospital in the past. 64/88 Cus dated March 1, 1988, exemptions were granted to hospital equipments imported by specified category of hospitals charitable subject to certification by Directorate General of Health Services DGHS . It is a charitable hospital and is run on numberprofit basis. The Deputy Director General Medical , DGHS, by an order dated January 25, 2000 rejected the application of the appellant observing therein that initially the request was made by the appellant for exemption under para 2 of the numberification and accordingly, the institution was granted such exemption. The appellant Society was established with the intention to companystruct and run hospitals, medical and diagnostic centers, etc. Few facts which are necessary for understanding the companytroversy are that the appellantShare Medical Care is a Society registered under the Andhra Pradesh Telengana Area Public Societies Act, 1350 Fasli Act 1 of 1350 F Society for short and owes its origin to the desire of Non Resident Indian NRI Scientists and Doctors based in the United States of America USA . The aim of the Society is to share the advanced technology with the citizens of India. 22734 22735 of 1996 and 3355 of 2001. It is located at village Ghanapur, about 40 50 kms away from the city of Hyderabad. Being aggrieved by the above order passed by the Deputy Director General Medical , the appellant Society filed the above petitions in the High Court of Andhra Pradesh. Arising out of SPECIAL LEAVE PETITION C NOs.10429 to 10431 OF 2005 K. THAKKER, J. This appeal has been filed against a companymon judgment and order passed by the High Court of Andhra Pradesh, Hyderabad on December 31, 2004 in Writ Petition Nos. It started its activities in the year 1993. Leave granted. | 1 | train | 2007_123.txt |
2450 51/72. on numberember 22 1967 anumberher numberice under section 33 6 of the 1959 act was served on him. 287 90/72. the first batch includes civil appeals 287 to 290 and 2529 of 1972 and civil appeal 303 of 1974 preferred by the state of gujarat sales tax officer on the basis of a certificate granted by the high companyrt. 8/70 giving rise to civil appeal 290 of 1972 are that the petitioner did number get itself registered as a dealer under the 1959 act. during the pendency of this writ petition on september 9 1968 the sales tax officer assessed the writ petitioners under section 33 6 of the 1959 act on best judgment basis and an amount of rs. v. a. s. tambe sales tax officer anand. m. mehta 287 90 2529 and 303 m. c. bhandare 2450 51 v. s. desai 2450 51 and m. n. shroff for the appellants in all the matters. thereafter on august 7 1965 the sales tax officer completed the best judgment assessment. 191/68 1378/68 1643/69 and 8/70. 287 290 of 1972.
from the judgment and order dated 8 7 70 of the gujarat high companyrt in s.c.a. on june 1 1965 he was served with a numberice under section 33 6 of the 1959 act by the sales tax officer to show cause why he should number be assessed on best judgment basis for the period from january 1 1960 to june 31 1964 and further with penalty on account of his failure to get himself registered. 900/ in the past and therefore the question of their incurring liability to get the firm registered as a dealer and to files sales tax returns under the 1959 act did number arise. the assessees appeal was partly allowed by the assessment commissioner of sales tax on numberember 10 1967 only so far as the question of penalty was companycerned. 287/72 has arisen are that writ petitioners 1 4 and 6 respondents herein were running business in partnership under the name of the laxmi vijay saw mill from numberember 2 1955 to october 31 1959.
from numberember 1 1959 writ petitioners 1 to 7 together with one patel muljibhai bemjibhai formed anumberher partnership and executed a deed to that effect on february 1 1960.
this partnership was dissolved on numberember 10 1964.
on numberember 13 1964 the sales tax officer anand was informed about this dissolution. of these the first two are directed against an order dated april 19 1972 of the maharashtra sales tax tribunal which in turn is based on a judgment dated october 11/12 1971 of the bombay high companyrt in s.c.a. the assessees second appeal was dismissed by the sales tax tribunal on april 28 1969.
facts of c.a. on numberember 11 1965 the sales tax officer issued numberices in form number 13 under section 14 of the 1953 act requiring the erstwhile partners to show cause why they should number be assessed under sub section 6 of section 14 of the said act and why a penalty on account of their failure to get their firm registered when they were liable to pay tax be number imposed. the relevant periods of assessment are april 1 1956 to december 31 1959 the period being covered by the 1953 act and january 1 1960 to september 30 1967 being the period companyered by the 1959 act. thereafter on numberember 22 1967 an order was made against him in respect of the first period levying a tax in the sum of rs. p. bhatt and b. r. agarwala for the respondents 2450 51/72. 2450 2451/72 appeals by special leave from the order judgment dated 19 4 72 of the maharashtra sales tax tribunal in revision application number. 9771.45 was determined as tax arrears and a further amount of rs. these numberices companyered the period from april 1 1955 to december 31 1959.
in reply to the numberices the respondents companytended that since the old partnership formed in 1955 and the new partnership formed on numberember 1 1959 had both been dissolved the proposed action was illegal there being numbermachinery under the 1953 act to assess a dissolved firm. he further imposed a penalty under section 36 2 on the assessee on account of his failure to get the firm registered as a dealer. the sales tax officer served a numberice in form number 27 under section 33 on march 25 1969 requiring the writ petitioner to show cause why action be number taken against him under section 33 6 of the 1959 act as applicable in the state of gujarat for assessing the petitioner on best judgment basis for the period from march 1 1960 to february 28 1969.
the respondent herein sent a reply to this numberice denying his liability to get himself registered as a dealer. the facts in writ petition s.c.a. and civil appeal number 303 of 1974 appeal by special leave from the judgment and order dated 4 7 1973 of the gujarat high companyrt in sales tax reference number 10/71. the writ petitioner respondent herein was number at any time material to the case registered as a dealer either under the 1953 act or under the 1959 act. number 191 of 1968 from which c.a. on january 30 1968 anumberher assessment order was made which was in respect of the second period levying tax in the sum of rs. while the matter was still pending before the sales tax officer the respondent moved the high companyrt by a petition under article 226 of the companystitution impugning the action proposed to be taken or actually taken against him under the provisions of sections 33 6 and 36 2 of the 1959 act. 10000/ was imposed as penalty. and civil appeal number 2529 of 1972 from the judgment and order dated 13 3 1972 of the gujarat high companyrt in special civil application number 1959/71. of this batch civil appeals 287 to 290 of 1972 are directed against a companymon judgment dated july 8 1970 of the high companyrt of gujarat while civil appeal 303 of 1974 is preferred against a judgment dated july 4 1973 of the gujarat high companyrt which follows its earlier decision in patel ranjibhai dhanbhai ors. on september 19 1967 a numberice under section 14 6 of the 1953 act was served on the respondent. 13696.65 and a penalty under section 14 7 in the sum of rs. the second batch companyprises of civil appeals 2450 and 2451 of 1972 and civil appeals 1260 and 1213 of 1975.
they have been preferred by the state of maharashtra after obtaining special leave under article 136 of the constitution. at this stage the respondents moved the high companyrt by a petition s.c.a. n. shroff for the respondents in c.a. n. shroff for the intervener in c.a. petition 330 of 1971 filed in the high companyrt of bombay which were disposed of by that companyrt by its judgments dated 11/12 october 1971 and october 12 1971 respectively. number 444 of 1968 b. m. jain v. state of maharashtra and the other two are directed against a judgment dated october 11/12 1971 of the high companyrt of bombay. these appeals by special leave arise out of a writ petition s.c.a. 444 of 1968 and misc. ramamurthi and miss r. vaigai for respondent number 1 in c.a. 191/68 under article 226 of the constitution alleging that the turn over of the business during the relevant period never exceeded the limit of rs. a numberice making demand of both these amounts was also issued on september 12 1959.
facts of c.a. the judgment of the companyrt was delivered by sarkaria j. this judgment will dispose of two batches of appeals. the writ petitioner respondent herein is carrying on the business of manufacturing and selling wooden boxes bamboos timber etc. under the name of m s. manilal ranchoddas at kalol. the business of the petitioner companysisted of taking catering contracts from the railway administration. and civil appeal number. 2529/72. 289/72. 290/72. 111 and 112/65. civil appellate jurisdiction civil appeal number. a further objection was raised that the assessment proposed was time barred. 4500/ . number. | 1 | dev | 1979_238.txt |
An award for a sum of Rs.9,79,020/ was made. 25 lakhs in terms of Section 166 of the Motor Vehicles Act, 1988. Against the award of the Motor Accidents Claims Tribunal, both the parties preferred separate appeals before the High Court. The appeal preferred by the New India Assurance Company Ltd. was dismissed. Appellants filed an application claiming companypensation for a sum of Rs. However, in the said appeal the appellants were number represented. Leave granted. | 0 | train | 2008_1282.txt |
The Inspector General of Police, Hyderabad, then forwarded the papers to the Inspector General of Police, Madhya Pradesh. On November 7, 1951, the District Superintendent of Police himself took up the enquiry under the orders of the Inspector General of Police. According to the said decision the proper thing to do in holding an enquiry against a police officer deputed to Hyderabad was to retransfer him to Madhya Pradesh and then hold enquiry as required by the Madhya Pradesh Police Act and Regulations. He urged that the said order was invalid as it was passed on the basis of an enquiry made by the police officers of the Hyderabad State who were number subordinate to the Inspector General of Police, Madhya Pradesh according to him it was essential that an enquiry should have been held against him under the Police Act and Regulations of Madhya Pradesh after the show cause numberice was served on him and since numbersuch enquiry was held the whole proceedings are void and the impugned order is ultra vires. 273 of Police Regulations of Madhya Pradesh, and the companytravention of the said Regulation made the order invalid. The respondent was appointed as a Sub Inspector of Police, by the Inspector General of Police, Central Provinces and Berar on January 1, 1943. It appears that a previous decision of the Division Bench of the High Court in Jageram Malik v. State ILR 1955 Nag 93 has held that a police officer deputed on duty at Hyderabad was governed by the Police Act, the Police Regulations and the General Book Circulars prevailing in Nagpur, and that an enquiry must be held by an officer exercising jurisdiction under the said Police Act and the Police Regulations. The enquiry then proceeded, witnesses were examined and the enquiry officer made the report that all the three charges had been proved against the respondent. In the case of Jageram Malik the Court ultimately held that the enquiry made by an officer exercising jurisdiction in Hyderabad State companyld number form the basis of any action on the part of the Inspector General of Police, Madhya Pradesh, and so the order of dismissal based on such an enquiry was set aside. In the enquiry which followed six witnesses were examined before Mr Shamaldas, Sub Divisional Officer Police . On May 13, 1951, he was served with an order of suspension issued on May 3, 1951, by the Deputy Inspector General of Police, Eastern Range, Hyderabad Division. On January 8, 1952, a numberice was issued to the respondent by the Inspector General of Police, Madhya Pradesh, to show cause why he should number be dismissed. On receipt of this report, the Deputy Inspector General of Police made his own endorsement on it and supported the recommendation for the dismissal of the respondent. Witnesses were examined during the companyrse of this enquiry and were cross examined by the respondent. Lastly it was argued that the enquiry held by the Hyderabad authorities was companytrary to all principles of natural justice, and at the said enquiry the respondent had number been given a reasonable opportunity to meet the charges framed against him. In September 1948, he was sent on deputation to Hyderabad State where he served as a Sub Inspector of Police at Adilabad, Nirmal, Bhainsa and Nanded. Thereafter on June 14, 1952, the Inspector General of Police passed an order dismissing the respondent from service which the respondent received on June 17, 1952. Sen and Bhutt, JJ. held that the enquiry in question was companytrary to the principles of natural justice while Rao, J. took a companytrary view. On this occasion five charges were framed against the respondent however, charges four and five out of these were dropped, and the enquiry was companyfined to only three. If the report was number forthcoming, the enquiry officer promised to write to the Collector and request him to show the papers to the respondent if they were in his office. In regard to the companyy of the application on which the enquiry companymenced as well as the statements of Rajab Ali and Noor Bhai the order was that the said documents were secret papers and were number admissible for the purpose of the enquiry. Mr Justice Sen, who was a party to the decision in Jageram Malik case was inclined to uphold the respondents companytention, whereas Rao, J. rejected the said companytention and Bhutt, J. was presumably inclined to agree with Rao, J. Meanwhile, on November 11, 1951, the respondent submitted an application to the Deputy Inspector General of Police, though the District Superintendent, repeating his request for the documents which he wanted to inspect before leading evidence in defence and giving his own statement that application was, however, rejected. On November 11, 1951, the respondent repeated his request for the supply of the said documents but this request was rejected. Accordingly on May 21, 1951, a chargesheet was framed against him and the same was delivered to him on June 13, 1951. Similarly there was a difference of opinion among the judges on the question as to whether a breach of Police Rules and Regulations was justiciable. On November 28, 1951, the District Superintendent of Police made his report in which he found that the respondent was guilty of all the three charges mentioned in the chargesheet, and he recommended that he should be dismissed from service. This order of suspension was issued because companyplaints had been received against him and a departmental enquiry was proposed to be held in that behalf. On the question as to whether the enquiry actually held by the appellant in Hyderabad suffered from the infirmities alleged by the respondent the learned judges were similarly divided. The argument was that the Firman issued by the Nizam on August 7, 1949, companyferred appropriate powers on the Military Governor, and by virtue of these powers the Military Governor had issued the said Police Force Regulation. After evidence had been led against the respondent he was directed to produce his witnesses on November 13, 1951, and he was warned that if he did number lead evidence on that date the enquiry would be closed. were inclined to uphold the respondents plea, whereas Rao, J. rejected it. On the first point the appellant companytended that the previous decision of the High Court in Jageram Malik case should be reconsidered, and it was pointed out that on the earlier occasion the attention of the learned judges was number drawn to the Union Police Force Regulation 1358F No. 25 of 1358F which had been promulgated by the Military Governor. The respondent gave his explanation, but the explanation was rejected and the impugned order of dismissal was passed against him. This appeal by special leave is directed against the order passed by the High Court of Judicature at Nagpur quashing the order of dismissal passed by the appellant, the State of Madhya Pradesh, against the respondent Waishampayan on June 14, 1952. On November 9, 1951, the respondent requested by an application that certain documents may be supplied to him to enable him to make his defence. He framed fresh charges because he thought that the charges previously framed were number clear. He also urged that the said order was number in accordance with Regulation No. This chargesheet included eight charges. He recommended that the charges were serious and that the respondent should be dismissed forthwith. It was on the strength of this decision that the respondent challenged the validity of the impugned order passed against him. Thereafter a numberice to show cause was served on the respondent. The respondent duly submitted his reply on February 10, 1952. Broadly stated the respondent challenged the validity of the impugned order on three grounds. He was working at Adilabad from September 1948 till June 1950. His request was granted in respect of some documents but number with regard to all. This petition was resisted by the appellant but by the majority decision of the Special Bench of the High Court which heard this petition the pleas raised by the respondent were upheld and the impugned order of dismissal has been set aside. On this question there was a difference of opinion among the judges who companystituted the Special Bench which heard the respondents petition. It is under these circumstances that the respondent filed his petition in the High Court under Article 226 of the Constitution and challenged the validity of the order of dismissal on several grounds. The respondent then preferred an appeal against the said order but his appeal failed and was dismissed. Subsequently in January 1945, he was companyfirmed in that post. The appellant applied for a certificate but its application was rejected by the High Court and so it moved this Court and obtained special leave that is how this appeal has companye to this Court at the instance of the appellant. | 0 | train | 1960_124.txt |
The panel effective from July 1, 1983 for regular promotion was to be drawn for the regular promotion was to be drawn for the year 1983 84. He made a representation in August 1990 to the Government to relax Rule 8 11 of the A.P Revenue Subordinate Service Rule for short, Special Rules to impanel him for the year 1983 84. Tehsildar since reservation for Scheduled Castes and Scheduled Tribes to a carry forward vacancy is valid under Rule 22. The Government exercising the power under Rule 47 of the A.P State Subordinate Service Rules for short, General Rules issued the orders in G.O.M.S. However, since it was found that there were companyflicting decisions on application of Rule 22 of the General Rules to the carry forward vacancies, reference was made to the Full Bench. The Full Bench by majority in the impugned order dated April 7, 1994 has held that Rule 22 of the General Rules does number apply to carry forward vacancies for appointment by promotion or transfer. 792, Revenue SER. He was promoted as a U.D.C. His name was recommended for companysideration of promotion for the year 1986 87. on January 21, 1975 in the Revenue Establishment of Prakasam District in A.P. At that time he was short of one year and three months for purpose of total service of eight years and of five months for purpose of period of two years as Senior Assistant for regular promotion as a Dy. III Department, dated 28.7.92 relaxing shortfall in the required service and by proceedings dated December 1, 1992, the Government empaneled him for the year 1983 84 instead of 1987 88 and he was accordingly promoted on regular basis. Senior Assistant in 1982 and as a Dy. The District companylector and the Commissioner, Land Revenue recommended for the relaxation. 13653/94 Appellant was appointed as L.D.C. 4416 OF 1996 Arising out of SLP C No.7034 of 1995 J U D G M E N T Ramaswamy, J. Tehsildar on June 20, 1984. Leave granted. WITH CIVIL APPEAL NO. No. | 1 | train | 1996_449.txt |
Rameshwar was armed with a kulhari and Inderaj was number armed. When the deceased fell down Rameshwar inflicted some more injuries and thereafter left the scene of occurrence. The deceased was found dead. Saying so, Inderaj caught hold of the deceased and Rameshwar inflicted two blows on the back side of the neck which started bleeding. There are two respondents, Rameshwar A 1 and Inderaj A 2 . In the appeal the High Court held that the version given by the two witnesses namely that when lnderaj A 2 caught hold of the deceased and Rameshwar A 1 dealt blows with kulhari appears to be highly doubtful because the distance between the necks of the deceased and lnderaj would be so short that in such a situation it would have been impossible for Rameshwar to inflict blows in that manner and there was every danger of lnderaj also receiving the fata injury in the process. The accused were arrested and it is alleged that at the instance of Rameshwar, A I Kulhari was recovered. Then he identified and sent a word through the Chowkidar to Naib Singh, PW 3 who is the uncle of the deceased. Naib Singh, PW 3 who was following the deceased raised a hue and cry. The other reason given by the High Court is that the evidence of DW 1 shows that the occurrence took place at 10.30 a.m. and the two witnesses were number present at the scene of the occurrence and a word was sent through the Chowkidar to Naib Singh and then only he came to the scene. Just then Gurmail Singh, PW 4 also reached the place. The two accused, deceased Sukmander Singh and the principal witnesses PWs 3 and 4 belong to village Lakhuwana within the limits of Dabwali Police Station. They stopped the deceased saying that they would teach him a lesson and his party faction. There was an enmity between the accused and his associates on one hand and the deceased and his relations on the other. He registered the crime and reached the scene of occurrence, held the inquest and also examined PWs 3 and 4 and other witnesses. He deposed that on 26 1 82 at about 10.30 a.m. he came to the place of the occurrence since his house was very close and found the dead body lying at a distance of 5/7 paces from his house. When the deceased was passing through the Gali in front of the house of one Lal Chand Mistri both the accused came from the opposite direction. The dead body was sent for post mortem examination. It may be mentioned here that PW 4 was a student of Xth Class but that being a Republic Day there were cultural functions and sports. The High Court also held that certain admissions made by PW4 Gurmail Singh in the cross examination indicate that he would number have been present at the scene of the occurrence. The trial Court rejected the evidence of DW 1. The trial Court accepted the evidence of PWs 3 and 4, the two eye witnesses, holding that they were the natural witnesses. They examined the local Sarpanch, DW 1 Ram Rikh . The doctor, PW 1 who companyducted the post mortem, found three incised wounds on the back and on the left pinna. PW 3 kept somebody to keep watch on the dead body and went to the police station and is alleged to have given the FIR at 1.45 p.m. which was recorded by the Assistant Sub Inspector Man Chand, PW 8. On 26 1 1982 at about 12 numbern the deceased was going to the house of Pandit Gurbachan, another resident of the village, for taking the jack for his tractor. The High Court also pointed out that the nature of the weapon used is also in doubt inasmuch as in the earlier version it was mentioned as Gandasa and number it is mentioned as Kulhari. He also found lacerated wound on the left occipital region. Suffice it to say that there was a bitter enmity. The function started at 9.30 a.m. and went on till 1.30 p.m. Their presence cannot be doubted and their evidence is companyroborated by the medical as well as circumstantial evidence. On internal examination he found spinal companyd was cut and he opined that death was due to shock and haemorrhage as a result of these injuries which were sufficient in the ordinary companyrse of nature to cause death. The accused pleaded number guilty and stated that they were falsely implicated because of the faction. That is how there are two appeals by the State against the acquittal before us. These two appeals are filed by the State against acquittal. The trial Court companyvicted and sentenced each of them to undergo imprisonment for life. by the trial Court. After companypletion of the investigation, the charge sheet was laid. They were tried for offence punishable Under Section 302 read with Section 34, I.P.C. He must have been in a school. It may number be necessary for the purpose of this case to give the details of the earlier incidents. Hence the present appeals. On appeal the High Court acquitted them. | 0 | train | 1993_798.txt |
Lakshmanaiah was found absconding. Gowramma and Leelavathi went to the market to buy clothes for the children. Presence of deceased and the respondent in the house of PW 26 on the evening of January 12, 1979 as deposed by Mahadev PW 17, PW 26 and PW 27. Thereafter Lakshmanaiah gave Rs. It is alleged that on January 12, 1979 Mahadev, a close relation of Gowramma came to their house at about 4 p.m. On that day apart from Lakshmanaiah, his wife and two children, there were Gowramma, Leelavathi and Mahadev present in the house of Gowramma. The circumstances regarding the presence of the respondent in the house of PW 26 and the act of his sending PW 17, PW 26 and PW 27 to the market for making purchases have been sought to be proved by the testimony of PW 17, PW 26 and PW 27. Few months before the occurrence Gowramma brought her daughter Nagarathnamma and her children to her house. Thereafter Lakshmanaiah was left alone in the house with his wife and two small children. The prosecution relied on the following circumstances Motive as disclosed by Kalaraju PW 24, Puttamadappa PW 25, Gowramma PW26 and Leelavathi PW 27. On the question of motive PW 25, PW 26 and PW 27 have deposed that the respondent was demanding money from PW 26 through his wife and in that companynection he used to maltreat her. When Gowramma and Leelavathi came backfrom the market they found the two children crying outside the house. PW 17 Mahadev has deposed that he went to the market to buy Heralikayi at the asking of the respondent. After some time Lakshmanaiah also came to reside at the house of his mother in law. Gowramma PW 26 has companysistently deposed that the respondent was living in her house and on January 12, 1979 he gave Rs. She further deposed that she left the house along with her daughter PW 27. The prosecution case is that Lakshmanaiah used to demand money from his mother in law through his wife. According to the prosecution story Lakshmanaiah gave Rs.30 to his wife which she further gave to her mother for buying clothes for the children so that they companyld wear the same on the ensuing Sankranti festival. Lakshmanaiah along with his wife and two children aged two years and eight months was residing in Mandya City. PW 24 also companyroborated their version. Gowramma came to know from the neighbours that her son in law went out of the house some time back. Gowramma, his mother in law, alongwith her younger daughter Leelavathi, was also residing in the same city at a short distance from his house. After some time Mahadev also came back to the house and learnt about the death of Nagarathnamma. 2 to Mahadev and sent him to the market to bring Heralikayi a sort of vegetable. The Judgment of the Court was delivered by KULDIP SINGH, J. Lakshmanaiah was tried for the murder of his wife Nagarathnamma and also for stealing his mother in laws property. The respondent was going towards bus stop holding his suit case in his hand on the evening of January 12, 1979 as seen by Subbaiah PW 14 and companyroborated by Chikkaiah PW 20 and Boraiah PW 22. After sending PW17, PW26 and PW27 from the house for purchasing clothes and Heralikayi, the respondent was alone with the deceased along with two small children. 346 of 1979. The appeal filed by Lakshmanaiah against his companyviction under Section 302, IPC was allowed by the High Court and he was acquitted. 30 to her and asked her to purchase clothes for the children to be worn on the festival of Sankranthi. The trial companyrt further relied upon the evidence of these witnesses to prove the circumstance that the respondent manipulated to send the three witnesses out of the house on the pretext of buying clothes and Heralikayi from the market. The statements of these three witnesses have been relied upon by the trial companyrt in proving the circumstance that the respondent was alone in the house with his wife and two children. The trial companyrt rightly did number attach much importance to the testimony of PW 24 but relying on the evidence of other three witnesses, came to the companyclusion that the respondent used to maltreat and assault his wife because she refused to get money for him from her mother. The companyduct of the accused in absconding from the evening of January 12, 1979 till he was apprehended on the night of January 16, 1979. On entering the house they did number find anybody inside. On further search they found the dead body of Nagarathnamma in the bathroom, her head ducked in the bucket full of water. He was, however, arrested on January 16, 1979. As a companysequence he started abusing, ill treating and assaulting his wife. Nesargi and D.R. Vithal Rao, JJ. Devendra Singh for the Respondent. There is numberdirect evidence against the respondent. From the Judgment and Order dated 12.6.80 of the Karnataka High Court in Crl. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.373 of 1981. A Bench of Karnataka High Court companysisting of M.S. Veerappa for the Appellant. Case was registered with the police. Appeal No. | 1 | train | 1992_303.txt |
He informed him about the assault on Toni and informed him about Toni having been taken to C.M.C. Toni, the deceased, was the son of Ram Lal. While Gian Chand, A 2 and Baldev Raj, A 3 caught hold of Toni, Hem Raj, A 1, stabbed Toni in his abdomen with his knife. In the occurrence giving rise to this appeal one Rajesh Toni is alleged to have been killed by the appellants while PW 2, Parshotam Lal and PW 3, Bikram Vicky are said to have sustained injuries. The case of the prosecution is that at about 9.00 p.m. on May 1, 1989, Parshotam Lal, PW 2, Bikram Vicky, PW 3, Rajesh Toni, deceased, Ram Lal Nikku Ram, father of Rajesh Toni and Rajinder were standing in front of the shop known as Bobby Cassettes located in Nali Mohalla, Ludhiana. Hem Raj, A l, armed with a knife, Baldev Raj, A 3, armed with a kirpan and Gian Chand, A 2, armed with a hockey stick appeared on the scene and they attacked Rajesh Toni, deceased. 1 and 2 certainly discloses that an occurrence had taken place at the same place and at the same time in which Anil Kumar, DW 2, was assaulted and according to Anil Kumar, PW 2 as well as deceased Toni along with Inder Mohan since deceased caught hold of him and assaulted him. The prosecution examined two eye witnesses to prove its case, namely, Parshotam Lal, PW 2, and Bikram Vicky, PW 3. PW 2 was armed with a kirpan and Inder Mohan was armed with a Dang. When the police party reached the hospital, it found that deceased Toni was lying dead. Toni slumped on the road whereafter his father Ram Lal and Rajinder Kumar both number examined rushed him to C.M.C. In the meantime, Anil Kumar, DW 2, nephew of Hem Raj came there with others and assaulted him. The motive for the offence was that during diwali the accused used to indulge in gambling which was opposed by the deceased Toni. On the report of Anil Kumar, DW 2, a criminal case had been registered and after investigation Parshotam Lal, PW 2, and Inder Mohan since deceased put up for trial. Hem Raj, A l and Gian Chand, A 2 are the appellants in this appeal. The defence examined Anil Kumar, who is the son of Gian Chand, A 2, as DW 2 while it examined Dr. Amandeep Singh, DW 1, to prove the medico legal report recording the injuries suffered by DW 2 in that other occurrence. PW 3 the other eye witness is the companysin of PW 2, being the son of his mothers sister. It was also number denied by PW 2 that he was facing a trial on the report made by Anil Kumar, DW 2. It is number in dispute, that Hem Raj, A l, Baldev Raj, A 3 and Hans Raj, A 4 are brothers. PW 2, the informant is the son of the brother of Ram Lal, and Rajinder is his brother. While on this aspect of the matter, we may numberice that in the First Information Report the motive alleged was that the accused persons used to run a gambling den during diwali and that Toni, deceased, had prevented them from doing so which resulted in an assault on Toni, who had suffered injuries. DW 2 also appeared as a witness in defence and stated that on the day of occurence at about 9.00 p.m., when he heard some numberse outside, he rushed out and found PW 2, his brother Inder Mohan and Rajesh Toni present near the shop of Bobby Cassettes. The case of the prosecution is that PW 6, Tek Singh, recorded the statement of PW 2, Parshotam Lal, in the hospital and sent the information given by PW 2, Parshotam Lal, to the Kotwali Police Station where on its basis the formal First Information Report was drawn up. Gian Chand, A 2, assaulted him on his face with his hockey stick while Baldev Raj, A 3, caused an injury on his right hand with his sword. Similarly, Bikram Vicky, PW 3, was declared fit to make a statement at 10.00 a.m. on May 2, 1989. Dr. Inderjit Singh Kochhar, PW 1, performed post mortem examination on the dead body of deceased Toni and from his report it appears that the following injuries were found on the person of the deceased An abraded companytusion 2 x 1/2 on the right side of numbere. PD is a report lodged by PW 2 on November 9, 1988. It was also the case of prosecution that Hem Raj, A l, was really behind this murder. According to the defence, another occurrence had taken place on the same day and at the same time in which Anil Kumar, DW 2, had been injured by members of the prosecution party and he had to be admitted in the hospital with incised injuries. Gian Chand, A 2, is their brother in law being the husband of their sister. It was number the case of the defence that the occurrence took place in the manner alleged by the prosecution and that in that occurrence Anil Kumar had suffered injuries which were number explained. Hospital, Ludhiana. On seeing him, they caught hold of him and PW 2 dealt a kirpan blow on the back of his head. For reasons best known to the prosecution, the prosecution gave up two other eye witnesses who were admittedly present when the occurrence took place, namely, Ram Lal, father of the deceased and Rajinder Kumar. The evidence adduced by the defence showed that another occurrence took place at the same time on the same day in which Anil Kumar, DW 2, was injured and an injury was caused to him by a sharp cutting weapon, which was proved by production of medico legal report by Dr. Amandeep Singh. The evidence on record clearly discloses that the doctor certified PW 2 to be fit for making a statement at 9.00 a.m. on May 2, 1989. Ram Lal, though an injured eye witness, and Rajinder another eye witness have number been examined as witnesses. Similarly, Baldev Raj also made a disclosure statement leading to the recovery of a kirpan. On interrogation, Hem Raj made a disclosure statement pursuant to which a knife was recovered. He had also lodged the report to the Police and PW 2 was facing trial on a charge under Section 324 IPC. A stab wound 1/2 x 2 in the midline of abdomen 2 above the umbilicus. Baldev Raj, A 3, though companyvicted, has number preferred an appeal. There was also companysiderable doubt as to whether the First Information Report was lodged at the time and place as stated by PW 2. The further case of the prosecution is that soon after the occurrence Bikram Vicky rushed to Officer Incharge of the Police Station Kotwali, Ludhiana, namely, Sub Inspector Tek Singh, PW 6, who was then present in front of Society Cinema on routine patrolling duty. If what was stated by PW 6 was true, then the report companyld number have been lodged at about 10.00 or 10.30 in the night of May 1, 1989, but must have been recorded sometime after 9.00 a.m. on May 2, 1989. The case of the Prosecution is that the special report reached the Magistrate at 2.30 a.m. on May 2, 1989. The medico legal report disclosed that DW 2 had been admitted in the Daya Nand Hospital, Ludhiana at 10.30 p.m. on May 1, 1989 with profusely bleeding injury on the occipital region of the skull and the wound was 3 in length with ragged and irregular margins. When he raised an alarm, his brother, Inder Mohan and his wife Rajni came to the place of occurrence and they were also assaulted and the ornaments of his sister in law were snatched. The prosecution case is belied by the documents produced by the prosecution itself. When such an assault took place, members of both sides assembled and there was a free fight in which injuries were caused on both sides. It appears that Ram Lal, the father of the deceased was also injured in the companyrse of the said incident and the trial companyrt, in its judgment, has made a companyment about it. An abrasion 2 x 1/2 on the left cheek. It was a fresh injury caused by a sharp edged weapon like kirpan. That is why, they assaulted him in the manner alleged. The case of the prosecution is that after the occurrence, the accused smashed the doors and windows of several houses in the vicinity. DW 1 stated that Dr. Gupta had left the job and was number traceable. Hospital. All the injuries were found to be ante mortem in nature and in the opinion of Dr. Kochhar, death was due to shock and hemorrhage as a result of injury No. PW 6 further deposed to the fact that he had held inquest over the dead body of the deceased and thereafter sent the body for post mortem examination. He had inspected the place of occurrence and took other steps in the companyrse of investigation. On exploration of this injury, the wound was going downward backward and towards right side after piercing through the muscles. The trial companyrt on a critical scrutiny of the evidence on record came to the companyclusion that the case of the prosecution was doubtful and the eye witnesses examined by the prosecution number worthy of credence. Apart from the three appellants, who have been companyvicted by the High Court, the acquittal of Hans Raj, A 4 was affirmed by the High Court. Similarly the members of the prosecution party are also inter related. Omentun was companying out of the wound. D W 1 stated that he was companyversant with the hand writing of Dr. Gupta with whom he had worked and the report which he produced before the companyrt was in his hand writing. Lacerated wound 1/3 x 1/5 on the tip of the right middle finger. In the meantime, 15 20 persons came from both the sides and there was a free fight between them. 3, which was sufficient in the ordinary companyrse of nature to cause death. Spurring the peritoneum and anterior and posterior walls of stomach and rupturing the right kidney and small intestines. The defence of the accused was one of total denial and they alleged that they had been falsely implicated. The female members of the family of the accused also came there and entered the house and beat his mother and sister. He had become unconscious and he regained companysciousness only the next day in the hospital. All the four accused were arrested in due companyrse and put up for trial. The evidence of DWs. Peritoneal cavity was full of blood. However, the said matter was later companypromised. The companypromise application has been marked as PD/1 and is dated November 12, 1988. The stomach was ill of clotted blood mixed with food material. All the accused were also charged of the offence under Section 120 B IPC and have been acquitted of that charge both by the trial companyrt as well as by the High Court. There was a companyresponding cut on the shirt and Banian. All the appellants have been found guilty of the offence under Sections 323/34 and 324/34 IPC for which they have been sentenced to six months and one year imprisonments respectively. | 1 | train | 2003_658.txt |
3 lakhs transferred by the deceased to his three grand nephews in equal shares was includible in the estate of the deceased that passed on his death? This did number include the sum of Rs.3 lakhs transferred by the deceased to the three grand nephews on 4th October 1952. With a view to give Rs.1 lakh each to his three minor grand nephews three grand sons of his deceased brother the deceased on 4th October 1952 issued a cheque for Rs.3 lakhs in favour of the firm this amount was debited in the account of the deceased in the firm and credited in the accounts of the three minors in equal proportion. The deceased, Sri Bankatlal Lahoti was a partner in the firm of M s Dayaram Surajmal, which carried on business as a Bankers. A. Ramachandran and Mrs. Janki Ramachandran for the Respondent. After the death of the deceased, his widow Smt. The deceased died on 21st February 1956. Godavari Bai as the accountable person filed an account of the assessees estate declaring the value thereof at Rs.2,60,702. The said sum thus transferred to the three nephews companytinued to stand in their respective accounts in the books of the firm till its dissolution on 4th July 1960, whereafter some assets were allotted to each one of them in lieu of the amounts standing to their credit. Substantially the answer thereto depends upon whether sec.10 of the Estate Duty Act, 1953 is attracted to the case or number. 79 NT 1974. C. Manchanda and Miss A. Subhashini for the Appellant. 209 of 1966. The question raised for our determination in this appeal is whether on the facts and in the circumstances of the case the amount of Rs. From the Judgment and Order dated 29.2.1972 of the Madras High Court in Tax Case No. The facts giving rise to the question may briefly be stated. The Judgment of the Court was delivered by TULZAPURKAR, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1986_31.txt |
Enterprises Pvt. 3 Ms. S.N. 3, in addition to investing companysiderable amount of money in the property has also discharged to a great extent the liability of the appellant under the money decree to the bank. 1 against the appellant Amal KumarGhatakon 14 3 1986. It appears that an agreement was entered into between the appellant Amal Kumar Ghatak and respondent No. The submission of the learned Counsel for the appellant is that under the garb of seeking directions for execution of the money decree, respondent No. An ex parte Order was made by the learned single Judge of the Calcutta High Court appointing a receiver on 1 3 1991, in respect of the disputed property, in the proceedings for execution of that decree at the instance of Ms. S.N. The grievance made on behalf of the appellant is that the property in respect of which the receiver has been appointed was number the subject matter of the suit in which the money decree being executed was passed wherein the impugned Orders dated 1 3 1991 and 7 2 1992 by the learned single Judge and the Order dated 15 9 1992 by the Division Bench were made. A money decree was passed by the Calcutta High Court in favour of the United Bank of India, Respondent No. 3 for specific performance of the aforesaid agreement made between the appellant and respondent No. 3 has obtained from the High Court Orders which relate to delivery of possession of the property which was outside the scope of the money suit, apart from being actually the subject matter of the pending suit for specific performance filed by respondent No. 3 against the appellant. That suit is still pending. Ltd. Respondent No. After numberice to the appellant, the learned single Judge companyfirmed that Order on 7 2 1992. 3, which had applied earlier for being added as a party even though the Order for its addition was made subsequently on 17 5 1991. Ltd. according to which the decretal amount was to be paid in the manner agreed therein by respondent No. Ltd., respondent No. The appellant preferred an appeal to the Division Bench which was dismissed by an Order dated 15 9 1992. in the Calcutta High Court. Other terms and companyditions are unnecessary for this appeal. Heard on merits. These Orders have been challenged by special leave herein. Leave granted. | 1 | train | 1993_568.txt |
1184 of 1990. The absence of reasons has deprived this Court of knowing the circumstance which weighed with the High Court to dismiss the writ petition at the threshold. After hearing learned companynsel for the parties and examining the record we are of the opinion that the writ petition filed by the appellants did raise some arguable points and the High Court fell in error in dismissing the same in limine. No reasons have been advanced by the High Court in support of its companyclusions while dismissing the writ petition. The appellants also filed a rejoinder to the companynter affidavit. A Division Bench of that Court dismissed their writ petition in limine on 20 4 1992. To the special leave petitions filed by the appellants, companynter affidavit was filed and certain documents were placed on record. Against the termination of their services by an order of 22 1 1990, the appellants approached the High Court through CWJC No. That order has been put in issue in this appeal. Leave granted. | 0 | train | 1996_1534.txt |
In the rural areas the proportion of private unaided schools is only 9.3 and that of aided schools is 4.7. Part of this increase in private school enrolment has companye about through a decline in enrolment in government aided schools. The statistics would indicate that out of the 12,50,775 schools imparting elementary education in the companyntry in 2007 08, 80.2 were all types of government schools, 5.8 private aided schools and 13.1 private unaided schools. The statistics would indicate that the Government schools have the highest percentage of teachers who are professionally trained at 43.4, followed by aided school 27.8 and unaided private schools only 2.3 . However, the learning achievements are higher in private schools companypared to Government schools. In other words, autonomy in private aided institutions would be less than that of unaided institutions. At an all India level, 72 of children are enrolled in government schools, and about 28 are in private schools. In 1994, nearly 22 of rural children were enrolled in government aided schools. According to the Indian Human Development Survey IHDS , 2005 about 67 of students attend government schools, about 5 attend government aided schools, and 24 attend private schools. However, in the urban areas, the percentage of private unaided and aided schools are as high as 38.6 and 13.4 respectively. Out of the total students enrolled in primary classes in 2007 08 about 75.4, 6.7 and 17.8 are enrolled in government, aided and unaided schools. The growing preference for private schooling and the reliance on private tutoring, has to be seen in the companytext of differences in admission of children in government and private schools. The survey companyducted by IHDS indicates that in 2005 about 21 of rural and 51 of urban children were enrolled in private schools. Almost 87.2 of the schools are located in the rural areas. The total number of teachers working in these schools in 2007 08 was 56,34,589 of which 69.3, 10.4 and 20.7 are teaching in government, aided and private schools, the average number of teachers per school being 3.9, 8.3 and 6.7 respectively. Pai Foundation has also dealt with the case of private aided professional institutions, minority and number minority, and also other aided institutions and stated that once aid is granted to a private professional educational institution, the government or the state agency, as a companydition of the grant of aid, can put fetters on the freedom in the matter of administration and management of the institution. Rights of unaided minority and number minority institutions and restrictions sought to be imposed by the State upon them were the main issues before the Court and number with regard to the rights and obligations of private aided institutions run by minorities and number minorities. The survey further indicates that the children between 6 14 years old, about 40 participated in private sector education either through enrolment in private school 20 , through private tuition 13 , or both 7 . Parliament, it may be numbered, was presumed to be aware of the judgment in Pai Foundation, and hence, numberobligation was cast on unaided private educational institutions but only on the State, while inserting Article 21A. Law Commission was giving effect to the ratio of Unni Krishnan and made suggestions to bring in Article 21A mainly on the basis of the scheme framed in Unni Krishnan providing free seats in private educational institutions. The judgment in Pai Foundation was pronounced on 31.10.2002, 25.11.2002 and Article 21A, new Article 45 and Article 51A k were inserted in the Constitution on 12.12.2002, but the basis for the introduction of Article 21A and the deletion of original clause 3 from Article 21A, was due to the judgment of Unnikrishnan. Pai Foundation also acknowledged that there are large number of educational institutions, like schools and number professional companyleges, which cannot operate without the support of aid from the state and the Government in such cases, would be entitled to make regulations relating to the terms and companyditions of employment of the teaching and number teaching staff. Pai Foundation also acknowledged the rights of the religious and linguistic minorities to establish and administer educational institutions of their choice under Article 30 1 of the Constitution and held that right is number absolute as to prevent the government from making any regulation whatsoever. Casting burden on other students to pay for the education of others was also disapproved by Pai Foundation holding that there should be numbercross subsidy. The judgment in Pai Foundation, after the introduction of the above mentioned articles, was interpreted by various Courts, State Governments, educational institutions in different perspectives leading to the enactment of various statutes and regulations as well, companytrary to each other. A Bench of five Judges was, therefore, companystituted to clarify certain doubts generated out of the judgment in Pai Foundation and its application. By 2005, this declined to a bare 7 in rural areas and 5 in urban areas. The proceeds of the cess are directed to a separate number lapsable fund called Prarambhik Shiksha Kosh PSK , setup by Government of India, to exclusively cater to the elementary education in India. This fund is under the companytrol of the Ministry of Human Resource and Development MoHRD and is typically utilized for its flagship programmes Sarva Sikksha Abhiyaan SSA and the Mid day Meal Scheme MDMS . The Law Commission report, report of the Parliamentary Standing Committee, judgment in Unni Krishnan etc. The above Bill was passed and received the assent of the President on 12.12.2002 and was published in the Gazette of India on 13.12.2002 and the following provisions were inserted in the Constitution by the Constitution Eighty sixth Amendment Act, 2002. The five Judges Bench rendered its judgment on 14.8.2003 titled Islamic Academy of Education and another v. State of Karnataka and others 2003 6 SCC 697. The Bill seeks to achieve the above objects. Convents and Madrasas account for about 1 2. | 0 | train | 2012_159.txt |
It is the case of the appellants that they purchased High Speed Diesel oil for generation of electricity from Indian Oil Corporation Ltd. Hindustan Petroleum Corporation Ltd. through their sales office depots in Rajasthan, which was cleared under heading 27.10 sub heading 2710.90 on payment of central excise duty. The case of the appellants is that the said diesel oil is used as input goods in the said diesel generation set for generation of electricity which is used in the manufacture of final goods or for other purposes in the factory of the appellants. 477 478 of 2003 The appellants are engaged in the business of manufacturing and selling Portland cement and have installed a diesel generating set for generation of electricity for captive companysumption in their factory premises. 476 of 2003 The appellants are engaged in the business of manufacturing and selling Man Made PV Blended Yarn and have installed a diesel generating set for generation of electricity for captive companysumption in their factory premises. 479 of 2003 The appellants are engaged in the business of manufacturing and selling Cotton Yarn and Yarn of Synthetic Artificial Staple Fiber and have installed a diesel generating set for generation of electricity for captive companysumption in their factory premises. The Superintendent, Central Excise Range Beawar vide letter dated 25.6.1997 informed the appellant companypany that the MODVAT credit was number admissible on high speed diesel oil under Rule 57 A of the Rules. But the Assistant Commissioner informed the appellants that after 1.3.1997, MODVAT credit was number available on high speed diesel oil and therefore numberaction companyld be taken on the declaration submitted by the companypany. They submitted a declaration in respect of the diesel as well as oil and lubricants as required under Rule 57G read with Rule 57B of the Central Excise Rules 1944, for short the Rules intending to avail the credit of duty on the said goods inputs on 17/18.3.1997 with the Assistant Commissioner, Central Excise, Ajmer. The appellant companypany submitted declaration under Rule 57 H of the Rules declaring the stock position of HSD oil as on 17.3.1997. 26/27, the entry regarding the explanation of the HSD Oil in the Notification No. After denial of MODVAT credit, the appellant companypany was given a show cause numberice by Superintendent Central Excise Range, Beawar to project as to why the credit given should number be disallowed to the appellant. The issue that falls for companysideration in these appeals is whether the appellants are entitled to credit of duty paid on High Speed Diesel oil at any time during the period companymencing on and from 16th March, 1995 and ending with the day of Finance Act, 2000 which received assent of the President on 1st April, 2000. 5/94 and also the order dated 2.9.1997. They also prayed for companydonation of delay in submitting the declaration. In Civil Appeal No. The said writ petition came up for companysideration before the Rajasthan High Court and by the impugned judgment and order dated 3.4.2002, the writ petition was dismissed. The appellant filed a writ petition in the year 1997 seeking direction to quash the Trade Notice No. In all these Appeals, identical issues are involved and therefore, we propose to dispose of all these appeals by this companymon judgment and order. Dr. MUKUNDAKAM SHARMA, J. Aggrieved by the aforesaid judgment and order, the present appeals were filed on which we heard the learned companynsel appearing for the parties. | 0 | train | 2011_237.txt |
Whether the plaintiff is entitled to damages for valuing the mortgaged properties by the defendants? But the sale which was companyducted by the defendant No. The inventory list of machineries which were in the factory premises was handed over to the defendant No. Is the sale companyducted by the Corporation defendant number 1 in favour of defendant number 2 bonafide and legal one? It was furthermore held The plaintiff is number entitled to decree against bank defendant No. 1,86,934.46 paise be passed against the defendant No. Whether the sale companyducted by the Corporation, defendant appellant, in favour of the defendant number 2 bonafide and legal one, and whether plaintiff respondent is entitled to damages for undervaluing the mortgaged properties by the defendants? on 16.2.83 which were number subject matter of sale to defendant number 2 and on those account defendant number 1 and 2 are liable to pay damages to the plaintiff as claimed by plaintiff. The defendant number 2 had purchased the mortgaged assets of plaintiff only vide Ext. Thus, issue number 4 is decided in favour of plaintiff against defendant number 1 and defendant number 2. The plaintiff may recover the aforesaid amount jointly or severally from defendant number 1 and defendant number 2. To what relief or reliefs, if any, the plaintiff is entitled? Have the defendants taken and removed the movable properties which were number mortgaged to the companyporation illegally and unauthorisedly? Whether plaintiff is entitled for decree as prayed for? The documentary and oral evidences of plaintiff and defendants fully support that inventory Ext. 1 appellant was number companyduct in a proper way and there was companylusion in between the defendant number 1 and defendant number 2, so ignoring all the numberms, the sale was companyducted and as such, both defendant number 1 and defendant number 2 are liable, and, therefore, the learned companyrt below gave a finding against the defendant number 2 holding the defendant number 1 appellant of F.A. The suit for claim of relief number A 1 is dismissed against defendant number 2. The suit is dismissed exparte against defendant number 3. Plaintiff was number informed thereabout. Indisputably, the plaintiff refunded a sum of Rs. Inventory of the articles was also prepared without any representative of the plaintiff. So far as relief A 1 was companycerned, defendant number 1 appellant has been held responsible. Plaintiff thereafter filed a suit being Money Suit No. According to the plaintiff, the said sale was companyducted in a hush hush manner. 1,87,635.24 p One lac eight, seven thousand six hundred thirty five and twenty four paise for claim of relief number A on companytest against defendant number 1 and against defendant number 2 with companyt also with interest at a rate of 12 per annum pendente lite and future till realization. Electrical installation with starter switch Indisputably, in the said factory, the plaintiff had other properties which were number the subject matter of mortgage. 7/4 and hence defendant number 1 and defendant number 2 companymitted a wrong in taking possession of raw materials, finished goods, spares etc. The plaintiff is also entitled for interest at a rate of 13 per annum pendente lite and future till realization. It is furthermore number in dispute that the plaintiff had taken a working capital loan for a sum of Rs. 1,87,635.24 One lac eight, seven thousand six hundred thirty five and twenty four paise by way of damages as detailed in Schedule A of the plaint be passed against the defendant number 1 2. In disposing of the said property, the appellant did number keep in mind the interest of the plaintiff at all. The plea of the appellant that there was numbermovable property in the factory premises was disbelieved. The factory premises was handed over to the respondent No. Singh has admitted in his evidence that numberody was present on behalf of plaintiff at the time of preparation of inventory vide para 13 and 15 and it falsified the written statement of defendant number 2 about presence of Pradeep Modi at the time of preparation of inventory. 1,85,934.46 One Lack Eighty Six Thousand Nine Hundred Thirty Four and paise forty six only for claim in relief number A 1, on companytest against defendant number 1 with companyt along with interest at a rate of 12 per annum pendente lite and future till realization. 1 being the wrongful and deliberate loss caused to the plaintiff as specified in Schedule B, C and D of the plaint. The High Court held that the appellant broke open the door of the factory in absence of any representative of the plaintiff. The plaintiff installed machineries upon companystruction of buildings over the plot. Is the suit as framed maintainable under the law? It furthermore companytended that despite service of numberice upon the Bank the movable properties having number been removed from the factory premises, the appellant was number liable to pay any damages. 22 of 1994 against the judgment and decree of the learned companyrt below that he is number at fault, rather he is at loss on account of the fact that prior to the sale of the factory, some machines had been removed from the factory just before the take over of the factory. The High Court in its judgment framed the following three points for companysideration Whether the appellant removed the movable properties number mortgaged to the Corporation illegally or unauthorisedly? Is the suit bad U s 46 b of the State Financial Corporation Act? 1 intended to set up a factory in the Industrial Area, Kokar in the town of Ranchi. Further, he did number appear or take part in the tender that was opened at the head office of Bihar State Financial Corporation and Bihar State Financial Corporation also when numbertender was filed, should have re issued the tender and from the evidence of the Branch Manager, defendant No. Advertisements were issued for selling the factory on 16.12.1982 and 12.01.1983. In terms of the said deed of mortgage, the plaintiff was required to liquidate the aforementioned amount of loan in fourteen instalments. Indisputably, the properties which were hypothecated to the State Bank of India, respondent No. The learned Trial Judge, having regard to the pleadings of the parties, inter alia framed the following issues Has the plaintiff any valid cause of action for the suit? The suit is decreed for a sum of Rs. Disintegrator without Motor 1 No. 531 of 1993 responsible for the loss of the property as described in Schedule A of the plaint. 2 for which an inventory was prepared on 16.02.1983 which is to the following effect PLANTS MACHINERY 1 312 3 Roller Raymond Mill Plant for Veeorope drive but without Motor and started companyplete with and Air classifier. Jaw crusher without Motor Blower 1 No. The factory started operation from the month of November, 1978. Appellant is a Corporation companystituted under the State Financial Corporations Act, 1951 for short the Act . Inter alia on the premise that the plaintiff failed and or neglected to pay amount of loan in the manner specified, a proceeding in terms of Sections 29 and 30 of the Act was initiated by the appellant on or about 7.12.1981. However, the plaint was later on amended and the following relief was added A decree for a sum of Rs. An agreement was entered into by and between the parties, in terms whereof, the respondent number 1 mortgaged the properties described in Schedules A, B and C thereof in favour of the appellant Corporation, viz.,
the lease hold right over a piece of land admeasuring 0.56 acres at Village Kokar. However, admittedly the factory was closed in March, 1982 for one reason or the other. Thus, it is ordered that the suit be and the same is decreed for a sum of Rs. Various immovable properties including liquid assets and stock were hypothecated in its favour. It, on or about 5.11.1976, for the aforementioned purpose, sought for and was granted loan by the appellant for a sum of Rs. 1,60,000/ from the State Bank of India, Respondent No. B is number a reliable document at all and has number been companyrectly and impartially prepared and it is incomplete. 1 obtained permission from the head office at Patna for approval of sale and in companyrse of time, sale was approved. 1,32,000/ out of the total sum received from the appellant, viz.,
3,34,300/ . 2 herein. A decision was taken to sell the said properties in favour of one Shri Atma Lal Agrawal, respondent No. The interest payable thereupon was 14.25 per cent per annum payable every six months. 9 of 1984 in the Court of Subordinate Judge IV Ranchi wherein originally the following reliefs were prayed for That a decree for the payment of a sum of Rs. 2 and 3, the High Court opined A plea has been taken on behalf of the appellant Atma Ram who has filed F.A. 3 were also lifted without any information to the State Bank of India. The learned Trial Judge held The Branch Manager B.B. However, numberbid was received pursuant thereto and in furtherance thereof. 3.36 lakhs. Appellant in its written statement inter alia companytended that it had exercised its power bona fide in terms of Sections 29 and 30 of the Act. Aggrieved by and dissatisfied with the said judgment and decree, the appellant preferred an appeal before the High Court. A Letters Patent Appeal preferred thereagainst before a Division Bench of the High Court has been dismissed as being number maintainable. The purchaser allegedly utilised the said materials. By reason of the impugned judgment, the said appeal has been dismissed. 3 herein. As regards points No. B. SINHA, J Leave granted. Respondent No. No. | 0 | train | 2008_1832.txt |
After adopting a multiplier of 22 the amount was fixed Rs.6,07,200/ . One Rajveer Singh hereinafter referred to as the deceased died in a motor accident on 29.11.1990. It adopted multiplier of 22 on the ground that the deceased had 22 years of service left. The widow of the deceased and children were awarded Rs.20,000/ towards love and affection, and Rs.5,000/ for funeral rites. Age of the deceased was around 36 years and he is earning monthly salary of Rs.2300/ per month. By the Award made, the Tribunal awarded companypensation of Rs.5,12,000/ to the respondents hereinafter referred to as the Claimants . After taking numbere of personal expenses the loss of dependency was fixed at Rs.1600 per month. The claimants filed a claim petition under the Motor Vehicles Act, 1988 in short the Act . It was further numbered that thereafter the deceased would have got pension. Challenge in this Appeal is to the judgment of a Division Bench of the Allahabad High Court which dismissed the First Appeal filed by the appellant against the Award passed by a Motor Accident Claims Tribunal XII Additional District Judge, Meerut in short the Tribunal. The Corporation questioned companyrectness of the award before the High Court. Though claim of agricultural income was made, the Tribunal did number accept the same. ARIJIT PASAYAT, J. In addition interest at the rate of 12 from the date of application was granted. | 1 | train | 2006_350.txt |
It was held by the learned Single Judge that the appellant herein, while disposing of the criminal case, relied on an inquest report as substantive evidence thereby companymitted a mistake and observed that the appellant did number know the fundamentals of criminal law and also directed that these remarks be companymunicated to the said officer. The accused thereafter preferred an appeal before the High Court and the learned Single Judge, while disposing of the appeal preferred by the accused, made certain observations against the appellant herein. The appellant was formerly a judicial officer in the State of Andhra Pradesh. 2 Aggrieved by the same, the appellant preferred this appeal. The appellant preferred this appeal against an order passed by the High Court. Heard. Leave granted. | 1 | train | 2009_828.txt |
The Custom Officers drew 4 samples from different companytainers and forwarded the same to CIPET at Ahmedabad for testing the samples. Briefly, the facts are as under Respondent importer imported 1485 MT of goods declaring them as Polyethylene Wide Specs US 410 PMT against 13 Bill of Entries. That certificate indicates importation of Polyethylene Wide Specs material on the basis of two relevant factors, namely, Melt Flow Index and Density. C/607/Mumbai. They asked the respondent to produce manufacturers invoice for which the importer expressed their inability to produce the same. The department had some doubts about the genuineness of the value declared by the importer. The query raised by the department with the Institute was whether the subject samples tallied with the Quality Certificate furnished by the respondent. 20222/2006 COMMISSIONER OF CUSTOMS, AHMEDABAD APPELLANT S VERSUS GUJARAT SMALL SCALE INDUSTRIES CORPORATION RESPONDENT S ORDER Lave granted. with the intention to evade duty? That certificate is dated 18th December, 1995 see page 93 of the paper book . IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO 3084 OF 2008 Arising out of SLP C No. At the relevant time respondent was a State Government owned Corporation. This Civil Appeal is directed against the judgment dated 11th May, 2006 delivered by Customs, Excise and Service Tax Appellate Tribunal in Appeal No. | 0 | train | 2008_2730.txt |
Petitions are an off shoot of the Windings of undertrial prisoners at Bhagalpur in the State of Bihar. Petition in this Court in the Writ Petition filed by the blinded prisoners. On that very day, the petitioner was suspended by the Government of Bihar on the ground the he was negligent in providing proper medical aid to the blinded undertrial prisoners inside the Jail and that he had failed to make proper entries in the Jail Register as regards the physical companydition of the undertrial prisoners. The petitioner stated to him that as many as 31 blinded prisoners were brought to the Jail under orders of remand issued by the Magistrate and that they were given medical treatment by the Jail Doctor. On October 26, 1979 a prisoner by the name of Arjun Goswami was sent to the Bhagalpur Central Jail. According to the petitioner, he got a blinded prisoner Umesh Yadav examined by the Jail Doctor, since the report of the doctor was required by the learned District and Sessions Judge, Bhagalpur, in companynection with a bail application filed by the prisoner. Eye sight of both the eyes lost. On October 9, 1980, ten blinded prisoners filed a Habeas Corpus petition in this Court Criminal Writ Petition No. The petitioner disclosed to the Registrar the names of the police officers who were involved by the prisoners as being responsible for their blindings. By his letter dated October 31, 1980 the petitioner, who is respondent 2 in the Habeas Corpus petition, forwarded to this Court the report of the Jail Doctor on the companydition of the eyes of the prisoners. But this much is certain, that six prisoners were thus blinded between A October 1979 and May 1980 and twelve between June 11 and July 25, 1980. Shri R. Narasimhan, Registrar Judicial and Shri Y. Lal, Assistant Registrar of this Court visited the Bhagalpur Central Jail on December 3 and 4, 1980 and recorded the statements of 17 prisoners who were blinded. The companyplaints made by these prisoners unquestionably demanded the most prompt and careful attention. Later, eleven prisoners made similar companyplaints which were for warded by the petitioner to the learned Sessions Judge, Bhagalpur, on July 30, 1980. The method adopted for blinding the undertrial prisoners, as described by the prisoners themselves, was that a takwa a long needle used for stitching gunny bags or a barbers nail cutter or a cycle spoke was poked into their eyes and acid was poured into the eyes, sometimes with the help of a dropper, sometimes with a syringe and sometimes directly from a bottle. From the records of Jail Hospital it is known that he was admitted in Jail Hospital on 8.7.1980 for acid burn injury of both the eyes. These statements show that 15 out of the 17 prisoners were blinded by the police and the remaining 2, whose names appear at Serial Nos. Truth has a strange habit of revealing itself and in spite of the veil of secrecy behind which the Windings of those prisoners lay companycealed or suppressed, this Court and the companyntry awoke one day to the incredible fact that, in Bhagalpur, undertrial prisoners were subjected to the most inhuman torture imaginable their eyes were pierced with needles and acid poured into them. The remaining 2 prisoners were already released and companyld number therefore be examined. Collapse of both the eye balls. The report of the Jail Doctor in regard to one of the prisoners, Anil Yadav, is representative of the companydition of all the eight of them and may be extracted here Presence of old burn scar around both the eyelids of both the eyes and on left cheek. 14 and 15 of the report of the Registrar, were blinded by the members of the public. Sharma, D.S.P., had thrust a long needle in both of his eyes and had poured acid into the eyes. On December 10, 1980 the petitioner filed the main Misc. Petitions, had assumed charge as the Superintendent of the Bhagalpur Central Jail on April 19, 1979. But, instead of directing a full and proper inquiry into the allegations made by the undertrial prisoners, the learned Sessions Judge, on August 5, 1980, sent a companyd and indifferent reply to the petitioners companyering letter, saying that there is numberprovision in the Cr. to provide a lawyer to any person for prosecuting a criminal case as a companyplaint and that the petitions of the prisoners were forwarded to the Chief Judicial Magistrate, Bhargalpur, for needful in accordance with law. The Registrar questioned the Petitioner, Bachcho Lal Das, in Delhi. It may be recalled that this Court by its order dated December 1, 1980 had directed the petitioner, who was then the Superintendent of the Bhagalpur Central Jail, to file an affidavit within two weeks on Points a to d mentioned in that order. On December 1, 1980, the Court the Chief Justice and Chinnappa Reddy, J. , while directing that the prisoners be brought to Delhi the following week and be examined at the Dr. Rajendra Prasad Ophthalmic Institute, New Delhi, passed the following order The report of the doctor which we had called for by our Order dated October 10, 1980 shows that eight out of the ten petitioners before us have lost their eye sight totally or partially. The case made out in that affidavit is that the petitioner failed to discharge his official functions enjoined upon him by Rule 474 1 of the Bihar Jail Manual, in that he did number scrutinise and sign the entries made in the Admission Register maintained at the Central Jail, in order to satisfy himself whether those entries were companyrect and whether the relevant rules in regard to the admission of the prisoners were companyplied with. Whether these barbarous acts were companymitted by members of the public after the prisoners were caught or by the police after they were arrested, is number a matter directly in issue before us. The petitioner Bachcho Lal Das, who has filed these Misc. The other blinded persons appear to have taken a cue from Umesh Yadav and submitted similar petitions for being forwarded to the District and Sessions Judge. The petitioner disclosed to the Registrar that he had made inquiries from Umesh Yadav, who told him that V.K. That application was forwarded by the petitioner to the Chief Judicial Magistrate. On November 20, 1979 he addressed an application to the Chief Judicial Magistrate, Bhagalpur, asking that an inquiry be held into the torture inflicted upon him, especially the blinding of his eyes. On October 10, 1980 a Bench of this Court companysisting of one of us, the Chief Justice , and Justice A.D. Koshal passed the following order in that petition We direct that the petitioners shall be examined by the Jail Doctor forthwith and a report shall be submitted to this Court expeditiously in regard to the allegation in the petition that their eyes have been damaged by certain police officers by putting acid therein. We direct the Jail Superintendent to ensure due and full companypliance with these directions. Petitions filed by the petitioner for quashing the order of suspension, since he alleged which, at first blush, seemed plausible, that he was suspended in order to defeat the order passed by this Court on December 1, 1980. Perception of light and projection of rays absent in both the eyes. He prays that the order of suspension dated December 1, 1980 be quashed, since at was passed by the State of Bihar mala fide with the object of preventing him from filing an affidavit in pursuance of the direction issued by this Court on December 1, 1980. Having companysidered the submissions of the petitioner and those of Shri K.G. Bhagat, who appeared on behalf of the State of Bihar, we are of the opinion that there is numbermerit in the companyplaint of the petitioner that he was suspended on December 1, 1980 in order to prevent him from companyplying with the order passed by this Court on that day and with the ulterior object of defeating that order. Shri Ambika Prasad Poddar, Assistant Inspector General of Prisons, Bihar, has filed an affidavit in this Court, setting out the circumstances in which and the reasons for which the petitioner was suspended by the Government of Bihar. The cause is perforation of eye balls by burn with some companyrosive substance and puncture by some sharp and pointed weapon. The suspension order, according to Shri Poddar, was passed on the basis of the various rules and numberifications governing the companyditions of the petitioners service and was number passed in order to frustrate or defeat the order passed by this Court on December 1, 1980. The report of the doctor will shock the companyscience of mankind. Issue numberice to the State of Bihar asking it to show cause on the petition as also as to why the petitioners should number be released on bail on their personal recognizance. 5352 of 1980 asking that 1 they should be produced in the Court, 2 they should be examined by a Medical Board, 3 they should be paid companypensation for the damage done to their eyes and that 4 the police officers guilty of companymitting atrocities upon them should be suitably punished. The remaining two petitioners have been released and therefore numberreport companyld be sent regarding them. The petitioner appeared in person before us and argued his case at great length. We, however, decided to hear the Misc. These Misc. The report shall be submitted within four weeks from today. We would number have entertained a petition of this nature in the numbermal circumstances, because an order of suspension cannot be challenged in this manner in an incidental proceeding. The greater probability is that these acts may have been companymitted mostly by the police. be listed for hearing after the report is received. We gave him all reasonable facilities to substantiate his companytentions, which he did with the help of the voluminous record prepared by him. The W.P. P.C. | 0 | train | 1982_66.txt |
P.W.1/4. P.W.1/4 2 that Ext. P.W.1/4 for printing. C.W.1/1. C.W.1/1 as the one from which the pamphlet was printed. 1, Nichhatar Singh C.W. P.W.1/4 was put forward by the appellants as the manuscript which was used for printing the pamphlet. C.W. He did number plead that the manuscript which was used for printing the poster, Ext. P.W.1/4 it is to be companycluded on the evidence of Nichhatar Singh and Jathedar Ram Singh taken together that the 1st respondent had companye to C.W.1s press and given Ext. Nichhatar Singh we are satisfied that he is a witness who is anxious to help the 1st respondent and has brought Ext. C.W.1/1 as well as the evidence of C.W.I, Nichhatar Singh, into companysideration we are satisfied that this pamphlet should have companye into existence on the 1st of March. We have also companypared the signature of the 1st respondent in Ext. 1/4 are in the handwriting of Nichhatar Singh 4 that the signature of the successful candidate on Ext. C.W.1/1 into existence for the purpose of helping him. The learned Judge held 1 that he had numberdoubt that the pamphlet was printed from Ext. There is very satisfactory evidence that the poster should have been printed on the 1st of March, 1972. P.W.1/4, was manufactured on a blank paper bearing his signature. 1 produced another manuscript Ext. Even he has put the date on Ext. 1 and Jathedar Ram Singh C.W. There being numbersatisfactory explanation on the part of the 1st respondent regarding the presence of his signature on Ext. 1/1 as 1st of March and his evidence is that it was printed on the 1st of March though he mentions only the name of C.W.2, Ram Singh. C.W.1 /1 by Michhatar Singh and the tape recorded companyversation show an anxiety on the part of 1st respondent to steer clear of his signature on Ext. 1/4 appears to be his 5 that the production of Ext. The publication was sought to be proved by the evidence of C.W.I, the proprietor of the printing press where it was printed, C.W. He also says that he had sent a letter, Ext. 1/1 had been manufactured for the purpose of this petition 3 that the figures 20 x 305000 on Ext. P.W.1/4 6 that this anxiety companyld be because he had in fact signed such a poster as it was number his case that he ever signed any blank paper and 7 that he was number, however, sure of the existence of the poster. There is also a tape recorded companyversation between the 1st respondent and Bhagwant Singh, the husband of the 2nd respondent, who was also her companynsel in the election petition, from which the 1st respondent tried to make out that he was wholly unaware of and surprised at his signature in Ext. The 1st respondents case was one of companyplete denial of the allegations in the petition regarding the printing of the poster. After carefully going through the evidence of C.W.I. On the other hand the printer, C.W. C.W.1/1, which, as the learned Judge himself holds, has been brought into existence for the purpose of this petition bears that date. He did number even plead that the pamphlet must or might have been brought into existence by the petitioners or the 2nd respondent after the date of the poll for the purpose of the election petition. 2 in whose name it was printed as well as of P.W.1. This letter has been received by the Sub Divisional Magistrate, Miss Deol on 12th March. R.W.5/1, to the Sub Divisional Magistrate. The evidence of R.W. Whether that letter was sent on the 1st of March, as is spoken to by him, or on the 5th of March, the date which it bears, does number affect the substance of the question. 5 was relied upon to prove that the pamphlet was sent to the Sub Divisional Magistrate as required under Section 127A of the Representation of the People Act and received by her on the 12th March. His main argument before this Court was that the whole thing has been brought about by companylusion between the 2nd respondent, Bedi Raghbir Singh P.W. P.W. Though he admitted his part in the companyversation it would number be admissible in evidence because he was number examined as a witness. Answers favourable to the petitioners had to be extracted out of his unwilling mouth by cross examination. 2. | 1 | train | 1975_73.txt |
and after deducting 1/3 for development charges awarded Rs.46/ per sq. The Land Acquisition Officer awarded Rs.30,000/ per acre. On reference, the Additional District Judge, Nizamabad had enhanced the companypensation at Rs.63/ per sq. On September 22, 1976, the petitioner claimed companypensation Rs.300/ per sq. Hyderabad, Petitioners land in an extent of 7 acres 25 guntas situated in Nizamabad town was acquired by the Government to provide house sites to the poor by publication of the numberification under Section 4 1 of the Land Acquisition Act, 1894 for short, the Act . As per the law then existing, it was number necessary for landlord to examine the witnesses companynected with the sale deeds Exhibit A 21 and A 22 relied on and accepted by reference Court which were proximate to the point of time and adjacent to the land offering companyparable rate to award companypensation. Shri Prakash Reddy in his usual thorough preparation and vehemence companytended that the Division Bench was number right in refusing to remit the matter to the Court for fresh trial. by his award and decree dated June 25, 1986. The petitioner questions the companyrectness of the judgment and order dated August 30, 1995 made in Appeal No.6/87 by the Division Bench of Andhra Pradesh High Court. | 0 | train | 1996_1928.txt |
Pursuant to the direction of the Constitution Bench companytained in its Judgment dated September 9,1994, the bail petition was posted before us on 21st September, 1994. | 0 | train | 1994_1068.txt |
This appeal is directed against the final judgment and order dated 12.07.2004 passed by Signature Not Verified Digitally signed by ANITA MALHOTRA the High Court of Judicature at Bombay in Writ Date 2018.08.10 171409 IST Reason Petition No.7518 of 2002 and the judgment and order dated 11.12.2006 in Review Petition No.2982 of 2006 whereby the High Court dismissed the Writ Petition and also the Review Petition filed by the appellant herein. Abhay Manohar Sapre, J. Submission of learned companynsel for the appellant was essentially one. | 1 | train | 2018_407.txt |
184 of 1959 . 183, 184 of 1959. 183 of 1959 . 184 of 1959 and Respondent No. 183 of 1959 and respondent No. 184 of 1959 against the said decree. 183 of 1959 and the second defendant filed Civil Appeal No. The first defendant duly paid the freight and took delivery of the companyl but by some mistake the cess payable as surcharge on the three companysignments was number recovered from the first defendant at the time of delivery of the goods. Under Ordinance No. 1 of 1957, a suit filed by the Union of India, owing and representing the Central and Western Railways Adminis trations, Now Delhi against the said defendants for the recovery of companyl cess amounting to Rs. 149 of the Limitation Act and that the defendants were liable to pay the cess and decreed the suit. On January 1, 1947, February 1, 1947 and February 7/9, 1947, the second defendant, namely the Amalgamated Coal fields, despatched by rail to the first defendant three companysignments of companyl from Junner Deo to Indore. 39 of 1944, the Central Government was authorised to levy and companylect as a cess on all companyl and companye despatched from companylieries in British India a duty of excise at such rate, number exceeding Rs. The freight for the three companysignments was payable at the destination station i. Indore. In exercise of the power companyferred on the Central Government under s. 5 of the Ordinance, the said Government made rules and r. 3 thereof, the duty of excise imposed under the Ordinance on companyl and companye shall, when such companyl and companye is despatched by rail from companylieries or companye plants, be companylected by the Railway Administration by means of a surcharge on freight, and such duty of excise shall be recovered either from the companysignor or the companysignee, as the case may be. The first defendant filed Civil Appeal No. Under s. 55 5 of the Indian Railways Act the Railway Administration can recover the freight or any balance thereof left unrecovered by way of suit. On April 15, 1953, the Union of India,, representing the Central and Western Railways I Administrations, filed Civil Suit No. The defendants inter alia pleaded that the levy was illegal and the suit was barred by limitation. 126 of 1953 in the Court of the Civil Judge, II Class, at Chhindwara, for the recovery of the said cess. The said points are 1 Coal cess is a fee and number a tax or duty and 2 the first defendant i.e., the companysignee, was a number resident and, therefore, the Ordinance number having extra territorial operation companyld number reach him. These two appeals by certificates are filed against the judgment and decree of the High Court of Madhya Pradesh, Jabalpur, by the two defendants in Civil Suit No. CIVIL APPELLATE JURISDIICTION Civil Appeals Nos. 214 of 1954. V. Vinwnatha Sastri and J. The High Court withdrew the case and took it on its own file for trial on the ground that important questions of interpretation of the Government of India Act, 1935, and the Constitution were involved, and it was numbered as Civil Brit No. K. Daphthary, Solicitor General of Y. Kumar and P. D. Menon for respondent No. 81 4 0 and companyts. 1 4 0 per ton. Appeals from the judgment and decree dated September 5, 1954, of the Madhya Pradesh High Court in M.C. 1 on 1957. The High Court held that the suit was within time under Art. In C. A No. 2 in C. A. February 27. B. Dadachanji for the appellant in C. A. The Judgment of the Court was delivered by SUBBA RAO, J. Sen and I N. Shroff for the appellant in O.A. The material facts may be briefly stated. No. case No. in both the appeals . | 0 | train | 1962_382.txt |
By means of the aforesaid 11th Amendment, sub rule 3 has been inserted after sub rule 2 of Rule 46 A of the Tripura Sales Tax Rules, 1976, for short Principal Rules , sub rule 1A has been inserted after sub rule 63A 1 , sub rule 2 in Rule 63A has been substituted in place of old sub rule 2 of the principal Rules and Rule 64A has been substituted for the old sub rule 64A. By a reasoned order, the learned Single Judge was pleased to dismiss the writ petition of the appellants, except the challenge to the validity of Rule 63A 2 of the principal Rules. The appellant Association which is doing the business of transporting goods within and outside the State of Tripura, is aggrieved by the judgment of the Gauhati High Court dismissing the writ Appeal challenging the companystitutional validity of the Tripura Sales Tax 11th Amendment Rules, 1994, for short the Rules and Sections 29, 32 and 36A of the Tripura Sales Tax Act, 1976, for short the Act including numberifications dated 23rd September, 1994 and 15th October, 1994. However, the challenge made by the appellants regarding companystitutional validity of Section 36A, which requires a carrier to maintain proper accounts of goods transported to or outside Tripura in the manner prescribed, was number entertained by the learned Single Judge. The resultant effect of such amendment is that the appellants, who are working as Transporters in Tripura, are required to obtain a Certificate of Registration and to companyply with various other formalities as prescribed under the Act and the Rules, viz.,
to maintain accounts according to the prescription made by the respondents under Section 36A of the Act for carrying on transport business while entering into or going outside the State of Tripura including making the declaration in Form XXIV, which is challenged to be beyond the legislative companypetence of the State Legislature and ultra vires the Constitution offending Articles 14, 19 1 g , 246, 265, 286, 300A and 301 of the Constitution of India. The challenge is based on the ground that the appellants are Transporters and are number dealers within the meaning of Section 2 b of the said Act, hence obligation cast on them under the Act and Rules are beyond the legislative companypetence of the State legislature. In appeal before the Division Bench, though foundation was laid but specific prayer for declaration of Section 36A as ultra vires was number made due to inadvertence, hence the appellants sought amendment to the prayer at the appellate stage which was granted, accordingly it was incorporated at the appellate stage. MISRA, J. Aggrieved by the same, the present appeal is filed. The Division Bench also dismissed the appeal of the appellants. Leave granted. | 0 | train | 1998_1269.txt |
Meghana went to Indore to the appellants residence for delivery of the child. Therefore, giving priority to the welfare of minor child, it is advisable to give custody of minor child Anagh to the respondent, where she will be looked after well by respondent and his family members. The respondent had also companytended that after the child was brought to the residence of the appellant he was repeatedly requesting the appellant and her family members to hand over the custody of the child to him, since the appellant is unable to take care of the welfare of the minor child. The Court has also taken numbere of the fact that the child Anagh is taken care of by appellants brother in law, who has two grown up children, and therefore, it cannot be said that the respondent will number be in a position to take care of the welfare of the child. The Respondent herein filed an application under Guardian and Wards Act before the Family Court, inter alia asserting that being the father of the child Anagh, he is her natural guardian and therefore, entitled to the custody of the child. In support of the claim made, the respondent had asserted before the Family Court that Anagh was number properly looked after by the appellant and it was perilous for the child to companytinue in the custody of the appellant. In a nutshell, her claim before the Family Court was that it is number companyducive for the welfare of the child to be in the companypany of the respondent. After discharge from the hospital, the infant was brought to the residence of the appellant, and she was named Anagh. By the impugned judgment, the High Court has directed that the custody of the child be handed over to the respondent father. In the reply filed, the appellant had companytended, that, the respondent had number companye to see his daughter even once when the child was in the intensive care unit in the hospital. The facts of case in brief are the respondent Rajiv Baijal, had got married to the appellants daughter Meghana on 16.01.1998 and lived together in Pune Maharashtra . The Family Court, Indore in its order dated 18.3.2004, has observed that, it cannot be companycluded that the respondent although has borrowed money from several persons, will number be in a position to bring up her daughter and bear her educational expense. It was also companytended that the financial position of the respondent is number good and he had taken loans from several persons, and in order to repay the same, on many occasions, he had asked for financial help from the appellant and her family members. Appeal No.750 of 2004. Add to the agony, just in a span of two months, appellant lost her husband also on 29.07.2001. 750 of 2004 dated 03.08.2007. She had further companytended that the respondent is living separately from his parents and he has to be away from his home town most of the time in a month in view of the nature of the job he is involved in. L. Dattu,J. Aggrieved by the said order, the appellant had carried the matter to the High Court, by filing Misc. This appeal is directed against the judgment and order passed by the High Court of Judicature at Indore in Miscellaneous Appeal No. Leave granted. | 1 | train | 2009_2032.txt |
The Sub Divisional Officer examined the records and companycluded that they are entitled to protection under Section 5 of the Adhiniyam because the sale deeds executed by them in favour of Jai Kumar Jain fall in the category of prohibited transactions within the meaning of Section 4 of the Adhiniyam. The appellants filed petitions under Section 5 of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambhandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976, for short the Adhiniyam and claimed relief under Section 7 of the Adhiniyam by asserting that they belong to the category of weaker section of the backward caste that they borrowed amount from Jai Kumar Jain husband of respondent No.4 herein and executed sale deed of land measuring 1.32 and 2.57 hectares respectively as security for return of the borrowed money that they have repaid the loan within one year but instead of canceling the sale deeds, Jai Kumar Jain, in companynivance with the revenue authorities, got the name of his wife, Smt. Respondent No.4 challenged the order of the Sub Divisional Officer by filing appeals under Section 8 of the Adhiniyam, which were allowed by the Collector on the premise that the appellants do number belong to weaker section. C No.12082 of 2004 were holding 1.32 and 2.57 hectares of land respectively. The Collector observed that the Sub Divisional Officer did number companyduct enquiry in accordance with Section 6 of the Adhiniyam and held that he companyld number have nullified the sale deeds on the basis of preliminary enquiry. While allowing the appeals filed by respondent No.4, the Collector held that the provisions of the Adhiniyam are number applicable to the appellants herein but he did number assign any reason for recording that finding. The writ petitions filed by the appellants against the order of the Collector were dismissed by the learned Single Judge who companyfirmed the finding of the Collector that the provisions of the Adhiniyam are number applicable to the cases of the appellants herein. 2/ 2 The Sub Divisional Officer, before whom petitions were filed issued numberice to respondent No.4, heard the parties and passed order dated 22.6.1999 whereby he declared the sale transactions as null and void under Section 7 of the Adhiniyam and directed the companycerned Patwari to delete the land which was subject matter of sale deeds from the land record of respondent No.4 and include the same in the land record of the petitioners appellants herein . Sampat Bai, mutated in the revenue records. C No.3193 of 2004 and S.L.P. In the opinion of the learned Single Judge, the appellants do number belong to the weaker section because they were number wholly dependent on agriculture. We have heard learned companynsel for the parties and perused the record. The learned Single Judge of the High Court companyfirmed the order of the Collector by relying upon the statement made by the appellants herein in which they are said to have admitted that apart from doing agricultural operations, they were having a shop, floor mill, a motorcycle, buffalos and other animals. The revenue records produced before the Court shows that the appellants in civil appeals arising out of S.L.P. Writ appeals preferred by the appellants were dismissed by the Division Bench. Hence, these appeals by special leave. Leave granted. | 1 | train | 2009_1511.txt |
Jessica Lal since deceased and one Shyan Munshi were in charge of the bar. Jessica Lal and Shyan Munshi did number oblige him by providing liquor since the bar was closed. Beena Ramani, who was present, stopped the appellant and questioned him as to why he had shot Jessica Lal. Jessica Lal fell down as a result of the shot which proved fatal and she died. For rejecting ocular evidence of PW6 Malini Ramani and PW20 Beena Ramani, companyent and companyvincing reasons have been recorded by the trial Court. PW2 Shyan Munshi had expressly stated that shots were fired by two persons and appellant accused was number one of them. According to the learned companynsel, Beena Ramani PW20, was number an eye witness. According to the prosecution, the appellant got enraged on refusal to serve liquor, took out his .22 pistol and fired two rounds, first into the ceiling and the second at Jessica Lal. Neither PW1 Deepak Bhojwani, Nor PW2 Shyan Munshi, number PW3 Shiv Dass Yadav, number PW4 Karan Rajput were eye witnesses. The trial Court acquitted the accused holding that it was number proved by the prosecution that the accused had companymitted the offence with which he, along with other accused, was charged. Shortly stated, the case of the prosecution was that on April 29 30, 1999, a party was organized at Tamarind Cafi inside Qutub Colonnade. The High Court observed that it has numberhesitation in holding that the appellant was guilty of an offence punishable under Section 302 read with Sections 201 and 120B, IPC and also under Section 27 of the Arms Act, 1959 for having companymitted murder of Jessica Lal on April 29 30, 1999 at Tamarind Cafi and ordered him to undergo rigorous imprisonment for life and also imposed sentence for other offences. She also demanded weapon from the accused but the accused did number handover pistol and fled away. It was the allegation of the prosecution that appellant Sidhartha Vashisht Manu Sharma along with his friends came there and asked for liquor. With regard to the other two accused, however, the Court held that they were guilty for companymitting an offence punishable under Sections 201 and 120B, IPC. On April 2, 2007 when the matter appeared on Board, the Court passed orders of bail in respect of other accused, but in the instant case Crl. The present application is filed by the appellant accused under Section 389 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Code for suspension of sentence pending appeal in this Court and to release him on bail. Since an appeal against an order of companyviction and sentence recorded by the High Court of Delhi is admitted by this Court and awaits final hearing, we will number enter into larger questions and deal with the present application for suspension of sentence and bail. It was a private party where certain persons were invited and liquor was served. According to the assertion of the prosecution, several persons witnessed the incident. 1775 of 2007 , the Court fixed final hearing of the matter. On March 7, 2007, the appeal was admitted and numberice was issued on application for bail. At the trial, more than 100 witnesses had been examined. Report of ballistic expert does number support prosecution and on that ground also, the trial Court was right in passing the order of acquittal. The appellant applicant approached this Court by instituting an appeal under Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 as also under Section 379 of the Code. The State preferred an appeal against an order of acquittal recorded by the trial Court. K. THAKKER, J. FIR was lodged, a case was registered and investigation was carried out. Counsel appeared on behalf of the respondent and accepted the numberice. M.P. The appeal was placed for admission. No. | 0 | train | 2008_901.txt |
On January 30, 1960 one Father Antoine solemnised the marriage of the parties at the Church of St. Ignatius, Calcutta. It was further held that the, marriage had been solemnised by the proper priest after a dispensation had been obtained from the authorities of the Roman Catholic Church removing the impediment of companysanguinity. Further the marriage was void because the parties were within the prohibited degree of companysanguinity. The companyversion to Christianity as also the performance of the ceremony of marriage were all attributed to fraud, companyrcion and undue influence practised by the respondent. It was claimed that the appellant was a minor at the time the marriage was solemnised and the companysent of her father or her guardian was number taken number did she give her own companysent freely to the marriage. He gave his own version as to how the intimate relationship between the parties came to be developed and how the marriage was ultimately solemnised. The respondent who was originally a Hindu had got companyverted to Christianity and professed the Roman Catholic faith. He did number accept the case of the appellant hat any fraud, companyrcion or undue influence had been practised or employed by the respondent or that Father Antoine had been guilty of giving fraudulent advice to the appellant. 17 of 1966 filed by the appellant against the respondent for a decree declaring that the marriage between the parties was null and void and asking for custody and care of the children. It does number appear from the judgment that the point relating to invalidity of the marriage on account of absence of companysent of the father or the guardian of the appel lant was argued or decided by the, learned trial judge. It was alleged, inter alia, that it was under duress, intimidation and undue influence that the sexual relationship started between the appellant and the respondent which ultimately resulted in the appellant companyceiving a child. The appellant who was also a Hindu got companyverted to that faith and was baptised on January 29, 1960. The learned trial judge came to the companyclusion that the appellant and the respondent fell in love with each other which led to their marriage. Vidya Dhar Tilak and K. Rajendra Chowdhry, for the appel lant. It appears that prior to January 30, 1960 they had sexual relations as a result of which the appellant became enciente pregnant . On May 10, 1960 the first child, a daughter, was born to the appellant. The appellant and the res pondent are close relations their mothers being real sisters. She gave birth to a second child, also a daughter, in October 1961. All these allegations were denied by the respondent. This is an appeal by special leave from a judg ment of the Calcutta High Court arising out of a matrimonial suit No. It would appear that the appellant left the home of the respondent in the year 1965 and the action out of which the appeal has arisen was filed in July 1966 on the original side of the High Court. 115 of 1968. In the petition a number of allegations were made relating to the companyduct of the respondent. It was dismissed by Mr. Justice Ghose and the appeal under the Letters Patent was also dismissed by the Division Bench. Appeal by special leave from the judgment and order dated July 18, 1969 of the Calcutta High Court from Original Decree No. The respondent appeared in person. 8 N of 1971. The Judgment of the Court was delivered by Grover, J. 12 4 The facts may first be stated. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1972_392.txt |
28/22. 28/22 was Khasra No. 28/22 old Khasra No. 28/22 to respondent No. 28/22 the original khasra No. 28/22, which was included in Laldora companysequent to the amendment of the Scheme of companysolidation. This Killa No. This land was included in Laldora. 28/22 within the extended phirni has been given to the appellants on the ground that Killa No. 28/22 within the extended phirni as a result of the amended Scheme of companysolidation companyfirmed on 12.8.1991. 28/12, 28/19 and 28/22. 324 had been included within the extended phirni in the original scheme of companysolidation. 28/22 actually formed the pre consolidation Khasra No. This land was included in the phirni Laldora when the original Scheme of companysolidation came into force in the year 1987. 324 as it was allotted to him in lieu of inclusion of his land No. 3 in lieu of Killa No. The said land was included in the phirni Laldora when the original Scheme of companysolidation was brought into force in the year 1987. 3 purchased the land Killa No. 4 sold his land in Killa No. 679 during repartition in lieu of Khasra No. 1244, which was included in Laldora area. It was further explained that the benefit of Beshi Phirni had to be given to the previous original bhumidars and that the respondent No. The Consolidation Officer, in the companyments offered by him to the revision petition, stated that the Beshi Phirni as a result of the inclusion of Killa No. Thereafter, he sold his land Killa No. He got the benefit of inclusion of this land in the extended Laldora and was allotted three times area of agricultural land of the pre consolidation area companyprising of three field numbers given new Killa numbers during the repartition, namely, 28/12, 28/19 and 28/22 pre consolidation field No. 4 had availed the benefit in lieu of inclusion of his land field No. The only point that arises for determination is whether the appellants are entitled to the benefit of allotment of Beshi Phirni area as a result of inclusion of Killa No. By the amended Scheme of companysolidation the Laldora was extended by inclusion of land measuring 56 bighas and 6 biswas companyprised in various field numbers including No. The appellants were original bhumidars of land bearing Khasra No. 324 from the date they got the land field No. As on the date of approval of the amended Scheme of companysolidation the respondent No. As per the Scheme he was allotted three times area of agricultural land in lieu of field No. 1244 in the Laldora the Consolidation Officer, by his order dated 25.3.1992, allotted equal area forming Killa Nos. 4 had already taken benefit of the inclusion of his land in Field No. 324 , of which the appellants were bhumidars. 4 became the owner of the Killa No. It is thereafter the land bearing Khasra No. 679, which they accepted in lieu of the land No. 324 was allotted to respondent No. 324 in village Alipur. 4 was right holder of the land in field No. 1244 at Alipur at the time of companymencement of the operation of companysolidation. 28/22 measuring 4 bighas and 9 biswas in the year 1988 to Gautam Jain, respondent No. 324 after accepting the plot No. 679 in lieu of it as stated above. However, in cases the right holders who have transferred the land after repartition under section 21 1 of the Act, the benefit of Beshi Phirni shall accrue to the purchaser. 4 in lieu of his plot No. The area so allotted was companyprised in field Nos. 4 in this appeal, was right holder of land in field No. 324 earlier, i.e., pre consolidation field number. 3 filed a revision petition before the Financial Commissioner, Delhi under Section 42 of the East Punjab Holding Consolidation Prevention of Fragmentation Act, 1948 for short the Act , making a grievance that the Consolidation Officer had companymitted an error in number extending the benefit of Beshi Phirni to him by number allotting him three times of the value of his land included within the phirni as per the amended Scheme. 324, which was in their bhumidari. The companysolidation proceedings were started in village Alipur under the Act in the year 1987. 324 each measuring 4 bighas and 9 biswas. From the events mentioned above, it is clear that the appellants ceased to be the bhumidars of the field No. The Financial Commissioner in his order, looking to the Hindi version of the amended Scheme Annexure P 1 , has observed, thus This companytroversy is set at rest by the reading of the Hindi version of the amended scheme of companysolidation, which amplifies the position. 3 was number entitled to such benefit as he had purchased the land in question, which was mutated in his name much after the formation of the original Scheme. Learned senior companynsel for the appellants, on the basis of the amended Scheme issued under Section 36 of the Act Annexure P 1 translated version , urged that the appellants being old bhumidars were entitled for the benefit as a result of inclusion of the land Kila No. 3 purchased the said land much later. Accordingly he was put in possession of the said lands during the repartition proceedings in the year 1987. 4,5 and 6 had been allotted plot No. The Scheme was amended on 24.7.1991, i.e., long after the respondent No. 1244 of the said village. The Scheme of companysolidation prepared under Section 19 of the Act was companyfirmed under Section 20 of the Act by the Settlement Officer on 24.7.1987 in respect of the said village. 3 was owner of this land having purchased it under registered sale deed from respondent No. Consequently, allotment of plot No. It is also number the case of these respondents that Khasra No. Pursuant to their application the appellants were allotted plot No. In particular, he drew our attention to the portion in Annexure P 1 While allotting plots the right for allotment would be of the old bhumidars only if their names are mentioned in the list. 679 became final. 102/19 and 102/20 to respondent No. The respondent No. 3 is number the old bhumidar. 3 in the year 1988. Thereafter, in the year 1988 the respondent No. Thereafter, respondent No. Further, respondent No. The learned Financial Commissioner, after elaborately companysidering the respective companytentions of the parties in the light of the material placed before him, allowed the claim of respondent No. Thus, the respondent No. They did number raise any objection against this allotment. The appellants being aggrieved by the said order of the Financial Commissioner filed the Civil Writ Petition No. Here, in this case, admittedly the respondents No. 3 by order dated 23.10.1992. One Dinesh Kumar, respondent No. Shivaraj V. Patil, J. In view of the companyments the appellants were impleaded as parties to the revision petition. 3 herein. It is better to numberice material events to appreciate the respective companytentions. By the impugned judgment the Division Bench of the High Court, agreeing with the findings recorded by the learned single Judge affirming the order of the Financial Commissioner, dismissed the appeal. Thereafter, the appellants filed the Letters Patent Appeal No. According to him respondent No. Since respondent No. Consequently the writ petition was dismissed. 468 of 1999 before the Division Bench of the High Court. Learned single Judge of the High Court by a detailed and well companysidered order did number find any merit in the writ petition. 68 of 1993 before the High Court. Hence this appeal. | 0 | train | 2004_1000.txt |
He claimed that substitute Invigilators were appointed in accordance with the rules and in view of the request made by the Chief Invigilator, the Superintendent P Section had instructed him to do so. Therefore, he again companytacted the Superintendent of P Section for appointment of substitute Invigilators. The Superintendent then asked the appellant to post five persons to assist the Chief Invigilator. While he was posted in P Section of the Commission, which deals with the appointment of Invigilators and Chief Invigilators for various examinations, the Commission issued Notification dated 8.8.1989 for holding companypetitive examination for direct recruitment of Assistant Surgeons. Some of the persons named in the list informed the Chief Invigilator on telephone that they were unable to assist him. Khader Baig, Office Assistant of Commissions Office to the Examination hall unauthorisedly. A.Savariar, Assistant, P Section who was in charge of appointment of Chief Invigilators and Invigilators for the companyduct of Main Written Examination relating to the post of Assistant Surgeon in the Tamil Nadu Medical Service for the year 1989 90 had served appointment order to Thiru. The substratum of the main allegation leveled against the appellant was that he had unauthorisedly issued order of appointment to R. Mahalingam, who was on leave, to act as an Invigilator at Bharathiar Arts College for Women and appointed Asir and Khader Baig as substitute Invigilators despite the fact that their names were number included in the list furnished by the Collector of Madras. Shri Syed Abdul Kareem, who was appointed as Chief Invigilator at Bharathiar Government Arts College for Women, North Madras, examination centre, met the Superintendent of Section P on 15.2.1990 and requested him to appoint some other person as Chief Invigilator by saying that he was suffering from heart ailment. The latter supplied the list of five persons including S Shri Asir School Assistant , Khader Baig Officer Assistant and R. Mahalingam to Syed Abdul Kareem to work as substitute Invigilators. R. Mahalingam, who was on leave, to act as an Invigilator at Bharathiar Arts College for Women, Madras without obtaining the orders of the Officer in charge of the Section. That, he has unauthorisedly issued orders of appointment as Invigilator to one Thiru Asir, School Assistant, Government Training School, Madras for Assistant Surgeon examination held on 17.02.1990 and 18.02.1990 at Bharathiar Arts College for Women, North Madras though his name was number included in the list furnished by the Collector of Madras. When the candidates pointed out this discrepancy, the Chief Invigilator immediately instructed to take back the question papers of the afternoon examination and issue the question papers meant for morning examination. On behalf of the Commission oral evidence is said to have been adduced to substantiate the allegations leveled against the appellant but neither the report of the Enquiry Officer number the orders passed by the Controller of Examinations or the Chairman of the Commission make a mention of that evidence and numbere of them relied upon the same for recording a finding that the appellant had arrogated to himself the powers of his superiors and unauthorisedly appointed Invigilators. He observed that number examination of the Chief Invigilator, the Section Superintendent and the companycerned Under Secretary was inconsequential that the enquiry was held in accordance with the prescribed procedure and that the principle of proportionality cannot be invoked in the appellants case simply because he had unblemished service of 17 years. For the proved charges, Thiru A. Savariar, Assistant is dismissed from service from 25.3.1991 afternoon. The two other allegations leveled against the appellant were that he had unauthorisedly produced office numbere dated 17.2.1990 in the Court and went to the examination hall by neglecting his office work. The main written examination was companyducted on 17.2.1990 and 18.2.1990. In the examination held on 17.2.1990, some six question papers of the afternoon examination were found mixed up with the morning question papers. The appellant joined service under the Tamil Nadu Public Service Commission for short, the Commission as Junior Assistant w.e.f. That, he unauthorisedly went to the examination hall without any reason or orders by neglecting his office work for which he obtained permission to work on the holiday i.e., 17.02.1990 . The Enquiry officer has held all charges excepting charges 2 and 5 as proved beyond doubt and charges 3 and 5 as number pressed. He then companysidered the record and agreed with the Controller of Examinations that the appellant was guilty of misconduct and four charges were rightly found proved against him. The Enquiry Officer appointed by the Commission submitted report dated 31.12.1990 with the finding that Charges No.1, 2, 4 and 6 have been proved against the appellant. He has had the audacity to produce certain documents from the office to the companyrt unauthorisedly. That, he deputed by orally instructing Thiru. The Controller of Examinations, who was holding charge of the post of the Secretary accepted the enquiry report and sent a companyy thereof to the appellant to enable him to make representation against the findings recorded by the Enquiry Officer. When the Superintendent expressed his inability to accede to his request, Shri Sayed Abdul Kareem asked for the list of persons who were to assist him. I entirely agree with the findings of the Enquiry officer. The Controller of Examinations rejected the appellants reply and dismissed him from service vide order dated 25.3.1991, the operative portion of which reads as under I have carefully and thoroughly examined the charges framed against the individual, the explanation given by the individual, the report of the enquiry officer and the defence statements of the individuals. I hold charges 1,2,4 and 6 and as proved and charges 3, 5 as number pressed. That, he has arrogated to himself the powers of an officer and has functioned in a highhanded manner. As a matter of fact, Enquiry Officer simply referred to the statement of the appellant, analysed the same and companycluded that Charges No. That, he has produced in the Court while filing a petition for anticipatory bail the office numbere requiring him and certain other staff to attend office on 17.02.1990 without the knowledge of the office. The Commission took serious view of the matter and on the basis of preliminary investigation done by the companycerned officers, departmental proceedings were initiated against the appellant under Rule 17 b of the Tamil Nadu Civil Services Classification, Control and Appeal Rules for short, the Rules on the following charges That Thiru. reproduced from the SLP paper book The departmental appeal filed by the appellant was dismissed by the Chairman of the Commission. The charges are really grave in nature. Hence, there appears numberscope to show any sympathy on the individual and any leniency shown to the individual will only amount to abetting with such undesirable staff in their misconduct and ran indiscipline. The public interest has number only suffered by such misconduct, but serious attempts have been made to cut at the very roots of the integrity of the Commission as a whole. The appellant filed reply dated 22.6.1990 and denied the allegations leveled against him. Thereupon, he was given a list of 19 persons. 1, 2, 4 and 6 have been proved against him. The delinquent has acted in a high handed manner arrogating to himself the powers of his superiors. The appellant filed detailed submissions dated 4.2.1991 and reiterated that he had number companymitted any misconduct. 1.9.1973. These appeals are directed against judgments dated 28.2.2008 and 4.2.2010 of the Full Bench and the Division Bench respectively of the Madras High Court whereby the appellants challenge to the order of the learned Single Judge was negatived and his dismissal from service was upheld. Thereafter, the matter was placed before the Division Bench, which held that the order of punishment was number vitiated due to violation of the rules of natural justice. It is highly irregular to produce an official record in the Court without the sanction of the companypetent authority. Writ Petition No.18836/1994 filed by the appellant for quashing the orders passed by the Disciplinary and the Appellate Authorities was dismissed by the learned Single Judge. S. Singhvi, J. This incident was reported in the newspapers. | 0 | train | 2013_94.txt |
The MACT awarded total companypensation of Rs.1,47,209/ . MACT awarded Rs.5,000/ as companypensation for hospitalization, special diet, attendant and transportation. Thus, the total companypensation came to Rs.1,47,209/ with interest at 7.5. As permanent disability of the limb had been assessed at 60, it awarded Rs.1,20,000/ as companypensation for permanent disability based on the reasoning in Piara Singh Ors. The appellant claimant, Sant Singh, on 8.11.2004, was going to Dera Bassi from Chandigarh as a pillion rider on the scooter No. PB 03 E 4525 came from the Dera Bassi side in a rash and negligent manner and struck the scooter. Thus, it awarded an overall enhancement of Rs.15,000/ , which it felt would make the companypensation just and reasonable. It also awarded Rs.22,209/ for companyt incurred in purchase of medicines. The appellant was admitted in Civil Hospital, Dera Bassi and thereafter was referred to PGI Chandigarh, where he was hospitalized for 11 days. The appellant filed a claim petition before the MACT under section 166 of the Motor Vehicles Act, 1988 claiming Rs.5 lacs as companypensation along with 24 interest. Still dissatisfied with the companypensation awarded by the High Court, the appellant filed the present appeal before this Court. As a result of the companylision, Nahar Singh and the appellant fell down and sustained multiple injuries. Aggrieved with the award of the Tribunal, the appellant appealed to the High Court of Punjab and Haryana for enhancement of companypensation and interest. CH 01 P 7028 driven by one Nahar Singh, at about 1.30 PM, when the first respondent driving Tata 709 No. CZCVI 2 2007 2 PLR 143 PH . The appellant fractured his left leg below the knee and both the bones of his right leg. MACT held all the respondents to be jointly and severally liable to pay the said amount to the petitioner. Keeping in view the facts and circumstances of the case, the High Court was of the opinion that the amount of companypensation awarded was number sufficient under the different heads for the injuries suffered and treatment received by the appellant. The appellant companytended that the Tribunal had companypletely failed to companypensate him for loss of future earnings for which multiplier method was to have been applied as per the Second Schedule to section 163A of the Motor Vehicles Act. v. Satpal Kumar Ors. The appellant was 48 years of age on the date of the accident and claimed to be working as a Work Munshi and earning Rs.4000/ p.m. Further, the appellant companytended that he was entitled to interest 9. GANGULY, J. In the case of United India Insurance Co. Ltd. etc. Having heard the parties and on perusal of evidence on record, we are of the opinion that the appeal of the appellant deserves to be allowed. Leave granted. | 1 | train | 2011_944.txt |
The order of assessment was passed on 2.8.1973 beyond four years from the last day of the assessment year 1968 69. The assessment order was passed on 3.8.1973 beyond four years from 31.3.1969 which was the last day of the assessment year 1968 69. Warangal the assessee filed an appeal before the Sales Tax Appellate Tribunal, Andhra Pradesh at Hyderabad in Tribunal Appeal No. Aggrieved by the assessment order which had been passed beyond the period of four years from the last day of the assessment year the assessee filed an appeal before the Assistant Commissioner CT Appeals, Warangal in Appeal No. The Tribunal allowed the appeal and set aside the assessment holding that the assessment had been passed beyond time. 1982 of the Andhra Pradesh High Court in Tax Revision Case No. Aggrieved by the decision of the Tribunal the State of Andhra Pradesh filed a Revision Petition in Tax Revision Case No. In respect of the assessment year 1968 69 the assessee filed an annual return under the provisions of the Central Sales Tax Act, 1956 on 19.8. Against the order passed in that appeal the assessee filed an appeal before the Sales Tax Appellate Tribunal, Andhra Pradesh in Tribunal Appeal No. Aggrieved by the assessment order which had been passed by the assessing authority the assessee filed an appeal before the Assistant Commissioner CT Appeals, Warangal on the ground that the asssessment order passed beyond four years from the last day of the assessment year was barred by time. The High Court by its order dated October 26, 1982 set aside the order of the Tribunal and also the assessment on the ground that the assessment which had been passed after four years from the last day of the assessment year was number a valid assessment. 4448 of 1985. The assessee thereafter filed a revision petition in Tax Revision Case No. The assessee in Civil Appeal No. 205 of 1985 on the file of the High Court of Andhra Pradesh. For assessment year 1968 69 the assessee filed its return relating to the quarter ending 31.3. ,
969 on 7.8.1969 before the Commercial Tax Officer of Mahboobnagar under the Central Sales Tax Act, 1956 even though the last date for submission of return prescribed by law was 24.5. 4448 of 1985 is M s. Nav Swadeshi oil Mills, Jadcharla, Mahboobnagar district. 694 of 1986 is M s. Nav Swadeshi oil Mills and Refinery at Jadcharla. 23 of 1978 before the High Court of Andhra Pradesh. From the Judgment and order dated 31.7.1985 of the Andhra Pradesh High Court in Tax Revision Case No. The return filed by the assessee showing a taxable turnover of Rs. Aggrieved by the decision of the High Court the State of Andhra Pradesh has filed this appeal by special leave. 205 of 1985. The said question relates to the time within which an assessment can be made under the provisions of the Andhra Pradesh General Sales Tax Act, 1957 hereinafter referred to as the Act where the return is number filed by the dealer within the time prescribed in that behalf. 18,25,410.72 was accepted and it was called upon to pay sales tax of Rs.45,424.48 under the Act. Against the order of the Assistant Commissioner CT Appeals. 694 of 1986. That Revision Petition was dismissed in limine by the High Court. 206 of 1977. 5 75 76 and that appeal was dismissed on 14.9.1976. 183 of 1977. 23 of 1978. V.S.N. 1969 after the expiry Of the prescribed period. WITH Civil Appeal No. CIVIL APPELLATE JURISDICTION Civil Appeal No. That appeal was dismissed. That appeal also was dismissed. From the Judgment and order dated 26. The question of law which arises in these two appeals by special leave being a companymon, they are disposed of by this companymon judgment. Chari for the Appellant. Ramachandran for the Respondents. The Judgment of the Court was delivered by VENKATARAMIAH, J. | 1 | train | 1987_575.txt |
per seer in excess of 16 seers and 12 seers respectively. per seer of green leaves plucked by the labourers. per seer. per seer for leaves plucked by them in excess of the 16 seers and 12 seers respectively. per seer of green leaves plucked by them. 12/ per day to the male labourers for 16 seers of green leaves and as. I I per day respectively for the work load or task of 16 seers for male labourers and 12 seers for female labourers and extra wages at the rate of 6 ps. 8/ per day for plucking 16 seers of green leaves and for female labourers at as. per seer of leaves plucked by them in excess of those quantities. per seer for green leaves plucked in excess of those quantities. 11/ per day to the female labourers for 12 seers of green leaves and extra wages at the rate of 6 ps. 6/ per day for plucking 12 seers of green leaves. The labourers companytended that the existing work load or task at the date of the said numberification was 16 seers for male labourers and 12 seers for female labourers and they were entitled to such extra payment at the rate of 6 ps. II per day for female labourers and that the labourers were, therefore, entitled to extra payment for green leaves plucked by them in excess of 16 seers and 12 seers respectively at the rate of 6 ps. As regards the second objection, he came to the companyclusion on the evidence recorded before him that there was a work load or task of 16 seers for male labourers and 12 seers for female labourers in respect of the daily basic wages of as. 12/ per day were fixed as the basic wages for the male labourers and as. per seer unless the green leaves plucked by them exceeded 24 seers and 22 seers respectively, thus maintaining their old standard of payment on the basis of 6 ps. 12/ per day for male labourers and as. Prior to the fixation of the minimum wages companysisting of basic wages and dearness allowance as aforesaid, the labourers engaged in plucking tea leave, in these tea estates used to be paid basic wages for male labourers at as. This was the work load or task in respect of which the basic wages of as. If the labourers plucked larger quantities of green leaves they used to be paid by way of ticca extra wages at the rate of 6 ps. 4/ per day in the case of male labourers and as. 51 per day in the case of female labourers and they claimed that the managers of the tea estates should pay them the basic wages of as. 6/ respectively were paid to these labourers apart from the dearness allowance in addition to such basic wages. Even after the fixation of the minimum wages by the said numberification, the managers of these tea estates companytinued to pay to the labourers wages at the rate of 6 ps. II per day as the basic wages for the female labourers, refused to make any extra payment to them on the basis of 6 ps. 6/ respectively earned by them before the fixation of the minimum wages by the said numberification, that such work load or task was the basis of the fixation of the minimum wages companysisting, inter alia, of the basic wages of as. Adult female. It may be numbered that the payment of basic wages on the above companyputation also worked out at the rate of 6 ps. 20 3 to the managers, of the tea estates for payment of the difference between the minimum wages fixed by the Government and the wages actually paid to them from March 30, 1952, which was the date from which the numberification came into force. The managers of the estates companytested these applications mainly on two grounds viz.,
1 that the applications were number maintainable under s. 20 of the Act, and 2 that there was numberfixed workload or task in respect of plucking for earning daily basic wages before the introduction of the minimum wages. 8/ and as. The Deputy Commissioner, Sibsagar, who was the authority appointed under the Act to hear the claims arising out of the payment of less than the minimum rates of wages to these labourers, entertained the applications, recorded evidence and heard arguments addressed to him by both the parties. 16 years above 16 years above Basic D.A. 226 challenging the orders of the first respondent Shri B. L. Sen, Deputy Commissioner, Sibsagar, whereby he allowed the applications filed on behalf of the labourers employed in the Teok Tea Estate and the Dalim Tea Estate under section 20 of the Minimum Wages Act, 1948 Act XI of 1948 , hereinafter referred to as the Act. The existing tasks and hours of work may companytinue until further orders. ORDINARY UNSKILLED LABOUR Adult male. 44/51, dated the 16th April, 1952, the said Government introduced the Minimum Wages Rules which, inter alia, provided Rule 24. By numberification No. As regards the first objection, he held that, if the applicants version was true there was a clear case of payment of less than the minimum wages fixed by the Government and the applications were maintainable under s. 20 of the Act. Number of hours of work which shall companystitute a numbermal working day. 2 of the said numberification, the last sentence ran as The existing tasks and hours of work shall companytinue until further orders. 12/per day and as. of Assam As.12/ As.6/ 1 /21 As. The number of hours which shall companystitute numbermal working day shall be a in the case of an adult, 9 hours subject to a maximum of 48 hours in a week By another numberification No. The managers of the estates thereupon filed applications under Art. 11/ As. 226 of the Constitution before the High Court of Judicature in Assam raising the same companytentions which had been negatived by the Deputy Commissioner, Sibsagar. 352/51 dated May 12, 1952, the said Government explained that the word may mentioned in the numberification dated March 11, 1952, will have the force of shall . This claim of theirs was the subject matter of the applications filed on their behalf before the Deputy Commissioner, Sibsagar, under s. 20 2 of the Act. There was a difference thus in payment, of as. On March 11, 1952, the Government of Assam, in exercise of the powers companyferred by s. 3 read with sub s. 2 of s. 5 of the Act issued the following numberification No. These rates are exclusive of companycessions enjoyed by the workers in respect of supplies of foodstuffs and other essential companymodities and other amenities which will companytinue unaffected. Purshottam Tricumdas and Naunit Lal, for respondent No. Naunit Lal, for respondent No. 147 and 148 of 1952, K. Dophtary, Solicitor General of India, P. K. Goswami, N. Mukherji and B. N. Ghosh, for the appellants in both appeals. 280/56. BasicD.A.Total. 352/51/56. 133 1 c of the Constitution are directed against a judgment of the High Court of Judicature in Assam dismissing the appellants application under Art. SCHEDULE. Appeal from the Judgment and Order dated July 7 1953, of the Assam High Court in Civil Rules Nos. Total. The Judgment of the Court was delivered by BHAGWATI J. ,These two appeals with certificates under Art. Rest Rs. 279 and 280 of 1955. They, however, in view of the fact that as. 5 Valley. The applicants asked for directions under a. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 2 in A. December 21. I in both Appeals. No. | 0 | train | 1956_97.txt |
P.W. Gangamma P.W. Ganga P.W. Chennabasappa P.W. At about 3.30 p.m. the deceased returned and told P.W. There he learnt from Krishna Naika P.W. Pawar, P.W. G. Sangaiah P.W. 2 have been identified by P.W. The deceased took the postal bags from the post office for delivery to the Mail bus. On July 21, 1967 at about 10 a.m. the deceased received the postal articles from P.W. M.O. Thinking that the deceased might have been unavoidably held up somewhere P.W. The deceased, Govindappa resident of Kommanal village in Shimoga Taluk worked as Extra Departmental Delivery Agent in the postal department. On July 23, P.W. A request was made by P.W. On July 22, 1967 P.W. As the deceased had been in the service of the post office for nearly 32 years, P.W. At about 3.30 p.m., according to P.W. 9, the brother of the deceased, has also stated about the quarrels between the deceased and his wife. This report was sent because, according to P.W. This witness used to visit Laxmammas shop when he was working at Kommanal and he also knew the deceased. I reported to the Postal Inspector, Shimoga Circle about the disappearance of the deceased exhibit P 1 is this report. 2 wife of the deceased Govindappa and her mother Gangamma accused No. Sulochana, an eleven year old daughter of the deceased, appeared as P.W. 3 took the pate Shankargowda, P.W. 8 , the wife of the brother of the deceased who lives in a portion of the same house in which the deceased lived. I informed the Postal Inspector of the steps taken by him in his search for the deceased. According to him the duties of the deceased were to bring the postal bags from the M.M.S. 1 , Khakhi half pants M.O. The appellant told the witness that he had killed the deceased with the sickle matchu given by the wife of the deceased and that the same had been thrown away by him in a bush. 5 is also proved by W. 1 to have been delivered to the deceased The two postal acknowledgments entrusted to the deceased with the registered articles Ex. 1, the deceased had gone to the post office and taken the postal bags to be delivered to the Mail Bus, M.M.S. 1 as the uniform given to the deceased. 1 to deliver the postal articles to their respective addressees. This evidence leaves little doubt that the skeleton was of the deceased. The deceased used to deliver postal articles in two groups of three villages each on alternate days. 2, neither the wife of the deceased number anyone else from the village had reported to the police about the disappearance of the de ceased While investigation into the fact of disappearance of the deceased pursuant to this report was going on, it appears that Bheema Naika, P.W. The Postal Inspector was asked to visit Kommanal for making the necessary arrangements. 18 and M.O. After having waited for another day on July 24, 1967 P.W. The duplicate keys of these locks were, however, available with P.W. The following morning, August 4, 1967, P.W. 10 worn by the deceased and as he took it into his hands, a pair of small keys M.O. 15 that on July 21, 1967 the deceased had delivered to him. Bus on the main road in the morning at about 8.30 a.m. and after the bags were opened by P.W. I went to the house of the deceased but did number find him there. For the present we are leaving out of companysideration the evidence of Ganga P.W. 825/Udipi and the visit book had number been returned by the deceased to the post office. The Khakhi shirt, Ex. 9, the brother of the appellant who was also at the bus stop that evening saw the deceased and the appellant travelling in the same bus. At about 4.30 p.m. he would return to the post office to take the postal bags to the Mail Service Bus. There he companylected four Panchayatdars and examined Laxmamma, the wife of the deceased. He also saw near the dead body Khakhi shirt O. The trial companyrt was number favourably impressed by the testimony of Ganga P.W. 1 for, delivering them to the addressees in, villages Kittadal, Kunchenhalli and Bikkonahalli. But on this point the testimony of Dr. Shambulingaswami, Assistant Surgeon, Mccann Hospital, Shimoga P.W. He had also told the witness that he would again try to companytact Krishna Naika and Halla Naika of Kittadal for delivering the registered articles. 8 and banian M.O. In so far as the question of identity is companycerned, there can hardly be any doubt that the skeleton was that of the deceased. 2 on July 26, 1967 and he visited Kommanal on July 27, 1967. Those steps included the inquiries made by him from the addressees of the registered letters which had been delivered by the deceased. P 3, to the Sub Inspector of Police, Kasaba Police Station, Shimoga, attaching with it a companyy of the report of P.W. MO 3 of the locks of the post boxes at Kunchenhalli and Somanakoppa have also been identified and proved by P.W. has stated that she saw the deceased on Friday evening at about 4.30 p.m. with the appellant going from their house towards the post office building. On reaching the Korakalu which was about 2 1/2 ft.
deep, the witness saw the dead body of Govindappa. On going closer, he saw, what appeared to him to be, a human skeleton with Khakhi half pants, khakhi shirt and belt and a pair of chappals. The dead body was lying flat on its back and the witness observed injuries on the neck, face and chest of the deceased. He was attached to the post office at Kommanal and was in companymon parlance called a postman. 1 in addition to his own duties performed those of the deceased as well on that day. We number turn to the extra judicial companyfessions of the appellant and his companyduct on the day following the disappearance of the deceased. 16 has also deposed that he saw Govindappa and the appellant delivering the mail bags to the bus after they had taken companyfee in the hotel near the bus stop that evening. 1 also worked as Branch Postmaster in Kommanal, and was called Extra Departmental Postmaster. 1 resident of village Abbalagere worked as an Assistant School Teacher in Kommanal. 7 , a plaster belt M.O. From this evidence the motive on the part of the appellant to do away with the deceased is obvious. 1 for the appointment of someone in place of the deceased so that the registered articles received on the 24th and 25th July, 1967 be ,delivered to their respective addressees. On their way through the forest by the side of the hill they met one Sivappanavar Basappa P.W. 1 went to village KittadaJ to inquire about the delivery of the registered articles to the addressees. On Saturday following the day when the deceased had disappeared, in the early hours of the morning a little before sunrise the appellant went to the house of the witness in Bodekanna companyony near Kommannal and woke him up. Two days prior to the disappearance of my brother there was a bitter quarrel between A2 and himself. 4 though it felt companyvinced that on the day following the disappearance of the deceased he had knowledge both of the companymission of the offence and of the place where the dead body was lying. 3 , resident of Kommanal while grazing his cattle near Ayanoor forest sensed some foul smell from a spot near Korakalu. All these articles were recovered from near the dead body. During that quarrel, Govindappa questioned A2 how Al remained under his roof and that she fed him and that by the time he returned, there was numberhing left for him. The appellant then pulled the red waist thread M.O. The pate then reported the matter to the Sub Inspector of Police, Shimoga Taluk Ex. Bus Service. for the murder of one Govindappa, a village postman and was awarded capital sentence. 10 and stated that on Friday, the day her father disappeared, at about 4.30 p.m. he left the house to deliver the mail bags. The articles to be delivered included two registered letters addressed to Krishna Naika and Halanaika of Kittadal. 1 that the addressees, having gone to their fields, were number in the village, and that he would again try to deliver the. A suggestion was thrown that, the dead body might have been bitten by wild animals. The appellant was companyvicted by the Sessions Judge, Shimoga, under s. 302, I.P.C. As they reached the main road the appellant warned the witness number to disclose to anyone what he had seen and learnt, otherwise he was threatened with the same fate as the deceased had met. He further stated that the spinal companyd must have been cut and companypletely severed because the two pieces M.O. The three questions requiring companysideration by us relate to the identity of the dead body represented to be of the deceased, the cause of the death and whether the appellant has companymitted the murder. Six villages were, attached to this post office. On being questioned by the companyrt the doctor replied that at least two blows must have been given to the deceased, one on the nape of the neck and the other on the left cheek. 3 A were numbericed by the witness. He has deposed My brother and his wife A2 were often quarreling bitterly. We will deal with that witness a little later Turning to the question whether the deceased died a natural death or his death was homicidal, Dr. Ramu, Associate Professor of Forensic Medicine , Bangalore Medical College, was required to examine this question and the skeleton companycerned was forwarded to him. registered articles to them. The same day he submitted his report, Ex. A2 never served him food. The quarrel resulted in severe beating of A2 by my brother. 456/Udipi, and RL No. His report Ex. When my brother used to go away without food, I used to invite him to take his food. 1 and the half pant Ex. So saying he threw away the thread, the keys and a talisman O. 6 and the two duplicate keys Exs. This suggestion was denied by the witness who replied that the gnawing by the wild animals would result in irregular surface which was number the case in respect of the bones sent to him. P 11 Investigation then appears to have started for establishing the identity of the dead body, the cause of his death and, if his death was companysidered to be homicidal, who was the offender. When Dr. Ramu appeared as a witness he was cross examined by the companynsel for the, appellant. The appellant desired the witness to accompany him to find the lost purse. 1, and also a companyy of the statement of LaxmaMma. The fracture of bones caused by wild animals trampling on them was also stated by the witness to be different in nature from the fractures which were found in the present case. Some doubt was sought to be created on the question whether the bones found at the spot were those of a human body. The demeanor of this witness was described by the trial companyrt as natural. 4 and the oral companyfession made by the appellant to this witness. 2 , a pair of chappals O. As the witness began to tether his bullocks the appellant went to, his fathers house nearby. The visit book Ex. After picking up some papers the appellant and the witness started on return journey. After, a short while the appellant returned and told the witness that the previous evening he had gone to the field of one Mahadevappa and had lost his purse companytaining Rs. Directing the witness to keep a watch from a higher elevation the appellant cut some branches of the trees and after companylecting some twigs companyered the dead body with them. It also upheld his companyviction under S. 201, I.P.C. A2 replied that he earns and supplied the provi sions and therefore she was feeding him whereas he Govindappa did number supply the provisions and companysequently she did number look after him. But this differences as to time, in the opinion of the trial companyrt, was due to the fact that the witness had numberprecise idea of time. The appellant, according to this witneSS, had taken up a companytract of uprooting plants and trees so as to render the land cultivable. This report reached the Inspector S.W. The appellant was tried, along with Laxmamma accused No. At about 5 p.m. the appellant took an axe from her mother and proceeded towards the Post office. The witness also refuted the suggestion that the base of the skull in question companyld have been fractured by a violent fall. the registered article at about 6 p.m. W. 15 on being questioned by the companyrt gave the time of delivery to be about 4 p.m. This report is dated August 30, 1967. He got frightened and reported to the village patel about what he had seen. He was also held guilty of an offence under s. 201, I.P.C. 26 is clear and it establishes beyond doubt that the bones found were those of a human being. At about 8 p.m. the appellant returned home. lie used to companyplain to his wife that she was number companyking food at the proper time. A2 in turn used to reply that he was number supplying her with provision and therefore he companyld number expect her to companyk food in time. The distance between the two villages is 1 3/4 miles. As it was late in the evening the patel did number go to the spot that day. In this appeal with, special leave the appellant challenges his companyviction and sentence under s. 302, I.P.C. The High Court of Mysore companyfirmed the companyviction and sentence under S. 302, I.P.C. but set aside the sentence on this companynt observing that when a person is companyvicted both under S. 302 and s. 201, I.P.C. CI 15 pertaining to the delivery of RL No. The appellant remarked that those were number the keys he wanted. Al used to carry the goods back to Komminal from Nyamathi. 4 is a nephew of the appellant, being the son of his elder brother. The injury on the base of the skull, he companytinued, must have been the result of a very hard blow and this was by itself sufficient in the ordinary companyrse of nature to cause death. After companyering some distance the appellant threw away the papers in a bush. As a result of the investigation the three accused persons, as observed earlier, were sent up for trial. S. Javali and S. P. Nayar, for the respondent. The doctor was clearly of opinion that the injuries caused to the bones sent to him for examination were ante mortem and number postmortem. the following opinion I am of opinion that a all the bones sent are of human origin and appear to belong to the same individual b the bones belong to a male c the age of the person is between 25 35 years d the height of the person is about 5 feet 6 inches one inch e the cause of death is due to external violence f the time since death is about 4 8 weeks from the date of examination. 18 a were companypletely severed and this result companyld number have companye about without the spinal companyd being cut. 13 on whose enquiry as to what had brought them there so early, the appellant replied that he had some work in the fallow land of Mahadevappa . It was further reported that the receipts L11 Sup. That companyrt did number rely on his testimony in regard to the extra judicial companyfession because it was companysidered incredible. 1. The appellant was at that time carrying an axe on his shoulder. M. K. Nair, for the appellant. in this report all the relevant facts were stated. I had looked at those registered letters and left instructions for their production when required. 1 did number suspect his bona fides. The Judgment of the Court was delivered by Dua, J. it is undesirable to pass separate sentence for both offences. 12 and some others to the spot and showed them what he had seen. He did number return to duty thereafter. 11 which was also found there. That was after Ugadi of last year. Appeal by special leave from the judgment and order dated July 17, 1969 of the Mysore High Court in Criminal Appeal No. 2 of 1968. 245 of 1969. P 20 records. The prosecution story may number be stated. 111 of 1968 and Criminal Referred Case No. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 10 . 200/ . and sentenced to rigorous imprisonment for 7 years. O. | 0 | train | 1970_39.txt |
A 1 and B 1 were in kanam kuzhikanam right. The kanam amount or the kanartham under Ex. Exhibits A 1 and B 1 read together show that both the transactions were kanam kuzhikanam. A 1 and B 1 were styled kanam deeds. Instead, they described the transactions as kanam kuzhikanam and the amounts paid to the transferees as kanartham. B 1 dated March 27, 1900 were kanam kuzhikanam transactions, or whether they created usu fructuary mortgages. B 2, B 5, B 8, B 9, and B 10 executed between 1921 and 1944 all recited that Exs A 1 and B 1 were kanam kuzhikanam transactions. Thus, all the companyditions of kanam kuzhikanam mentioned in the main part of s. 2 23 were satisfied. after the expiry of 24 years until payment of the kanam amounts and the value of the trees planted by them. The transferees were entitled to appropriate the income of the lands in lieu of interest on the kanam amounts and to hold the lands even. A 1 and B 1 created usufructuary mortgages. Both Exs. Significantly, the parties did number describe the transactions to be a mortgage, otti, panayam or a kyvasam panayam. We agree with the Courts below that the transactions were kanamkuzhikanam and were number usufructuary mortgages. Exhibits A 1 and B 1 did number purport to be and were number transactions for securing debts. 5,000/ and under Ex. The respondents claimed that they were kanam kuzhikanamdars and entitled to fixing of tenure under s. 21 read with s. 3 15 of the Malabar Tenancy Act, 1929 Madras Act 14 of 1930 . A 1 dated March 26, 1900 and Ex. Both the transactions involve or may involve transfer of possession on payment of money by the transferee, set off of profits against interest and retention of possession until repayment of the money. The subsequent documents, Exs. A 1 was. The transfer was for the enjoyment of the lands with the standing trees and for the purpose of planting fruit bearing trees thereon. The appellants sued for redemption and recovery of the suit lands alleging that Exs. The question in this appeal is whether Ex. 567 of 1964. During the pendency of this appeal, the Kerala Land Reforms Act, 1963 Act 1 of 1964 came into force. 243 of 1955 M .
R. Gokhale and A. G. Puddissery, for the appellants. Ram Reddy, K. P. Madhava Menon and A. V. V. Nair, for respondents Nos. On appeal, the Kerala High Court affirmed this decree. Appeal by special leave from the judgment and decree dated June 22, 1961 of the Kerala High Court in A. S. No. The trial Court upheld the respondents companyten tion and dismissed the suit. The Judgment of the Court was delivered by Bachawat, J. 2 to 13. CIVIL APPELLATE JURISDICTION Civil Appeal No. The appellants number appeal to this Court by special leave. | 0 | train | 1966_121.txt |
Ratan Singh P.W. P.W. 3 Bharatibai as well as to Gumba P.W. 2 Surjabai was the one which was taken by Ratan Singh P.W. 1 to Molgi. 3 Bharatibai is a companyplaint which was prepared at about numbern by Police Patil Gumba P.W. She thereafter sent for Gumba P.W. 1 went to the village Molgi where there was a police out post alongwith Detka P.W. 2 there was a document prepared by Gumba P.w. Thereafter P.W. 8 about the incident, Surjabai narrated the whole story again before Ratan Singh P.W. They also sent for Detka P.W. Then according to Bharatibai W. 3 there was a document which was prepared by Gumba at about 12.00 Noon which he took to Molgi and lodged it with the Molgi police out post. The companyplaint referred to by P.W. 1 to Molgi where the police out post was situated. Immediately thereafter Police Patil Gumba had gone to lodge a companyplaint. A close examination of the above evidence shows that according to Surjabai P.W. 1 Ratan Singh alongwith the out post khabar to the Police Station at Dhadgaon. Surjabai has stated in the companyrse of her deposition that she had told the Police Patil that she wanted a companyplaint to be lodged, thereafter the Police Patil wrote something and that writing was taken by Ratan Singh P.W. Gumba W, 5 who is a former Police Patil denies that Surjabai W. 2 had told him to go and lodge a companyplaint. He has stated that he had received information about the murder in the morning, he did number go to lodge a companyplaint as Detka W. 9 was the Police Patil and that when Surjabai narrated before Police Patil Detka the particulars of the incident, he asked Police Patil Detka P. W. 9 .
that he should go to lodge a companyplaint. 5 and lodged by him at Molgi at about 12.00 numbern long before the arrival of Ratan Singh at the scene of occurrence. It is further stated that Surjabai, Gumba, Bharatibai and the two servants, Bapu and Arshya and some others went to the place where the dead body of Prabhat Singh was lying. She has also stated that she had instructed the Police Patil and others that numberody should go to lodge a companyplaint till the arrival of her son, Ratan Singh P.W. They returned at about 12 Noon after filing companyplaint at Molgi. 2 and Bhikji accused No. He says that he reached Molgi at about sun set time but the khabar report. 1 who reached that place by 5.00 P.M. and thereafter he and Ratan Singh went to Molgi police out post where the head companystable prepared the occurrence report. She is stated to have disclosed all the particulars relating to the incident on the morning of March 27, 1974 to Bharatibai P.W. 8 to go to a village called Nala gavi where her son, Ratan Singh P.W. Ratan Singh, according to the prosecution, reached the place at about 5.00 P.M. On being informed by Bamanya P.W. This companyplaint cannot be the same which is referred to earlier because the earlier companyplaint according to P.W. 9 who was the Police Patil at that time. Van Singh Sarpanch and Tap Singh had gone alongwith Police Patil to lodge companyplaint. 28 of 1970 is filed by two appellants Ramji Surjya Padvi and Bhikji Surjya Padvi accused Nos. 9 Detka says that he went to the place of occurrence at about 1.30 P.M. On March 27, 1974 where the dead body was Lying and he stayed there awaiting the arrival of Ratan Singh P.W. It is stated that she sent another servant of hers Bamanya P.W. 4 are the sons of Surjya Tulya Padvi accused No. Thereafter she went to her village in the early hours of March 27, 1974 and narrated the incident to her daughter in law Bharatibai P.W. It is stated that she mentioned the names of the four accused as the assailants to P.W. 1, 3 and 4, Damji, Surjya and Bhikji caught hold of Prabhat Singh and Ramji accused No. 5 in the morning of March 27, 1974.
companytaining the information given by her which was later on taken by Ratan Singh P.W. Ratan Singh is stated to have hired a jeep and gone to Dhadgaon and reached that place at about 2.15 A.M. On March 28, 1974. 1 who is stated to have given that khabar says that he reached Molgi at about 8.00 or 8.30 P.M. and gave the information companytained in the khabar report. 36 prepared by the head companystable at Molgi shows that the khabar was given to him at 21 hours i.e. 36 in the prescribed form and sent P.W. It is the case of the prosecution that during the last week of March, 1974, the deceased Prabhat Singh and his wife, Surjabhai P.W. 1, Damji and accused No. I to 3 on the evening of March 28, 1974 accused No. 1 , Ramji accused No. On March 26, 1974 at about 9.00 P.M. when Prabhat Singh was Lying on a company inside the hut, Surjabai was sitting outside near an agiti in which she had kept fire and was warming herself. Accused Nos. 1 and accused No. 2 and accused No. At that time accused No. 5 who was formerly the Police Patil of her village and narrated before him the incident in which her husband had been killed. W. 13 prepared the out post khabar Exh. 9.00 P.M. On March 27, 1974. In the month of March, 1974, one Prabhat Singh the deceased a resident of Mojapada which is a hamlet of Bhagdari village within the limits of Dhadgaon police station had grown watermelons on a portion of the bed of the Mothi Nadi river near the village, Veri. 3, Surjya had died. The facts of the case are these Damji accused No. Surjabai out of fear went near a big stone in a nearby hillock and companycealed herself behind it. 9 and orally mentioned to the Head Constable by name Keval Bedse P.W. The learned Sessions Judge who tried the case disbelieved the case of the prosecution that Surjabai was an eye witness of the occurrence and acquitted the accused. This happened according to him at about 2 P.M. On March 27, 1974. It is the case of the prosecution that at that time, the four accused persons referred to above came there and when they were questioned by Surjabai, they told that they had companye to smoke tobacco. 10 at 2.15 A.M. On March 28, 1974. The first information stated to have been recorded by the police under section 154 of the Criminal Procedure Code is stated to be the one taken down at the Police Station at Dhadgaon Exh. Thereafter the police Sub Inspector came to the spot on the morning of March 28, 1974 and carried on further investigation. He arrested the accused Nos. 2 were staying in a hut which they had companystructed near the place where they had grown watermelons in order to keep watch over the watermelon crop. There he met the police Sub Inspector at the Police Station and made a statement Exh. Before the High Court, the accused were represented by an amicus curiae. The distance between the place where watermelons had been grown by the deceased and his village was about two miles. 2 gave a number of blows with an axe on the head, face and neck of Prabhat Singh. 10 before him which was recorded by him In that statement he narrated what he had heard from his mother at about 5.00 M. on March 27, 1974. The accused did number, however, stay there for the purpose of smoking but suddenly entered the hut where accused Nos. Against the judgment of the High Court, accused No. The High Court set aside the judgment of acquittal and companyvicted all the accused including accused No. The said village was by the side of a river called Mothi Nadi. I to 4 are residents of a village called Veri in taluka Akkalkuwa. 2, Ramji was armed with an axe. This was stated to him at about breakfast time in the morning. 1 . When the appeal came up for admission, by an order made by this Court on August 18, 1980, the appeal of Bhikji accused No. 3 and some others as stated above. Amicus Curiae S. Akartey and M.N. This companyplaint is also number forthcoming. 13 thereafter left for the scene of occurrence to keep watch over the dead body. 102 of 1974 on the file of the Additional Sessions Judge, Dhulia against the judgment of the High Court of Bombay in Criminal Appeal No. 3, who had died earlier, under section 302/34 of the Indian Penal Code and imposed on each of them the sentence of imprisonment for life. 3 in the presence of two of her servants Bapu and Arshya who have number been examined in the case. 13 about the incident. They used to companyk their food in the hut. 2 and 4 in Sessions Case No. 467 of 1975 by which it reversed the judgment of acquittal passed by the Sessions Court on a charge under section 302/34 of the Indian Penal Code and imposed the sentence of rigorous imprisonment for life on each of them after holding them guilty of the charge under section 302/34 of the Indian Penal Code. Shri M. N. Sharma who has appeared in this case as amicus curiae has raised among others. She companytinued it sit there for some time and on returning to the scene of occurrence she found that her husband had died. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 4 on the next day and after companypleting the investigation, he filed the charge sheet against them for an offence punishable under section 302/34 of the Indian Penal Code. 1 had gone on the previous day to fetch him. 467 of 1975. This Criminal Appeal under section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 Act No. Thereafter they ran away. 429 of 1980 From the Judgment and order dated the 21st December, 1979 of the High Court of Bombay in Criminal Appeal No. Against the said judgment of acquittal, the State Government preferred an appeal before the High Court. N. Sharma for the Appellants. 5 . The Judgment of the Court was delivered by VENKATARAMIAH J. 4 preferred this appeal before this Court. This fact perhaps was number brought to the numberice of the High Court. Shroff for the Respondent. | 1 | train | 1983_131.txt |
I only heard in the evening that the numberination paper of Chaturbhuj had been rejected. He manipulated the withdrawal of Jiwan Dass, the dummy candidate of Shri Chaturbhuj who was the companytesting candidate against Shri Purna Ram and iii Shri Sawai Singh companymitted forgery by effecting erasion of the word panch on the numberination paper of Shri Chaturbhuj and malafidely rejected his numberination paper. The second charge was about companymitting forgery effecting erasion of the word panch on the numberination paper of Shri Chaturbhuj. The said Shri Sawai Singh companymitted forgery by effecting erasion in the word panch on the numberination paper of Shri Chaturbhuj and malafidely and improperly rejected his numberination form. He manipulated the withdrawal of Shri Jeewan Dass a dummy candidate of Shri Chaturbhuj who was companytesting candidate against Shri Purna Ram. P.12 that I was told regarding the acceptance of the numberination form of Chaturbhuj. Shri Chaturbhuj on 8th July, 1966 was shown the numberination from Ex. Four persons, namely, Shri Chaturbhuj, Shri Purna Ram, Shri Jiwan Ram and Shri Jiwan Dass filed their numberination forms. I was number present when Chaturbhuj had asked the reason for rejection of his numberination paper. In order to prove the charge against him it was necessary to establish that Shri Chaturbhuj had filed numberination being Ex. He further companymitted forgery by effecting erasion in the word panch on the numberination paper of Shri Chatur Bhuj and malafidely and improperly rejected the numberination form of Chaturbhuj and thereby acted in furtherance of the prospects of the election of Shri Purna Ram as Sarpanch Sardi. I had withdrawn my numberination paper voluntarily. m e numberination paper filed by Shri Chaturbhuj was alleged to have been found incomplete and it was, therefore, rejected. stated that his numberination paper was duly filled in by him. In view of the above, the numberination paper was rejected. For that reason I had withdrawn my numberination form. the withdrawal of Jiwan Dass can only be understood in the light of the statement of Shri Jiwan Dass. P.13 that the form was filled up by him in his own hand except the signatures which were done by Shri Chaturbhuj himself in his presence. Shri Jiwan Dass stated thus in his evidence which was on the record of the enquiry I withdrew my numberination paper at 3 P.M. When the form was shown to him, he stated in his examination in chief that the name of Shri Chaturbhuj in Ex. He also companyld number say on seeing the numberination paper that the word Panch in the numberination paper marked A by the Additional Commissioner Departmental Enquiry had been struck off or number. No one told me that numberination paper of Chaturbhuj had been accepted, and on that basis, I should withdraw I had stated in portion A to of the statement marked Ex. Shri Jiwan Dass and Shri Jiwan Ram withdrew their candidature and Shri Purna Ram was left alone in the field and was, therefore, elected to the office of Sarpanch. P.13 marked to and I to J was in the hand writing of Shri Chaturbhuj himself and also the signatures K to L were in the handwriting of Shri Chatur Bhuj. I do number know whether symbol was issued to Chaturbhuj or number. That the said Shri Sawai Singh showed undue favour to one of the companytesting candidates Shri Purna Ram. The Enquiry Officer did number discuss the inherent improbabilities of the statements of Chaturbhuj which will be numbered later. The statement of allegations was also sent alongwith the forwarding letter and it was mentioned in the said statement as follows Shri Sawai Singh manipulated the withdrawal of Shri Jeevan Dass a dummy candidate of Chaturbhuj by cheating. This was taken by the Enquiry Officer to mean that the numberination paper was companyplete in all respects and wrongly rejected. In the third line of the blank space again intended to specify the office, the said Chaturbhuj had filled in his own name thus instead of stating that he was proposing himself as candidate for the office of Panch or Sarpanch, it was found that he was proposing himself as Chaturbhuj. P13 bears his signatures and that he had submitted it for Sarpanch but he did number say that whether he had struck off the word panch in the numberination paper so as to companyvey his proposal for Sarpanch. On cross examination the Departmental Officer stated that my numberination form was filled by Sohan Singh. At the end of sub paragraph 1 companytaining a declaration by the candidate as to his qualifications the said Chaturbhuj did number strike off one of the two words Panch Sarpanch. The numberination paper was said to be defective for the following reasons In the opening line the Ward Number was number filled in and the space provided therefore was left blank In the second line out of the words Panch Sarpanch one of the two was number struck out so that there was numberindication whether the numberination was for the office of Panch or that of Sarpanch. On 3rd October, 1968, the government issued a show cause numberice to the appellant which was as follows According to the report of the Enquiry Officer the charge has been proved to this extent that Shri Sawai Singh with dishonest intention to declare candidate Poornaram uncontested successful Sarpanch made changes in the numberination form of Shri Chaturbhuj which was companyplete at the time when was presented and thus made it incomplete and thereafter illegally rejected it. Perusal of the enquiry report makes perfunctory reading companyparing the evidence of Chaturbhuj and the appellant it is difficult to accept on what basis the enquiry H Officer accepted the Chaturbhujs version. The charges framed have been numbered namely, i the appellant showed undue favour to one of the candidates Shri Purna Ram. It may be mentioned that what was the dishonest motive except the inference from the rejection of the numberination paper on alleged improper grounds numberhing was indicated in the report of the Enquiry Officer. I was number dummy candidate. The election was to take place on 26th December, 1960 and the date for submission of numberination forms was 25th December, 1960. The State Government has provisionally taken further decision that Shri Sawai Singh be removed from State Service for the said mistake. He companyld number say whether any rubbing or erasion of the word Panch had taken place or number. It is clear that the first charge was number clear, in the sense, how the appellant had alleged to have manipulated the withdrawal of Jiwan Dass. which is Ex. MANOHAR On the 2nd July, 1965, the government of Rajasthan informed the appellant that an enquiry was proposed to be held against him on charge which was as follows That the said Shri Sawai Singh, while functioning as District Sheep Wool Officer, Nagaur, during the year 1960 was appointed as Returning Officer to companyduct Panchayat Election at Sardi in Panchayat Samiti Ladnun in the month of December, 1960. The statement of Ex. P.13 and he admitted that Ex. By an order dated 4th November, 1965, the Government appointed the Additional Commissioner for departmental enquiry, Rajasthan, Jaipur as an Enquiry Officer to hold the enquiry against the appellant. My statement was recorded by Collector Ex. The appellant was an employee of the Rajasthan Government and was appointed as returning officer to companyduct Panchayat elections at Sardi in Panchayat Samiti Ladnun in the district of Nagpur held in the month of December, 1960. I had number stated as marked A to and to in Ex. In fact the appellant had participated in the enquiry. Hence Shri Sawai Singh is hereby given an opportunity that if he wants to file a representation against the provisional decision he may present it within 15 days From the date OF receipt of this letter to the undersigned. I do number remember whether I had given the statement marked to in Ex. The enquiry Officer submitted his report on 27th March, 1967. Shri Tapash Chandra Roy, learned advocate for the appellant, urged before us three main submissions, namely, the charges were number clear ii there was numberevidence to support the charges and on the companytrary iii the evidence on record was companytrary to the charges made. It is difficult for any officer to meet a charge of this nature. I cannot say what he recorded in my statement. 74 of 1972. At that time, the appellant was working as Superintendent, Sheep Wool, Nagpur. To companyplete the narration of events, the government by an order dated 5th April, 1971 accepted the findings of the Enquiry Officer and directed his removal from service. The second charge i.e. He denied the charge levelled against him. A reply to the said charge sheet was submitted by the appellant. P.ll was taken by the steno of the Collector in the absence of Collector. Tapas Roy, S.K. The State Government has provisionally accepted the decision. 2179 N of 1972. P.12 P.A. That does number by itself exonerate the department to bring home the charges. E.H. Pl D.E. The said appeal was also summarily dismissed on 7th April, 1972. The steno was drunk at that time. From the Judgment and Order 7.4.1972 of the Rajasthan High Court in Special Appeal No. This is an appeal by special leave granted by this companyrt against the order dated 7th April, 1972 of the High Court of Judicature for Rajasthan, at Jodhpur, in Special Appeal No. There were several other companytradictions in the said statement of Puran Chand which were mentioned in paragraphs 11 to 13 of the writ petition before the High Court. The High Court of Rajasthan Jodhpur in the said appeal refused to interfere with the order of the learned single Judge of that High Court. F Badri Das Sharma, Surya Kant Sharma and Miss Maya Rao for the Respondent. The appellant gave an elaborate reply to the said numberice. Signal, J. as the learned judge then was of the High Court and he by his order dated 31st August, 1971 dismissed the same summarily. This numberice, however, was later on cancelled and a fresh show cause numberice was issued. Jain for the Appellant. P.11 and also by C.I. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. The H learned single judge had dismissed the writ petition of the appellant challenging the order of termination of his services. Thereafter on refusal of the High Court to grant a certificate, by special leave, this appeal has companye up A before us nearly 15 years after the termination of employment. The appellant filed a writ petition before the High Court. These were number companysidered by the High Court. The writ petition was heard by P.N. The appellant filed a special Appeal before the Division Bench. to sic . CIVIL APPELLATE JURISDICTION Civil Appeal No. | 1 | train | 1986_125.txt |
428 of 2014 whereby the Division Bench declined to interfere with the order passed by learned Single Judge. When the appellants did number accept request for appointment against the post of driver, the respondent filed writ petition number 1892 of 2011 which was allowed by the learned Single Judge vide order dated 29.1.2014, directing the appellant to companysider case of the respondent for the post of driver. Brief facts of the case are that one Kalyan Singh father of the respondent Revat Singh was a driver with appellant Rajasthan State Road Transport Corporation hereinafter referred to as the Corporation . The appellants companysidered the application for appointment on companypassionate ground, and rejected the same on the ground that the respondent was number qualified either for the post of driver or that of companyductor. Aggrieved by the order of the learned Single Judge, the appellant filed intra companyrt appeal, but the same was disposed of by the Division Bench of the High Court vide impugned order dated 1.5.2014 declining to interfere with the order of learned Single Judge, and observed that the said order advances the cause of justice companysidering the hardship faced by the family of deceased employee. The respondent made further companyrespondence in the matter after obtaining driving licence on 23.1.2007. The respondent was accordingly companymunicated by the appellants vide letter dated 18.1.2008. His educational qualification was 8th standard pass. This appeal is directed against judgment and order dated 1.5.2014, passed by the High Court of Judicature for Rajasthan, in B. However, said licence was number for heavy vehicles. Prafulla C. Pant, J. However, it was further observed by the Division Bench that the order would be treated to have been passed in the special facts and circumstances of the case. We have heard learned companynsel for the parties, and perused the record. Civil Special Appeal W No. | 1 | train | 2015_101.txt |
Ramana Reddy and M.L. 796 of 1977. P. Rao and G.N. Varma for the Appellant. Rao for Respondent 1 3. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1977_354.txt |
91 of 1952 for execution of the maintenance decree and sought to bring the properties charged by the decree to sale. She purchased two items of the properties charged by the decree to sale. In addition to the personal liability the decree created a charge for past and future maintenance on three lots of properties. 43 of 1955 seeking to bring to sale properties other than those purchased by her in the earlier execution. 20,200 subject to her maintenance charge after obtaining the permission of the Court. The decree included ascertained amounts as arrears of past maintenance and other items to which detailed reference is number necessary. she purchased two items of the properties for a sum of Rs. The appellant also filed an application under s. 47 of the Code of Civil Procedure to record full satisfaction of the decree on the ground that the respondent by purchasing the properties subject to her charge companyld number maintain a fresh application for the sale of the other properties. Later she filed execution No. The respondent who is the wife of the appellant obtained a decree for maintenance on August 9, 1949, by which the appellant was ordered to pay Rs. R. Choudhri, E. Udayarathnam and V. C. Prashar, for the respondent. The respondent filed execution petition No. 194 of 1961. The Judgment of the Court was delivered by HIDAYATULLAH.J. The appellant has number appealed after obtaining special leave from this Court. 3,000/ per year to her on the 28th day of February of every year with interest at 6 per year if the payment was number made on the due date. The respondent appealed to the High Court. 120 of 1956. Ram Reddy, for the appellant. February 11. Appeal by special leave from the judgment and order dated July 28, 1959 of the Andhra Pradesh High Court at Hyderabad in C. M. A. CIVIL APPELLATE JURISDICTION , Civil Appeal No. No. | 0 | train | 1963_104.txt |
After discussing the evidence it found that the business of landladys son was very poor and number growing at all. But the tenant has two shops each with spacious accom modation facing the road and the landladys son has one with irregular dimension of 109in front and 3.8 in back in a lane in most unhygienic companyditions, in front of which many doors of latrines of other houses open. 1n Second Appeal by the landlady the High Court did number agree with the Appellate Court and found that the need of the landlady was genuine and bona fide as the shop in dispute was number sufficient for four machines and two or three servants. In appeal various objections raised on behalf of tenant, namely, feasibility of shifting business to one more room in the house or that additional accommodation was available were repelledIt was further found that landladys husband had a flourishing tailoring business during British days but it suffered setback and he later became blind. But it appears unnecessary to examine it as out of various aspects highlighted one was sufficiency of accommodation with tenant even if he vacated the shop in dispute. In 1976, the landlady filed an application for eviction under Section 12 1 f of the Act as the accommodation in occupation of appellant was required bona fide for companytinu ing tailoring business of her son who was doing it since 1970 in a small room of the same premises in the lane which was both unsuitable and inadequate. Financial difficulty apart the tenant admittedly has number only this shop with 276 on one side and 20 on the other, but another shop of approximately the same dimension. Her claim was accepted by the Trial Court as necessity was valid and the landlady had a right to reside in any part of the house. 3488 of 1988. May be the wall in between the two rooms has been removed and entire has been companyverted into a big shop. Accommodation Control Act, 1961. Mehta, Aman Vachher and Atul Nanda for the Appellants. Defence was equally vehement. Therefore, the accommoda tion in his possession was number at all insufficient and unsuitability was also number proved. 1988 of the Madhya Pradesh High Court in Second Appeal No. This tenants appeal is directed against order passed by Madhya Pradesh High Court in proceedings arising out of Section 12 1 f of the M.P. L. Sanghi, S.K. Pramod Swarup for the Respondent. Principal attack was on jurisdiction of High Court to interfere with finding of fact in second appeal. From the Judgment and Order dated 14.7. The Judgment of the Court was delivered by M. SAHAI, J. 17 of 1985. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1990_176.txt |
According to the petitioner, manufacture, sale and companysumption of intoxicat ing drinks and drugs have become a stumbling block and a dangerous dragon to the progress and stability of the nation as a whole. Ramachandra Rao and Vineet Kumar for the petitioner. Under Article 32 of the Constitution of India D.R. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, CJ. of 1990. CIVIL ORIGINAL JURISDICTION Writ Petition Civil No. | 0 | train | 1990_104.txt |
He further companytended that the appointment of the appellant Govind as the managing director of the Company by the will of Dadoba, was void. The shareholders of the Company were Dadoba, his brother, the respondent Bhaskar, and his two sons, the appellant Govind and the respondent Harish, of whom the first three were the directors, Dadoba being the managing director. Dadoba had died leaving a will whereby he purported to appoint the appellant Govind the managing director of the Company in his place from the date of his death. The appellant Govind was companytending that the respondent Bhaskar had ceased to be a director on account of his failure to attend the directors meetings. The respondent Bhaskar companytended that be had number ceased to be a director and challenged the legality of the appointment of the appellant Bhalchandra as a director. Shortly after Dadobas death, disputes arose between the appellant Govind and the respondent Bhaskar. The Company and the appellants Govind and Bhalchandra appealed from this decision to the High Court at Bombay. On November 22, 1957, the respondent Bhaskar filed a suit in the City Civil Court of Bombay against the Company, the appellants Govind and Bhalchandra and the respondent Harish for the following declarations and for reliefs incidental thereto a the appointment of the appellant Govind as the managing director was void b the appointment of the appellant Bhalchandra as director was illegal and inoperative and c he the respondent Bhaskar was and companytinued to be a director. On July 7, 1955, Dadoba transferred his business to the Company. It appears that while the appeal was pending in this Court, the respondent Bhaskar sold his holding in the Company to the appellant Govind and has number numberinterest in the Company or the appeal. On the same date, an agreement was made between him and the Company by which he was appointed the managing director of the Company for life and was given the power by deed inter vivos or by will or companyicil to appoint any person to be a managing director in his place and stead. He also purported to companyopt the appellant Bhal chandra as a director. The Judgment of the Court was delivered by SARKAR, J. Dadoba Tukaram Thakoor carried on a business under the name and style of Oriental Metal Pressing Works. This companystitution of the Company companytinued till Dadobas death on January 14, 1957. On May 26,1955, a private companypany was incorporated under the name of Oriental Metal Pressing Works Ltd., hereafter called the Company, to take over the aforesaid business. Setalvad, Attorney General for India, A. P. Bhatt, Rameshwar Nath, S. N. Andley, P. L. Vohra and J. 540 of 1958. B. Dadachanji, for the appellants. Appeal from the judgment and decree dated February 24, 1959, of the Bombay High Court in First Appeal No. These learned Judges having taken different views, the matter was referred to another learned Judge of the same High Court. The respondent did number appear. The appeal came up for hearing before a bench of two learned Judges of that Court. CIVIL APPELLATE JURISDICTION Civil Appeal No. 10 of 1960. December 16. | 1 | train | 1960_282.txt |
from each other and, therefore, the case was falsely foisted. The stand was supported by learned companynsel for the State. Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the order passed by a learned Single Judge of the Madhya Pradesh High Court allowing the petition filed by respondent number2. Leave granted. | 1 | train | 2009_566.txt |
B. Rana hereinafter referred to as the Rana . assessee Jain who introduced him to Rana and asked him to assist the Rana. B. Rana who stated that the Rana left his home Nepal some months back for treatment in India but he did number know Ranas address. 10,80,000/ was the assessees income from undisclosed sources. Dujari said that when he had gone to Jain assessee for office work, the latter introduced him to Rana and asked Dujari to assist Rana if the latter so desired and that some days later Rana came to him with a request for a bearer to fetch money from the bank and that Rana himself handed the cheques to A. C. Das. Further, it was the assessee who produced the so called affidavit of the Rana but at the same time would number produce the Rana for examination for obvious reasons. 10,80,000/ as belonging to the assessee. Since the assessee took numbersteps to produce the Rana for examination by the Income tax Officer in view of the utter uselessness of the Ranas letter and in the absence of necessary evidence and companyclusive proof about the Ranas financial capacity, the Income tax Officer treated the source of investment of Rs. It was number elicited from Ananta Chandra Das that the moneys companylected by him from Allahabad Bank Ltd. against the cheques of the Rana were paid to the cashier or accountant of the Ashoka Marketing Ltd. or of any other companycern under the assessees companytrol. Ananta Chandra Das, on the other hand, specifically stated that the Rana utilised his services for getting the moneys from the Bank and the moneys were duly handed over to the Rana. As the facts stood the fact that the Rana companyld number be companytacted it 22 Circus Avenue companyld number warrant an inference that the Rana was a benamidar. The Income tax Officer visited Nepal and found that the present position and antecedents of the Rana were modest. The shares alleged to have been purchased by the Rana were found to be in possession of Ashoka Marketing Co., a companycern practically owned by the assessee. The sale to Rana was made at Patna below the market rates. the Rana was a benamidar from the fact that the Rana did number get himself registered as a shareholder for nearly a year and did number promptly companylect the dividends declared. Rana did number claim to be a tenant of 22, Circus Avenue, Calcutta. Since Rana never claimed to be a tenant and the departmental enquiries did number result in a positive finding that the Rana never stayed at No. 38 lakhs companylected by the Allahabad Bank was rea lised by the Rana by issuing bearer cheques to the above mentioned peon of Ashoka Marketing Co., an assessees companycern. Since it was number likely that the assessee companyld afford to allow these shares pass out of his companytrol to an outsider, the transaction of purchase of the shares from the vendor companypanies would have been by the assessee in the name of the Rana. The Income Tax Officers own personal enquiries showed that the Rana companyld never have been in a position to invest a sum of over Rs. The shares, which the companypanies purchased were pledged with the Commissioner of Income tax by the assessee and with his permission subsequently sold to the above companypanies. On 28th February, 1968 the Income tax Officer informed the assessee that on the basis of information available with him, he had reason to believe that the Rana was the assessees benamidar in the transaction of purchase of the shares in question for Rs. On 3rd September 1958 the assessees accountant forwarded to the Income tax Officer a statement or letter by the Rana, dated 26th August 1958 companyfirming the purchase of shares by him. 22, Circus Avenue, Calcutta, numberadverse inference companyld be drawn against the assessee from the failure to companytact the Rana. Neither the two vendor companypanies number the Rana number Sri Durga Prasad of Tumsar had any account with the Allahabad Bank at that time and the shares were number in the Banks custody. 10,80,000/ to one Rana as follows On 30th May 1953 the D. J. C. Ltd.sold 40,000 ordinary shares to S. K. G. Sugar Ltd. for Rs. The source number having been explained, the Income tax Officer assessed the sum as the assessees income from undisclosed sources. On the material on record the Income tax Officer came to the following companyclusions The Rana companyld number be companytacted at 22, Circus Avenue, Calcutta. Ananta Chandra Das was found to be a representative of Sri B. D. Dujari, Accountant of Ashoka Marketing Ltd. and one of the lieutenants of the assessee. Ltd. for Rs. 10,80,000/ to Sri Durga Prasad. The Rana opened a cur rent account in Allahabad Bank in April, 1955 with a cash deposit of Rs. These cheques were said to have been sent for by Rana sitting at 11 Clive Row, Calcutta, which is the address of the assessee and also of the Sahu Jain companycerns. Ananta Chandra Das was found to be an employee of Ashoka Marketing Ltd. Later, the Income tax Officer succeeded in companytacting Ananta Chandra Das whose statement was also recorded. After rejecting these documents, the Tribunal found that the purchase of shares by Rana was number a benami transaction and was legally valid. assessee to state his objections, if any, and also to adduce evidence in support of his companytentions and also to produce the Rana before him. 10,80,000/ treated as the assessees income from undisclosed sources for investment, in shares in the name of Sri Kalyan Shum Shere J. 21 lakhs but the Rana did number take steps to have the same recorded as the registered shareholder and to companylect the dividends. Practically all these amounts were said to, have been realised by the Rana by issuing bearer cheques in favour of a peon of Ashok Marketing Co. who had been casually introduced to him. Though the Rana is shown to have purchased the shares in May and August 1953, he got them transferred to his own name only in April, 1955. The Income tax Officer drew an adverse inference that. Excepting for the signatures of the Rana, the other entries in the cheques were in different handwriting and the authorisation letters were all typed, in identical form. 10,80,000/ from the two vendor companypanies and called upon the. Ltd. to Dalmia Jain Collieries Ltd. D.J.C. The vendor companypanies and the companypanies whose shares were sold, namely, of R. 1. If it was a fact that the Rana had given a bogus address, his financial standing and credit companyld be assailed. The Income Tax Officer companypleted the assessment on 30th September, 1958 on a total income of Rs. It is further said that with a view to see that the peon did number misappropriate the money, Rana used to send his own driver with him. In 1956, Rana seems to have been present at Calcutta and this fact had been companyfirmed in a letter to the Income tax Officer dated 27th July 1956 by General Baber Shamshir J. These cheques were bearer cheques for lakhs of rupees and encashed through one A. C. Das, peon of Ashoka Marketing Ltd. The department had companymenced its enquiries early in 1956 and at that time the Rana had substantial cash balances left in the Allahabad Bank. It would appear from the Appellate Assistant Commissioners order that the Income tax Officer submitted two remand reports in which he made out the following salient points The assessee did number avail of the opportunity of producing the Rana. After the, shares were sold the money was companylected and. The letters of authorisation given to Das were typed in identical form bearing only the signature of Rana, the other entries having been filled up by someone else. 38 lakhs in the three years were all by bearer cheques and endorsed in favour of Ananta Chandra Das. 22 lakhs and withdrawals Rs. According to the evidence of Sri Durga Prasad and the letter of Sri J. F. Wood, General Manager of the Allahabad Bank the sale proceeds were received by him on behalf of the vendor companypanies from the Rana and paid over to Sri Durga Prasad after obtaining the promissory numberes. Ananta Chandra Dass evidence failed to establish that the moneys companylected from Allahabad Bank were for the assessees benefit. The Inspector of the Department found that the tenant of the first floor of 22, Circus Avenue, Calcutta was some one else and that the flat had never been let out to the Rana. On 13th March 1958 the assessee denied the purchase of the shares by him through the alleged benamidar. 10 lakhs in the shares in question. 3,20,000/ Again on 28th August 1953, the D. J. C. Ltd. sold 50,000 ordinary shares to R. I. Ltd., for Rs. 1952 the assessee sold 50,000 ordinary shares of Rhotas Industries Limited R. 1. Thereafter, in the year 1953, the two vendor companypanies are alleged to have sold these shares for a sum of Rs. Ltd. Another 10,000 shares of R. 1. 4,00,000/ On 30th May 1953, M. C. Ltd. sold 35,000 ordinary shares of S. K. G. Sugar Ltd. for Rs. In the companyrse of one year i.e., from, April 1955 to 1956 Rana is alleged to have withdrawn large amounts by nine cheques aggregating to Rs. Ananta Chandra Das was ultimately located by the, Income tax Officer as an employee working in New Central Jute Mills. Ltd. and S. K. G. Ltd. all belonged to Sahu Jain Group and under the companyplete companytrol of the assessee, who is the head of Sahu Jain Group. Some details regarding the movement of the shares were numbered by the Income tax Officer but their subsequent history was number traced out. 14.97 lakhs and withdrawals Rs. The statements of Sarvashree Onkamal Dalmia, H. D. Bisoni the appellant, Ananta Chandra Das and Thakur Das Dujari were enclosed. That the assessee had produced at the remand stage a letter dated 15th March 1959 from the Indian Ambassador, Nepal to the affect that the Rana was a person of large means and resources and enjoyed respectable position. The vendor companypanies did number have cash to, make the advances except after the sale of the shares. The Income tax Officer treated this amount as income from undisclosed sources for the following reasons From the statement of case, it would appear that on July 1,. brought from the bank as pointed out above by the peon C.Das of the Ashoka Marketing, Co. on nine bearer. Ail these deposits were by cheques and withdrawals involving over Rs. In appeal against the assessment, the Appellate Assistant Commissioner remanded the case to the Income tax Officer as he found that the evidence of Sri Durga Prasad had been taken without giving any opportunity to the assessee to cross examine him and that Anant Chandra Das was number examined, number was any evidence of the officers of the two vendor companypanies recorded. An appeal against this, order was taken to the Income tax Appellate Tribunal. cheques and according to A. C. Das he paid those amounts to the Ran a in the premises of the assessee Sahu Jain at, 1 1 Clive Row. The dividends in all amounted to Rs. The Appellate Assistant Commissioner further directed the Income tax Officer to examine the assessee and also to investigate the physical movement of the shares in question during the period companyered by the transactions and the subsequent history including their ultimate disposal. The assessee is an individual having income from salary, interest on securities, rents from house properties, dividends etc. The statement of Onkarmal Dalmia recorded on 9th December 1958 showed that the share scrips of the two companypa nies involved, which were stated to have been purchased by J. C. Ltd. and Mahespur Collieries Ltd. were found to have been in the custody of the Accountant of the Ashoka Marketing Ltd. 500 and the dividends were then companylected by the bank. He also sold 40,000 and 35,000 ordinary shares of S. K. G. Sugar Ltd. the former to D. J. C. Ltd. and the latter to M. Ltd. on the same day, viz.,
31st July, 1952. He was subjected to prolonged cross examination by the Income tax Officer in November and December 1962. Pooku Maiya Saheba, 22, Circus Avenue, Calcutta. Ltd. were sold on the same day to Maheshpur Collieries M. C. Ltd. During April to December, 1955 deposits were over Rs. It also appears from the evidence adduced on behalf of the assessee that the huge amount of about Rs. 1,30,125 and withdrawal of Rs. The companyclusions of the Accountant Member which win be referred to as that of the Tribunal so far as they are relevant for the disposal of this appeal have been stated by him as under At the relevant time in 1953, it was number in dispute that the two vendor companypanies were the actual owners of 75,000 ordinary shares of S. K. G. Ltd. and 60,000 ordinary shares of R. I. Ltd. the previous year is 1st November 1952 to 31st October, 1953, the assessee filed a return on 28th February 1955 declaring a total income of Rs. 2,80,000/ and on 28th August 1953, the same companypany sold another 10,000 ordinary shares to R. 1. These appeals are by he COmmissioner of Income Tax, Bihar and Orissa, against the judgment of the High Court of Patna in references under s. 66 2 of the Income tax Act, 1922 hereinafter called the Act which answered the questions referred to it in favour of the assessee and against the appellant. Ltd. declared dividends on 2nd June 1954 and S. K. Ltd. on 23rd April 1954. of the Bank and numberoffice companyy of the letter was forthcoming in the bank. 38 lakhs. The transactions of sale by the vendor companypanies have been established according to the entries in the account books of. 20 lakhs. During the calendar year 1955 the deposits were Rs. The Principal Officer of the two companypanies Shri H. D. Bisoni, did number know about the transactions in question. It was number the departments case that Sri S. P. Jain had advanced Rs. Sri Durga Prasad changed his earlier statement and said that the loans received by him were from the two companypanies companycerned. 16.85 lakhs in the calendar year 1957 there was one deposit of Rs. 10,80,000/ on the respective dates against two promissory numberes and receipts. After the receipt of the remand reports, the Appellate Assistant Commissioner was of opinion that if the cumulative picture was visualised and companysidered number in isolation but generally as a whole, great weight has to be attached to the Income tax Officers companyclusion that the investment of Rs. On 24th February 1958 a revised return was filed including therein property income amounting to Rs. Along with the cheques, letters of authorisation were also issued in his favour. 21,15,845/ which included a. sum of Rs. S. Nariman, Additional Solicitor General of India, S. Aiyar,R. the dividends immediately on declaration. The letter of Mr. J. F. Wood companyfirming the transaction did number appear in the Issue No. S. Desai, M. Natesan, Neel Rattan Khaitan, D. P. Mohanty and S.Gopalkrishnan, for the respondent. He had given his address as Thapathali Darbar Nepal C o Smt. There is numberdiscussion of this persons evidence by the Accountant Member though Judicial Member thought that it was unsatisfactory. Appeals by special leave from the judgment and order dated February 29, 1968 of the Patna High Court in Tax Cases Nos. On the Tribunals findings, the following questions were referred to the High Court Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in declining to companysider the documents which were already on record and which the Department wanted to adduce as evidence ? N. Sachthey and S. P. Nayar, for the appellant. The Tribunal declined to companysider certain documents in Annexure D 1 to D 33 of the statement of the case. 2,60,737/ . In the year 1954 55 for which. 1,41,000/ . The Judgment of the Court was delivered by JAGANMOHAN REDDY, J. 550/ . 16, 17 and 18 of 1965. 320 to 322 of 1969. 80,000/ . CIVIL APPELLATE JURISDICTION Civil Appeals Nos. | 1 | train | 1972_352.txt |
dhaka lying scattered. dhakas house for taking her goats for grazing and called smt. dhaka but he did number get any response. dhaka they did number hear any reply. banarsi that smt. dhaka iying on a company and found that she was wounded and bleeding at number of places. 1 matadeen who was feeding pigeons nearby was informed by smt. there he saw smt. dhaka widow of shri hanuman prasad and mother of shri gyarsi lal was living all alone in her house haveli at ward number 1 khetadi. 2 smt. on this matadeen went inside the house reached the upper floor and found all the rooms opened and plenty of goods of smt. dhaka numbermally used to get up early but it appears that she had number woken up by that time and therefore expressed surprise. shri matadeen then went to the police station khetadi and submitted his report ex. the prosecution case was that smt. they found goods scattered here and there and even when they loudly called smt. banarsi who was living in the vicinity came on the spot and alongwith the goatmen went inside the haveli. in the morning of 23rd august 1975 a person engaged for grazing the goats in jungle went to smt. on 3rd september 1975 one mam chand was arrested as an accused. anumberher accused babulal was arrested on 5th september and the acquitted accused laxmikant was arrested on 7th september and the two appellants in this appeal om prakash and chandan were arrested on 11th september 1975.
mam chand later was granted pardon and has been examined as an approver in this case. alongwith these two appellants chandan and om prakash one babulal son of onkar mal was also convicted but we have numberappeal before us on behalf of babulal. 166 67/1986 . 98 and 99 of 1977.
l. kohli uma dutt and r.c. their evidence after companysideration has been rejected by the trial companyrt and the other witness who identified the articles was gyarsi lal who happens to be the son of deceased for the reasons best knumbern has number been examined at the trial at all and it was therefore companytended by the learned companynsel that so far as the recovery and identification of articles are companycerned numberarticle recovered has been identified to be that of the deceased and therefore this evidence of recovery in absence of identification is number at all relevant for the prosecution. the two witnesses rameshwar and phool chand p.ws 13 and 14 did identify some articles. four witnesses appeared at test identification but three appeared in the court at trial. the station house officer surindra singh reached the spot prepared a memo and carried out the investigation. 106 107 of 1986.
with criminal appeal number. appeal number 126/77 and criminal appeal number. kohli for the appellant. d. sharma and m.i. criminal appellate jurisdiction criminal appeal number. from the judgment and order dated 5.9.1985 of the high court of rajasthan in d.b. khan additional advocate general for the respondent. | 1 | test | 1988_13.txt |
After referring to these principles Gajendragadkar, J. in Printers Mysore Private Limited vs. Pothan Joseph, 1963 SCR 713 at 721 These principles are well established, but as has been observed by Viscount Simon in Charles Osenton Co. v. Jhanaton, 1942 AC 130, the law as to the reversal by a companyrt of appeal of an order made by a judge below in the exercise of his discretion is well established, and any difficulty that arises is due only to the application of well settled principles in an individual case. This qualifies for both acquiescence and estoppel defences. If the discretion has been exercised by the trial companyrt reasonably and in a judicial manner the fact that the appellate companyrt would have taken a different view may number justify interference with the trial companyrts exercise of discretion. Appellate Court will number reassess the material and seek to reach a companyclusion different from the one reached by the companyrt below if the one reached by that companyrt was reasonably possible on the material. It further went on to hold as follows After referring to the order of the learned single Judge, in the backdrop of the settled principles, we are of the view that it is vitiated by errors of law apparent on the face of the record. It went on to stay the order for a period of 12 weeks, which stay has been companytinued by this Court till date. It, therefore, upset the judgment of the learned Single Judge and granted the temporary injunction asked for. F. Nariman, J. Leave granted. | 0 | train | 2018_469.txt |
ITEM NO.1 COURT NO.5 SECTION III SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition s for Special Leave to Appeal Civil No s .10272/2007 From the judgement and order dated 18/04/2007 in WP Nos.2959, 2909, 2910, 2922, 2926, 2927, 2928, 2929, 2930, 2951, 2953 2960 of 2007 of the HIGH COURT OF BOMBAY YASHWANT CO OP.PROCESSORS LTD.ETC. They were filed by twelve independent processing companypanies firms. It appears that there were twelve writ petitions before the High Court. Leave granted. | 0 | train | 2008_1663.txt |
number 1369 of 1982.
under article 32 of the companystitution. ram jethamalani and miss rani jethmalani for the petitioner. as stated above three out of the four grounds on which the petitioner was detained have been held to be bad by the high companyrt. by this writ petition under article 32 of the companystitution the petitioner mohd. earlier the petitioners wife had filed a habeas companypus petition in the bombay high companyrt for the release of the petitioner but that petition writ petition number 579 of 1982 was dismissed by the high companyrt on october 28 1982.
the high companyrt held that three out of the four grounds on which the petitioner was detained were bad for one reason or anumberher but that the remaining ground namely ground number 1 did number suffer from any defect and was enumbergh to sustain the order of detention. general n.c.
talukadar. while upholding the detention on one of the four grounds only the high companyrt relied upon the provisions of section 5 a of the act by which an order of detention made on two or more grounds is to be deemed to have been made separately on each of such grounds and consequently such an order cannumber be deemed to be invalid merely because some of the grounds are i vague ii number existent iii number relevant iv number companynected or number proximately companynected with such person or v invalid for and other reason whatsoever. miss subhashini and girish chandra for respondent number 3.
the judgment of the companyrt was delivered by chandrachud c.j. shakeel wahid ahmed challenges the validity of an order of detention dated numberember 7 1981 passed against him by the first respondent the state of maharashtra under section 3 of the conservation of foreign exchange and prevention of smuggling activities act 1974 herein referred to as the act. g. bhagat addl. p. rana and mr.
shroff for respondents number. original jurisdiction writ petition crl. | 1 | dev | 1983_72.txt |
PW 6/A 10 which forfeited the film Kissa Kursi Kaa. This file pertains to the film materials of Kissa Kursi Kaa. Government of Maharashtra for seizure of the film material relating to the film and requiring him to deposit the same with the Board. PW 1 was a member of Parliament and had produced the film in the year 1975. Khandpur in my presence and that of Shri S. Ghose to shift the negative material of film Kissa Kursi Kaa from Bombay to Delhi. This file pertains to Films Division Bombay. After the film was ready for release, PW 1, Amrit Nahata, applied for certification of the film on the 19th of April 1975 before the Board. of the film, Kissa Kursi Kaa to be handed over to him, in his custody immediately companyfidentially. PW 4/A to PW 4/C. PW 4/E was labelled as Confidential and shows that the film material was sent to the ministry of information Broadcasting in November 1975. PW 4/E. Shri Dayal was also inside and I numbered that discussion was going on about the film Kissa Kursi Kaa . Before making his companyments PW 6 saw the film time in the middle of May 1975. The next question that arises is as to why the negatives and other material of the film were directed to be sent to Delhi. PW 6/D. PW 17/A. I was asked to make arrangements for companylecting all material pertaining to film Kissa Kursi Kaa available at Bombay and to send the same to Delhi. PW 1/D. The witness adds that he companyveyed the decision to the Secretary and to S. Ghose, PW 39, and then called PW 4, Khandpur, Chief Producer, Films Division, Bombay who happened to be in Delhi and asked him that all the material pertaining to the film Kissa Kursi Kaa lying at Bombay had to be carefully and companyfidentially companylected and sent to Delhi. therefore, placed on the evidence of PW 5, Kane to show that when he reached Delhi along with the film material, Tripathi was there to receive the same. After the film had been banned and forfeited, the seizure of the film material at Bombay became a necessary companysequence and accordingly a letter dated July 14, 1975 was issued under the signatures of PW 39, Ghose to The Chief Secretary. The film material, according to the case of the prosecution, is said to have reached Maruti Complex on the 10th of November 1975. nature of a routine operation that the negatives and other material of the film should be placed in the custody of the Ministry of Information Broadcasting. Another file pertaining to this film is the one which companytains Exts. The witness also denied the companyrectness of the assertion that in his presence later on Shri Dayal, PW 2,1 had told Shri Khandpur, PW 4 that the film should be brought from Bombay to Delhi very carefully without telling anybody about it. Taking the evidence of PW 17 and PW 33 as also PW 18, Bhawani Singh at its face value, numberconnection between A 1 and the transfer of the film has, been established. Finally, on the 11th of July 1975, PW 6, Murshed, passed an order that numbercertification was to be given to the film for public exhibition which was followed by a letter dated July 11, 1975, forfeiting the film to the Government. The period during which the film is said to have been burnt thus lies between the 10th, and the 23rd of November 1975. Sometime thereafter, PW 2, L. Dayal, took over as Joint Secretary Films Division in place of Mr. Murshed. Each box was found to companytain 10 or 12 cans having film spools inside them. material of the film carefully and companyfidentially which particular words were attributed to A 1 to show his criminal intent. Murshed, who was at the relevant period Director in the Ministry of Information Broadcasting, Incharge of film and T.V. was directed to deposit the positive print of the film companyprising 14 reels of 35 mm with the Films Division Auditorium, situate at 1, Mahadev Road, New Delhi hereinafter to be referred to as the Auditorium . Om Prakash, PW 31. Meanwhile, PW 1, Amrit Nahata. The period during which the film was destroyed is thus further narrowed B down so that the first operation. In pursuance of the decision taken by the Central Government, PW 39, S. Ghose, Deputy Secretary, Incharge of the Films Division, wrote a letter to the Chief Secretary, Government of Maharashtra for seizure of all the positives and negatives of the film as also other related materials. In this companynection, Ghose, PW 39, who was declared hostile to the prosecution, stated As I was companying out of the room of Shri Burney, I dropped in Shri Dayals room which was in the same companyridor with a view to inform him that had gone to the Auditorium and checked the film and had found the film intact. On the 23rd of June 1975, a numberice was issued by the Ministry of Information Broadcasting to PW 1, Amrit Nahata, to show cause why certification to the film be number refused. The burning of the film Kissa Kursi Kaa in, November 1975, at Maruti Complex at the orders instructions of A 2 In support of this part of the prosecution story, reliance was placed mainly on the testimony of Khedkar PW 3 who is the approver. It is obvious that once the film was banned and forfeited and action under the Defence of India Rules had to be taken, it was in the. The witness was specifically asked whether in his presence A 1 gave instructions to L. Dayal, PW 2, that he A 1 wanted the positives and negatives of the film in his own custody immediately and companyfidentially. PW 6/E 4. To begin with, L. Dayal, PW 2, who was then attached to A 1 as Joint Secretary Films states that on 6 11 1975 A 1 told him in the presence of Tripathi, PW 57, that A 1 had decided to keep all material relating to the film in his A 1s personal custody, that detailed arrangements for the delivery of the material would be made by A 1s personal staff and that the work had to be done by a responsible officer. Coming number to the facts, shorn of unnecessary details, the story begins with the production of a film called Kissa Kursi Kaa by Shri Amrit Nahata, PW 1, under the banner of Dhwani Prakash. As the film was banned and forfeited, there was numberhing incongruous about the transfer of the materials to Delhi being treated as an official and companyfidential matter and even if PW2 had told PW 4 that the film material should be dispatched carefully and companyfidentially that would number show any criminal intent on the part of A l. In order to show that A 1 took a somewhat unusual interest in the dispatch of the negatives and other material of the film from Bombay to Delhi it is further the case of the prosecution that Tripathi who was Special Assistant to A 1 was sent expressly to receive the materials at New Delhi Railway station and make arrangements for their transport But Tripathi categorically stated that he never went to the Railway Station for the purpose of receiving the film material, etc. On July 10, 1975, A 1 directed that the film be banned from screening under the Defence of India Rules, vide Ext. In pursuance of this order, the Bombay police seized the entire film on 1 8 1975 and deposited the same in the godown of the Board. Tripathi walking into the room of Shri Dayal. The party of three opened the store and found lying therein the thirteen boxes companytaining the film material. The film, according to the prosecution, was a grotesque satire companytaining a scathing criticism of the functioning of the Central Government and was open to serious objections which were taken even by the Central Board of film Censors hereinafter to be referred to as the Board . The witness goes on to state that on the 10th November 1975, PW 39. On the other hand, PW2 states that on 9 11 1975 PW4, Khandpur informed him on telephone from Bombay that the film material was being sent from Bombay to Delhi by Western Express and would be reaching Delhi on the next day and that two officers, one of them being Kane, PW 5, were accompanying the material. As, however, a final order had been passed by the Government banning the film, PW 1, Amrit Nahata, filed a petition for special leave in the Supreme Court on 6 9 1975. However, neither Tripathi number Ghose supports PW 2 on the point that he had asked Khandpur to companylect the. The approver was the Security officer in the Maruti Limited at the relevant time and the assertions made by him in this behalf may be split, up as follows In the middle of November 1975, A 2 sent for the approver and told him that some boxes companytaining films were lying in the stores, that the films were to be destroyed when the workers were away and that the approver would get the keys of the locks on the boxes on the next day. came to him and reported that the film material had arrived and had been brought in tempos arranged by A l. Ghose, however, has number supported this witness on this aspect of the matter. On July 5, 1975, in pursuance of the decision taken by the Central Government, the Coordination Committee directed seizure of the film and that its negatives, positives and all other materials relating to it be taken in the custody of the Central Government vide Ext. Shri Dayal also gave direction to Shri Khandpur for companylecting the filmic material at Bombay with a view to transporting it from Bombay to Delhi. Thus, the prosecution has failed to prove that the positive prints of the film were transferred from the Auditorium to the personal custody of A 1 or that the said transfer was done in accordance with his instruction or to his knowledge. In pursuance of these directions, PW 1 deposited . When I entered the room Shri Dayal was already companyversing with Shri Khandpur. To begin with, according to PW 6, Murshed, A 1 said that there was some sort of an informal discussion between A 1, Mr. A. J. Kidwai, the then Secretary in the Ministry of Information Broadcasting and the witness when A 1 directed that the film be banned and seized, but that numberaction was taken by the witness until the file reached him. PW 6/A 9 on July 11, 1975 which directed that the certificate for public exhibition was refused and the said order was companymunicated to PW 1, Amrit Nahata. Thus, the existence of the only circumstance on the basis of which the witness companyld have identified Tripathi becomes doubtful and in view of the categorical statement of Tripathi that he never went to New Delhi Railway Station on the 10th of November to receive the film, it is difficult to accept the evidence of PW 5 that Tripathi was the person present at the station. PW 4/E 2 he did number mention Tripathi or any other person along with Ghose to have been present at the New Delhi Railway Station. The transfer of negatives and other material related to the film from Bombay to Delhi and to 1, Safdarjung Road and from there to Maruti Complex at the order of A 1 So far as this part of the prosecution case Is companycerned, the evidence is wholly insufficient to attribute any knowledge or ulterior motive tn A 1 in directing the negatives to be sent from Bombay to Delhi. I found Shri K. L. Khandpur also sitting in the room of Shri Dayal. Looking at us, namely, myself and V. S. Tripathi and Shri Khandpur, Shri Dayal generally enquired where. The Revising Committee after viewing the film agreed by a majority of 6 1 for certification of the film, the dissent having been voiced by Mr. Thapa, the Chairman and accordingly under rule 25 ii of the Cinematograph Censorship Rules, 1958, a reference was made to the Central Government on 8 5 75. This petition was heard on 29 10 75 and this Court directed the Government to screen the film on 17 11 1975 in the Auditorium for being shown to the Judges companystituting the Bench. PW 2 adds that he then, rang up Ghose and asked him to get in touch with Tripathi for making the necessary arrangements for transport and delivery of the material. They reached the factory gate where watchman om Prakash PW 31 was waiting for them. PW 2/A 2, the Supreme Court was also informed regarding the steps taken which, according to the prosecution were the prelude to the companyspiracy between the two appellants leading to the seizure, disposal and destruction of the film. After the 23rd November, 1975, Khedkar PW 3, on his showing, went away on leave. Meanwhile, PW 1, Amrit Nahata filed a writ petition in this Court which is Ext. The stand of Tripathi, PW 57, who was also allowed to be cross examined by the prosecution was as follows Shri Dayal gave instructions to Shri K.L. Thereafter, according to the witness, PW 60, Bandlish, had a talk with Ghose and after the Minister had companye, the car was driven to 1, Safdarjung Road. The effort of the prosecution was to establish that on instructions given by A 2 the film material was burnt inside the Maruti Complex on two companysecutive nights and that the fact was reported to A 2 an each of the two following mornings. Ghose. At the time when this talk took place Ghose and Tripathi were present, according to PW 2, who then rang up Vyas Chairman of the Board and gave him similar instructions in the presence of Ghose and Tripathi. At the request of Shri Khandpur, Shri Dayal also spoke to late Shri V. D. Vyas about this matter and told him on telephone that the negative material was to be shifted from Bombay to Delhi and that the transportation arrangement would be explained by Shri Khandpur to hi on his return to Bombay. The first lot of the films was removed to a nearby pit and was burnt there, the operation lasting from 10.30 p.m. to 2.30 p.m. watchman Om Parkash PW 31 however left the place at about 11.00 p.m. because he felt giddy. It is number disputed that Tripathi was number known to PW S, Kane, before the 10th and that by the time the witness saw him at the New Delhi Railway Station he had seen him only once in Bombay. Even Khandpur, PW 4, who has fully supported the prosecution has number said anything in his evidence to indicate that PW2 had said that the materials should be carefully and companyfidentially companylected and sent to Delhi. Even taking the version of this witness at its face value, there is numberhing to show that when A 1 boarded the staff car at Shastri Bhavan he was told either by the driver or by anybody that the film cans had been placed in the dicky and were to be taken to 1, Safdarjung Road or that they had been brought from the Auditorium. Kanwar Singh Yadav, PW 32 met the approver at 9.30 p.m. But there was numberhing to indicate in the files or in the evidence of PW 4 that the materials and negatives, etc.,
were to be sent to the personal custody of the Minister. On the same day the approver directed his assistant named Kanwar Singh Yadav, PW 32 to meet the approver in the Maruti Complex at 9.00 p.m. along with watchman . A similar arrangement was made on the 18th of November 1975, when watchman Om Prakash, PW 31 changed places with watchman Ramdular and went over from A the 3rd to the 2nd shift 2.00 p.m. to 10.00 p.m. As it is, the 15th and the 18th of November 1975, were the only two days in the month on which watchman Om Prakash, PW 31 was on duty during the second shift as a special arrangement. l, Safdarjung Road or to the Maruti Complex. filmic material was lying at Bombay. Further more Khedkar, PW 3 has firmly asserted that on the first of the two nights on which the burning operations were carried out, watchman Om Prakash, PW 31 was on duty from 2.00 p.m. to 10.00 p.m. Thus, all that has been proved is that the cans were transferred from the Auditorium to 1, Safdarjung, Road. and sent to Ministry of 1 B in November 1975. My feeling was that the entire responsibility for the companylection and transportation of the filmic material from Bombay to Delhi was left with Shri K. L. Khandpur. On the other hand, PW 4 says thus I was called by L. Dayal, the Joint Secretary in his office. In this companynection, a letter was addressed to PW 6, Mr. S.M. The then Minister of I B, gave instructions to Shri L. Dayal, Jt. that a raid of the Maruti Complex carried out in 1977 A led to the recovery of the lid of a trunk, an empty can which earlier companytained part of the film material and a gunny bag to the inside of which were found sticking scraps of paper. He averred that on the 15th of November 1975, which was a Saturday and therefore an off day for watchman Om Prakash, PW 31, the latter took over duty from 2.00 p.m. to 10.00 p.m. as a substitute for watchman Tarachand. The witness added that on July 7, 1975 there was another meeting attended by Sarin and other officers which was presided over by A 1 and in this meeting a final decision was taken that the film should be taken over and mention was made that the Defence of India Rules should be pressed into service. By a letter dated 5 11 1975, Ext. In pursuance of the order of this Court, intimation was sent to the Ministry companycerned and PW 62, Mr. S.M.H. In his statement before the police, the witness did number state that PW 61, C. K. Sharma had told him that the saaman of Minister Saheb emphasis being on Minister Saheb was to be transferred to the dicky of the staff car. Shri Dayal asked me to take my seat. On the other hand, the facts disclosed by the prosecution ex facie show that objections to certification of the film had been taken at the very initial stage and the ultimate order was passed during the time when A 1, Mr. Shukla had taken over as Minister, which was merely the final scene of a drama long in process. Burney, who was then Secretary, Ministry of Information Broadcasting, directed that immediate action be taken to implement the orders of the Supreme Court, and that arrangements should be made to book the Auditorium for 17 11 1975. Even when the car reached 1, Safdarjung Road. The film was viewed on April 24, 1975 be an Examining Committee of the Board and while three Members were of the opinion that certificate for exhibition, with drastic cuts should be given, another Member and Mr. N. S. Thapa, the Chairman disagreed with the opinion of their companyleagues and accordingly referred the matter to the Revising Committee. Gujaral, the then Minister of Information Broadcasting but numberfinal decision was taken. The Minister also said that the arrangements for transportation will be made by him and Shri Dayal should get in touch with the personal staff for this. On reaching 1, Safdarjung Road, the Minister went out of the car and a person came and took, away the saaman. PW 17 P. Sreedharan, who was a Technical Officer Incharge also inspected the reels and found them in order. Duty roster exhibit P 22 companyers the entire month of November 1975, and according to the entries appearing therein watchman Om Prakash, PW 31 was to be on duty during the whole of that month in the third shift only, i.e., daily from 10.00 p.m. to 6.00 a.m. This appears to US to be the main reason why A l 11 directed that these materials may be sent from Bombay to Delhi. Projects and was appointed Joint Secretary on, 1st May 1975. I also told him that I had informed Shri Burney accordingly. The witness doles state that his pointed attention was drawn to Tripathi because he had asked him to settle the payment of charges to the companylies and that but for this his attention would number have been drawn to Tripathi. Information in my presence that he wanted the positives negatives etc. He was examined at length in relation to duty rosters P 22 and PW 32/2 which were admittedly prepared by him. Of burning companyld have taken place on the night of the 15th of November or on that of the 18th of November 1975, and on numberother date. The witness further stated that ultimately in the Coordination Committee meeting which was held on July 10, 1975, and was also presided over by A 1, the earlier decision taken by the Government was reiterated. The witness accordingly recorded a numbere and submitted it to Mr. A. J. Kidwai, the then Secretary, Ministry of information and Broadcasting. Babu Ram never informed the Minister about the boxes having been kept in the dicky number is there any evidence to show that the boxes were unloaded from the dicky of the Ministers car either in his presence or to his knowledge. Thereafter, the witness drove A 1 to other places. Besides, the witness admits that in the numbere Ext. Kanwar Singh Yadav told me that Sanjay Gandhi had asked him to scrap the trunks and cans and to dispose them off. negatives, etc.,
in his personal custody so that he would be in a position to destroy the same. He, however, admits that he his statement before the Central Bureau of Investigation, he did number mention the fact that Tripathi had asked him to settle the matter of the payment of charges to the companylies. Kanwar Singh Yadav and he told me about that. It is named Confidential Material Received from B.F.C. The witness found 10 to 12 round boxes which were transferred to the dicky of the staff car. Another link in the chain of prosecution evidence the existence of which seems to have been accepted by the learned Sessions Judge was that two tempos belonging to the Maruti Company were sent to the New Delhi Railway Station where the thirteen trunks which arrived by the Western Express were loaded therein and were taken to l, Safdarjung Road before being transported to Maruti Complex where they were unloaded? The file Ext. Appeals under section 7 of the Special Courts Act, 1979 on transfer from the Delhi High Court at New Delhi from the Judgment and Order dated 27 2 1979 of the Sessions Court at Delhi in Sessions Case No. the positive print and an entry thereof Was made by the Librarian cum Projectionist of the Auditorium which is Ext. On being companyvicted by the Sessions Judge, Delhi, the accused filed appeals before the Delhi High Court against their companyvictions and sentences, indicated above, and were released on bail pending the hearing of the appeals. After a few moments I found Shri V.S. As regards the cans, he told me that he had damaged the cans and thrown them at different places on Rajasthan Highway and Rajasthan Bye passHe told me that the trunks had been cut into pieces and cans had been damaged in the Press Shop. Next morning the approver reported to A 2 that the work had been carried out in part only and that it would be companypleted on the night following, which was done from 10.00 p.m. to, 2.00 a.m. Next morning the approver again made a report to A 2 telling him that the job had been companypleted. 1979, the State also filed an appeal to the Delhi High Court for enhancement of the sentences. 492, 493 and 494 of 1979. These is included Harrison, Tiger and Godrej Locks. L. Arora, K. G. Bhagat, Harish Gulati, Madan Bhatia and D. Goburdhan for the Appellant in Crl. 1 in Crl. The approver signed the key register and obtained the key of the General Store. Moreover, the identification of Tripathi by the witness for the first Lime in the companyrt without being tested by a prior test identification parade was valueless. In order to incriminate the Minister the prosecution urges that this was done by A l to get the. L. Arora, K. G. Bhatat, Harish Gulati and D. Goburdhan for the Respondent No. He denied the companyrectness of the assertion and was company fronted with the following portion E to E of his statement made on the 25th April 1977, to K. N. Gupta, Deputy Superintendent of Police, C.I.A., New Delhi Later, some time in the afternoon, the Minister called me inside his room. 492/79. Both these orders were approved by the Minister which had to be done in companysequence of the decision taken by the Government. On the other hand, an appeal to the Supreme Court is governed by s. 11 1 of the Act which runs thus 11. Sanjay Gandhi asked me to get all those companylected locks melted in a foundry and I got them melted Ram Lakhan was Incharge of the foundry and I handed over the companylected locks to him Thereafter, scrapping of the trunks and their removal was performed by my Asstt. The witness then goes on to state that he passed the order Ext. Godrej locks were 4 or 5 . Soli J. Sorabjee, Sol. About 25 damaged locks were companylected. 1 Notwithstanding anything in the Code, an appeal shall lie as of right from any judgment, sentence or order, number being interlocutory order, of a Special Court to the Supreme Court both on facts and on law. Learned companynsel for the defence companytended that the stand taken by the approver companyld number be accepted at its, face value and had to be rejected lock stock and barrel. Ram Jethmalani, Grish Chandra, S. Markandeya and S. B. Jaisinghani for the Respondent in Crl. R. Mridul, Rajinder Singh, O. P. Sharma, R. C. Bhatia and Vivek Tankha for the Appellant in Crl. On the 27th June 1979, the Central Government made a declaration under s.5 1 of the Act as a companysequence of which the appeals stood transferred to this Court. The approver however explained that the roster companyld be changed from time to time according to the exigencies of the situation. S. Wasu, M. L. Nanda and M. N. Shroff for the Appellant in Crl. I have seen file CFD/51 shown to me, Ex. Panna Lal passed on the order to Om Prakash who was Bus Body Clerk Incharge Stores. The companyrespondence in this regard is to be found in the file Ext. The boxes were opened with the keys which were taken out of the sealed packet mentioned earlier. Both Bandlish and C. K. Sharma have number supported the version of this witness and have denied everything. An appeal under s. 11 1 lies as of right and both on facts and on law. 22 of 1979 and hereinafter to be referred to as the Act was passed by Parliament and received the assent of the President on 16th May 1979. By an order dated December 5, 1979, we disposed of the companystitutional points which were in the nature of preliminary objection to the maintainability of these appeals and overruled these objections. This was followed by another order Ext. On the next day one of the security guards who used to accompany A 2 handed over a sealed packet of paper wrapped in cloth to the approver. Thus, the right companyferred on a companyvict by s. 11 1 is wider and less restricted than the right of appeal given by the Code of Criminal Procedure. Meanwhile, the Special Courts Act of 1979 came into force and by virtue of a declaration made under s. 7 of the said Act.,
the appeals stood transferred to this Court and were placed for hearing before us. 493 494/79. It was also alleged by the prosecution. Both the appeals were originally filed before the Delhi High Court and were admitted by it on the 21st March 1979 when the sentences of the appellants were suspended and they were released on bail. 494/79. Thereafter the Government accepted the amendments suggested by the Rajya Sabha and incorporated the same in the Bill which was then passed and ultimately received the assent of the President on 16th May, 1979. The matter was then examined by Mr. I.K. For the rest of the days during the month he was admittedly never on duty in that shift. On this, there does number appear to be any clear evidence and even the Sessions Judge has based his findings largely on speculation. The State has appeared through Shri Soli J. Sorabjee who has companyntered all the objections raised by the appellants and has submitted that the Act is a valid piece of legislation and that there is numberillegality in the transfer of the appeals from the High Court to this Court. These two criminal appeals are directed against a judgment dated 27th February 1979 of the Sessions Judge, Delhi by which the accused hereinafter referred to as the appellants have been companyvicted under various sections of the Penal Code and awarded sentences of various terms of imprisonment number exceeding two years which have been ordered to run companycurrently in addition to fines. If the appeal is filed before the Supreme Court or is transferred thereto, the accused becomes entitled to a hearing of his case by the highest companyrt in the companyntry both on facts and on law and thus gets a far greater advantage than a right to move the Court for grant of special leave which may or may number be granted, it being a matter of discretion to be exercised by the Supreme Court. As the learned Sessions Judge has given all the necessary details of the prosecution case against the appellants, it is number necessary for us to give all the facts but we propose to give a birds eye view of the sub stratum of the allegations on the basis of which the appellants have been companyvicted, dwelling particularly on those aspects which merit serious companysideration. The following Judgments were delivered FAZAL ALI, J. destroyed. Alternatively, it was argued that some of the provisions of the Act did number at all apply to the appellants and the transfer of the appeals from the High Court to this Court was number legal. The learned Sessions Judge has given full and companyplete details of the prosecution case against the appellants and has divided the allegations against them in several parts. Rajinder Singh B. R. Handa and O. P. Sharma for the Respondent No. He was companyfronted with portion F to F of his said statement to the police where the assertion appears. He also took his seat. Reliance was. The reasons for the said order have been given by us which would form part of this judgment. The Special Courts Act No. On a thorough companysideration of the evidence we find that the companytention well based as we shall presently show. The numberice was made returnable by 9 7 75. I also do number recall whether he mentioned word secretly during this discussion. 340/1978. 493/79. The appellants have raised a number of preliminary objections relating to the companystitutional validity of the Act and various provisions thereof on several grounds including the companytravention of Articles 14 and 21 of the Constitution of India. CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. We have heard learned companynsel for the parties at great length both on the companystitutional points involved in appeals and the facts. PW/6A. On the 17th May. kept and later on. A. | 1 | train | 1980_141.txt |
The appellant had unblemish record of service all through till 1989. Pursuant to the promotion given to him as Inspector, he was to deposit the service revolver and six live cartridges. Notice was issued on March 15, 1991 companyfinedto the question of punishment. Heard learned companynsel on both sides. Leave granted. | 1 | train | 1995_652.txt |
Out of two independent witnesses in the case, Manjeet Singh PW1 turned hostile and Gamdur Singh was won over by the defence and had been examined as defence witness DW2. During the trial, PW1 Manjeet Singh was declared hostile by the prosecution and another independent witness Gamdur Singh was examined as defence witness. Briefly stated case of prosecution is that on 27.07.1994, the police officials during patrolling, when talking with one Manjeet Singh PW1 and Gamdur Singh DW2, saw the suspicious fitter rehra a vehicle driven by the appellant. Manjeet Singh and Gamdur Singh, companyducted the search and during the search, three bags companytaining companymercial quantity of poppy husk 120 kgms. Jaswant Singh DW1. PK found the samples to be Powdered Poppy Husk. Failure to adduce the evidence companynecting the appellant with the fitter rehra that the ownership possession of fitter rehra with the appellant is fatal to the prosecution case, benefit of which ought to have been given to the accused. When the defence has taken the specific stand that the appellant was taken from his house by the police and that stand has been companyroborated by the testimony of DW1, the prosecution ought to have adduced companyent evidence that the alleged fitter rehra on which the appellant was alleged to be carrying 120 kilograms of poppy husk belongs to the appellant. Then, the police in the presence of independent witnesses, i.e. Defence examined one more witness, viz. PW1 and DW2 have further deposed that when they went to police station for some work, they saw the appellant already in custody of police and that their signatures were obtained on the blank papers. Jaswant Singh, who is a Sarpanch of the village and was examined as DW1, has supported the defence version that the appellant was taken away by the police from his home and he was falsely implicated. Police intercepted the vehicle and questioned the appellant about his whereabouts, and found some dubious bags lying in the vehicle. In his cross examination, though DW2 has admitted that Ext. Learned companynsel for the appellant companytended that the case of the prosecution is based solely on the testimony of official witnesses PW2 and PW6 and much weightage ought number to have been attached to their testimony, especially by discarding the testimony of both the defence witnesses. Both PW1 and DW2 have deposed that the appellant was number arrested in their presence number any recovery was made from him. Before searching the bags, police intimated to the appellant that instead of being searched by police whether he wishes to be searched by a Gazetted Officer or a Magistrate and the appellant declined to be searched by them and a companysent memo Ext. Police seized the bags, took sample of 200 grams from each of the bag and sealed them separately, and then sealed the remaining quantity in separate parcels and deposited the same with MHC. Prosecution to prove their case examined as many as six witnesses. On companypletion of investigation, police laid the chargesheet against the appellant under Section 15 of NDPS Act. The sealed samples were sent to Chemical Examiner, who vide his report Ext. were recovered from the appellants vehicle. It was submitted that since both the independent witnesses did number support the prosecution story, the prosecution has number proved its case beyond reasonable doubt and this material aspect has been ignored by the companyrts below. The High Court held that the evidence of PW6 Inspector Raghbir Singh and PW2 H.C.Suraj Mal is unimpeachable and vide impugned judgment dated 10.12.2007 companyfirmed the companyviction of the appellant and dismissed the appeal. Appellant also alleges that number compliance of mandatory provisions under Sections 50 and 52 of the NDPS Act vitiates the alleged recovery of companytraband. PB bears his signature at point A, he disowned his statement in Ext. Per companytra, learned companynsel for the respondent State has supported the impugned judgment and submitted that the provisions of Section 50 of the NDPS Act has been duly companyplied with and the companycurrent findings of the companyrts below recording the verdict of companyviction cannot be interfered with. Challenging his companyviction, the appellant has approached this Court with a companytention that he has been falsely implicated in the case and that he was brought from his house and was put behind the bars. This appeal arises out of the judgment dated 10.12.2007 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.777 SB of 1996, whereby the High Court affirmed the companyviction of the appellant under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for short the NDPS Act and also the sentence of imprisonment of ten years along with a fine of Rs.1,00,000/ imposed on the appellant. Appellant, being aggrieved, filed the appeal challenging the companyviction and sentence of imprisonment before the High Court. PA was drawn. BANUMATHI, J. Delay companydoned. Leave granted. | 1 | train | 2015_743.txt |
374 of 2012 by BPSL. On 28.2.2006, Bhushan Limited altered its name to BPSL. 2790 of 2012 was filed by M s. Bhushan Power and Steel Ltd. formerly known as Bhushan Limited hereinafter referred to as BPSL . In the case of Jindal Steel, recommendation was for 264 hectares in Thakurani RF Block A as against 383 Hectare in respect of BPSL. Other group got incorporated a companypany named as M s. Bhushan Steel Limited BSL . 194 OF 2013 This Writ Petition is filed by Jindal Steel and Power Limited hereinafter referred to as Jindal Steel . It is also pointed out that earlier on 21.10.1997 an area of 998.93 hectares overlapping with applied area of the BPSL, was recommended in favour of M s Larsen Toubro Ltd. in puruance with the said companypany. It is also stated that even when recommendation in respect of BPSL in Thakurani area is made by the State Government and approved by the Union of India, recommendation of Jindal Steel is still pending with the State Government. Further, it is seen that the applied area is overlapping with the applied area of several other applicants, including M s. Larsen Toubro Limited and M s. Tata Iron and Steel Co. Limited. Singhal and Shri Neeraj Singhal, Vice Chairman and Managing Director of Bhushan Steel and Strips Ltd. filed affidavits withdrawing all their claims and rights in the MOU dated 15th May, 2002, executed between the State Government and Bhushan Limited and declaring that the said MOU was and had always been in favour of Bhushan power Steel Ltd. On 12.4.2007, BSSL was re named as BSL herein. Consequent to a family settlement, M s. Bhushan Steel and Strips Ltd. BSSL executed a separate MOA dated 3.11.2005 in which the State of Orissa had identical duties and obligations as those companytained in 2002 MOU. The grievance of this applicant is against the status quo order dated 21.4.2008 passed in the applications filed by the BPSL. XXXXXXX The mutual settlement of the disputes between the members of the Bhushan Group has altered the situation companysiderably, since BSSL has withdrawn its claim under the MOU dated 15th May, 2002 and has declared that the said MOU was and had always been executed by the State Government in favour of Bhushan Power Steel Ltd., which had set up its steel plant at Lapanga. It had entered into MOU with the State of Orissa on 8.5.2002. It is further mentioned that 16 mining lease applications were received in respect of the said area and the Director of Mines vide his report dated 8.11.2002 rejected all other applications except that of Jindal Steel herein, BPSL and three other applicants. Thereafter, even revised ML PL application of M s. Larsen and Toubro Ltd. 601.500 hectares applied while ML Application No. Pursuant to the aforesaid directions, though the BPSL has been given Thakurani Block A, the order has number been implemented qua Keora, District Sundargarh. 14 OF 2013 In I.A. In essence, the petitioner wants same treatment as is given to BPSL and, therefore, has prayed for the extension of the benefit of judgment dated 12.3.2012 to BSL as well. BSL is the petitioner in the instant petition. That was an appeal against the judgment passed by High Court of Orissa whereby the High Court had dismissed the writ petition of the BPSL. 882 and the areas applied vide ML Application No. 14 of 2013, this I.A. These applications were favourably companysidered by the State Government which agreed to accord due priority to Bhushan Limited for grant of suitable iron ore areas and also agreed to recommend the proposal to the Government of India for grant of a Coal Block. Challenging these orders, Bhushan Limited filed the writ petition in the High Court on 8.5.2006. Central Government which passed orders dated 10.7.2003 wherein direction is given to companysider application of M s. Larsen Toubro Ltd. Alongwith about 196 applications for grant of mining lease and after granting an opportunity of hearing to all the applicants. 2 OF 2013 IN I.A. It had also applied for grant of lease of mining of iron ore for use in the proposed plant. 1/ State of Orissa has filed instant I.A. Thereafter, the Government of Orissa made a recommendation to the Central Government on 9.2.2006 to grant mining lease in favour of one M s Neepaz Metallics P Ltd. in relaxation of Rule 59 1 of the Mining Rules, for a period of 30 years. For this purpose it had made a request for acquisition of land, measuring 1250 acres, which was acquired for Bhushan Limited. under Bonai sub division, District Sundegarh to meet the captive requirements of BSL plants. Ltd. M s. Larsen and Toubro Ltd has challenged the aforesaid orders of the Central Government by filing Writ Petition in the High Court which was dismissed by the Single Judge of Delhi High Court. 722.30 hectares approximately in village Kadalia, Kuriyakudar, Mithirda etc. The direction in the nature of mandamus is sought to implement the decision of 12th IIAC Meeting dated 27.8.2003 and terms of MOA dated 3.11.2005 against the State Government by making appropriate recommendation to the Central Government for allotment of the remaining portion in Thakurani RF Block A, District Keonjhar i.e. 14 of 2013 The State of Orissa and its officials who are impleaded as Contemners in the CCP have filed their replies to the CCP expressing certain difficulties because of which they claim that the directions given in the judgment are incapable of enforcement. This significant development was taken numbere of in the judgment dated 14.3.2012 in the following manner As indicated hereinbefore, on 21st April, 2008, this Court passed an interim order in the Special Leave Petition filed by Bhushan Limited directing the parties to maintain status quo with regard to the lands indicated in the application filed by the appellants for grant of mining lease. These areas fall almost entirely within the areas numberified on 23.8.1991 under Rule 59 1 of the Mineral Concession Rules, 1960. 14 of 2013 as well, in which certain subsequent developments which have taken place after the passing of the judgment dated 12.3.2012 are traversed. However, this recommendation was withdrawn for certain reasons. is preferred by M s. Shri Mahavir Ferro Alloys Pvt. WRIT PETITION C NO. However, one of the most significant developments that subsequently took place was that on 25th November, 2011, Shri B.B. The validity of the numberification dated 23.8.1991 is an issue in SLP c No. 1079 i.e. It is stated in the writ petition that this petitioner became an intervenor in C.A. The above named persons also prayed for deletion of their names from the array of parties. No. Appeal thereagainst was dismissed by the Division Bench on 3.7.2012. 31593 of 2010 and companynected cases which are number listed for hearing on 17.01.2013 before another Division Bench of this Honble Court. That is precisely the cause for filing Contempt Petition Civil No. The said companypany challenged the order of rejection before the Revisional Authority i.e. All the aforesaid matters were heard analogously as they are inter companynected. Simultaneously, Respondent No. K SIKRI, J. Were rejected. A. NO. | 0 | train | 2014_219.txt |
71/1978, was dismissed. 20/1985 whereby the appeal from judgment and decree dated 14.3.1985 passed by the Munsif Court, Samastipur, in Title Suit No. Another suit, however, was filed in the Court of Munsif II, Samastipur, which was marked as Title Suit No. The said suit was dismissed on 27.5.1977. 71/1978, on the premise that the said Parcha under Section 6 2 of the Act, was issued without jurisdiction and the same had been fraudulently obtained. A Parcha was purported to have been granted on or about 29.9.1969 by the Collector of Samastipur District, in terms of the provisions of Section 6 of the Bihar Privileged Persons Homestead Tenancy Act, 1947 the Act, for short , the father of the respondents Nos. Any other relief or reliefs which may be deemed suitable a decree to that effect may be passed in favour of the plaintiff against the defendant. The reliefs prayed for in the said suits are On companysideration of the above facts the companyrt be pleased to set aside the order of the B.D.O., Pusa passed in case 1166/69 70 on 29.9.69 u s. 6 2 of the Act as being without jurisdiction and fraudulently obtained. 1 to 5 filed a suit for eviction against the appellant herein, purported to be one under Bihar Buildings Lease, Rent Eviction Control Act, 1947. In the second appeal which was filed by the appellant, the following purported questions of law were formulated Whether the suit for setting aside the order dated 29.6.69 in absence of any companysequential relief for possession was barred under Section 34 of the Specific Relief Act, in view of the decision of Supreme Court in case of Vinay Kirshna v. Keshav Chandra Anr., 29 of 1993 affirming the judgment and decree dated 20.1.1993 passed in Title Appeal No. The defendant in the suit is before us aggrieved by and dissatisfied with the judgment and decree dated 18.8.1999 passed by a learned Single Judge of the High Court of Judicature at Patna in Second Appeal No. He was, however, said to be a landless person. No appeal thereagainst was filed . B. SINHA, J. The appellant herein was a tenant under the respondents. The basic fact of the matter is number in dispute. | 1 | train | 2007_1385.txt |
It was companytended by Defendant No.2 that the sale between the plaintiff and Defendant No.1 was number binding on him. Defendant No.2 i.e. It was further companytended that Defendant No.2 was number aware of the previous transaction between the Plaintiff and Defendant No.1. But defendant Nos. By virtue of the said companypromise decree Defendant No.2 obtained the sale deed from Defendant No.1 in respect of the suit property. Issue No.6 was also answered in negative and the companytention of Defendant No.2 that the agreement of sale between the plaintiff and Defendant No.1 as a sham document. A written statement was filed by Defendant No.1. It was pointed out that Defendant No.1 did number reveal previous transaction between himself and the plaintiff to him. It was further prayed that Defendant No.2 was also bound to execute the sale deed along with Defendant No.1 and hand over possession of the suit property. The plaintiff assisted the Defendant No.1 in obtaining necessary permission from the companypetent authority. It was companytended that Defendant No.1 agreed to sell the suit property and entered into an agreement for sale on March 8,1982. The decree passed against Defendant No.1 was number challenged by him but since the decree affected the rights of Defendant No.2, he filed an appeal companytending that he was a bona fide purchaser of the suit property for companysideration and he had numberknowledge about the plaintiffs interest in it, agreement of sale executed in favour of the plaintiff by Defendant No.1 was number binding on him. But Defendant No.1 after getting necessary permission for sale failed to execute the sale deed accepting the balance companysideration money of Rs.13,500/ from the plaintiff. O.S.No.101 of 1983 for specific performance which was decreed by companypromise and Defendant No.1 subsequently executed the sale deed in his favour. He denied the allegation in the plaint but subsequently Defendant No.1 did number companytest the suit. The plaint was subsequently amended on account of the new facts companying to the light that Defendant No.1 has executed another agreement for sale in favour of Defendant No.2 on March 8,1982. In spite of requests by the plaintiff, Defendant No.1 did number execute the registered sale deed receiving the balance amount. With regard to Issue No.7, that Defendant No.2 is a bona fide purchaser, it was answered in negative and it was held that the sale deed executed in favour of Defendant No.2 was illegal. Since Defendant No.1 avoided to execute the sale deed, therefore, he filed the suit i.e. Therefore, the plaintiff amended the plaint and impleaded Defendant No.2 and prayed that the companylusive decree obtained by Defendant Nos.1 2 is illegal, void and number binding on the plaintiff. Defendant No.1 took the plaintiff to the Sub Registrars Office on February 23, 1982 and persuaded him to purchase the stamp paper but Defendant No.1 escaped from the Office of the Sub Registrar when the sale deed was about to be registered. It was also pointed out that he was a tenant in the suit premised under Defendant No.1 since long time. He denied the allegation about the agreement of sale executed in favour of the plaintiff. The plaintiff got a news item published in Vishwavani daily on March 24, 1982 about the earlier transactions between himself and Defendant No.1 with respect to the suit property. Defendant No.1 agreed to sell the suit property to the plaintiff on March 13, 1981 for a sum of Rs.15,500/ and received an advance of Rs.2,000/ and executed an agreement for sale agreeing to execute the sale deed within two months after obtaining necessary permission. Aggrieved against the said judgment and decree passed by the trial companyrt, Defendant No.2 i.e. Therefore, the learned Munsif decreed the suit of the plaintiff for specific performance of the companytract. Hence the present appeal by the plaintiff. Brief facts for disposal of this appeal are that the Defendant No.1 was the owner of the suit property which is a house bearing HDMC No.715 companyprised in CTS No.1529/16 C situated at Hubli. Hence, the suit was filed for specific performance of the agreement by the plaintiff and in the alternative the plaintiff also prayed if the companyrt were to companye to the companyclusion that specific performance cannot be granted then a decree for refund of the earnest money including the companyt of registration and damages to the plaintiff should be awarded. Aggrieved against the said order Defendant No.2 preferred a second appeal being R.S.A.No.68 of 1994 before the High Court. the second purchaser filed an appeal before the first appellate companyrt though Defendant No.1 did number prefer any appeal against the said order of the trial companyrt. But the first appellate companyrt did number agree and dismissed the appeal filed by Defendant No.2 and affirmed the judgment and decree passed by the trial companyrt. This appeal is directed against an order passed by learned Single Judge of the High Court of Karnataka at Bangalore in Regular Second Appeal No.68 of 1994 whereby learned Single Judge by his order dated October 17,1997 has allowed the second appeal of the defendant No.1 and set aside the order passed by the trial companyrt and the first appellate companyrt and dismissed the suit filed by the plaintiff for specific performance but decreed the suit of the plaintiff for the alternative relief for refund of the purchase money of Rs.15,000/ with future interest and the companyrt companyts from Defendant No.1. Learned Munsif after hearing the parties and companysidering the relevant evidence came to the companyclusion that Issue Nos.1 to 4 regarding agreement of sale executed in favour of the plaintiff and also the ready and willingness of the plaintiff in affirmative. It was further pointed out that he was a bona fide purchaser for the value of the suit property. 1 2 with an intention to defeat and defraud the plaintiff filed another companylusive suit being S.No.101 of 1983 before the Munsif, Hubli and obtained a companypromise decree. The plaintiff was ready and willing to perform his part of the companytract according to the terms and companyditions of the agreement of sale on March 13, 1981. Aggrieved against this order the Special Leave Petition was filed by the plaintiff. 2 declined to companyfirm the decree granted by both the companyrts below but directed that the plaintiff is entitled to the alternative relief as claimed by him i.e. He also answered Issue No.5 in negative. It was held that the sale agreement was number taken for security of the loan and the parties never intended to act upon it. refund of money with companyts. the subsequent purchaser was impleaded as a party by amendment of the plaint carried on November 21, 1986 and assisted the suit by filing the written statement. On the pleadings of the parties, eleven issues were framed by the trial companyrt. Both the parties led necessary evidence. K. MATHUR, J. | 1 | train | 2005_171.txt |
The Village Officer had marked one portion shaded and other portion unshaded, and it was stated that the property with green shade was cultivated with cashew and the property unshaded was cultivated with rubber and cashew trees. 1293 of Ayyankunnu village, Tellichery Taluk of Kannur district hereinafter referred to as schedule property , Signature Not Verified Digitally signed by is number a private forest as defined in the KPF Act. 46/99 filed by the respondents under Section 8 of the Kerala Private Forests Vesting and Assignment Act, 1971 for short KPF Act . It was found that cashew trees and rubber plantation therein were more than 30 to 40 years old. SUSHIL KUMAR RAKHEJA Date 2019.01.22 175658 IST Reason By relying on a Commissioners report in a civil case, the respondents companytended that the schedule property was under cultivation when the KPF Act came into force. 1247 of 2000 dated 18.09.2007, whereby the High Court of Kerala has allowed the appeal while setting aside the order of the Forest Tribunal dated 22.07.2000 in O.A No. The respondents filed the aforesaid petition before the Forest Tribunal for a declaration that 1 acre 30 cents of land in survey No. ABDUL NAZEER, J. This appeal is directed against the judgment in M.F.A No. | 0 | train | 2019_70.txt |
On the same day, he was admitted in Bowring and Lady Curzon Hospital, Banglore. In his affidavit, PW 2 Dr. S.Ranjanna companyfirmed that the appellant was admitted in Bowring and Lady Curzon Hospital on 8.9.2003 and was discharged on 22.9.2003 that he had examined the patient on 2.5.2005 and found that he was having altered gait, frequency of inculcation and was finding difficult to sit with cross legs or squat. After companysidering evidence produced by the parties, the Tribunal held that the accident was caused due to rash and negligent driving of the bus owned by respondent No. As regards his earning, the appellant gave out that at the time of accident, he was working as Carpenter and was earning Rs. 31,000/ The appellant became a victim of road accident which occurred on 8.9.2003 when he was hit from behind by bus bearing No. He was discharged on 22.9.2003. 5,000/ per month and that after the accident he was number in a position to work as carpenter. In the affidavit filed by him before the Tribunal, the appellant categorically stated that due to accident he had suffered injuries on the abdomen and other parts of the body that he was shifted to Bowring Hospital, where he remained for 15 days that thereafter, he went to his native place at Gorakhpur and remained admitted in Royal Hospital from 29.9.2003 to 10.10.2003 that he had also taken treatment at Sri Krishna Hospital and Urology Centre as indoor patient from 12.10.2003 to 13.10.2003 and that he had spent Rs. In the petition filed by him under Section 166 of the Motor Vehicles Act, 1988 for short, the Act , the appellant claimed companypensation of Rs.5,00,000/ with interest by making the following assertions that at the time of accident, his age was 24 years that the accident was caused due to the rash and negligent driving of the bus that due to the accident, he had sustained grievous injuries and remained in the hospital and that his treatment was still companytinuing that he had spent Rs.5,000/ by way of medical expenses that he was apprehensive of becoming disabled and that the same would result in loss of earning and affect his livelihood and that he would have to suffer companystant pain and discomfort throughout his life. In cross examination, Dr. Ranjanna made the following statement Patient walks with a riding gait. The Tribunal then companysidered the issue of companypensation, referred to statement made by the appellant in the form of affidavit as also the statement of Dr. S. Ranjanna, Orthopaedic Surgeon at Bowring and Lady Curzon Hospital, who was examined as PW 2 and held that the appellant is entitled to companypensation of Rs.45,000/ with interest at the rate of 8 from the date of application till the date of deposit. 1 2 denied the allegation of rash and negligent driving of the bus and pleaded that they were number liable to pay companypensation. He further stated that due to accident, he was finding it difficult to pass urine and was having severe pain in the lower part of the abdomen that the Doctors had advised him to undergo an operation to set right the problem but due to financial companystraint he was number in a position to undergo the surgery. Loss of expectation of life. Loss of amenities including loss of the prospects of marriage. This appeal is directed against the judgment of the Division Bench of the Karnataka High Court whereby the companypensation awarded to the appellant by Motor Accident Claims Tribunal 4 Metropolitan Area, Bangalore for short, the Tribunal in MVC No. 860/2004 was enhanced by a paltry sum of Rs. KA 04 A 3784 belonging to respondent No. 40,000/ towards medicines, companyveyance and other charges. Dissatisfied with the award of the Tribunal, the appellant filed an appeal under Section 173 of the Act. Raghupathy, learned companynsel for the appellant and perused the record. We have heard Mr. V.N. In their written statements respondent Nos. S. Singhvi, J. | 1 | train | 2011_1136.txt |
The appellant was selected by the Union Public Service Commission for appointment to the post of Senior Public Prosecutor, Central Bureau of Investigation, Ministry of Home Affairs, Government of India. The respondents in their companynter before the Tribunal stated that after the receipt of recommendation from the Union Public Service Commission other formalities were gone into and it was found that the appellant was number a suitable person for appointment to the post of Senior Public Prosecutor. 123/86. Police Station Haldwani, Senior Sub Inspector Local Intelligence Unit Nainital and finally by the Senior Superintendent of Police, Nainital who appended the endorsement character verified and found companyrect. C. Mahajan, Gauray Jain and Ms. Abha Jain for the Appellant. The District Magistrates letter letter was based on the verification done by incharge Chowki Kathgodam. No reply having been received from either of the authorities, he filed an application before the Central Administrative Tribunal, Allahabad on February 25, 1986 seeking mandamus directing the respondents to appoint him to the post of Senior Public Prosecutor. From the Judgment and Order dated 19.1.1987 of the Central Administrative Tribunal in Registration O.A. The respondents filed the documents companytaining reasons for the unsuitability of the appellant, in sealed companyer, before the Tribunal. Not satisfied with the initial verification in favour of the appellant further investigations were made regarding his character and antecedents and it was finally companycluded that the appellant was number a suitable person to be appointed to the Government service. After waiting for some time he submitted a representation to the Director, Central Bureau of Investigation on February 8, 1985 and another representa tion to the Government of India on May 13,1985. The Tribunal did number open the sealed companyer and relying upon the averments in the companynter filed by the respondents dismissed the application of the appellant. 1732 of 1993. Other candidates selected along with the appellant were appointed but numberappointment order in respect of the appellant was issued. By a letter dated July 16, 1984 he, along with two other candidates, was recommended for appointment to the said post. He was medically examined on August 29, 1984 and was found fit. N. Goswami, Tara Chand Sharma and C. V. Subba Rao for the Respondents. Ail intimation to this effect was also received by the appellant. This appeal by way of special leave is against the judgment of the Tribunal. An affidavit claiming privilege was also filed. The judgement of the Court was delivered by KULDIP SINGH J. CIVIL APPELLATE JURISDICTION Civil Appeal No. Special leave granted. No. | 0 | train | 1993_286.txt |
Notice of Publication of Outline Development Plan. It was further urged that the Regulations were distinct from the Outline Development Plan and that in the case of the Regulations, there was numberattempt whatever at publication. The Board prepared an Outline Development Plan For short, O.D.P. 2780 of 1982 and Writ Petition No. 2780 of 1982 from raising further companystruc tion. Shri Cooper, learned companynsel for the appellants urged that publication of the Outline Development Plan and the Regulations in the prescribed manner, that is, in the Offi cial Gazette was mandatory under Section 13 4 and that failure to so publish the Outline Development Plan and the Regulations rendered them ineffective. The Division Bench companymenced hearing the writ petitions on 16.3.82 and on 22.3.82 a further companytention was raised by the appellants that the Outline Development Plan and the Regulations were never published, companysequently they have never become effective and, therefore, there was numberneed for any companypliance with the requirements of the plan and the regulations. The licences already granted to the appellants companyld number be cancelled or directed to be modified so as to be in accord with the Outline Devel opment Plan and the Regulations. It was submitted that such defect as there was in the publication of the Plan and the Regulations was effec tively cured by Section 76J and the passage of time. Raj Mahal Vilas Extension is a sparsely developed area of the city of Bangalore which the Bangalore Improvement Trust Board desired to develop under the provisions of the city of Bangalore Improvement Act, 1945. Gone are the flowers, gone are the trees, gone are the avenues. It was a city with magic and charm, with elegant avenues, gorgeous flowers, lovely gardens and plentiful spaces. 1982 of the Karnataka High Court in Writ Petition No.3386 and 3387 of 1981 S. Cooper, Dr. Y.S. 2780 81 of 1982 From the Judgment and Order dated 11.6. gone are the spaces. 3386 of 1981 out of which arises Civil Appeal No. 2781 of 1982 were filed on 25.2.81. 3387 of 1981 out of which arises Civil Appeal No. Writ Petition No. In Writ Petition No. There was also a prayer to require the Bangalore Urban Arts Commission to recommend to the State of Karnataka against the companystruction of high rise buildings in any of the existing extensions of Bangalore. Shroff, S.S. Shroff and Mrs. Kiran Chaudhary for the Appellants. Singh, S.S. JavaIi, G.P. The Judgment of the Court was delivered by CHINNAPPA REDDY, J. Bangalore was a beautiful city once. We are number greeted with tail puffing 1062 chimneys and monstrous high rise buildings, both designed to hurt the eye, the environment and the man. That was before the invasion of companycrete and steel, of soot and smoke, of high rise and the fast buck. Shivaprakash and B.P. However, in the special leave petition filed by 1065 the appellants the order of the learned Single Judge was restored subject to an undertaking given by the appellants that in the event of the original writ petition being al lowed and the companystruction being required to be pulled down, the appellants will number raise any objection and will number plead the companystruction during the pendency of the writ petition as a defence to the pulling down of the companystruc tion. The present appellants companytested the writ petitions. The writ petitions appeared to have been argued in the first instance before a learned single Judge who after hearing the petitions for some companysiderable time referred them for hearing by a Division Bench. The present appellants as well as the petitioners before the High Court were all of them allottees 1064 from the Improvement Trust Board. 3386 of 1981 an interim order was initially refused by a learned Single Judge but on appeal a Division Bench of the High Court granted an interim order restraining the appellants in Civil Appeal No. Chitale, Mrs. P.S. A lay out was prepared and companyditions were imposed for companystruction of houses on the sites. Veerappa, A.K. Sharma, K.N. The work was companypleted after the undertaking was given to the Division Bench of the High Court. In February 1963 the Mysore Town and Country Planning Act, 1961 came into force with effect from January 15, 1965. Land was acquired and plots were allotted to several people. Dated, 27th June 1972. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. Singh for the Respondents. Not number. | 0 | train | 1987_480.txt |
1172 of 1962. 793 of 1962. 190 of 1962. The revision was dismissed on September 27, 1962. The appeal was dismissed on September 22, 1962. The revision filed in the High Court by the Appellant was dismissed on September 27, 1962. On September 28, 1962 the appellant filed a petition praying that under ss. The said Magistrate, on May 31, 1962, companyvicted him under ss. Appeal by special leave from the judgment and order dated September 27, 1962 of the Punjab High Court in Criminal Revision No. The Act was extended to Gurgaon District on September 1, 1962 and, therefore, at the time the appellant was companyvicted by the Magistrate, the Magistrate had numberpower or duty to make any order under the Act. The appellant preferred an appeal against his companyviction and sentences to the Additional Sessions Judge, Gurgaon, who by his judgment dated September 22, 1962, dismissed the appeal. The appellant was companyvicted by the trial Court on May 31, 1962, prior to the application of the Act to that area,. The Act was applied on September 1, 1962, by a Government Notification, when the appellants appeal was pending in the Court of the Sessions Judge. 134 1 c of the Constitution for grant of certificate of fitness for leave to appeal to this Court, but it was refused on October 19, 1962. The petition for special leave filed in this Court sought leave to appeal against the order and judgement dated September 27, 1962 in the main revision case and number against the order rejecting the petition, Criminal Miscellaneous, No. After the revision petition was disposed of, it appears that the appellant filed Criminal Miscellaneous Petition No. 134 1 c of the Constitution dated October 3, 1962, printed at p. 25 of the appeal record and in the grounds of appeal accompanying it. He was sent up for trial before the Magistrate, First Class, Palwal. SUBBA RAO, J. The ground, as recorded, prima facie showed that such an application was for leave to appeal against the order in the Criminal Revision, No. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The appellant, a resident of Palwal in Gurgaon District, companymitted house trespass and tried to outrage the modesty of a girl aged 7 years. 134 1 c of the Constitution for a certificate of fitness to appeal to this Court. was delivered by Subba Rao J. Raghubar Dayal, J. delivered a dissenting Opinion. Nanak Chand, for the appellant. 200/ on the appellant under s. 451 of the Indian Penal Code and ordered that, in default of payment of fine, he should undergo rigorous imprisonment for two months. This appeal by special leave raises the question of jurisdiction of an appellate companyrt to exercise its power under s.6 of the Probation of Offenders Act, 1958 Act, No. 3, 4 and 6 of the Act the petitioner be released or that he be dealt with under s. 562 2 of the Code of Criminal Procedure, hereinafter, called the Code. The appellant went in revision to the High Court. The Judgment of Subba Rao and Das Gupta JJ. 451 and 354 of the Indian Penal Code and sentenced him to six months rigorous imprisonment under each companynt and directed that the sentences should run companycurrently. That petition having been dismissed, the appellant has preferred the present appeal to this Court by obtaining special leave. The appellant filed a petition in the High Court under Art. Neither this petition number the order of rejection was mentioned in the petition for special leave to appeal. Though by the time the Additional Sessions Judge disposed of the appeal the said Act had companye into force, neither the appellant relied upon the provisions of the Act number did the learned Additional Sessions Judge exercised his power there under. 20 of 1958 , hereinafter called the Act, in respect of an accused who was companyvicted by the trial companyrt before the Act The facts are number number in dispute. It was number a companyrect statement in paragraph 9 of the special leave petition, to the effect that the petitioner filed an application under Art. Sachthey and R.H. Dhebar, for the respondent. Reference to these is found in the petition filed in the High Court for leave to appeal to this Court under Art. Gopal Singh, R.N. The appellant did number draw the attention of the Court to the provisions of the Act. In these circumstances, the special leave granted is liable to be revoked. The appellant was 16 years old at the time of his companyviction. April 10, 1964. He further imposed a fine of Rs. The Court did number companysider them. That application was rejected. | 1 | train | 1964_29.txt |
After filing of the appeal, the appellant Ramesan died on 21.12.2007. Statement of Ramesan was also recorded under Section 313 of Cr. 2.3 An appeal was filed by the first accused Ramesan in the High Court being Criminal Appeal No. Charge under Sections 55 a and Date 2020.01.21 164715 IST Reason g of the Kerala Abkari Act was framed. Brief facts of the case giving rise to this appeal are 2.1 A First Information Report was registered against Ramesan under Sections 55 a and Signature Not Verified g of the Kerala Abkari Act 1 of 1077 Digitally signed by MEENAKSHI KOHLI ME . 2.2 Additional Session Judge vide its order dated 20.12.2006 companyvicted the first accused Ramesan under Section 55 a and imposed imprisonment for a period of two years and a fine of Rs. In default of payment of fine amount, accused was to undergo simple imprisonment for six months each under Sections 55 a and g of the Abkari Act. The accused was also companyvicted and sentenced under Section 55 g of the same punishment of imprisonment of two years and fine of Rs. 254 of 2007 on 06.02.2007. The High Court numbericed the factum of death of the appellant on 21.12.2007, however, proceeded to decide the appeal on merits referring to the principle under Section 394 Cr. Learned companynsel for the appellant companytended that in view of the death of the accused on 21.12.2007, the High Court ought to have abated the entire appeal. P.C. One Lakh. Prosecution led oral and documentary evidence to prove the charge. P.C., who companypletely denied the incident and charge. This appeal has been filed against the judgment of the High Court of Kerala dated 06.03.2014 by which Criminal Appeal of the appellant has been dismissed. ASHOK BHUSHAN,J. The High Court after companysidering the evidence on record upheld the companyviction. | 1 | train | 2020_67.txt |
of which Shri D. Shah was the Karta? Shri D. C. Shah was paid a remuneration of Rs. The Income Tax Officer in assessing the Hindu Undivided Family included the remuneration received by Shri D. C. Shah as a part of the share income from the respective firms. The respondent is a Hindu Undivided Family hereinafter called the assessee of which Shri D. C. Shah is the karta. The assessee through its karta Shri D. C. Shah was a partner in the firms of 1 M s C. U. Shah and Co. and M s Oriental Can Manufacturing Co. as per terms and companyditions set out in the Instruments of Partnership dated 5 6 1961 and 11 9 1957. The amounts received by Shri D. C. Shah were shown by the assessee in its, returns of income along with balance of the share income from the aforesaid firms. Before the Appellate Assistant Commissioner the assessee companytended that remuneration received by Shri D. C. Shah was his personal income and the amounts were wrongly shown in the returns of the Hindu Undivided Family as its income and should number have been included in the assessment. 12,000/ per 1 year for both the assessment years by M s C. U. Shah and Company. 1 Shri D. C. Shah who has been managing the business of this firm shall hereinafter also companytinue to act as Managing partner for companyducting the said business free from any interference of other partners, of whatsoever nature. At the instance of the assessee, the Income Tax Appellate Tribunal stated a case to the High Court on the following question of law Whether on the facts and in the circumstances of the ease.,
was the salary received by D. C. Shah from the two firms of M s C. U. Shah Co. and M s Oriental Can Manufacturing Co., includible in the assessment of the H.U.F. In so companytending the assessee relied on clauses 8, 9 and 10 of the Instrument of Partnership dated 5 6 1961 by which the firm of M s C. U. Shah and Company was companystituted. The said Managing partner shall companytinue to be the Managing Partner for his life time or his retirement whichever is earlier. The Income Tax Officer thereafter preferred appeals to the Income Tax Tribunal which set aside the order of the Appellate Assistant Commissioner and held that the remuneration paid should be included in the total income of the assessee. 10,000/ for the assessment year 1959 60 by the Oriental Can Manufacturing Company. The assessee also relied on clauses 14, 15 and 16 of the Instrument of Partnership dated 11 9 1957 by which the firm of M s Oriental Can Manufacturing Company was companystituted. All other partners shall devote as much time to the furtherance of the partnership business as they think proper,. C. Chagla, Sharad J. Mhaispurkar, O. P. Malhotra and C. Mathur, for the respondent. 1,000/ Rupees one thousand only per month in addition to all other benefits that he is entitled to enjoy as a partner of the firm. These appeals are brought by special leave on behalf of the Commissioner of, Income Tax, Bangalore from the judgment of the Mysore High Court, dated 19th January, 1965 in Income Tax Reference No. The said Managing partner shall manage, direct, appoint and or remove any one of the employees, and or do all other things, which include right to draw cheques, to make, deliver and accept documents either legal or companymercial in respect of the partnership business as may be deemed necessary for effectively carrying on the partnership business. Niren De, Attorney General, S. C. Manchanda and R. N. Sach they, for the appellant. necessary and a visable. The assessment years are 1959 60 and 1960 61 and the relevant accounting periods are Samvat years 2014 and 2015. 817 and 818 of 1966. 1 of 1964. He was paid Rs. Appeals by special leave from the judgment and order dated January 19, 1965 of the Mysore High Court in I.T.R.C. The Judgment of the Court was delivered by Ramaswami, J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. No. | 0 | train | 1969_165.txt |
She was informed that there was the dead body of a young girl lying in the field. Shantabai identified the dead body to be that of her grand daughter Nisha. 12 one Sitaram Deokar that she had seen a body lying in the sugarcane field. There she numbericed the dead body of a young girl lying among the sugarcane crop. Tanhabai then informed her son P.W. Sitaram Deokar informed the police. 6 one Tanhabai Davkar went to the field to cut grass. At the time when the dead body was found in the sugarcane field one empty jute bag stained with blood was also found at the spot. The efforts of all the members of the family to find out the young girl bore numberfruits. The dead body was sent for post mortem examination, which was companyducted by P.W. 10 one Shantabai and her son Satish had gone to the market for purchasing Puja articles and some fire crackers. When they returned home they found that Nisha the daughter of Satish aged 3 years was number at home. In the meantime, Shantabai came to the police station to make enquiries. On 24th October, 1995 P.W. on upperlip on both sides. 2 Dr. Anil Shinde who found the following external injuries Over face C.L.W. Briefly stated the facts are as follows On 23rd October, 1995, which was a Diwali day, P.W. Therefore, a missing report was lodged with the police station. N. VARIAVA, J. This Appeal is against a Judgment dated 7th July, 1997 of a Division Bench of the Bombay High Court as per which the companyviction and sentence awarded to the Respondent by a Sessions Court were set aside, and he was acquitted. | 0 | train | 2001_740.txt |
PW1, who treated the deceased, informed PW5 that the deceased was fully companyscious and was in a companydition to give her statement. Dr. Suresh Pawar PW3 informed PW4 that the deceased was fully companyscious and was in a companydition to give statement. PW4 recorded the second dying declaration Ext. The first dying declaration was recorded by PW5, the Head Constable on 19.10.1998 when the deceased was admitted to the Civil Hospital, Satara. PW3, who examined the deceased, also informed PW4 that the deceased was fully companyscious, well oriented and in a fit companydition to give the statement. PW5, in the presence of PW1, recorded the dying declaration Ext. PW1 found that she was fully companyscious and was in a companydition to give statement. P26 was recorded by PW5, in the presence of PW1. P23 of the deceased, which was sealed in an envelope Ext. PW4, therefore, recorded the second dying declaration in the presence of PW3. A 2 then sprinkled kerosene from a plastic can over the body of the deceased and A 1 then lit a match stick and set fire on the saree of the deceased. Barge, PW1 treated her and informed Head Constable Shelar PW5 regarding the admission of the deceased, in an injured companydition. The deceased succumbed to the burn injuries on 21.10.1998 and accused were charge sheeted. After first aid, the deceased was referred to the Civil Hospital, Satara and on 19.10.1998, at about 3.10 AM she was admitted there. Father of the deceased, Rajaram Mahadu Tupe PW6 , also met the deceased, who had also narrated the same incident to him, which was companysidered as the third dying declaration. Later, Special Judicial Magistrate PW4 reached the Civil Hospital, Satara. Statements therein were further companyroborated by the evidence of PW6, father of the deceased. PW7 seized the plastic can, match stick and partly burnt cloths from the spot where the deceased extinguished the fire by rolling on the ground. PW4, who companyducted the post mortem examination, stated that burn injuries found on the body of the deceased were ante mortem injuries, which were sufficient to cause death. P24 and was deposited in the Court of the CJM, Satara. Later, the Special Magistrate PW4 also reached the Civil Hospital. On getting information, parents of the deceased came to the spot and took her to the nearby Public Health Centre, Mayani. Deceased shouted for help and rolled down on the ground and ultimately succeeded in extinguishing the fire, but by the time she had suffered more than 80 per cent burns over the body. PW7, the investigating officer, came to the spot of the incident and prepared the spot panchnama. The prosecution story is as under A 1 son and A 2 father returned to their house on 18.10.1998 at about 7.00 PM, fully drunk. On reaching home, they demanded Rs.200/ to Rs.300/ from the wife of A 1. On refusal, she was severely beaten up and asked to bring it from her parental house. S. Radhakrishnan, J. Appellant herein, accused No.1 A 1 along with his father, accused No.2 A 2 was charge sheeted for the offences of murder of his wife under Sections 302, 498A read with Section 34 of the Indian Penal Code. A 1 and A 2 were found guilty and sentenced to suffer imprisonment for life, with a default sentence. A 2 later died and A 1, aggrieved by the judgment of the High Court has filed this appeal. Aggrieved by the order of companyviction and sentence, they filed Criminal Appeal No.11 of 2000 before the High Court of Bombay and the same was dismissed vide judgment dated 09.02.2004. Dr. | 0 | train | 1947_278.txt |
14542 14547, 14537, 14541, 14540, 14539, 14536, 14535/96 SLP C Nos.9273 78, 14606, 8336, 17195, 16791 of 1994 and 1389 117 of 1996 O R D E R Leave granted. We have heard learned companynsel on both sides. WITH CIVIL APPEAL Nos. | 1 | train | 1996_1408.txt |
Subsequently again, within the period of probation, a fresh order of termination was passed which was as follows Sri L.A. Balakrishna, Assistant Professor, Department of Mechanical Engineering will be relieved of his duties with effect from 1.8.1991, he may be paid his dues if any. Within the probationary period, by order dated 16th June, 1991, his services were teminated. In the order terminating the services, it was mentioned as follows As a matter of policy, as usual, a companymittee was companystituted to go into the general performance of each staff. The respondent was appointed to the post of Assistant Professor on 22nd September, 1990 on probation. Hence, the Institution feels that your services are numberlonger required The aforesaid order was challenged before the Educational Tribunal on the ground that the order terminating, the appointment cast a stigma and, therefore, such an order companyld number be passed without holding a departmental inquiry. The companymittee after having gone through the records of each individual right from the date of his her inception into the Institute is of the opinion that your on the job proficiency is number upto the mark. Before the Tribunal, the appellants herein companyceded and the said order of termination was set aside. This order was again challenged and the Tribunal came to the companyclusion that the real reason for passing this order was that his services were found to be unsuitable and, therefore, this was by was of punishment, The order was set aside and the high Court upheld the decision of the Tribunal. Hence, this appeal. 2001 1 SCR 387 The following Judgment of the Court was delivered Special Leave granted. | 1 | train | 2001_1034.txt |
The finding of the High Court was challenged before us in this appeal on the ground that the same is number based on evidence and is companytrary to the opinion recommendations of the medical experts as regards to the petitioners illness. | 0 | train | 2006_289.txt |
in Linguistics. in Linguistics in the Department of Hindi. Part I and Part II for Hindi Language and Literature and the other for Linguistics A. Parts I and II one in Hindi Languages and Literature and the other in Linguistics. Part I and Part II in the subject of Hindi Language and Literature, and Linguistics separately. Part I and Part II, one in Hindi Language and Literature, and, the other in Linguistics. The prospectus of Lucknow University, Department of Hindi and Modern Indian Languages prescribed the following companyrses of study for M.A. A. part I Language and Literature Paper I Prachin Hindi Kavya Paper II Madhyayugeen Kavya Paper III Basic and Modern Indian Language Paper IV History Hindi Literature and Criticism Paper V Adhunik Hindi Gadya A. and Part II Language and Literature There shall be four papers and a viva voce test. There is numbercontroversy between the parties that the pro spectus of Lucknow University Department of Hindi and Modern Indian Languages prescribed the companyrses of study for M.A. Part 11 Linguistics There will be four papers and a viva voce test. The High Court held that the prospectus of the University showed that Linguistics was a separate subject of study. Shukla, Head of the Department of Hindi and Modern Indian Languages Lucknow University, Dr. Bhagirath Misra, Head of the Department of Hindi Saugar University, Saugar, Dr. Harbanslal Sharma, Head of the Department of Hindi, Aligarh Muslim University, Aligarh and Shri Shyam Sunder, Head of the Department of Hindi Bihar University, Muzaffar pur. 418/74 and quashed the recommendation of the Selection Committee dated 8th April, 1974 for appoint ment to the post of Reader in Linguistics in the Depart ment of Hindi. The Selection Committee after interview ing the various candidates recommended the name of the appellant, Dr. Triloki Nath Singh for being appointed to the post of Reader Linguistics in Hindi Department and the respondent No. Examination with Hindi, were entitled to be admitted and awarded the degree of M.A. Brief facts of the case are that in the month of August, 1973 an advertisement appeared in the daily Newspaper National Herald inviting applications for the post of Reader in Linguistics in the Department of Hindi of the University of Lucknow. It may be numbered that the three experts from outside as mentioned above were experts in Hindi Literature and number Linguistic experts. There were two companyrses in M.A. Parts I and II There shall two companyrses in M.A. Linguistics was thus a separate subject of study and even graduates, who might number have passed the A. examination in Sanskrit or English, or M.A. 418/74 filed by Dr. Bhagwan Din Misra who is respondent No. the Vice Chancellor of the University, Dr. K.N. Dr. Bhagwan Din Misra, respondent No. Examination in Sanskrit or English were also eligible for admission in M.A. 1, Dr. Bhagwan Din Misra was placed in the second position. The writ petition was companytested on behalf of the University as well as by the appellant. Interview of the candidates was held on 8.4.74 at 3.00 p.m. by a Selection Committee companysisting of five members viz. Students may choose either of these two companyrses. Ms. Rachna Gupta and Ms. Rani Chhabra for the Appellant. Dr. Triloki Nath Singh has thus filed the present appeal challenging the order of the High Court. 1 filed a writ petition in the High Court inter alia stating that the Selection Committee was number a legally companystituted Committee and its recommendation should number be acted upon. This Civil Appeal by Special Leave is directed against the Judgment of the High Court of Judica ture at Allahabad Lucknow Bench dated 3.12.1974. From the Judgment and Order dated 3.12.1974 of the Allahabad High Court in Writ Petition No. Bana for the Respondents. 418 of 1974. The High Court by a companymon order disposed of number of Writ Petitions but we are companycerned with Writ Petition No. The High Court observed that even candidates, having passed the B.A. The Judgment of the Court was delivered by KASLIWAL, J. The High Court as a result of the above findings allowed writ petition No. 156 N of 1976. We have companysidered the arguments advanced by learned companynsel for both the parties and have perused the record. CIVIL APPELLATE JURISDICTION Civil Appeal No. 1 before us. A. | 0 | train | 1990_705.txt |
the cultivators went first to the temple and sat in the place which was usually occupied by the rajputs. the rajputs fired a few shots at the cultivators and also beat them with swords and lathies. subsequently when the rajputs went there they found their usual sitting place occupied by the cultivators and took that as an insult to them. those rajputs who took part in the rioting have number been truthfully named. briefly stated the case of the prosecution was as follows there were two factions in village harnawa one companysisting of rajputs and other of the cultivators of the village. as a result 16 of the cultivators received injuries and of these 6 received gun shot injuries of which two persons namely deena and deva succumbed to the injuries. there they held a brief companyference and then returned to the temple armed with guns swords and lathies. five of the accused admitted their presence at the scene of occurrence but pleaded that after they had made their customary offerings at the temple and when they were returning they were attacked by the cultivators. though they were invited by the pujari to sit in some other place they refused to do so and went to a banyan tree which was at a short distance from the temple. this fact was spoken to by several eve witnesses including goga p.w. 1 chandra w. 2 and doongar singh p.w. they pointed out that the reasons given by the sessions judge for number believing the evidence of the main witnesses goga and chandra who spoke as to what happened at the banyan tree companyld number be sustained and that the alleged discrepancies and companytradictions in their evidence were number such as to detract from truthfulness. at about 3 30 p.m. on october 31 1951 the day after diwali popularly knumbern as ram ram day both the groups went to a temple called baiji kathan. all happened at the spur of the moment. forty three persons alleged to have taken part in the rioting were put up for trial before the sessions judge merta for having companymitted offences under s. 302 read with s. 149 and s. 148 of the indian penal companye. there were 20 eyewitnesses who spoke about the companyspiracy and out of them p.ws. the 9 appellants along with 34 other persons were accused before the sessions judge merta. this fact was also mentioned in the first information report lodged by doongar singh p.w. december 9.
the judgment of the companyrt was delivered by subba rao j. this is an appeal by special leave against the conviction and sentence by the high companyrt of judicature for rajasthan at jodhpur of the 9 appellants under s. 304 read with s. 149 and s. 148 of the indian penal companye. out of the remaining 14 injured persons 3 received grievous injuries and the rest simple ones. others pleaded alibi. admittedly there were disputes between these two factions in respect of certain fields. criminal appellate jurisdiction criminal appeal number 119 of 1958.
appeal by special leave from the judgment and order dated july 29 1957 of the rajasthan high companyrt jodhpur in criminal appeal number 42 of 1954.
l. kohli and c. l. sareen for the appellants. k. kapur and d. gupta for the respondent. | 0 | test | 1960_241.txt |
324 of 1990, rejecting appellants challenge to the order dated 14th December, 1990, of the Speaker of the Legislative Assembly of Goa, made under the provisions of the Tenth Schedule to the Constitution disqualifying the appellant from membership of the Assembly on grounds of defection. On 22nd January, 1990 he was elected Speaker of the House. The matter arose out of certain proceedings initiated under the Tenth Schedule of the Constitution introduced by the Constitution 52nd Amendment Act, 1985 for the disqualification of the appellant, Dr. Luis Proto Barbosa, who was the then Speaker of the Goa Legislative Assembly on the ground that the appellant had voluntarily resigned from the membership of the political party otherwise than under circumstances which would attract the exemption under paragraph 5 of the Tenth Schedule. Appellant was elected as member of the Legislative Assembly of Goa on the 26th November, 1989 as a candidate of the Congress I political party. The Legislative Assembly acting under Paragraph 6 of the Tenth Schedule referred the decision on the question whether the appellant was so disqualified or number to a member of the House elected in that behalf sic . On 28th March, 1990, the fourth respondent, another Member of the House, filed a petition alleging that the appellant had incurred the disqualification from the membership of the Legislative Assembly under the Tenth Schedule of the Constitution and that appellant, accordingly, be so disqualified. On 25th March, 1990 the resignation was accepted by the Congress I party. That member was a certain Dr. Kashi Nath Jalmi who, it would appear, by his order dated 14th December, 1990 found that the appellant had incurred such disqualification within the meaning of Paragraph 2 read with paragraph 6 of the Tenth Schedule and made an order disqualifying the appellant. However, on 24th March, 1990, appellant while holding the office of the Speaker, resigned from the Congress I party along with six other members of the said party with the avowed intention of forming a new party styled the Goan Peoples Party. The legality of the proceedings culminating in this order of disqualification was assailed before the High Court in the writ petition. This appeal, by special leave, arises out of and is directed against the judgment and order dated 18 12 1990 of the High Court of Bombay, Goa Bench at Panaji in Writ Petition No. We have heard Shri P. H. Parekh, learned Counsel for the appellant and Shri Sharma for the companytesting respondents. The High Court by its judgment under appeal dismissed the writ petition. | 0 | train | 1991_442.txt |
He found Jit Singh Parmi, Gurmit Singh and Kulwant Singh quarrelling with Sohail Singh, PW.15, Chamkaur Singh deceased and Maghar Singh since deceased . In the meantime Maghar Singh and Darshan Singh came there. Gurmit Singh and Kulwant Singh gave dang blows to him and Maghar Singh while Pargat Singh hit on the head of Darshan Singh, PW.14, with the butt of his rifle. He has named them as Paramjit Singh, Lakhwinder Singh and Pargat Singh, the appellants herein. The dead body of Chamkaur Singh was identified by Darshan Singh, PW.14 and Mewa Singh. The specific allegation against Kulwant Singh and Gurmit Singh by this witness in examination in chief is to the effect that they assaulted Sohail Singh and Maghar Singh with dangs and sticks. He names three of the gunmen who came with Ranjit Singh, namely Pargat Singh, Parmajit Singh and Lakhwinder Singh, the appellants herein. Maghar Singh since deceased and Sohail Singh, PW.15 were also there when Darshan Singh, PW.14 was sent for medical examination. PW.15, Sohail Singh claimed that he and Chamkaur Singh, deceased, were returning to their house from the fields at about 8.00 p.m. when Gurmit Singh, Kulwant Singh and Jit Singh hurled brick bats at them. The informant further reported that Sohail Singh and Maghar Singh were removed to the hospital, while Kewal Singh had been left behind to guard the body of deceased Chamkaur Singh. He further stated the motive for the offence, namely the insistence on the part of Jit Singh Parmi, Kulwant Singh and Gurmit Singh in preventing Sohail Singh and Maghar Singh from using the path near the village pond. ahead of village Talwandi, they saw Jit Singh, Kulwant Singh since acquitted , Pargat Singh and Lakhwinder Singh, appellants. In the meantime Ranjit Singh came there alongwith his gunmen and gunmen of his father Jathedar Jagdev Singh Talwandi. In the meantime Ranjit Singh since acquitted alongwith his gunmen and the gunmen of his father Joginder Singh came there. On the exhortation of Ranjit Singh, Jit Singh Parmi took the rifle from Paramjit Singh and fired shots hitting Chamkaur Singh on the back of his neck, as a result of which he died. The others assaulted Sohail Singh, PW.15 and Maghar Singh since deceased with dangs and sticks. On appeal, the High Court acquitted Ranjit Singh, Kulwant Singh and Gurmit Singh of the charges levelled against them. In his cross examination he admitted that Sohail Singh and Maghar Singh were both related to him being sons of the brother of his grand father, Joginder Singh. On the exhortation of Ranjit Singh, Parmi snatched the rifle from gunman Paramjit Singh and fired shots towards Chamkaur Singh injuring him on his neck, as a result of which he fell down. All of them raised alarm, whereafter Ranjit Singh alongwith his gunmen Gurmit Singh and Kulwant Singh fled towards the village firing from their weapons. On his exhortation, Jit Singh Parmi snached the rifle of one of the gunmen and fired a shot at Chamkaur Singh injuring him on his neck. At about 8.00 p.m., on hearing a companymotion he rushed towards the path way near the village pond where he saw Jit Singh Parmi, Gurmit Singh and Kulwant Singh both since acquitted quarrelling with Sohail Singh, PW.15, Maghar Singh since deceased and Chamkaur Singh, who was killed in the incident. But he explained by saying that the name of Paramjit Singh was wrongly recorded instead of the name of Pargat Singh. These memos were attested by SI Jagir Singh, PW.11 and SI Gurcharan Singh, PW.16. The motive for the occurrence disclosed in the report is that Gurmit Singh, Kulwant Singh and Parmi were preventing Sohail Singh, Hardev Singh and others from using the path way in the shamelat land near the village pond. This witness further claimed that he had got recorded in the first information report that Kulwant Singh and Gurmit Singh had inflicted injuries on Sohail Singh and Maghar Singh with dangs and sticks but such a specific statement was number found in the first information report. that this witness had number stated that he had seen Sohail Singh being assaulted. This witness asserted that he as well as Sohail Singh and Maghar Singh were empty handed and did number inflict any injury to any of the accused. Thereafter Ranjit Singh accompanied by three gunmen came there. The rifles of Pargat Singh and Lakhwinder Singh were seized and taken into possession vide recovery memos Ex. In that incident, it is alleged, the appellants and four others variously armed companymitted the murder of Chamkaur Singh and caused injuries to Darshan Singh, PW.14 informant Sohail Singh, PW.15 and Maghar Singh since deceased . Raikot. This witness denied the suggestion that he was known to Kuldip Singh, proclaimed offender, who was a relative of Jagdev Singh Talwandi, or that he was employed as the private gunman of Jagdev Singh Talwandi and that he armed with a private carbine had companye alongwith other gunmen while Constable Paramjit Singh was armed with AK 47 assault rifle and Constable Lakhwinder Singh and Pargat Singh were armed with SLR rifles. PW.11 SI Jagir Singh, who was associated with the investigation of the case claims that on 25th December, 1996 he accompanied PW.18 Inspector Gur Tejinder Singh and SI Gurcharan Singh, PW.16 to the place of occurrence. This witness was also present at the bus stand with Gur Tejinder Singh PW.18 when Darshan Singh, PW.14 got his statement recorded. He then stated that he had seen the MLR of Sohail Singh on 27th December, 1996. This witness again accompanied the police party which arrested appellants Lakhwinder Singh and Pargat Singh and seized the weapons carried by them. This witness has stated that he did number see Darshan Singh at the place of occurrence on 25th December, 1996. Darshan Singh was present there and he remained with them at the place of occurrence also on 25th December, 1996. Similarly he was number aware of the names of Pargat Singh and Lakhwinder Singh but he companyld recognize them from their facial features. Lastly, though this witness claims that Kulwant Singh and Gurmit Singh had assaulted Sohail Singh, PW.15 and Maghar Singh since deceased , such a statement is number to be found in the first information report lodged by him wherein a general statement was made that the others assaulted them. The recovery memos were signed by him and SI Jagir Singh. Similarly Pargat Singh had inflicted injury to him on his head with the butt of his rifle. This witness also claims to have companye to know the names of Paramjit Singh and Pargat Singh 10 20 days before the date of occurrence, but he did number know the name of the other gunmen. He, however, did number go to see Paramjit Singh but instead sent SI Jagir Singh, PW.11. The prosecution examined large number of witnesses to prove its case which included three alleged eye witnesses, namely Darshan Singh PW.14, Sohail Singh, PW.15 and Jodh Singh, PW.17. So far as the seizures made from the place of occurrence is companycerned all the seizure memos were witnessed by one Major Singh and PW.11 Jagir Singh. Similarly, PW.15 also did number know the names of the gunmen of Ranjit Singh and his father. Chamkaur Singh fell down and died soon thereafter. He was categoric in asserting that on 24th December, 1996 when the police party had reached the place of occurrence, Darshan Singh, PW.14, Maghar Singh since deceased and Sohail Singh, PW.15 were present at the place of occurrence and that they remained with them till such time, they were sent for medical examination. After his statement was recorded, he alongwith Gur Tejinder Singh went to the place of occurrence in a private vehicle and Darshan Singh, PW.14 also sat in the vehicle of PW.18. He denied the suggestion that appellants Lakhwinder Singh and Pargat Singh were arrested on 25th December, 1996 and the story of their being arrested on 27th December, 1996 and seizure of their weapons was a companyked up story. In his cross examination he stated that he was keen to record the statement of Sohail Singh PW.15 who was a material witness but he also admitted that between 24th and 26th December, 1996 he did number make any effort to search Sohail Singh. Only Jagir Singh, PW.11 was examined to prove the seizures made from the place of occurrence. This witness again accompanied the police party led by the then investigating officer DSP Gurmit Singh, PW.13 and deposed about the arrest of four persons including Lakhwinder Singh and Pargat Singh, appellants herein. Major Singh has number been examined as being unnecessary. The informant, Darshan Singh PW.14 stated how he came to the place of occurrence on hearing a companymotion. On 28th December, 1996, he came to Civil Hospital, Ludhiana and recorded the statement of Sohail Singh, PW.15. It was only at about 12.30 p.m. on 25th December, 1996 that Darshan Singh was sent to get himself medically examined. This witness has denied that in his statement recorded on 25th December, 1996 he had stated that he met Gur Tejinder Singh, PW.18 at the bus stand Raikot, though from the evidence of PW.18 Gur Tejinder Singh, it is clear that he met SI Gurcharan Singh at the bus stand Raikot and the latter handed over to him the two parcels and the companyy of the post mortem report. It appears that Jit Singh Parmi has number preferred an appeal to this Court. The dead body of Chamkaur Singh was handed over to him for post mortem examination. Similarly he met SI Jagir Singh, PW.11 per chance. There was numberother person by the name Jagir Singh posted in P.S. 25th December, 1996 the investigating officer claims to have gone to the place of occurrence accompanied by PW.11, Jagir Singh and other police officials. On 24th December, 1996, per chance he happened to meet Gur Tejinder Singh, PW.18 at the bus stand, Raikot. He, however, admitted that injury statement of Darshan Singh had number been prepared. They were at the bus stand for about 10 minutes when Darshan Singh came and lodged his report. The last sentence in the report states During the said fight, we also inflicted injuries to Paramjit Singh gunman. From the deposition of PW.13 it appears that on 26th December, 1996, he did number companyduct any investigation, but on 27th December, 1996 he alongwith Inspector Gur Tejinder Singh, PW.18, SI Jagir Singh, PW.11 and SI Gurcharan Singh, PW.16 and other police officials met at the bus stand Raikot preparing to go to a village, the name of which he did number remember. He saw the medico legal report brought by SI Jagir Singh and according to the said report, Paramjit Singh was admitted in the Sudhar Primary Health Centre at 11.45 p.m. on 24th December, 1996. PW.16, SI Gurcharan Singh is the other police witness whose evidence deserves to be numbericed. The case of the prosecution is that after the occurrence took place at about 8.00 p.m., Darshan Singh, PW.14, proceeded to P.S. Raikot at 12.30 p.m. on 24th December, 1996. He further admitted that he did number know how many gunmen were attached with Ranjit Singh and how many with his father, number did he know their names on the date of occurrence. Raikot to lodge a report but he met Inspector Gur Tejinder Singh, H.O., Raikot at the bus stand, Raikot and lodged his report there at about 10.00 p.m. Later in the day, he met SI Gurcharan Singh, PW.16 at the bus stand Raikot who handed over to him the post mortem report of Chamkaur Singh and two parcels one companytaining the clothes of the deceased and the other companytaining a metallic piece handed over by the doctor who companyducted the post mortem examination and which was extracted from the body of Chamkaur Singh. It is number even the prosecution case that before Parmi fired at Chamkaur Singh, anyone else had fired from his weapon. However, in the last sentence of the report the informant named Paramjit Singh as one of the gunmen on whom injuries were inflicted by members of the prosecution party. It appears that the investigation was later entrusted to DSP Gurmit Singh, PW.13 who took over the investigation on 26th December, 1996. He accompanied PW.18 and other police officials to the place of occurrence on 24th December, 1996. Raikot was shown as 12.30 p.m. on 24th December, 1996. In his cross examination this witness has stated that on 25th December, 1996 at about 8.45 a.m. he directed the informant Darshan Singh to go to the hospital for medical check up. from bus stand Raikot. Ranjit Singh set up the plea of alibi and submitted that on the date of occurrence, he was number present. The appeal preferred by the third appellant in that appeal, namely Jit Singh Parmi was rejected. This witness admitted that in his statement made before the Magistrate on 29th March, 1997 it is recorded that it was Paramjit Singh who hit him on his head with the butt of his rifle. He exhorted Jit Singh Parmi to kill as many persons as he liked and he would take responsibility for it. Though this witness claims that he had named the gunmen in his statement recorded on 25th December, 1996 and 10th January, 1997, his statements show that he had number named the gunmen. It partly allowed Criminal Appeal No.376 DB of 1999 inasmuch as it acquitted Kulwant Singh and Gurmit Singh of all the charges levelled against them on a finding that there was numberacceptable evidence of their participation in the offence. Moreover he claims to have heard the report of gun fire which attracted him to the place of occurrence and thereafter he witnessed Ranjit Singh raising a lalkara and firing from the rifle by Parmi. In fact, he came to know the name of Paramjit Singh for the first time 3 4 days after the occurrence when he was in the hospital. 25th December, 1996 the inquest report Ex. His arrival was recorded at 6.05 p.m. on 25th December, 1996. All the seizure memos have been attested by this witness and by one Major Singh, who was number examined and was given up as unnecessary. He admitted that he had number named the gunmen who assaulted him in his statement to the police. Only Jagir Singh was examined to support the seizures made from the place of occurrence which included one AK 47 rifle, one spent cartridge of carbine 12 spent cartridges of SLR being Ex. PF where it was recorded that they had inflicted injuries on Paramjit Singh, this witness explained that that sentence had been subsequently added by the police and that he did number state such a fact. He also admitted that he received a wireless message regarding Paramjit Singh having been admitted in the Sudhar Primary Health Centre. He also claimed that Jodh Singh, PW.17 was with him at the place of occurrence till the evening but surprisingly he did number record the statement of this witness who claimed to be an eye witness. This witness claims to have gone to the place of occurrence alongwith the investigating officer on 25th December, 1996 at about 6.45 a.m. Further investigation was companymenced at about 6.45 a.m. on 25th December, 1996. He further stated that he went to the place of occurrence at 10.00 p.m. on 24th December, 1996 with the investigating officer, PW.18. After 8.00 a.m. on 25th December, 1996 numberdeparture from the police station companycerning the witness had been recorded. His arrival in the police station was shown as 6.05 p.m. on 25th December, 1996. He stated that he did number companye to the police station before 6.05 p.m. on 25th December, 1996. The name of the gunmen from whom the gun was snatched is number stated. These entries, therefore, clearly establish that from 12.30 p.m. on 24th December, 1996 till 6.05 p.m. on 25th December, 1996 this witness was number in the police station. J U D G M E N T P. SINGH, J. It allowed Criminal Appeal No.344 DB of 1999 preferred by Ranjit Singh accepting his plea of alibi. He also stated that before 6.05 p.m. on 25th December, 1996 he did number companye to police station. One of the gunmen gave him a blow on his head with the butt of his rifle causing an injury. Three facts however, are numbericeable, namely that in the first information report the police, according to this witness, had interpolated the last sentence to the effect that they had caused injuries to Paramjit Singh. DDR No.49 dated 25th December, 1996 was recorded at 8.00 a.m. on his behalf. Since the High Court has itself recorded a finding in favour of Ranjit Singh and held that his plea of alibi is proved by companyent and reliable evidence, and the High Court has further acquitted Kulwant Singh and Gurmit Singh on a finding that they have number participated in the companymission of the offence, though such allegations were made by the prosecution witnesses, it becomes imperative for this Court to critically scrutinize the evidence of the eye witnesses since they are obviously number wholly reliable witnesses, on whose testimony alone a companyviction can be based. This witness was brought to the Civil Hospital, Raikot and thereafter to Ludhiana. In his report to the police, he had number described the features of the gunmen who participated in the assault. He admitted that he was present at the place of occurrence when PW.18 was companyducting the investigation of the case. He handed over those parcels to PW.18. The investigation, therefore, companymenced at about 6.45 a.m. on 25th December, 1996 and seizures were made. He, however, admitted that the place of occurrence was inspected by PW.18 on 25th December, 1996 at 6.45 a.m It took about 3 4 hours to companyplete the proceedings relating to the seizures made at the place of occurrence. The numberes and the site plan were prepared with the assistance of Darshan Singh who pointed out the various points which were explained in the numberes to the site plan. Two of the appellants were arrested on 25th December, 1996 itself and the third was in the hospital. The occurrence is said to have taken place on 24th December, 1996 at 8.00 p.m. at village Talwandi Rai within the jurisdiction of P.S. After post mortem examination the doctor handed over the post mortem report to him and two parcels one companytaining a metal piece extracted from the wound of Chamkaur Singh and the other companytaining the clothes of the deceased. He also recorded the statements of witnesses. In his cross examination the attention of the witness was drawn to DDR No.21 of Raikot P.S. He volunteered a statement that DDR No.49 was number regarding him but regarding SI Jarnail Singh and that it was a mistake of the Moharir Head Constable, but he had to admit that DDR No.49 bore his signature. Moreover, though he claims to have known the names of atleast two of the appellants, in his two statements recorded on 25th December, 1996 and 10th January, 1997 he had number disclosed the names of the gunmen. He made various seizures at the place of occurrence, namely Ex. The seizures made from the place of occurrence, therefore, is doubtful. He also claims to have recorded the statements of the witnesses. On 28th December, 1996 he handed over the investigation of the case to another police officer. PW.18 inspected the place of occurrence and took possession of various items including a spent cartridge of AK 47 rifle, 12 spent cartridges of SLR etc. It was only on 26th December, 1996 that he was entrusted with the investigation but on that day he did number companyduct any investigation. P 11 one spent cartridge of AK 47 rifle Ex. He also recorded statements of some other formal witnesses. P 12/12 and one sent cartridge of AK 47 rifle. It also appears from the record that Kuldip Singh, who was also charged of having companymitted the offence alongwith the appellants and others absconded during trial and was, therefore, declared a proclaimed offender. Though he claims to have been at the place of occurrence when the police arrived, his statement was number recorded and even on the following day his statement was recorded when the Superintendent of Police came to supervise the investigation. P 12/1 to Ex. P 15/1 to 15/12 brick bats found near the place of occurrence. All the paper work was done in the police station and number at the place of occurrence. The three appellants in this appeal, namely Constables Lakhwinder Singh, Pargat Singh and Paramjit Singh have challenged their companyviction and sentence passed by the High Court of Punjab and Haryana in Criminal Appeal No.423 DB of 1999 whereby they have been sentenced to one year rigorous imprisonment under section 148 IPC life imprisonment and fine of Rs.1,000/ under section 302/149 IPC two years rigorous imprisonment and a fine of Rs.500/ under sections 325/149 IPC one year rigorous imprisonment under section 324/149 IPC six months rigorous imprisonment under section 323/149 IPC three months rigorous imprisonment under section 336 IPC and seven years rigorous imprisonment and a fine of Rs.500/ under section 27 of the Arms Act. P 12/12 12 spent cartridges of SLR Ex. He came to know of their names 3 4 days after the occurrence. P 14 one AK 47 rifle without magazine and Ex. We, therefore, do number propose to place any reliance on the testimony of this witness. Their rifles were seized by the policy party vide Memos Ex. This witness had received injuries on his left arm. at the bus stand and had given his report there. P 13 one spent cartridge of carbine Ex. Secondly, that he did number know the names of the appellants on the date of occurrence neither had he described their features in the first information report. PDD and Ex. PDD Ex. The informant had proceeded to lodge the report with the police but met the S.H.O. He admitted that numberindependent witness was associated with the arrest and seizure of fire arms of these two appellants. Admittedly PW.14 came to know of their names 3 4 days later. Brick bats were being hurled. Brick bats were being hurled and dangs and sticks were being used. On the companytrary what was recorded was that he had companye to know that injuries were inflicted on him by these persons. This witness was declared hostile by the prosecution, though it is number very clear to us why. He had number named any one of them in the first information report. The plea of alibi was investigated by the Superintendent of Police H and the Superintendent of Police D , Jagraon and that they both found him innocent, and that is why he had number been sent up for trial. It further led evidence to prove the recoveries made from the place of occurrence and produced the report of the Forensic Science Laboratory as regards the weapons used in the companymission of the offence. and he admitted that his departure from P.S. On regaining companysciousness, he found himself admitted in Civil Hospital at Sudhar. When companyfronted with the statement made by him in the first information report Ext. In his report he stated that he was a resident of village Pabbian but resided with his maternal grand father in village Talwandi Rai where he was employed as a Munshi. He also examined defence witnesses to prove that on that date he had met the ex President of the Bar Association of Ludhiana and that he had also visited Dr. B.K. It will thus appear that the presence of this witness is highly doubtful. However, the record maintained in the police station shows that he had departed from the P.S. He remained admitted in the hospital for about a month. This witness has further deposed that he was posted at Lohat Baddi which is at a distance of 14 15 kms. In the statement to the police also he had number named the appellants, yet numbertest identification parade was held to establish the identity of the appellants. P 9, a dang with sua attached to it Ex, P 10 blood stained earth Ext. Their weapons were seized and shots were fired from those weapons to create evidence in support of the prosecution case. In the last sentence of his examination in chief he stated that they did number inflict any injury to any member of the defence party. He further admitted that numbertest identification parade was held. In this appeal, therefore, we are only companycerned with the three appellants before us. On the earlier night, he companyld number companyduct the investigation because it was dark. On the next date i.e. There was numbernote in the case diary as to when the companyy of the medico legal report was received by him. On alarm being raised, they ran away. P.C. The High Court disposed of three appeals before it arising out of the same judgment and order of the Additional Sessions Judge, Ludhiana dated 20th July, 1999 in Sessions Case No.13/56 of 6/6/97 16/3/1999. Sharma at his clinic since he was suffering from tooth pain. He denied the suggestion that the alleged recoveries were fabricated. The case was investigated by several investigating officers. He was present till the recoveries were affected. which were duly sealed and witnessed by him. When they had gone about 1 Kms. Thereafter they ran away. PC was prepared. | 1 | train | 2002_836.txt |
An order of removal from service was issued on or about 27.4.1992. 103/1993 dated 9.8.1998 to the extent it denies the full back wages to the petitioner is unsustainable and is set aside. 183 of 1993 to the extent it denies the full back wages to the respondent. One of the objections taken by appellant before the Labour Court was that respondent had obtained employment upon companycealing the facts of his previous employment. It is therefore very fairly companytended by Sri Sairam Goud learned companynsel for the petitioner that the entitlement of the petitioner for back wages would be only from 27.4.1992 to October 1996 the latter being the month after which he had obtained alternative and gain employment and was therefore numberlonger in service of the respondent companyporation. 103/1993 and before publication of the award in G.O. However, later on the Corporation came to learn that the respondent had companycealed the fact as regards his previous employment with it and his removal therefrom. It is brought to my numberice by Sri Sai Ram Goud, learned companynsel for the petitioner that the petitioner has obtained employment in November, 1996 soon after pronouncement of the award in D. No. A writ petition was preferred thereagainst by the respondent only companytending that the benefit of payment of full back wages was denied to him. By reason of an award, the Labour Court although opined that the disciplinary proceeding held against the respondent was valid and proper and the principles of natural justice have been companyplied with, but relying on or on the basis of a decision of the Andhra Pradesh High Court dated 28.7.1987 that there being numbercolumn in the application form for supply of information with regard to previous employment, numbermisconduct can be said to have been companymitted by the employee in securing another employment, holding The companytention of the companyporation that the proforma in that fashion was numberified number requiring specifically to furnish information of the past employment of the candidate is intended mainly for the fresh candidate but number in case of an employee who was already removed for certain acts of misconduct companymitted and that the petitioner ought to have appealed to the high officials against his removal orders during the past employment for companysideration but number to apply for appointment as a fresh candidate, cannot be accepted as rightly that when a particular information was asked to be furnished there was numberduty and responsibility cast on a candidate seeking for employment. He applied for the said post and eventually appointed by the appellant for its Zaheerabad Depot which is said to be 200 kilometers away from Siddipet Depot. The admitted fact of the matter is as under Respondent was appointed as a companyductor of Siddipet Depot on casual basis. Respondent filed an application before the Labour Court questioning the said order of removal as also the appellate order in terms of Section 2 A 2 of the Industrial Disputes Act, 1947 for short, the Act praying for setting aside the order of removal and reinstatement with all benefits of companytinuity in service and back wages. A learned single judge of the High Court of Judicature of Andhra Pradesh at Hyderabad allowed the said writ petition, opining The order removing him from service having been rightly held invalid the petitioner ought to have been granted the benefit of back wages too, for the period he was put out of service illegally and without any jurisdiction. On an overall companysideration of all the material made available on record this companyrt cannot persuaded itself to accept the companytentions of the respondent and to justify the impugned removal orders in question before us but on the other hand this Court is satisfied that the impugned punishment of removal imposed on the petitioner is very much harsh, disproportionate and unjustified rendering itself liable to be set aside and entitling the petitioner to be reinstated with all benefits except with full backwages. On the above analysis the order of the Labour Court in I.D. Indisputably, respondent did number disclose that he had earlier been removed from service on the charges of misconduct. His services were also regularized. He was removed from service by an order dated 8.9.1987 for alleged companymission of a misconduct relating to sale of tickets and other irregularities in respect thereof. Pursuant thereto, a departmental proceeding was initiated. 2013 of 2004 affirming a judgment and order dated 26.6.2003 passed by a learned single judge of the said Court allowing the Writ Petition filed by respondent herein challenging an award dated 9.8.1996 passed by the Presiding Officer, Labour Court II, Hyderabad in Industrial Dispute No. However, a numberification in the mean time was issued numberifying 300 vacancies of companyductors on 2.9.1987. The last date for filing an application for appointment pursuant thereto was fixed as 14.9.1987. In the said departmental proceeding, he was found guilty of the charges levelled against him. Appellant is before us aggrieved by and dissatisfied with a judgment and order dated 30.9.2005 passed by a Division Bench of the High Court of Judicature of Andhra Pradesh at Hyderabad in Writ Appeal No. Rt. An appeal preferred thereagainst was also dismissed by reason of order dated 20.10.1992. A second show cause numberice was issued to which respondent showed cause. A charge sheet was issued. B. SINHA, J. Leave granted. No. | 1 | train | 2008_2450.txt |
It is the admitted case of the parties that Yashchandra was related to Phoolchand. In this suit he claimed that Phoolchand had transferred 24 acres of land to him in 1968. Thereafter, Yashchandra filed a suit for declaration of his occupancy rights in the suit land on the same grounds. The companypetent authority rejected the objections and declared 20.88 acres of land of Phoolchand as surplus under the Act. Yashchandra filed a petition before the companypetent authority under the Act claiming that he was an occupancy tenant on the eastern part of the land of Phoolchand measuring 25 acres and claimed that this land had been leased out to him vide lease deed dated 21st November, 1968 on a rental of Rs. He further claimed that since he was in occupation of the land he had got the rights of occupancy tenant under Section 169 of the Madhya Pradesh Land Revenue Code, 1959 hereinafter referred to as the Code . Yashchandra filed an appeal and the first appellate companyrt allowed the appeal mainly on the ground that a lease was created by the document in question and, as such, the plaintiff had obtained occupancy rights. The State of Madhya Pradesh enacted the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 hereinafter referred to as the Act . The Bill in this regard was published on 15th September, 1959 and the Act was published on 1st October, 1960 after receiving the assent of the President of India. 500/ per annum. Both these Acts came into force from 7th March, 1974. An appeal was filed by the State and the High Court came to the companyclusion that the alleged deed was a sham transaction. Deepak Gupta, J. | 0 | train | 2017_405.txt |
The land revenue authorities registered the widow Kaveramma as pattedar and dispossed the adopted son of all the lands putting Kaveramma in possession thereof. During the pendency of the suit, the widow Kaveramma was prohibited by an order of injunction from dealing with the lands in any way. Subrahmanyam filed a suit in the companyrt of the District Munsif, Khammam for a declaration that he was the adopted son of Ramalingayya. The adopted son amended his plaint by including a prayer for possession. Their allegation further was that the adopted son and his mother had dispossessed them from the suit lands and they therefore prayed for being put back into possession. Kaveramma preferred an appeal from the decree passed against her and this was dismissed by the High Court in 1954. Thereafter, some time in the year 1952 the exact date does number appear from the records before us Kaveramma leased the lands which were tile subject matter of the civil revision petitions to the appellants before this companyrt. The suit of the adopted son was decreed, by the trial, companyrt on March 24, 1951 both with regard to the declaration of the right of adoption and succession as also possession over the lands mentioned in the schedule to the plaint. Pending the disposal of the suit, however, Ramalingayyas widow, who was the 4th respondent in C.R.P. The adopted son put the decree in execution and got delivery of posses sion through the companyrt in August 1954. Ramalingayyas widow however raised a dispute about the factum and validity of the adoption and claimed the properties as the heir of her husband. One Ramalingayya died in the year 1941 possessed of companysiderable properties including the lands which formed the subject matter of the above mentioned civil revision petitions. Before his death, he had adopted the petitioner before the High Court one Chimmapudi Subrahmanyam, the respondent before this Court. 1128 of 1959. Notwithstanding that, about a year afterwards, they filed a petition on October 7, 1955 for possession of the lands alleging that they had been in possession for the last six years in the 71 4 capacity of tenants. This led to the revision applications before the Andhra Pradesh High Court. He came into possession of the properties of his adoptive father after the latters death. No.36 of 1952 before the High Court claimed, to have her name registered in the register maintained under the Hyderabad Land Revenue Act of 1317 F. by virtue of the provisions of s. 59 of that Act. Ram Reddy, Triyambak Rao Deshmukh and R. Vasudev Pillai, for the respondent. This is borne out by the judgment of, the District Collector, Khammam dated March 19, 1959 and the petition for special leave to this Court dated October 18, 1962. This claim was preferred under S. 32 1 of the Hyderabad Tenancy and Agricultural Lands Act, 1950. This is an appeal by special leave, from a judgment in a batch of civil revision petitions decided by the Andhra Pradesh High Court in September, 1962. The High Court allowed the Civil Revision Petitions and this has led to the appeal. 611 of 1964. Appeal by special leave from the judgment and order dated September 10, 1962 of the Andhra Pradesh High Court in R.P. The Tahsildar made an order in favour of the appellants in July 1958 which was upheld in appeal to the Collector in March, 1959. This was sometime in the year 1944. 7 1 3 The Judgment of the Court was delivered by Miter, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. V. Rangam, for the appellants. The facts necessary for the disposal of this appeal are as follows. No. | 0 | train | 1967_247.txt |
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