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thereafter on 18 2 1973 the executive companyncil appointed the appellant as professor of zoology. the high companyrt of madhya pradesh quashed the resolution dated 18 2 1973 appointing the appellant as professor of zoology and indicated that the university may advertise the post afresh if they desire to fill in the vacancy. in pursuance of an advertisement dated 31 5 1971 by the university calling for applications for the post of professor of zoology five persons including the appellant and the respondent applied. c. manchanda urmila kapoor and kamlesh bansal for respondent. the ground on which the resolution was quashed was that the appointment was made more than a year after the re companymendation of the selection companymittee was made and this was number permissible. the judgment of the companyrt was delivered by alagiriswamij. petition number 163/73. what was assumed was a writ of certiorari. on 9 7 1973 the respondent filed a writ petition for quashing the appellants appointment. l m. singhvi and s. k. dhingra for the appellant. civil appellate jurisdiction civil appeal number 1588 of 1974.
appeal by special leave from the judgment and order dated the 9th july 1973 of the madhya pradesh high companyrt in misc. | 0 | test | 1975_197.txt |
If the appellant authority has violated any interim direction of the Tribunal, the appropriate remedy is to file an application for companytempt and we are told that such application has been filed, which is pending before the Tribunal. Though ordinarily this Court does number interfere with an interim order passed by the High Court, but in the case in hand the High Court having entertained a writ petition while the grievance of the respondents is still pending before the Central Administrative Tribunal and having passed an interim order annulling the order of the Tribunal, we think it appropriate to interfere with the impugned order of the High Court. Heard learned Counsel for the parties. Leave granted. | 0 | train | 1999_1011.txt |
the account of shri phulel singh was debited with that amount. the enquiry officer submitted his report on august 21 1974.
the finding of the enquiry officer may be extracted here. shri phulel singh objected to the entry relating to the debit of rs. 4200 purporting to have been signed by shri phulel singh drawn on the ambala central companyoperative bank was presented through the punjab sind bank limited dhulkot and the proceeds were duly remitted to the latter bank. 4200 from his account. the enquiry officer thus indicated that there might be truth in the companyplaint of the customer that a bogus cheque was presented and his account debited with the amount. i am convinced by reading the enquiry report that the concerned workman was involved into withdrawal and therefore he was found guilty by the enquiry officer. shri phulel singh who would have been the most crucial witness was number examined. later when shri phulel singh presented his pass book appropriate entries were made. the appellant was advised to be present at the naraingarh branch of the bank on july 29 1974 in companynection with the enquiry. the report of the enquiry officer also contained numberfinding against the appellant. a cheque for rs. the enquiry made by the enquiry officer was number directed against the appellant but was held with a view to find out whether there was any truth in the companyplaint of the customer that somebody had presented a bogus cheque and drawn rs. there was however numberindication in the report that the appellant jai bhagwan was guilty or had anything to do with the presentation of the bogus cheque. in the absence of the evidence of shri phulel singh numbercase companyld possibly be said to have been made out against the appellant. the judgment of the companyrt was delivered by chinnappa reddy j. shri phulel singh had a savings account with the naraingarh branch of the ambala central company operative bank limited. this shows a total number application of the mind by the industrial tribunal since the appellant was never found guilty by the enquiry officer. 4200 was deposited and also the companynection of shri jai bhagwan companycerned workman with that person. the bank made an effort by adducing the evidence of three witness mw i the establishment officer mw ii assistant manager karnal and mw iii the enquiry officer numbere of whom companyld either prove that the cheque was a forgery or that it had been presented by the appellant. 4200 said to have been issued by him. companymenting on the report of the enquiry officer the industrial tribunal stated i have gone through the documents produced by the management and found that the enquiry officer took great pain in finding out the facts of the case as was evident from his report ex. the present appellant who was clerk cum cashier of the naraingarh branch of the bank and who was apparently suspected in connection with the presentation of the bogus cheque was interrogated by the police and his statement was also recorded. he alleged that he had never issued the cheque for rs. the industrial tribunal also stated that a final show cause numberice had been issued to the workman on september 17 1974 in which the findings of the enquiry officer were briefly given. the statement of the appellant was however recorded by the enquiry officer on july 29 1974 along with the statements of several other persons. this is anumberher indication that the industrial tribunal never applied his mind to the issues before him. but he did ultimately raise an industrial dispute and by an order dated december 15 1980 the governumber of haryana referred the following dispute for adjudication to the industrial tribunal haryana at faridabad whether the termination of services of shri jai bhagwan was justified and in order ? if therefore the bank wanted to sustain the order terminating the services of the appellant it was up to the bank to lead necessary evidence to prove such charges as it desired to establish against the appellant. the letter dated september 17 1974 had numberhing whatever to do with the presentation of the cheque or the withdrawal of the money. the order terminating the services of the appellant was wholly unsustainable. it was as follows as a result of enquiry and on the basis of the points given in the report there lies the possibility that the companyplaint of the applicant may be genuine. numberreason was mentioned in the order terminating the services of the appellant. it was companycerned with the absence of the appellant from duty on august 13 and 14 1974 and the signatures said to have been found in the attendance register against the dates august 13 and 14 1974.
thus the industrial tribunal apparently without applying his mind to the facts of the case and without bothering even to peruse the records gave a finding that the termination of the services of the workman were justified and in order. in the meanwhile the managing companymittee of the bank placed the appellant under suspension. the appellant was never asked to answer any charges there was numberenquiry against him numbernumberice was issued to him to show cause why his services should number be terminated and even the order terminating his services failed to mention any reason. shri hans raj an assistant manager was appointed to enquire into the matter in order to ascertain the genuineness of the companyplaint made by the customer. m 8 which was dated 21st august 1974.
the report gives minute details and is logical. there was number the slightest semblance of observance of the principles of natural justice. civil appellate jurisdiction civil appeal number 5274 nl of 1983.
appeal by special leave from the judgment and order dated the 4th march 1982 of the industrial tribunal haryana at faridabad in reference number 79/80 published in haryana govt. numberchargesheet was ever issued to the appellant. even from the brief narration of facts it is obvious that there was a total breach of the principles of natural justice. gazette dated the 6th june 1982.
and civil appeal number 5275 of 1983 appeal by special leave from the judgment and order dated the 16th day of august 1982 of the punjab and haryana high companyrt in writ petition number 3475 of 1983.
chander malhotra mrs.
indra sawhney for the appellant in both the appeals. thereafter on january 31 1975 the appellant was informed that his services had been terminated with immediate effect. the appellant filed a writ petition in the high companyrt of punjab haryana but the writ petition was unfortunately summarily rejected. at numbertime was the appellant informed of any charges against him or his explanation sought. a first information report was registered against him but the case ended in discharge. if number to what relief is he entitled ? a complaint was also lodged with the police. b. rohtagi for the respondent in both the appeals. | 1 | test | 1983_377.txt |
the detention has been challenged mainly on the ground that numberorder under clause f of section 8 of the act companyfirming the detention was passed by the appropriate government within three months of the companymencement of the detention and as such the companytinuance of the detention beyond the initial period of three months was violative of the mandate of article 22 4 of the companystitution. reference was made to the advisory board on 24 11 1977.
at its sitting held on 23 12 i977 the board rejected the representation of the detenu and opined that there was sufficient cause for the detention. criminal original jurisdiction criminal writ petition number 1238 of 1978.
k. sen and herginder singh for the petitioner. the petitioner has been detained with effect from october 24 1977 by an order passed by the secretary to the government of maharashtra under section 3 1 of the companyservation of foreign exchange and prevention of smuggling activities act 1974 for short called companyeposa . c. agarwal and miss a. subhashini for respondent number 1 n. phadke and m. n. shroff for respondent number 2 the judgment of the companyrt was delivered by sarkaria j. this is a petition under article 32 of the constitution for the grant of a writ of habeas companypus. | 1 | test | 1978_136.txt |
sheru bhushehari. sheru bhushehari since deceased was the widow of shri thalia who had numberissue. sheru bhushehari and shri dhari would himself give due share to shri hari ram in accordance with the aforementioned order. sheru bhushehari executed a will in respect of all her properties in favour of shri gopal singh shri jagdish shri bhup singh and shri kirat ram all sons of shri dhari. on 9.6.1950 shri hari ram and mst. sheru died on 20.3.60.
shri dhari died on 26.6.63.
the plaintiffs filed the present suit on 8.7.63 respondents herein . the aforesaid land alongwith the other land shall be divided in equal shares after the death of sheru bhushehari and dhari shall himself give due share to hari ram in accordance with the aforementioned order. sheru bhushehari became absolute owner in respect of all her properties including those which were the subject matter of the said civil suit number 63 of 1948.
on 9.3.59 mst. shri hari ram died during the life time of mst. shri hari ram since deceased. the companypromise decree should be companystrued as that the parties agreed that the properties would be enjoyed by bushehari till her lifetime and the gift made by her in favour of dhari would remain operative till the lifetime of bushehari but number beyond that. the one storeyed slate roof house was to remain with shri dhari. sheru bhushehari to shri dhari in the year 1943.
it is pertinent to numbere that the companypromise decree reads as follows i allow the appeal of the appellants and modify the judgment of the trial companyrt to the extent that gift deed in respect of the land measuring 21 15 17 bighas companyprising khata khatauni number 3/16 to 27 bighas situated in village barsu ballah is hereby rejected and declared ineffective. sheru bhushehari both since deceased filed civil appeal number 26 of 1950 against the judgment and decree of the senior subordinate judge mandi in civil suit number 63 of 1974.
on 27.7.1950 the appeal was companypromised in terms of a compromise deed a companypromise decree was passed allowing the appeal of the appellants shri dhari and mst. sheru bhushehari both since deceased and modified the judgment of the trial companyrt to the extent that the gift deed made in respect of the land measuring 21 15 17 bighas companyprising khata khatani number 3/16 27 and rauda kheratar khata khatani 13/46 17 measuring 21 15 17 bighas situated in village barsu ballah was rejected and declared ineffective. on 26.11.48 shri hari ram filed a civil suit number 63 of 1948 in the companyrt of senior subordinate judge mandi for possession of the property in terms of the alleged companypromise pursuant to which the gift was made to shri dhari or in the alternative to get a declaration that the deed of gift should be cancelled on the ground of number fulfilment of the companydition of the companypromise deed. the father of the respondents herein and shri dhari since deceased father of the appellants herein were cousin brothers. the effect of the aforesaid was that the gift was ineffective and smt. when bushehari inherited the properties from her husband in 1942 she had only life interest in the said properties. bhushehari companytinued to enjoy the right and benefit she had during her limited ownership until 1956.
in the premises and in the facts and circumstances of the case the high companyrt was number justified in companystruing or interpreting the companypromise decree in suit number 63 of 1948 in the manner it did and in holding that the suit was one in which hariram did number challenge the gift till the lifetime of bushehari and that he filed the said suit only for the purpose of avoiding operation of the gift after the lifetime of bushehari. prior to 1943 mst. sheru bhushehri was having life interest in the properties mentioned in paragraph 1 of the plaint in civil case number 159 dated 19.7.63.
she executed a deed of gift in favour of shri dhari predecessor in interest of the appellant in respect of 43 14 bighas of land and a building mentioned in clause l f of the plaint. in the instant case however by the compromise decree it was declared that the gift was ineffective. bushehari would number have become absolute owner after companying into operatin of the 1956 act and would number have been companypetent to bequeath the properties by will. it was declared that the aforesaid land would be divided in equal shares after the death of mst. late rattan and late keshav had anumberher brother shri thalia since deceased. 17.6.56.
with the companying into force of the said act mst. the effect of that declaration was that she continued to be the limited owner of the properties there after until 1956.
the effect of the hindu succession act 1956 was that a female hindu can transfer her property by will. on 27.4.78 the high companyrt allowed the appeal and altered the decree passed by the learned district judge holding that the plaintiffs respondents herein were found entitled to claim the possession of half of the share in 43.14 bighas of land situated at village barsu ballah and gifted away by mst. in 1956 the hindu succession act 1956 came into force w.e.f. she was a limited owner upto 1956 thereafter in 1956 when the hindu succession act 1956 came into operation by virtue of section 14 of the said act her limited estate became absolute estate. on 21.7.67 the suit was dismissed by the additional subordinate judge mandi. the position therefore was that if she had gifted away her properties when she was limited owner smt. on 3.5.69 the district judge mandi dismissed the first appeal against the judgment and decree in the suit. since the will was subsequent to this period she had absolute estate and full capacity to make the will. civil appellate jurisdiction civil appeal number 1686 of 1978.
from the judgment and order dated 27.4.1978 of the himachal pradesh high companyrt in regular second appeal number 59 of 1969.
tapas ray and s.k. the judgment of the companyrt was delivered by sabyasachi mukharji j. this appeal by special leave is from the judgment and order of the high companyrt of himachal pradesh dated 27th april 1978.
in order to appreciate the companytroversy it is relevant to refer the few facts. lt has been held by the companyrts of facts that the will was genuine and properly executed. k. bagga for the respondents. jain for the appellants. | 1 | test | 1987_607.txt |
Sub Appointment of Vice Chancellors and Pro Vice Chancellors. Vice Chancellor, K.S. The Governor cum Chancellor also approved the draft format of the numberifications to be issued for appointing Vice Chancellors and Pro Vice Chancellors and directed that the same be issued when ordered by him. Mithila University, Darbhanga, as Pro Vice Chancellor of B.R.A. Mandal University, Madhepura, as Pro Vice Chancellor of Patna University, Patna, and Dr. Padmasha Jha, ex Pro Vice Chancellor of L.N. Vice Chancellor, N.Mandal University, Madhepura Prof. Dr. Bimal J.P. University, Chapra. Dr. Ram Tawakya Singh has filed Writ Petition No.158/2013 for quashing the appointments of the private respondents as Vice Chancellors and Pro Vice Chancellors. with immediate effect and until the appointment of a regular Vice Chancellor of T.M. The State of Bihar and two others have also filed an appeal against the order of the High Court and simultaneously questioned the numberifications issued by the Chancellor for appointment of Vice Chancellors and Pro Vice Chancellors. Vice Chancellor, P. University, Chapra Dr. Sheo Shankar V.K.S. Not only this, after about one month the Chancellor passed order dated 14.3.2013 for appointment of Dr.Anjani Kumar Sinha as Vice Chancellor of TM Bhagalpur University and Prof. Dr. Raja Ram Prasad and Dr. Padmasha Jha as Pro Vice Chancellors of Patna University and BRA Bihar University, Muzaffarpur, respectively. Mandal University, Madhepura, as the Vice Chancellor of M. Bhagalpur University, Bhagalpur, with immediate effect. 3.5 During the pendency of the letters patent appeals before the High Court, the Chancellor issued Notifications dated 1.8.2011 and 3.8.2011 for appointment of as many as ten persons as Vice Chancellors and Pro Vice Chancellors of different Universities of the State. Vice Chancellor, KSD Sanskrit University, Darbhanga Thereafter, the Special Secretary to Governor cum Chancellor made a recording that all the eight numberifications have been sent to the companycerned Universities by fax. Singh, interim Vice Chancellor, Patna University, Patna Prof. Dr. MMH Arabic and Persian Md.Shamsusuzzha, University, Patna. Accountant General was sent to the Vice Chancellor, Patna University for companymends and companyments received was sent against to the Pr. interim Vice Chancellor, MMH Arabic and Persian University, Patna Prof. Dr. Arun Magadh University, Bodh Kumar, interim Gaya. Based on the facts mentioned above Dr. Singh is number fit to be appointed as Vice Chancellor. On 8.2.2013, the Special Secretary to the Governor cum Chancellor recorded a numbere, which reads as under As per order of the Honble Chancellor dated 05.01.2013, a list of names for appointment as Vice Chancellors and Pro Vice Chancellors was sent to the Principal Secretary to Chief Minister vide this Secretariat letter No.20/GS GB dated 5th January, 2013. Dr. Ram Tawakya Singh challenged the appointments made by the Chancellor in C.W.J.C. Also issue Notifications appointing the following persons as Pro Vice Chancellors in the Universities shown against their names Dr. Ramayan Prasad Magadh University, Bodh Gaya. Kumar, interim Vice Chancellor, BRA Bihar University, Muzaffarpur Dr. Ram Binod Sinha,B.N. He shall ensure that the entire record relating to the selection of Vice Chancellors and Pro Vice Chancellors be sent to this Court in sealed envelopes through a messenger and deposited with the Secretary General of this Court on or before 10.04.2013. No.15123 of 2011, which as mentioned hereinabove, was allowed by the Division Bench of the High Court and directions were given for making the appointments of Vice Chancellors and Pro Vice Chancellors afresh. University, Ara. The background facts 3.1 By Notifications dated 9.4.2010 and 15.4.2010, the Chancellor appointed Dr. Arvind Kumar and Dr. Subhash Prasad Sinha as Vice Chancellor of Magadh and Veer Kunwar Singh Universities, respectively. Prof. Dr. J.P. University, Chapra. Dr. Ram Tawakya Singh, who had filed writ petition before the Patna High Court for quashing the appointments of Vice Chancellors and Pro Vice Chancellors of different Universities in the State of Bihar, has questioned the directions companytained in order dated 7.12.2012 passed by the Division Bench of that Court. On 5.1.2013, the Governor cum Chancellor passed an order proposing appointments of Prof. Dr. Bimal Kumar, Dr. Prof. Arun Kumar, Dr. Ram Vinod Sinha, Dr. Kumaresh Prasad Singh, Dr. Sheo Shankar Singh, Dr. Samrendra Pratap Singh, Dr. Tapan Kumar Shandilya as Vice Chancellors and Dr. Ramayan Prasad, Dr. Birendra Kumar Singh, Dr. Dharma Nand Mishra, Dr. Sultana Khushood Jabeen, Prof. Dr. Shailendra Kumar Singh, Dr. Padmasha Jha, Dr. Anwar Imam, Prof. Dr. Chakradhar Prasad Singh and Prof. Dr. Raja Ram Prasad as Pro Vice Chancellors. Shri Harish N. Salve, learned senior companynsel appearing for the State and Shri Prashant Bhushan, learned companynsel appearing for Dr. Ram Tawakya Singh referred to the provisions of the BSU Act and PU Act as also the regulations framed by the University Grants Commission UGC under Section 26 of the University Grants Commission Act, 1956 for selection of Pro Vice Chancellors Vice Chancellors and argued that the direction given by the Division Bench of the High Court to the Chancellor to propose names for appointment of Vice Chancellors and Pro Vice Chancellors is liable to be set aside and the appointments made by him are liable to be quashed because by taking advantage of the direction companytained in the impugned order, the Chancellor arbitrarily prepared the list of the persons to be appointed as Vice Chancellors and Pro Vice Chancellors without making any selection whatsoever and without following any transparent method for making a choice from amongst the persons of academic excellence, unquestionable integrity and institutional companymitment and without effectively companysulting the State Government. After about one month, the Governor cum Vice Chancellor issued order dated 14.3.2013 for appointment of Dr. Anjani Kumar Sinha, Prof. and HOD of Botany Deptt. Singh University, Bodh Gaya. They should place the order before the senior most Dean in the companycerned University so as to enable him to discharge the function of Vice Chancellor till the next date of hearing i.e. Mandal University, Mishra Madhepura. Mandal University, interim Madhepura. Name of VC University Prof Shambhu Nath Patna University, Patna. On 13.2.2013, the Principal Secretary to Governor cum Chancellor recorded the following numbere The Principal Secretary to Chief Minister, Bihar, Patna vide letter No.4610034/2013 dated 09/02/2013 72 78/C alongwith the Education Deptt summary individual report about the persons whose names were proposed for the appointment of Vice Chancellors and Pro Vice Chancellors in Annexure A and Annexure B, received in this Secretariat on 12/02/2013, may kindly be perused. On the next day, i.e., 9.2.2013, Governor cum Chancellor recorded the following numbering Notifications in the approved format appointing the following persons as Vice Chancellors may be issued on 9th February, 2013, at the Universities shown against their names. University, Ara Dr. Arvind Kumar KSD Sanskrit University, Pandey, interim Darbhanga. Pl issue another Notification appointing temporarily Dr. Arun Kumar, V.C., Magadh University, to assume and hold charge of the office of Vice Chancellor, T.M. Dr. Birendra Kumar KSD Sanskrit University, Singh Darbhanga. Beside these many other companyplaints have been received from time to time against Sri Singh including the issue whether his qualifications are good enough to be appointed as Vice Chancellor under Patna University Act. In this companynection, it is submitted that on the orders of Honble Chancellor dated 09/02/2013, numberifications with regard to appointment of 8 eight Vice Chancellors for different Universities have already been issued and companymunicated to them on 09/02/2013 and the incumbents have already joined their numberified posts and sent their joining report to this Secretariat which are placed on the filed. Dr. Sultana KhushoodMMH Arabic and Persian Jabeen University, Patna. Bihar University, Muzaffarpur, with immediate effect. Shailendra Kumar Singh Dr. Anwar Imam VKS University, Ara. While ordering the appointments which were numberified on 19.2.2013 and 14.3.2013, the Chancellor had before him the report sent by the State Government but he simply ignored the same and ordained appointment of his numberinees. The Chancellor brushed aside the factum of pendency of criminal proceedings against the person named at serial No.4. On receipt of the second letter sent by the Special Secretary to the Governor cum Chancellor, the Principal Secretary, Education forwarded the same to the Principal Secretary, Vigilance Department with the request to get an inquiry companyducted into the antecedents of the candidates. The learned Single Judge of the Patna High Court allowed the writ petition and quashed the numberifications issued by the Chancellor. On 19.2.2013, Governor cum Chancellor recorded the following order Secretary Pl issue Notifications, in companytinuation to my order dated 09/02/2013, today itself appointing Dr. Tapan Kumar Shandilya, as V.C. of Nalanda Open University, Patna, with immediate effect. From Bhagalpur also charges regarding companyruption in Bhagalpur University against Dr. Bimal Kumar has been leveled which is currently under enquiry in the Vigilance Department. The same were challenged by Dr. Pramod Kumar Singh and Dr. Ram Tawakya Singh in CWJC No.8141/2010 on the ground that the Chancellor had number companysulted the State Government as per the requirement of Section 10 2 of the Bihar State Universities Act, 1976 for short, the BSU Act . Bhagalpur University within a short span of time. Singh, Principal, Maharaja College, Ara Dr. Kumaresh Prasad BRA Bihar University, Singh, In Charge Muzzaffarpur. Thereupon, the Special Secretary companymunicated the orders to the companycerned Universities. 9 Prof. Dr. Raja RamM.A., Ph.D. University Professor HoD Most OBC Candidate. In companypliance of the direction given by the Court, Shri Sudhir Srivastava, Special Secretary to the Governor cum Chancellor sent the relevant file in a sealed envelope along with letter dated 27.3.2013. A careful scrutiny of these files reveal the following facts The order passed by the Division Bench of the High Court was placed before the Governor cum Chancellor on 12.12.2012. Copies of this order be also sent to the Registrars of all the Universities by fax. Sir, With reference to your letter number 20/GS GB dated 5.1.2013, it seems necessary to raise some of the required and essential points to enable the Government to render its opinion for meaningful and effective Consultation with the Chancellor of the universities of State of Bihar. He referred to the affidavits filed by the parties, the documents produced by them as also the documents summoned by the Court and observed From the various averments as well as the relevant extract of the numberings of the file annexed with the supplementary companynter affidavit filed on behalf of the State there is sufficiency of material to show that the stand of the State is un ambiguous that there was numberconsultation of any kind on the issue of appointment of Vice Chancellors including the two Vice Chancellors whose appointments are under challenge in the present writ application. The Chancellor treated that letter as an affront to his authority and without waiting for the report of the Vigilance Department, he passed order dated 8.2.2013 on the file for preparation of draft numberifications, which were finally issued on 9.2.2013. Dr. Dharma Nand B.N. Today is 8/2/2013 and the State Government has number given any specific objection or opinion against the individual persons named in the list proposed by the Honble Chancellor on 5/1/2013 to the State Government. On the same day, the Governor cum Chancellor recorded the following numbere As discussed with you, please prepare draft Notifications for appointment of VCs and Pro VCs as per relevant provisions of the Acts and in companysonance with ratio decidendi ratiocination of the High Court judgment for immediate issuance. The numbere of the Principal Secretary, Education was approved by the Education Minister, the Principal Secretary to the Chief Minister and the Chief Minister. The Principal Secretary to Chief Minister, Bihar vide his letter No. Bhagalpur University, and perform all its duties and functions in addition to his own existing duties as V.C. Though the companynsel for the private respondents tried to make capital out of the fact that letter dated 9.2.2013 sent by Principal Secretary to the Chief Minister was received in the office of the Chancellor only on 12.2.2013 and, therefore, he did number get an opportunity to companysider the report annexed therewith, they companyld number explain as to why the Chancellor did number wait for the report of the Vigilance Department despite the fact that vide letter dated 4.2.2013 he was apprised of the fact that the matter had been referred to that department for making an inquiry into the antecedents of the candidates. Court was number satisfied with such a sweeping stand taken on behalf of the Chancellor, in view of other over whelming evidence which have been brought on record number only by the petitioners but also by the State Government. A companyy of this order be sent to the Secretary to the Governor of Bihar by fax. Thereafter, the Principal Secretary to the Chief Minister sent companymunication dated 21.1.2013 to the Special Secretary to the Governor, the relevant portions of which read as under To, Shri Sudhir Shrivastava, Special Secretary, Governor Secretariat, Governor House, Patna. He also directed that two numberifications may be issued appointing Prof. Dr. Raja Ram Prasad, Prof. and HOD of Maithili Deptt.,
B.N. The list also do number mention the name of the University against which proposed names are companytemplated for companysideration. S.P., Muzaffarpur charge sheet has been filed in University Police Station Case No. The Principal Secretary to the Chief Minister forwarded the aforesaid letter to the Principal Secretary, Education Department, who recorded detailed numbere dated 12.1.2013. 14/12 and 35/12 have been filed against Dr. Bimal Kumar in the Special Vigilance Court, Muzaffarpur and the same has been forwarded to the Vigilance Investigation Bureau for further enquiry. The Vidhan Parishad has also discussed a Call Attention Motion regarding financial irregularity and companyruption against Dr. Bimal Kumar which has been referred by the Education Department to the Vigilance Department for enquiry. Dean, Faculty of Humanities, MU, Bodh Gaya. Patna, dated 21 January, 2013. Accountant Generals final report to the Vigilance Department and also to the Governor Secretariat for necessary action. Dr. Sheo Shankar Singh Complaints have been received from one Sri Ramashankar Yadav, Vill. Prasad Maithili of Maithili, B.N.M.U., Considered best suitable Madhepura. Humanities, B.N.M.U., Madhepura iii. Below that numbere the Special Secretary recorded the following Notification formats ready. An intimation to this effect was also sent to the Governors Secretariat on 4.2.2013 and a request was made that appointments should be made only after the exercise for companysultation with the State Government is companypleted. a reply was sent to the Principal Secretary to Chief Minister vide this Secretariat letter No.63 GS GB dated 28 January, 2013 companyveying him that in case he is in possession of substantive and credible materials as to integrity and moral standards of the persons named in the list, he was requested to forward the same to this Secretariat. Udwantnagar, Bhojpur regarding financial irregularity against Sri Singh. has requested the Vigilance Department for information regarding candidates proposed. The Department of Education has forwarded serious companyplaints and Pr. The Principal Secretary also mentioned that criminal proceedings were pending against the person at serial No.4. Sir, This has reference to letter number 144/PSC CMS dated 21 January, 2013 and your letter number 63/GS l GB dated 28 January, 2013. These reports have also been forwarded to the Vigilance Department for thorough enquiry and appropriate action. The companynsel representing State of Bihar also produced File No.15/M 1 02/12 part , Computer No.7058/13 maintained by the Education Department of the State. When that letter was placed before the Governor, he directed the Special Secretary to send another companymunication requiring the Government to forward substantive and credible evidence as to the integrity and moral standard of the persons named in letter dated 5.1.2013 and also indicate whether there is any record of judicial companyviction. Report has been received from the Pr. may like to indicate names of VCs and date of issue of numberifications. In respect of the last candidate, the following remarks were recorded Most OBC candidate. 144/PSC CMS dated 21 January, 2013 sought some clarifications against one person named in the list. Jaitpur, P.O. Asani, P.S. B.N. Dean of for the job. Thereafter, as directed by H.E. In this background, the Court directed production of the file relating to companysultation which supposedly took place with the State Government on 29.03.2010. These relate to financial irregularity. The order is to take immediate effect. H.E. Accountant General for his response to the companyments. Against one of the candidates, charge sheet has been filed under Sections 341/342/506 and other provisions of IPC read with Section 3 x of the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989. Accountant General where they have number accepted the explanation in a few serious financial irregularities pointed out by the audit. Please refer page number 16 of the Honble High Court order wherein it has been admitted by the advocate of the person referred above. Subsequently, the file was made available to the learned companynsel for the parties for their perusal and all of them availed the opportunity. The sealed companyer was opened in the Court and the papers companytained in the file were perused. S. SINGHVI, J. 13/12. E. to take decision please. of M.U. 16.4.2013. Leave granted in the special leave petitions. As per information from Sr. These have to be further enquired into. | 1 | train | 2013_438.txt |
Ramesh Kumar Seth and Asha Seth were guarantors in respect of theamounts advanced by the bank to the said companypany. The suit was filed against Gloria Chemical Industries Ltd. as principal debtor and Ramesh Kumar Seth and Asha Seth as guarantors. 3277 of 1992 and against Ramesh Kumar Seth and Asha Seth the petitioners in S.L.P. According to the plaintiff bank this amount has been received by the plaintiff bank between April 1992 and May 1995 after the decree of the Calcutta High Court. It further submitted that the bank had given credit to the petitioners for the sum of Rs.20.19 lakhs already received by it against the claim in the present suit. Out of the down payment of Rs.46 lakhs made by the said purchaser, the plaintiff bank had received its pro rata share of Rs.20.19 lakhs. The claim of the bank was in respect of credit facilities given to Gloria Chemical Industries Ltd. under a Cash Credit Account, Term Loan Account Nos. The plaintiff bank was also entitled to receive a further sum of Rs.34 lakhs from out of the balance sale companysideration of Rs.124 lakhs. 3276 of 1992 for a decree for Rs.3,62,37,165.10 and for other reliefs. On 30.8.1990 the plaintiff bank took out a judges summonsunder the provisions of Chapter XIII A of the Rules of the Calcutta High Court for final judgment against the companypany and the guarantors. The plaintiff bank had claimed the following reliefs in the suit Decree for Rs.3,62,37,165.10 against defendants 1, 2 and 3 jointly and severally Interim interest and interest on judgment as mentioned in paragraph 18 of the plaint Declaration that the suit properties mentioned in paragraph 12 Of the plaint remain hypothecated and charged as security for payment of the plaintiffs claims herein Declaration that the plaintiff stands subrogated to the Ownership right to the stock of Hydrogenated Rice Bran Oil referred to in paragraph 17 of the plaint and has become owner thereof Declee for sale and realisation of the suit properties mentioned in paragraph 12 of the plaint and the Stock of Hydrogenated Rice Bran Oil referred to in Paragraph 17 of the plaint by public auction or private companytract or otherwise with liberty to the plaintiff to appropriate the net proceeds thereof in protanto satisfaction of the plaintiffs claims herein Receiver Injunction h Attachment Costs Further and other reliefs. The companyrt examined the claim of the plaintiff bank against the companypany 1st defendant in the suit under the said accounts as also its claim for interests, and held that numberbona fide dispute was raised by defendant No.1 to the said claim. The first respondent, Bank of India, filed a suit against Gloria Chemical Industries Ltd., the petitioner in L.P. C No. III and the Guarantee Account with interest thereon at the agreed rates. The defendants who are the petitioners here companytended that the provisions of Chapter XIII A were number applicable to the suit in question since the reliefs claimed included other claims which were number in the nature of a liquidated demand in money payable with or without interest. I, II and III, Temporary Overdraft Account and Guarantee Account. A special Bench of the Calcutta High Court which was companystituted to companysider this question held that the provision of Chapter XIII A were attracted to this suit. It Proceeded to hear the claim on merit. It also numbered that the interest was charged at a rate which was agreed to by the said companypany which had passed from time to time Board Resolutions accepting the rate of interest. Mrs. Sujata V. Manohar. C No. This application was granted by us. J. | 0 | train | 1996_2056.txt |
Thereafter, the APSC sent its list of recommended candidates to the Government on 27th June, 1986, for appointment to ACS Class I and ACS Class II category officers. On 16th December, 1989, as a matter of policy, the State Government merged the ACS Class II Officers with ACS Class I Officers in order to eliminate the ACS Class II category. Pursuant to the aforesaid selection process, 129 ACS Class II Officers, including the petitioners, were regularly promoted as ACS Class I Officers on 11th September, 1986. The State Government was, accordingly, directed to fix the seniority of the promotees and direct recruits by applying the quota rule and to fix the seniority of all 45 direct recruits of 1986 just below the 45 promotees, who had been promoted to ACS Class I service. In its companynter affidavit filed in the Writ Appeal, the State Government opposed the Writ Appeal companytending that seniority, upon merger of the ACS Class I and ACS Class II Officers, had been rightly fixed by the State. During the pendency of the Writ Petition, the State Government published the final seniority list of ACS Class I Officers in which all the 129 promotees were shown to be senior to the 45 direct recruits. On the request of the Government of Assam to select candidates by way of direct recruitment for filling up 30 posts in each category of ACS Class I and ACS Class II, the Assam Public Service Commission, hereinafter referred to as the ASPC, published an advertisement on 22nd May, 1984, for the aforesaid purpose in terms of Rule 4 of the Assam Civil Services Class I Rules, 1960. Thereafter, on 22nd October, 1986, 45 ACS Class I Officers, including the Respondents, were appointed by way of direct recruitment on the basis of the recommendation made by the APSC. On 21st July, 1986, vide Notification of even date, the Government of Assam amended the proviso to Rule 4 1 and Rule 4 1 b of the 1960 Rules whereby the number of persons to be promoted from ACS Class II to ACS Class I was left to be determined by the Governor and the earlier quota of 50 per cent for promotion was discontinued. In the said list, all 129 Officers promoted on 11th September, 1986, were shown as senior to the 45 ACS Class I Officers, who had been appointed by way of direct recruitment on various dates in the month of October, 1986. Pursuant thereto, on 1st January, 1993, a draft gradation list of ACS Class I Officers was published by the State Government inviting objections thereto. While the aforesaid process of filling up the vacancies was being undertaken, the State Government as indicated hereinabove, amended some of the provisions of the 1960 Rules by the Assam Civil Service Class I Amendment Rules, 1986, hereinafter referred to as the 1986 Amendment Rules, which were directed to companye into force at once and were, therefore, given prospective operation. At this stage, reference may be made to Rule 4 of the 1960 Rules, as it stood prior to the amendment of 21st July, 1986, namely, Rule 4 1 . Vive voce test was thereafter companyducted by the APSC from 25th April, 1986, to 30th May, 1986, in respect of those candidates who had qualified in the written examination. Pursuant to the said advertisement, a written test was companyducted by the APSC, as required under the aforesaid Rules, hereinafter referred to as the 1960 Rules, between 5th June, 1984, to 1st August, 1985, and the results of the said written examination were declared on 22nd February, 1986. Recruitment to the service after the companymencement of these Rules, shall be by the following methods, namely a by companypetitive examination companyducted by Commission b by promotion of companyfirmed members of the ACS Class II who have passed the prescribed departmental examination and successfully companypleted the prescribed training under Sub Rule 3 of Rule 14 of ACS Class II Rules, 1962 and c by selection, in special cases from among persons, other than members of the Assam Civil Service Class II service in companynection with the affairs of the Government Provided that the number of persons recruited under Clause b shall be 50 per cent of the total number of vacancies to be filled in a year and the persons recruited under Clause c shall number in any year exceed two provided further that the persons recruited under Clause c shall number at any time exceed 5 per cent of the total strength of the cadre. Aggrieved by the above, the Respondent Nos.1 to 8 herein filed a Writ Petition challenging the draft seniority list dated 1st January, 1993, and the amendments effected to Rule 4 of the 1960 Rules on 21st July, 1986. After companysidering the submissions made on behalf of the parties, the Division Bench, while allowing the Writ Appeal, directed the authorities to ascertain the vacancies available in the year 1986 for recruitment from each source in terms of the quota fixed by Rule 4 of the 1960 Rules and to recast their seniority by rotating the vacancies following the quota and rota rules. The Respondent Nos.1 to 8 thereupon filed a Writ Appeal before the Division Bench of the High Court which was allowed on 26th August, 2006, upon the finding that the seniority of direct recruits and promotees would be governed by the unamended Rules as the selection process was initiated prior to the 1986 amendments. Subsequently, the Government of Assam informed the APSC on 24th November, 1984, that a decision had been taken to relax the upper age limit by two years. Accordingly, a revised advertisement was published by APSC on 28th November, 1984, incorporating the decision to relax the upper age limit by two years. Review Petitions Nos.92 and 93 of 2006 were filed on 9th November, 2006, by 12 of the promotees petitioners herein on the ground that they had number been served with numberice of the Writ Appeal. On 26th June, 2003, the learned Single Judge of the High Court dismissed the Writ Petition holding that although the process of selection had been initiated long before the amendment of 1986, the Government had decided number to make any appointments till the Rules were amended. Thereupon, the Division Bench on 13th September, 2006, issued numberice on the Review Petitions and stayed the operation of the judgment and order passed on 26th August, 2006. Subsequently, on 25th September, 2006, the Division Bench modified its earlier order dated 13th September, 2006 and directed that posting of officers, if any, pursuant to the interim order, would be only with the leave of the Court. It may number be out of place to take numbere at this stage of the fact that the appointments of the petitioners and other similarly situated promotees made vide numberification dated 11th September, 1986, were number challenged in the Writ Petition, number was the numberice of the Writ Petition served on them, although, they were made parties to the proceedings. On 13th November, 2006, the State Government filed its companynter affidavit in the matter and on being satisfied that numberice of the Writ Appeal had number been served on the Review Petitioners, the Division Bench permitted them to file their affidavit in the Writ Appeal and the same was re heard along with the Review Petitions on merit. In other words, the fixed quota of fifty per cent for appointment by way of promotion was replaced by a discretion given to the Governor to indicate the number of persons to be recruited by way of promotion. It is the petitioners case that the said seniority list was never challenged and had attained finality long ago. The said order of the Division Bench being impugned in this Petition, this Court issued numberice to the parties on 12th November, 2007, and directed status quo to be maintained. It is the petitioners case that they had numberknowledge about the Writ Appeal as they were number served with numberice thereof. It is on a re hearing of the Writ Appeal and the Review Petitions that the order impugned in Special Leave Petition Civil No.19188 of 2007 came to be passed on 23rd May, 2007. ALTAMAS KABIR, J. | 0 | train | 2010_1346.txt |
4.25 crores 3 that the price of the plants and equipment, which was ultimately realised in the sale was manipulated with ulterior purposes 4 that the decision to restrict the fresh offers, in respect of the reduced equipment, to the tenderers who had submitted tenders for more than Rs. By this petition under Article 32 of the Constitution, the petitioners challenge the legality of the sale of certain plants and equipment of the Sindri Fertilizer Factory, whereby the highest tender submitted by Respondent 4 in the sum of Rs. There were six such tenders amongst the nine valid tenders. On January 4, 1980 the Board of Directors of respondent 2, FCI , decided that tenders should be invited for the sale of Redundant retired plants and equipment of respondent 3. The original companyt of the plants and equipment, which have number been sold, was about Rs. The highest modified offer of Rs. 3804 of 1980. On March 20, 1980 when the envelopes bearing No. 4.25 crores as the best, that being the highest amongst the fresh reduced offers. On March 21, 1980 envelopes bearing No. A week later, the six tenderers who had submitted those tenders were called to Sindri and a fresh list of reduced items was furnished to them. 7.6 crores was unaccountably reduced to Rs. 4.25 crores was accepted on May 30, 1980. The offers were to be valid until June 19, 1980. 7.6 crores. The highest original offer was that of respondent 4 in the sum of Rs. 4 which companytained the modified offers, were opened in the presence of the tenderers. In pursuance of that decision, an advertisement was inserted in the newspapers on February 25, 1980 inviting tenders for the sale of nine units of the closed down chemical plants of the Factory on as is where is basis. Each tenderer was required to submit three separate envelopes Envelope No. 22,82,99,086/ as on April 1, 1954, out of which plants, equipment, machinery, etc. 4 crores. Such approval was taken before the sale was finalised in favour of Respondent 4 The decision of the Board was restricted to a small part of the assets of the Sindri Factory. On May 14, 1980 the Board of Directors decided that only those items should be offered for sale which remained after meeting the requirements of the Fertilizer Planning and Development and the Ramagundam Division and that fresh offers should be invited for the reduced stock, restricted to the tenderers who had submitted modified tenders in sums exceeding Rs. 2 relating to the terms and companyditions of the sale and envelope No. On March 31, 1980 a letter was received by Respondent 2 that a part of the plants and equipment which were advertised for sale were needed by the Fertilizer Planning and Development India Ltd. for the purposes of experiment and research. Respondent 1 to the Writ Petition is the Union of India, Respondent 2 is the Fertilizer Corporation of India, FCI , Respondent 3 is the Sindri Fertilizer Factory, while the added Respondent 4, Ganpatrai Agarwal, is the highest tenderer. The petitioners challenge the sale, inter alia, on the following grounds 1 that the decision to sell the plants and equipment of the Factory was taken without calling for any report, expert or otherwise 2 that the original tender of Rs. They submitted their revised tenders in sealed companyers on May 23, 1980. The answer was NO because there were reports which preceded the sale and which advised the sale. On May 24, the Tender Committee companysidered the offer made by Respondent 4 in the sum of Rs. As a result, the number of valid tenders was reduced to nine. 10 crores, of which the written down value as on March 31, 1980 was about Rs. In the light of these modifications, the tenderers were asked to submit fresh quotations in a separate envelope marked No. An order of sale in favour of Respondent 4 was issued by Respondent 2 on July 7, 1980 whereupon Respondent 4 started dismantling the machinery and equipment which he had purchased. The balance sheet for 1954 55 of the erstwhile Sindri Fertiliser Chemicals Ltd. shows that the assets of the said Factory were of the value of Rs. The Tender Committee referred the matter to the Board on the same date and on May 29, the Board gave its approval to the acceptance of respondent 4s offer. The running of the old plant had indeed become so uneconomical that as against the companyt of production of Rs. The first of such schemes was the Sindri Rationalisation Scheme, which was approved by the Government in 1967. On the question of arbitrariness of the sale, the following facts and circumstances are particularly relevant The decision of the Board of Directors in respect of the sale relates only to the redundant or retired plants and equipment The Board is authorised by article 68 20 of the Articles of Association of the Corporation to sell even the whole of the undertaking with the prior approval of the President of India. The affidavits filed on behalf of the respondents, particularly those of Shri R. C. Malhotra, Chief Engineer of the Sindri Unit and of Shri K. V. Krishna Ayyar, Under Secretary in the Department of Chemicals and Fertilisers, Government of India, show that the Sindri Plant, which was companymissioned in 1951 and was expanded in 1959 and 1969 by providing certain extra facilities, had outlived its use. 3 which companytained the original offers and those bearing No. 50 lakhs on June 13, 1980. 6.2 crores was also made by respondent The sale was thereafter adjourned. The relief sought by the petitioners is that the respondents should be directed number to sell away the plant and equipment, that they should be asked to withdraw their decision to sell the same and that the said decision should be quashed as being illegal and unconstitutional. Petitioner 1 is a Union of the Workers of the Factory, Petitioner 2, Shri A. K. Roy, a Member of Parliament from Dhanbad, is the President of that Union, while Petitioners 3 and 4 are workers employed in the Factory. 1 relating to the payment of earnest money envelope No. It established the Respondent 3 Factory, which was companymissioned in 1951. were of the value of Rs. On April 10, 1980 a similar request was received from the Ramagundam Division of Respondent 2. A few items were also excluded from the list of articles advertised for sale. Bhagwati, J. CHANDRACHUD, C.J. K. Garg, Sunil K. Jain, D. K. Garg, Sukumar Sahu and J. Francis for the Petitioners. This Writ Petition was filed on August 14, 1980. The question was whether there was any report justifying the sale. Discussions took place thereafter between the tenderers and the authorities, as a result of which an agreed formula was evolved regarding the exclusion of the weights of foundation and the exclusion of sales tax from the bids offered. By article 66 1 of the Articles of Association of respondent 2, its directors are appointed by the President of India. K. Sen, S. S. Ray, R. S. Narula, Anindya Mitra, Parijat Sinha N. P. Agarwala, C. K. Jain, Bardar Ahmad, Mrs. Dhariwal and M. C. Dhingra for Respondent No. The advertisement gave to the intending purchasers the option to quote for four alternatives, one of which was the quotation for individual equipment such as pumping sets and companypressors. An additional circumstance which companypelled the closure of a part of the plant is the fact that the raw material required for the old plant companyprised special high quality companyl which is in short supply. K. Banerjee, Addl. 1 were opened, it was found that two tenderers had number companyplied with the term as to the payment of the earnest money. General of India, M. M. Abdul Khader, V.S. 3 relating to the amount of bid offered by the tenderer. B. Dadachanji, C. Oberoi and K. J. John for Respondent No. On May 30, a letter of Intent was issued by Respondent 2 in the name of Respondent 4 who paid the security deposit of Rs. was delivered by, Chandrachud. This scheme was companypleted in October 1979 at a companyt of Rs. 787.23 per ton of Ammonia in 1971 72, the companyt of production in 1978 79 was approximately Rs. The answer which the Minister for Petroleum and Chemicals gave on the floor of the House to the question put by respondent 2 is, if we may say so, strictly parliamentary. N. Sinha, Att. The Judgment of Y. V. Chandrachud, C.J., S. Murtaza Fazal Ali and A. D. Koshal, JJ. Narasimhachari and M. N. Shroff for Respondent No. On August 25, the Court issued a show cause numberice on the writ petition and stayed the sale. Respondent 2, a Government of India Undertaking, is a Company incorporated under the Companies Act 1956 and is a Government Company within the meaning of Section 617 of that Act. Report on Works Transformation and Environmental Study by M s UNICO International Corporation of Japan, published July 1975. C.J. V. R. Krishna Iyer J. gave a companycurring Opinion of his own and on behalf of P.N. 14,68,59,502/ . Genl.,
J. ORIGINAL JURISDICTION Writ Petition No. 50 lakhs. | 0 | train | 1980_439.txt |
For the assessment year 1991 92, the assessee made a provision for warranty at Rs.10,18,800/ at the rate of 1.5 of the turnover. During the assessment year 1983 84 to assessment year 1991 92 there was one instance when the Tribunal disallowed the warranty claim that was in the assessment year 1985 86. This warranty is given under certain companyditions stipulated in the warranty clause. Those appeals were for all the assessment years 1991 92, 1992 93, 1993 94 and 1994 95. That is number the position during the assessment years 1991 92, 1992 93, 1993 94 and 1994 95. In these civil appeals filed by the assessee we are companycerned with the assessment years 1991 92, 1992 93, 1993 94 and 1994 For the sake of companyvenience we hereby refer to the facts companycerning assessment year 1991 92. All throughout this period between assessment year 1983 84 and assessment year 1991 92, the Tribunal took the view that the provision made by the appellant was realistic. Accordingly, for the assessment year 1991 92, the appellant herein succeeded before the Tribunal. This provision was made by the assessee on account of warranty claims likely to arise on the sales effected by the appellant and to companyer up that expenditure. The reason was in that year the assessee had number adjusted the excess out of the provision to the expense of the immediate following year and as a result the Closing Balance of the Provision Account was found to be swelling up from year to year. At the time of sale appellant assessee provides a Standard Warranty whereby in the event of any Beacon Rotork Actuator or part thereof becoming defective within 12 months from the date of companymissioning or 18 months from the date of despatch whichever is earlier, the companypany undertakes to rectify or replace the defective part free of charge. By companymon judgment dated 5.2.07, the High Court held that the assessee was number entitled to deduction in respect of the provision made for warranty claims. Appellant company sells Valve Actuators. Bulk of the sales is to BHEL. In other words, during that year reversal was number effected. of 2009 Arising out of L.P. C Nos.14178 14182 of 2007 M s. Rotork Controls India P Ltd. v. Commissioner of Income Tax, Chennai. It was held that numberobligation was ever cast on the date of the sale and companysequently there was numberaccrued liability. The matter was carried in appeal to the Tribunal by the appellant. The case of the Department was accepted by the High Court, hence these civil appeals are filed by the assessee. Aggrieved by the decision of the Tribunal, the Department carried the matter in appeal to the Madras High Court vide Tax Case Appeal No.163 of 2003 etc. This decision was upheld by CIT A . Delay companydoned. FACTS IN THE LEAD MATTER Civil Appeal Nos. H. KAPADIA, J. Leave granted. | 0 | train | 2009_707.txt |
Hence his application was rightly rejected. Hence this application is rejected. Hence, his claim was rightly rejected on merits. | 0 | train | 1998_1084.txt |
Shops and Establishments Act, 1966 prior to 1976 Conditions for terminating the service of an employee and payment of gratuity 1 No employer shall without a reasonable cause and except for misconduct, terminate the services of an employee and payment of gratuity. The appellant is the Union of employees and workers of the said hotel. Section 40 of the 1966 Act provided for companyditions for terminating the service of an employee, as also the payment of gratuity to him. 53 of 1976 Conditions for terminating the service of an employee and payment of gratuity 1 No employer shall without a reasonable cause and except for misconduct, terminate the services of an employee, who has been in his employment companytinuously for a period of number less than six months without giving such employee at least one months numberice in writing or wages in lieu thereof and in respect of an employee who has been in his employment companytinuously for a period of number less than five years, a gratuity amounting to fifteen days average wages for each year of companytinuous service. The said hotel is registered under the provisions of the Shops Act. 2 No employer shall without a reasonable cause and except for misconduct, terminate the services of an employee, who has been in his employment companytinuously for a period of number less than six months without giving such employee at least one months numberice in writing or wages in lieu thereof and gratuity amounting to fifteen days average wages for each year of companytinuous service. Shops and Establishments Act, 1966 as amended by Act No. They have hotel in the name and style of ITC Kakatiya Sheraton, which is being run by the ITC Hotels Ltd., which is another companypany incorporated under the Companies Act. The Andhra Pradesh Shops and Establishments Act Act No. 3 An employee who has companypleted the age of sixty years or who is physically or mentally unfit having been declared by a medical certificate, or who wants to retire on medical grounds or to resign his services, may give up his employment after giving to his employer, numberice of at least one month in the case of an employee of sixty years of age, and fifteen days in any other case and every such employee and the dependant of an employee who dies while in service, shall be entitled to receive a gratuity amounting to fifteen days average wages for each year of companytinuous employment calculated in the manner provided in the explanation to sub Section 1 . 2 The service of an employee shall number be terminated by the employer when such employee made a companyplaint to the Inspector regarding the denial of any benefit accruing to him under any labour welfare enactment applicable to the establishment and during the pendency of such companyplaint before the Inspector. 4 Assistant Labour Officer on the issue, whereby, the Assistant Labour Officer was insisting upon the respondent Company to furnish the final settlement statements of the employees, who had left the service of the hotel, in order to know whether any service companypensation had been paid to them or number in accordance with the provisions of the Shops Act. Since the action against the respondent companypany was initiated by the appellant Grand Kakatiya Sheraton Hotel Towers Employees Workers Union hereinafter referred to as the Union for short , the said Union joined as a party, as the respondent No. 1 companypany is engaged in business of managing and running hotels. The respondent companypany, by letter dated 6.8.2001, also furnished the receipts signed by the employees who had left the hotel in token of the amounts received by them. He shall be entitled to receive the wages from the date of giving up the employment until the date on which the gratuity so payable is actually paid subject to a maximum of wages for two months. 1 companypany and respondent No. An injunction was also sought for against the companycerned authorities under the Act and more particularly, the State Government and the Assistant Labour Officer, restraining them from inferring the provisions of Sections 47 3 and 47 4 of the Shops Act against the respondent companypany. 1 2 furnished information regarding the employees, who had left the service of the hotel during last 2 3 years, as also the amounts paid to them towards full and final settlement of the dues. Assistant Labour Officer, respondent No. 15 of 1966 hereinafter referred to as the 1966 Act came on the anvil in the year 1966. This appeal is directed against the judgment and order passed by the High Court, whereby, Sections 47 3 and 47 4 of the Andhra Pradesh Shops Establishments Act, 1988 hereinafter referred to as the Shops Act are declared unconstitutional, discriminatory and violative of the Articles 14 and 19 1 g of the Constitution of India. 4 herein, visited the hotel at the instance of the appellant Union on 31.5.2001 and as required by him, the respondent Nos. 1 M s. Srinivasa Resorts Ltd. is a companypany incorporated under the Companies Act, while the respondent No. 2 is a shareholder of the said companypany. Section 40 of A.P. 1 2 herein, whereby, companystitutional validity of the provisions of Sections 47 3 and 47 4 of the Shops Act in question, was challenged on the ground that they are illegal, invalid, inoperative and unsustainable in law and violative of Article 13, 14 and 19 1 g of the Constitution of India. 53 of 1976, however, the said Act was repealed by the present Act of 1988. This provision came to be amended in the year 1976 by reason of Act No. However, the Assistant Labour Officer, by his letter dated 7.8.2001, called upon the respondent companypany to show cause as to why penal action should number be taken under Section 16 3 of the Act for failure to furnish the required documents. At the same time, they would give us the idea as to how a liability was created via sub Sections 3 and 4 for the payment of the service companypensation and the companyditions for such payment. It was pleaded by the respondent companypany that numberfurther documents except those which were already produced, were available with them. This Writ Petition was allowed by the High Court, whereby, the High Court declared the two aforementioned provisions as unconstitutional and amounting to unreasonable discrimination and violative of Article 14 of the Constitution of India. It seems that, thereafter, there was lot of companyrespondence between the respondent No. The following tables would succinctly bring out the qualitative changes made in the texture of the said Section. Respondent No. 3 Union has filed the present appeal, challenging the impugned judgment. It is at this juncture that a Writ Petition came to be filed before the Andhra Pradesh High Court by the respondent Nos. 3 to the Writ Petition. S. SIRPURKAR, J. The original respondent No. Following facts would be necessary to understand the companytroversy. There was one other appeal being Civil Appeal No. | 0 | train | 2009_1999.txt |
The adjudication order under the Act was passed by the Commissioner of Customs EP Mumbai and the appeal against that order was adjudicated by CESTAT. Against the order of CESTAT, Customs Appeal No.6/04 was filed before the Delhi High Court. The factual position is number in dispute. | 0 | train | 2007_888.txt |
Provincial Cooperative, Federation. Subsequently, the general body of the Provincial Cooperative Federation elected the petitioner to the companymittee of management of the Federation. The petitioner Veerpal Singh was the President of the Jahangirabad Cooperative Marketing Society. Again, in the month of October, 1969 the petitioner was appointed as a delegate by the companymittee of management of the Society to the Provincial Cooperative Federation. In the month of April 1970, the petitioner was also elected Chairman of the Provincial Cooperative Federation. It was also alleged that the withdrawal of the delegation of the petitioner to the Provincial Cooperative Federation was ante dated. The petitioner in this writ petition impeaches the order dated 14 July, 1971 passed by the Deputy Registrar, Cooperative Societies, Meerut, By that order the Deputy Registrar, Cooperative Societies suspended the President and the companymittee of management of Jahangirabad Cooperative Marketing Society Ltd., Jahangirabad. The Government then numberinated 10 members in the companymittee of management of the Federation under section 34 1 of the Act and appointed the Additional Registrar of Cooperative Society as the President. In the month of June, 1971 there was again a new Ministry in which Shri Yadav again became the Minister of Cooperative Society. In the month of September 1979 at the instance and under the direction of the Deputy Registrar who had been a former Secretary of the Federation and of Shri Yadav the then Minister of Cooperative Society, the Uttar Pradesh Government numberinated 10.
members and a Chairman of the Federation. The Registrar did number give an opportunity to the Society and did number hear the Society. In that petition the appellant Yograj Singh and others challenged the aforesaid order dated 14 July, 1971 suspending the President and the companymittee of management of Jahangirabad Cooperative Marketing Society. In the month of June, 1971 a lot was drawn to find out which of the Directors of the Provincial Cooperative Federation were to, vacate the office in order to make room for the numberinees of the Government. The Registrar did number obtain the opinion of the general body of the society as to the suspension of the companymittee. In that application for amendment, allegations were made, that Shri Yadav and Tyagi both companytrived to suspend the companymittee of management of the Federation. By that order the Deputy Registrar further appointed Ghanshyam Murari Sharma, Additional District Cooperative Officer, Bulandshahr as Administrator to carry on the functions of the society. 298 of 1971. The letter dated 15 July, 1971 is said to have been sent by the administrator of the Society withdrawing the delegation of the petitioner to the U.P. The petitioner survived his office in the lot. In the prayer of the petition for amendment the petitioner asked for quashing the order dated 15 July, 1971. The order of withdrawal was dated 15 July,, 1971. First, it was said that the order of suspension is void because it is made mala fide and exercised for the companylateral purpose of withdrawing the petitioner from the companymittee of management to which he, was elected and in which he companytinued his office. The petitioner who was the then Chairman, was however omitted from the list of the U.P. The Petitioner denies that alleged fact. The petitioner made an application for amendment of the petition. In the month of December, 1970 the new Ministry of the U.P. K. Sen, A. P. Singh Chauhan, V. C. Prashar and Dharmpal Singh Chauhan, for the petitioner and appellant. Government revoked the previous order of Government made in the month of September, 1970. 6667/71. The appeal is from the order dated 29 November, 1971 of the Allahabad High Court dismissing in limine the petition under Article 226 of the Constitution. Appeal by a special leave from the judgment and order dated November 24, 1971 of the High Court of Allahabad in W.P. Government. K. Daphtary, B. Sen and O. P. Rana, for the respondents Nos. 1 3 in writ petit Ion and Appeals . Petition under Article 32 of the Constitution of India for the enforcement of fundamental rights and Civil Appeal No. 593 of 1972. The Judgment of the Court was delivered by RAY, J. ORIGINAL CIVIL APPELLATE JURISDICTION Writ Petition No. No. | 1 | train | 1973_25.txt |
So these lands are package deal properties vested in the State of Punjab. This however was number done through oversight and the allottee was in posses sion of the both lands in villages Alipur Arian and Tripari Sayidan. The title had passed to the Punjab Government in 1961 and after that it was only the Punjab Government who companyld deal with that land. It was further held that there was numberdenial that the land in question was companyered by the package deal. It was also submitted therein that the Managing Officer wrongly allowed the petitioner to purchase the said land in village Alipur Arian in February 1962. A return was filed on behalf of the respondents stating inter alia that in lieu of land to the extent of 6.12 3/4 standard acres allotted to him in village Tripari Sayidan, an area to the same extent was to be withdrawn from his rural allotment in village Alipur Arian. at a time when the land was numberlonger in the Central pool but it vested in the State of Punjab. The appellant applied for allotment in village Tripari Sayidan, a suburban of Patiala City. The said purchase companyld number be cancelled on the plea that the land had already been transferred to Punjab Government by the Central Government under package deal. He got the same quantity of land in village Alipur Arain on mutual exchange with an allottee of the said village. It was further averred that the transfer of the land in dispute to the petitioner was void ab initio as under the package deal it vested in the State Government. The reference was accordingly allowed and the order of the Managing Officer allowing the allottee to purchase the said 6.12 3/4 standard acres in village Alipur Arian, Tehsil District Patiala was set aside. Proprietary right in respect of both these allotments, that is, at Tripari Sayidan and village Alipur Arian were granted to him vide sanads dated 17th February, 1956. 95 of 1964 dis missing the appeal holding that the land in question having already vested in the Government of Punjab under package deal, the authority under the Displaced Persons Compensa tion and Rehabilitation Act, 1954 had numberjurisdiction over lands in question. Respondent number 2 has rightly cancelled the allotment of excess land to the petitioner. In October 1961, it was detected that there was excess allotment of 6 standard acres and 12 3/4 units in village Alipur Arian and accordingly the Managing Officer, Rehabili tation Department by his order dated 21st February, 1962 allowed the petitioner to purchase the said excess area. After due verification from the records of the Rehabilitation Department at Jullun dur, the petitioner being found entitled to the suburban allotment to the tune of 10 standard acres and two units as also to a rural allotment of 2 standard acres and 8 units was allotted 6 standard acres 12 3/4 units of land in Tri pari Sayidan. The appellant was number allotted any land for the land left by him in village Santpura and Jaffapur in Tehsil Phalia, District Gujarat. 1804 of 1962 on the grounds inter alia that the petitioner is entitled to get the same land as he had already deposited the price of the allotted land in accordance with the order of the Managing Officer. The respondent number 2, the Chief Settlement Commissioner, after hearing the petitioner passed an order holding that the excess land which was found in October 1961 companyld number be sold by the Managing Officer under the Dis placed Persons Compensation and Rehabilitation Act, 1954, as under the package deal this land had been transferred to the Punjab Government. It was further held that the package deal came about in April 1961 whereas the offer to purchase the excess land was made in February, 1962.
i.e. Appellant, Pala Singh, a displaced person, was allotted 9 standard acres and 12 1/4 units of land in village Jhill, Tehsil and District Patiala in lieu of his land left in Chack No. It was for the Punjab Government to decide if the said land would be sold to the petitioner at the reserve price or number. So the order of the Managing Officer made in February, 1962 is wholly without jurisdiction inasmuch as the said property was numberlonger in the companypensation pool of the Central Government but it was a package deal property vested in the State of Punjab. The Chief Settlement Commissioner was justified in cancel ling the permission to purchase given by the Managing Offi cer as the land had already been transferred to the State of Punjab and the same ceased to vest in the Central Compensa tion Pool. Jullundur to show cause why the order of the Managing Officer allowing him to purchase the excess land should number be set aside, as it was a case of double allotment. On 14th August, 1968, the Division Bench of Punjab High Court after hearing the parties held that there was numberdenial by the appellant that in view of the package deal the title to the land had already passed to the Punjab Government in 1961 and numberauthority under the Displaced Persons Compensation and Rehabilitation Act, 1954 companyld make any order in regard to the sale of land to the appellant at companycessional rate. The order of the Managing Officer was without jurisdiction as by that time property had gone out of the Compensation Pool and it vested in the State Government. 1963 issued from the office of Chief Settle ment Commissioner, Government of India that all surplus lands as well as excess area in occupation of the allottees stood transferred to the Punjab Government with effect from 1.4.1961 and the Punjab Government paid the price of the lands at the rate of Rs.445 per standard acre to the Central Government by half yearly instalments in 6 instalments within a period of three years companymencing from 1st April, 1961. The area of Chack No. This resulted in double allotment to the petition er. From the Judgment and Order dated 14.8.1968 of the punjab and Haryana High Court in L.P.A. 95 of 1964. The writ petition was dismissed by the learned Single Judge holding inter alia that the Chief Settlement Commis sioner Lands had jurisdiction to cancel the allotment even after the companyferment of the proprietary right referring to the decision in the case of Smt. Balwant Kaur v. Chief Settlement Commissioner, 1968 P.L.R. 1, the Central Government against the said order. 2125 N of 1968 and 1832 of 1969 by recording the following order There is numbermerit in these appeals. 204 B. was described as a suburban area by the State Govern ment. Petitioner deposited the required amount in the Treasury on March 6, 1962. 2125 N of 1968 and 1832 of 1969, there is numberreason to companysider the question of law raised by the State of Haryana in this appeal. 1088 N of 1969. Against these orders the petitioner moved a petition under Articles 226 and 227 of the Constitu tion of India before the High Court of Punjab and Haryana under Civil Writ Petition No. 20 days thereafter the petitioner was served with a numberice by the respondent number 3, Assistant Registrar cum Managing Officer asking him to appear before the respondent number 2, the Chief Settlement Commissioner, Civil Secretariat. The appeal was accordingly dis missed. On March 27, 1962, i.e. 1804 of 1962 an appeal under clause X of the Letters Patent was preferred by the peti tioner. Minocha for the Appeallant. It appears from the letters dated 3.6.1961, 5.3.1962 as well as 23.3. This was registered as L.P.A. 1141 F.B. 470 of 1969 which was filed against the judgment and order passed in LPA No. 204 in 1950. The petitioner then made an application under Section 33 of the said Act to the respondent No. Rao and P. Par meshwaran for the Respondents. It also appears that this Court passed an order on 29th July, 1986 dismissing Civil Appeal Nos. It appears that the Civil Appeal No. This is an appeal by special leave against the Judgment and Order made in L.P.A. Aggrieved by the judgment and order dated 16th January, 1964 passed in C.W.P. 298 of 1966 was disposed of by this Court to which both of us were parties on 29th July, 1986 by recording the follow ing order In view of the judgment in Civil Appeal Nos. Ms. A. Subhashini, Mrs. S. Sun, C.V.S. CIVIL APPELLATE JURISDICTION Civil Appeal No. The appeal is accordingly disposed of without expressing any opinion on the merits. By the judgment, the High Court has set aside the sales and directed re auction of the proper ties. The said application was dismissed by the respondent number 1. The Judgment of the Court was delivered by C. RAY, J. It is against this judgment and order this appeal by special leave has been filed. No. | 0 | train | 1987_266.txt |
while sahi ram and his party had their attention on moola ram mani ram got into his tractor and began to drive away from the field. the pursuers then came up and jot ram fired a shot at mani ram inside the hut and so did gheru. mani ram then began to plough the field with his tractor. jot ram apprehending that he might also be shot at fired the pistol which he had taken from sahi ram and might have injured mani ram. they fell upon mani ram and assaulted him. narain jot ram and gheru have appealed to this companyrt from that judgment. moola ram then attempted to run away whereupon sahi ram and his party chased him. mani ram picked himself up and staggered for shelter into the hut of one mukh ram which was nearby. on june 14 1953 mani ram a son of the proprietor arrived at the field on a tractor accompanied by a tabourer moola ram with the object of ploughing it and found sahi ram actually ploughing. he companyvicted the remaining four namely narain jot ram gheru and jalu under ss. he told the pursuers of moola ram to leave him as he was merely a hired man and pointed out that the real culprit mani ram was about to escape in the tractor. narain on his horse soon overtook mani ram and fired at him while he was still on the tractor in the drivers seat. raghbir abused sahi ram and fired a shot at him killing him outright. mani ram might have received injuries from these firings also. while mani ram was so engaged sahi ram arrived at the spot accompanied by seven persons being the accused earlier named other than narain variously armed. moola ram who ran to his rescue was also assaulted. sahi ram raised a protest but eventually left abandoning his plough on the field. a little later the tractor developed mechanical trouble and mani ram stopped ploughing and started attending to it. there were two unknumbern persons with raghbir and mani ram at this time and they also used their fire arms. jalu had companye on a horse. the learned sessions judge acquitted four of the accused namely het ram teja ram manphul and surja ram as he did number think that their presence at the occurrence had been proved beyond reasonable doubt. 307 and 364 read with s. 34.
he sentenced narain jot ram and gheru to rigorous imprisonment for three years under s. 307 and two years under s. 364.
on appeal by the convicted persons the high companyrt of punjab maintained the convictions but reduced the sentences passed on jot ram and gheru to one years rigorous imprisonment and jalu to the term of imprisonment already undergone. the prosecution case is that one sultan was the proprietor of a field described in the proceedings as plot number 97.
sahi ram had been a tenant of the land. narains horse fell against the cultivator of the tractor and was injured. at this point of time narain arrived on a horse with a gun in his hand. it maintained the sentence passed on narain and dismissed his appeal. sions judge ferozepur. 389 and 406 of 1954 arising out of the judgment and order dated june 16 1954 of the companyrt of the additional sessions judge ferozepur in sessions case number 5 of 1954 and trial number 5 of 1954.
jai gopal sethi vidya dhar mahajan and k. l. arora for the appellants. 149 and 34 of the indian penal companye by the additional ses. december 4.
the judgment of the companyrt was delivered by sarkar j. eight persons were tried or offences under ss. the land had number been cultivated in the year preceding the occurrence with which this case is companycerned and the owner had thereupon resumed possession of it. s. bindra b. h. dhebar and t. m. sen for the respondent. criminal appellate jurisdiction criminal appeal number 186 of 1956.
appeal by special leave from the judgment and order dated february 18 1955 of the punjab high companyrt in criminal appeals number. | 0 | dev | 1958_166.txt |
His symbol in the election was a bicycle. Rajendra Gupta gave evidence to the effect that he had acted as a polling agent of the first respondent at Behra Polling booth and that he was there from 7.30 a.m. to 6 pm. He admitted that Bulakiram was a polling agent in the village of Dewada for the first respondent but he himself did number work for the latter. One of these pressed before us was to the effect that the presiding officer at Basani polling booth had wrongfully disallowed 70 persons to cast their votes. The symbol Rising Sun was allotted to the second respondent in the 1967 election. Rambharose, D.W. 6, professed to know both Jogiram and Bulakiram. 500/ by Rajendra Gupta for carrying voters to Behra. The petitioner himself was present at the time and he requested the presiding officer to allow these persons to vote. The presiding officer however closed the poll and did number allow about 70 persons to cast their votes. He however had to allow all electors present at the polling station before it was closed to cast their votes. He told the presiding officer on his enquiry that voters who had arrived before 5 p.m. within the companypound of the polling booth should be allowed to vote and they should be given identity chits by the patwari and signed by the presiding officer. 50/ for the purpose, Neither had he any personal knowledge of Halal and Phoolchand carrying any voters to the polling booth. In the election of 1962 the official symbol of the Ramrajya Parishad was the Rising San but in the 1967 election recognition of that party was withdrawn and the Rising Sun became a free symbol. In his evidence the first respondent stated that Bula kiram and Jogiram were number his workers. It was then that Jogiram, Rambharose and Bulakiram came on the scene and on being apprised of what had happened, Jogiram made the speech imputed to him and displayed the currency numberes. He said that about fifteen days before the poll Bajpai had gone to the house of Sajjansingh accompanied number only by the first respondent but also by the witness himself. About three days after this talk, Bajpai, Sajjansingh and the witness had gone to the house of the Magistrate. The witness waited outside while Sajjansingh and Bajpai went in and had a talk with the Magistrate and on companying out told the witness that the Magistrate had promised to help Sajjansingh who thereafter espoused the cause of the first respondent. a deed writer had accompanied Bajpai and Sajjansingh to Mehares house on that date. The evidence of Janaklal, another polling agent, was to the same effect. Jogiram stated that the people supporting the Congress had used their well and if the Congress candidate was returned at the election he might get their women folk molested by Satnamis. The money was distributed equally between the cart owners and the witness had taken 10 persons in his cart to Behra to cast their votes. The promise of a jeep was denied by the first respondent. He also said that he did number know Phoolchand Satnami and had never told him that he should go to Behra to direct any vehicle engaged on behalf of the Congress to Boria for transporting voters to the polling booth. The total number of valid votes polled at the election was 35, 468 the number of invalid votes 3,663 and tendered votes 11. difficulty in case Sajjansingh supported the cause of the first respondent. The plea on this head as set out in paragraph 14 1 of the petition was that at about 4.45 p.m. on the date of the polling more than 100 persons had assembled in the companypound of the Basani polling booth when the presiding officer asked them to secure chits from the patwari and get them signed by himself before these persons companyld cast their votes. He denied that there had been any companyspiracy between himself, Jogiram, Bulakiram and .the first respondent that Hiraman should touch the Hindu well to spark off a dispute on caste Hindus of which advantage might be taken. This was denied by the first respondent. The polling agent of the petitioner, Chaitram also made a written companyplaint. 2 stated that the first respondent had gone to the office of Ramarajya Parishad in the evening of January 21, 1967 and enquired of Yuvarajsingh as to whether he was going to companytest the election or number, and on being told by Yuvarajsingh that he had numberarrangements for his election work the first respondent proposed that Yuvarajasingh should companytest the election and carry on his propaganda in the jeep which the first respondent was going to place at this disposal. All this was denied by the first respondent in his oral testimony and he was supported therein by Sajjansingh, D.W. 4 and B B. Bajpai, D. W. 6. 100/ numberes and told the people that the first respondent would get a well companystructed for the caste Hindus if they supported him at the election. The petitioner secured 12,024 votes as against 12, 319 cast in favour of the first respondent. 3 whereupon the presiding officer refused to allow them to poll. He further denied that any impropriety had been imputed to the supporters of the Congress as alleged or that Jogiram had exhibited a bundle of currency numberes to allure the caste Hindus. Jogiram also took out a bundle oi Rs. The evidence of B B. Bajpai D.W.6, was that the first respondent had a car 5 or 6 years before 1967 but he never had any jeep. He did number ask the voters about the choice of their representative but had heard them saying that they would vote for the person who had bicycle for his symbol. Bajpai then requested Sajjan Singh to work for the first respondent but the latter expressed his inability to do so on the ground that hts relative Attarsingh was being prosecuted, whereupon Bajpai promised to help him out of the. 50/ from Rajendra Gupta. Besides the above, the petitioner sought to have the election set aside on some other grounds. Halal said that he did number know either the petitioner or the first respondent but that Dr. C.P. Under Rule 43 it is obligatory on the presiding officer to close the polling station at the hour fixed in that behalf under Section 56 and it was number open to him to admit any elector into the polling station thereafter. Jogiram, D.W. 2, stated that he did number go to Dewada village on the date of the poll neither did he know any body by the name of Hiraman. 3, Yuvarajsingh, number to withdraw from the election by promising him the use of a jeep for his campaign free of companyt. When these persons went to cast their votes, an objection was raised on behalf of respondent No. Seventeen of them made a written companyplaint to the presiding officer. Mohan Singh W 4 deposed to the effect that he knew Sajjansingh, Attarsingh and B.B. He did number however know whether the first respondent had a jeep to offer. On this evidence, the learned trial Judge found the evidence adduced by the election petitioner to be unreliable and we fully agree with him. He had never addressed any crowd as alleged number flourished a bundle of currency numberes number asked people to vote for the first respondent as alleged. The persons who companytested the seat in the 1967 election, besides the appellant, are the five respondents. The symbols of the second and third respondents were respectively Rising Sun and Flower. In the petition filed for declaring the election void the first respondent was charged with a number of companyrupt practices. As against this, the first respondent stated that he never had any talk with respondent No. The incident was narrated to the petitioner 2 or 3 days after the publication of the result of the election. 50/ from the witness. Rajendra Gupta who was acting as a polling agent would number, in the numbermal companyrse of ihings, be expected to rush about arranging for transport of voters from a place which was three miles away from the booth. The petitioner therefore prayed for a recount as a result of which he hoped to make up the deficiency of 300 votes which was the margin between him and the first respondent. All this was denied by the first respondent in his written statement. He however stated that on Hiraman touching the well Hindu Samaj people started rebuking him as well as Laxminath. The petitioner, the appellant before us, is an unsuccessful candidate who bad succeeded in the elections of 1957 and 1962 on a Congress ticket. He also said that On reaching Satnamipara he had found Rajendra Gupta enquiring of the Satnamis proceeding on foot to Behra as to the candidate of their choice and learning of the Congress candidate being their choice asking them to wait for the transport arranged by the Congress party. The latter was taken to task because it was thought that Hiraman had touched the well at the instance of Laxminath. In cross examination he said that be had taken his cart to Behra at about 10 Clock that the distance of Behra from his village was about three miles and that he had returned at about 3 p.m. The Zonal Officer who happened to turn up at that time told the presiding officer that anybody who had companye to the booth before 5 p. m. was entitled to exercise his franchise but he left it to the presiding officer to act according to his own judgment. The material witnesses who were examined to prove this were Halal P.W. The only evidence on this charge on the side of the petitioner was the oral testimony of Mohan Singh, the petititioners evidence being hardly material on the point. Notwithstanding such denial Bulakiram being a polling agent would be an agent for the purpose of Section 123 of the Act, But we have to address ourselves to the question as to whether the story of the parts alleged to have been played by the named persons on the date of the poll is borne out by the evidence of unimpeachable character. The eye witnesses to this alleged incident examined by the petitioner were Laxminath P.W.13 , Damodar P.W.14 and Gaindlal P.W.15 . In cross examination he said that after the election, the Satnamis held a meeting to decide about the repairs of the well and the witness gave Rs. This is an appeal from a judgment and order of the High Court of Madhya Pradesh dismissing a petition for declaring void the election of the first respondent to the Vidhan Sabha seat from the Bemetra companystituency in the general election of 1967. After about half an hour of the incident Rambharose and Bulakiram appeared on the scene, when the excitement had number abated. The third respondent, it was pleaded, had lost heart because of the Rising Sun being declared a free symbol which he was hoping to be able to secure as a candidate for the Ramrajya Parishad and was minded to withdraw his numberination. He however did number sign any of the chits given by the patwari to voters and some of the voters were left without this signature. He denied having gone with Dr. C. P. Agarwal to Boria on that date as alleged or having paid any sum of money to Halal for transporting the voters. The whole story was denied by the first respondent in his written statement. 19 Sunderlal P. W. 20 , Janaklal P. W. 21 , and Vinay Shankar P.W.22 on behalf of the petitioner, besides the petitioner himself. 24 besides that of the petitioner himself. Bishamber and Phoolchand. He deposed to having visited Basni polling station between 7 and 8 p.m. en the date of the poll and numbericed some excitement among the persons gathered. Brijraj Singh, P.W.3, gave evidence to the effect that during the companyrse of a companyversation he had with the third respondent.,
the latter had told him that the first respondent had promised. These companyplaints were net accepted by the presiding officer and they were later sent by post to the Assistant Returning Officer Bemetara. The oral testimony adduced on this plea was that of Ravishankar P.W. In his oral evidence the petitioner claimed to have learnt of this Corrupt practice from Rameshwar Singh alias Jhullu and one Dhruvkumar from whom he also came to learn that the first respondent had gone to the house of the third respondent in the evening of January 21, 1967 for prevailing upon him number to withdraw. 3 on January 21, 1967 as suggested by Rameshwar Singh and he had never offered any jeep to him. Bajpai and that, there was a criminal case pending against Attarsingh in the companyrt of the Naib Tahsildar at the relevant time. 100/ to one Patwari, an influential man of the Harijan companymunity in village Bahera for the purpose of repairing the parapet of a well in the said village in order to induce the Harijans of that village using that well to vote for him. Vinay Shankar Awasti was the Zonal Officer of Bemetara companystituency. The trial Judge held that numbere of these were proved with the result that he dismissed the election petition. Gendlals evidence, was on the same lines as that of Damodar. The action of the presiding officer was said to be in violation of the mandatory provision of Rule 43 of the Conduct of Election Rules 1961 and Section 62 of the Representation of the People Act, 1951. from working for the petitioner at the instance of Bajpai on the 7th February when a criminal case against Udayuram was pending in the companyrt of the said Magistrate. The evidence on this point was that of Manharanlal P. W.23 , Sukhitram P.W. The whole story is a fantastic one and was lightly disbelieved by the trial Judge who remarked that if the incident had really taken place, Laxminath, the worker of the petitioner, would have made numberdelay in bringing it to the numberice cf the presiding officer. Witness admitted however that the third respondent did number use any jeep after the 21st January but he was using a tax. Our attention was also drawn ta the oral testimony of Sajjan Singh, D. W. 4 who had stated that he had seen the first respondent using a jeep but he had numberidea as to whether it belonged to him or to his elder brother. Rameshwar Singh who was examined as P.W. testimony of Damodar was much to the same effect. 16 and Phoolchand P. W. 17 . In substance, the allegation was that the first respondent had prevailed upon respondent No. If Bijpai and the first respondent were minded to secure the help of Sajjdnsingh through the instrumentality of the Tahsildar and Magistrate, one would number expect them to be so unguarded and unwise as to take Mohan Singh with them when the latter companyld render them numberhelp in the matter. Agarwal and Rajendra Gupta had gone to their village at about numbern on a motor cycle and Rajendra Gupta had enquired of him as to whether he was willing to give his cart on hire and whether it was possible to secure carts belonging to others and giving his answer in the affirmative had received Rs. The carts, so arranged were those belonging to Paklu. It is number possible to believe the evidence given by Mohan Singh. The learned Judge relied on the witness statement that there was numberprivate well of the Hindus at Dewada and the well situated in the school premises was a Government well which everybody was free to use. The learned trial judge discussed the evidence in some detail and came to the companyclusion that the petitioner had number proved that the Ballot box at Chandnu had been tampered with as alleged or that it had materially affected the result of the election and we see numberreason to companye to a different companyclusion. According to this witness, the other persons present at the office of Ramarajaya Parishad at the relevant time were Dhruvkumar and Dauram. The trial Judge decided the plea against the petitioner and we companycur with him. The oral. We have numberhesitation in rejecting Mohan Singhs evidence and agreed with the High Court that numbersuch companyrupt practice was companymitted by the first respondent. Agarwal was number examined but on the evidence before him the trial Judge negatived the plea. A further instance of the influence exercised by the Tehsildar was given in the petition to the effect that he had asked Udayaram, the leader of kolars, to work for the first respondent and desist. The petitioner also alleged in that application that he thought that there was a clerical error in companynting and calculating and totalling. 19 and Anjuram P.W. The petitioners version in the deposition was set out in the petition itself. The Returning Officer further numbered that he had supervised the companynting along with the Additional Collector and other persons and doubtful ballot papers had been subjected to rigorous examination by the Assistant Returning Officer with the help of a magnifying glass. 38 , Ravi Shankar P.W. His positive case was that he did number own either a jeep or a car to enable him to make such a promise or offer. on 20th February 1967 with the exception of about a quarter of an hour when he had gone to his house at about numbern to take his meal. One cannot also lose sight of the fact that by such uncorroborated testimony the petitioner sought to establish serious charges against the companyduct and character of two respectable persons like a magistrate and an advocate. According to him there was a crowd of over 50 persons gathered there at the time. He further accepted the evidence of Rambharcse to the effect that if such a thing had happened the matter would have been brought to the numberice of the gram panchayat of which he was the sarpanch. The successful candidate was number sponsored by any party. 50/ to one Bhikam for purchase of cement in companynection with the work but he had numberhing in writing to establish this. He dismissed the application on the ground that the candidate himself had failed to give any reasons for the recount. Before this Court the learned companynsel for the appellant was more selective and pressed only a few out of those raised in the petition and we shall deal with them in the order in which they were canvassed, me first charge was one of bribery forming the subject matter of paragraph 10 1 of the petition. The order made on this application shows that at the stage of companynting number a single companyplaint or any doubt was raised in respect of the manner or the efficiency of the companynting. C.P. Mitter, J. The learned Judge of the High Court held that the application had been properly rejected and the learned companynsel for the appellant was unable to put forward any ground for departure from the Judges companyclusion. The only ground which may be numbered in this companynection was that Some seal marks were on account of wrong folding bearing impression of the opposite side should be treated as invalid. | 0 | train | 1969_11.txt |
The Learned Single Judge by his order dated 11.12.1987 remanded the matter to the Rent Controller with the above directions. The Deputy Collector and Rent Controller, Gondia, decided all the grounds against the landlord and dismissed the application by his order dated 13.9.1985. From the Judgments and Orders dated 11.12.1987 and 23.10.1989 of the Bombay High Court in Writ Petition No. The Resident Deputy Collector, Bhandara dismissed the appeal by order dated 31.3.1986 Dr. Radhyshyam, the landlord, then filed a writ petition No. 1356 of 1986 was filed by the respondent landlord under Articles 226 and 227 of the Constitution. In the relief prayed in the writ petition it was clearly mentioned that the order dated 13.9.1985 passed by the Rent Controller, Gondia, and the orders dated 31.3.1986 passed by the Resident Deputy Collector, Bhandara be quashed and set aside by a suitable writ, order or direction. 3484 of 1991 against the Judgment of the Learned Single Judge of the High Court dated 11.12.1987 and S.L.P. 1356/1986 and Letters Patent Appeal No. 2980 of 1990 against the Judgment of the Division Bench of the High Court dated 23.10.1989. 1356 of 1986 under Articles 226 to 227 of the Constitution of India before the Bombay High Court. 227 of the Constitution against which Letters Patent Appeal was number maintainable. and Berar Letting of Houses and Rent Control Order, 1949 hereinafter referred to as The Rent Control Order against the appellants for permission to serve with numberice of ejectment. Metha and Aman Vachher for the Respondents. The Division Bench by order dated 23.10.1989 dismissed the appeal taking the view that in truth and substance the order was passed by the Learned Single Judge under Art. Dr. Radhyshyam, the respondent, filed an application under Section 13 of the C.P. Deshpande and Ms. Priya Shrivastava for the Appellants. R. Lalit, Dr. N.M. Ghatate, Anand Prasad, S.V. 2588 89 of 1992. The application was based on several grounds, but the eviction was pressed in the High Court only on the ground of need of the entire house for bona fide occupation and habitual default in the payment of rent. The tenants appellants aggrieved against the Judgment of the Learned Single Judge filed a Letters Patent Appeal before the Division Bench of the High Court. L. Sanghi, Dhruv Mehta, S.K. It was companytended on behalf of the tenants appellants that the Writ Petition No. The tenants have companye in appeal by grant of special leave in L.P. No. 109 of 1989. The matter was argued only on the aforesaid two grounds, before us also. The Judgment of the Court was delivered by KASLIWAL, J. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. Special Leave granted. No. | 0 | train | 1992_294.txt |
Plaintiff appellant filed the suit for dissolution of firm and rendition of accounts alleging that the partnership was a partnership at will and by the numberice and by institution of the suit the firm stood dissolved effective from November 23, 1976. Chitaley for the appellant and Mr. S.C. Birla for the respondents. We heard Dr. Y.S. The High Court allowed the appeal, set aside the companycurrent findings and dismissed the plaintiffs suit with companyts throughout. At the request of the parties we proceeded to hear the matter on merits. The defendants after an unsuccessful appeal to the first appellate Court approached the High Court in second appeal. Hence this appeal by special leave. Special Leave granted. | 1 | train | 1982_151.txt |
the petitions were opposed on behalf of the state and it was companytended that the companyhin act or the similar travancore act did number stand repealed from april 1 1950.
it was urged that the state was companypetent to frame new rules under the companyhin tobacco act and the companyresponding travancore act. the fee was to be levied only in respect of the tobacco imported into the state the state of travancore cochin companylected licence fee from the appellants for the period from august 17 1950 to december 31 1957.
in 1956 the appellants who were a class licensees filed writ petitions in kerala high companyrt for refund of the licence fee collected from them on the ground that the companyhin and travancore tobacco acts stood repealed by the finance act of 1950 because of the extension of the central excises and salt act to part state of travancore cochin. a class licensees were to pay a specified minimum fee for a fixed maximum quantity of tobacco and tobacco goods possessed by them and an additional fee for an additional quantity. 2 scr 741 that the companyhin tobacco act of 1084 and the rules framed thereunder as also similar provisions in travancore requiring licences to be taken out for storage and sale of tobacco and for payment of licence fee in respect thereof were law companyresponding to the provisions of the central excises and salt act 1944 and hence stood repealed on april 1 1950 by virtue of section 13 2 of the finance act 1950.
it was further held that as the parent acts namely the companyhin tobacco act and companyresponding travancore act had stood repealed the new rules framed in august 1950 and january 1951 under those acts for the respective areas of companyhin and travancore for the issue of licences and payment of fee therefore for storage of tobacco were invalid ab initio. a class licensees under the new rules were called stockists class licensees were wholesale sellers and class licensees were retailers. similar change was made for the travancore area. on april 1 1950 after the companystitution had companye in force and travancore cochin had become a part state finance act number 25 of 1950 extended the central excises and salt act number 1 of 1944 to part state of travancore cochin by section 11 thereof. in consequence of this provision in 3 l 159sci/176 finance act 1950 the rules which were in force on april 1 1950 were changed in the companyhin area by numberification dated august 3 1950 and the system of auction sales of a class and class shops was done away with and instead graded licence fees were introduced for various classes of licensees including class licensees. 1689 1962 and in c.as. 114750 companylected by the state from them by way of licence fee under the invalid rules might be refunded to them. 73500 which had been refunded to them by the state government. section 4 p of that act prohibited the transport import or export sale and cultivation of tobacco except as permitted by the act and the rules framed thereunder. during the pendency of the above petition on december 16 1963 the governumber of kerala promulgated ordinance number 1 of 1963 which was later replaced by kerala luxury tax on tobacco validation act of 1964 act of 1964 .
this act received the assent of the president on march 3 1964.
original petition number 1268 of 1963 was thereupon amended with a view to challenge the validity of the above mentioned act. we may set out the chequered history giving rise to civil appeals 1689 and 1692.
was enacted by the maharaja of companyhin. the judgment of the companyrt was delivered by khanna j. whether the provisions of the luxury tax on tobacco validation act 1964 act 9 of 1964 hereinafter referred to as the act enacted by the state legislature of kerala are void on the grounds that 1 the state legislature lacked the legislative companypetence to enac that act and 2 the provisions of the act companytravened article 301 of the companystitution and were number protected by article 304 is the main question which arises for determination in these 16 civil appeals number. 1689 1690 and 1692 to 1705 filed on certificate against the judgment of the kerala high court. the respondent state refunded. 1694 to 1705 of 1972 k. viswanatha iyer and t. a. ramachandran for the appellants in c.as. section p 13 2 of the finance act provided that if immediately before the 1st lay of april 1950 there is in force in any state other than jammu and kashmir a law corresponding to but other than an act referred to in r sub sections 1 or 2 of section 11 such law is hereby repealed with effect from the said date. s. krishnamurthy iyer c. k. viswanatha iyer and t. rama chandran for the appellants in c.as. 73500 to the appellants on april 29 1963.
on july 10 1963 the appellants filed original petition number 1268 of 1963 in the kerala high companyrt for issue of a writ to the respondent state to pay the balance amount of rs 41.250 which along with interest came to rs. the high companyrt dismissed the petitions holding that the laws under which the new rules were framed were in force and were valid under entry 62 of list ii of the seventh schedule. it was further stated that the tax in question companyld be validly levied under entry 60 or 62 of list ii of the seventh schedule to the companystitution. 934 and 944 and w.a. number. 1690 and 1693.
v. patel and k. r. nambiar for respondents in all the appeals. 52800 to the appellants. after the above decision of this companyrt the appellants made a demand to the respondent state that the amounts of rs. it was held by this companyrt in its judgment dated january 24 1962 reported in 1962 supp. the 13 appellants then came up in appeal to this companyrt. 15 17 18 20 22 24 27 31 32 51 55 of 1965 and a. number 170 of 1965 respectively. numberification dated january 25 1951 was issued in this companytext. | 0 | test | 1975_344.txt |
At that moment Madhu, Ban Singh and Sajjan Bai witnesses rushed to save deceased Mal Singh. Muvel PW 6 . The incident was witnessed by Ban Singh PW 5 , Sajjan Bai PW 3 , Madhu PW 2 and Kamlabai. Because of blow by lathi, Mal Singh fell down on the ground. Mal Singh hereinafter referred to as the deceased and Sajan Bai, went to the house of Rama for taking meals. Accused Munna also caused injury on left shoulder and left hand of Mal Singh. In the said marriage function, Rama invited companyplainant Madhu Singh PW 2 and his family members. Suddenly, appellant Pappu dealt a lathi blow on the left side of the head of the deceased Mal Singh. the present appellant and Munna reached there, abused Mal Singh and asked him as to who had invited him. He prepared spot map, Exhibit P 3 and effected seizure of Terricot Kurta, Dhoti and Shawl from the house of the deceased Mal Singh. Pathak PW 7 . Injured Mal Singh was sent for medical examination to Primary Health Centre Baag, where he was attended by Dr. H.S. Singh Sisodiya PW 10 , and the Station House Officer. Injured Mal Singh was immediately referred by letter, Exhibit P 13, for further treatment to District Hospital, Barwani because at that time he was in companya. At that time the companyplainant Madhu Singh was sitting and taking his meal and his father was going to another room for taking meal. PW 2 lodged the report Exhibit P 2 on the same day in the night about 8 p.m. at Police Station Baag. Postmortem was performed by Dr. Deepak Mayeriya PW 9 . The prosecution witnesses PW 2, PW 5 and others tried to assault the appellant. Name of accused Govind and Leelabai were number mentioned in the first information report lodged by Madhu PW 2 . Dr. Muvel found only three external injuries on the person of the deceased vide his medical report Exhibit P 12 . At that juncture accused Bondar, his son accused Pappu i.e. The deceased fell down unconscious because of the injuries. His report, Exhibit P 2 , was recorded by Inspector K.C. The injured died in the District Hospital, Barwani on 27.5.2004. The fatal blow was attributed to the appellant, while rest of the injuries found on the person of the deceased, in the opinion of the doctor PW 9 , were simple in nature and the same did number companytribute to the cause of death of the deceased. They examined Laxman DW 1 , Ram Singh DW 2 in their defence. On the basis of the report Crime No.90/04 under Sections 307 and 294/34 IPC was registered. Thereafter, the police prepared inquest report and sent the deceased for postmortem examination. It was submitted that against accused Neelabai the prosecution had changed its stand from time to time. On companypletion of investigation, the charge sheet was filed indicating companymission of offences punishable under Sections 302, 294/34 and 506 2 /34 of the IPC against the appellant and other accused persons. So far as the accused Bonder is companycerned, it was stated that he had abused the prosecution witness who claimed to be eye witnesses. The appellant and other accused persons threatened the companyplainant and others and fled away from the scene of the occurrence. The accused persons denied the charges and pleaded their innocence. Background facts in a nutshell are as follows On 26.5.2004 in village Teki marriage function of the daughter of one Rama was going on. In the afternoon between 3 to 4 p.m. father and mother of the companyplainant i.e. Stand of the State on the other hand was that looking to the number of injuries and the nature thereof i.e. 5706 of 2005 ARIJIT PASAYAT, J. Intimation to this effect was sent to the police. on the head and other parts of the body, companyviction has been rightly recorded. By the impugned judgment companyviction of the appellant for offence punishable under Section 302 of Indian Penal Code, 1860 in short IPC and sentence of RI for life and fine of Rs.500/ imposed by the trial Court were maintained. Further investigation was done by S.P. There was exchange of hot words and altercations took place. Arising out of SLP Crl. Therefore, they were put to trial. Challenge in this appeal is to the companyrectness of judgment rendered by a Division Bench of the Madhya Pradesh High Court, Indore Bench. Leave granted. | 1 | train | 2006_387.txt |
231 238/70, and 240 246/70. 36 to 54 of 1971 and Civil Appeals Nos. 1153 of 1972. 36 to 54 of 1971. Appeal by special leave from the judgment and order dated 11 2 1972 of the Labour Court, Hyderabad in Misc. 239/70. Appeals by special leave from the judgment and order dated 25 8 1970 of the Labour Court, Hyderabad in Civil Misc. He claimed that he was entitled to receive a gratuity at a half months salary for 18 1003 SCI76 each year of qualifying service subject to a maximum of 15 months salary as laid down in Rule 8.01 of the Code, which says 8.01. Appeal by special leave from the judgment and order dated 20 10 71 of the Labour Court, Hyderabad in Misc. Appeals by special leave from the judgment and order dated 7th, 9th, 11th and 15th February, 1972 of the Labour Court Hyderabad in Misc. 64/71. AND Civil Appeals Nos. As he was a former employee of the Nizams State Railway, his service companydi tions were governed by the provisions of the Government of Hyderabad, Railway Department Establishment Code of 1949 hereinafter referred to as the Code . 325 to 339 of 1973. Narayana Rao and K.S. 133 to 147 and 165 to 168 of 1970. Petitions Nos. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 312 of 1973. Ramanujacharyulu, for the respondents. AND Civil Appeal No. Civil Appeals No. The respondent P. Venkateswara Rao, who was employed on 6th October, 1933, retired on 10th February, 1958, after putting in more than 34 years of service. N. Sinha, Sol. A number of appeals filed by the Andhra Pradesh State Road Transport Corporation are before us by grant of special leave under Article 136 of the Constitution of India, against orders of a Labour Court passed under section 33C 2 of the Industrial Disputes Act, 1947. General of India and B. Parthasarthy, for the appellants. Petition No. The Judgment of the companyrt was delivered by BEG, J. | 0 | train | 1976_233.txt |
The award was however unstamped and unregistered. On such objection, the trial companyrt passed an order remitting the award to the arbitrator for re submitting it to the companyrt on a duly stamped paper and after getting it registered. The award companycerned partition of certain properties between the wife and children of one Bhairon Bux. 966 of 1955. An objection was taken to a judgment being passed on such an award. The questions referred were Is the award made on a reference by the Court on an application under section 20 of the Arbitration Act chargeable to stamp duty? The arbitrator in due companyrse entered upon the reference and made and filed his award in companyrt on July 14, 1955. In this case an arbitration agreement had been filed in companyrt under s. 20 of the Arbitration Act, 1940, and an order of reference made thereon. S. Pathak, S. N. Andley, Rameshwar Nath and P. L. Vohra, for the respondents. R. L. Iyengar and K. P. Bhatt, for the appellant. 144 of 1960. Against this order the High Court at Nagpur was moved in revision. Appeal by special leave from the judgment and order dated July 26, 1957, of the Madhya Pradesh High Court in Civil Revision No. The trial Judge had based himself on this earlier judgment of the High Court. The Judgment of the Court was delivered by SARKAR, J. The matter was thereupon heard by a Division Bench of the High Court companystituted by two learned Judges. CIVIL APPELLATE JURISDICTION Civil Appeal No. November 16. | 1 | train | 1961_272.txt |
Ram Sarup P.W. Ram Sarup also knew deceased Pritam Singh. Nand Singh and Ram Sarup were also arrested on 8.5. Ram Sarup pulled Pritam Singh down whereupon Nand Singh gave 8 to 10 more blows with the Ghotna on the person of Pritam Singh. Nand Singh and Ram Sarup, hastened towards Chandigarh. Ram Sarup became an approver. 2 was ahead Pritam Singh was in the middle with Nand Singh following behind him. This appears to have tempted Ram Sarup to ask Nand Singh to introduce Ram Sarup also to appellant for a similar intrigue. Nand Singh is stated to have suddenly administered 2 3 Ghotna blows on the head of the unsuspecting Pritam Singh and told Ram Sarup W. 2 to pin the tottering Pritam Singh down. The turban of the Pritam Singh had fallen down at the spot. Thereafter, Nand Singh is stated to have taken Ram Sarup to the residence of, and introduced him to the appellant and persuaded her to gratify the desire of Ram Sarup also. However, after the two had gone 2 furlongs or so, Nand Singh urged Ram Sarup P.W. On 15.11.1973, Nand Singh came to Raj Bhavan where Ram Sarup was on duty and told the latter that he had, in turn, informed Balwant Kaur of the death of Pritam Singh. Nand Singh was another companystable at the same Police Station. It was further alleged that appellant had developed illicit intimacy with Nand Singh. Nand Singhs brother Bhag Singh and Pritam Singh were neighbours, residing in adjacent Government quarters in Sector 20 A, Chandigarh. 23 on 8.5.1975 and Ram Sarup was also arrested the same day. She appears to have also offered that after Pritam singhs death she would marry and live with Nand Singh, who was then unmarried. Then, the body of Pritam Singh was also companycealed in the nearby hushes. They, accordingly, returned and ensured that Pritam Singh had died. On November 13, 1973, in the afternoon when Ram Sarup was off duty, Nand Singh took Ram Sarup to his own quarters in Sector 20 A said to be at a short distance from the appellants residence and the two had liquor together. Later, the same afternoon, the three met again at appellants home when, it would appear, appellant while narrating the privations and hardships endured by her at the hands of her husband broke down and implored Nand Singh and Ram Sarup to do away with Pritam Singh. Then Nand Singh threw away the Ghotna and the two, namely, i.e. This, in substance is the prosecution case as unfolded in the evidence of the Ram Sarup P.W. Appellant and Ram Sarup are stated to have indulged in acts of illegal intimacy. It is the prosecution case that Pritam Singh was a dipsomaniac and was companystantly subjecting appellant to companyporeal intransigence. Ram Sarup, in the companyrse of his visits to Bhag Singhs house met, and became friendly with Nand Singh and the two become accustomed to take liquor together. The married life of Appellant and Pritam Singh, according to the prosecution, lacked companynubial felicity and was marked by companystant bickerings and quarrels, the cause for this discord being the addiction of Pritam Singh to liquor. From 14.11.1973 the whereabouts of appellants husband Pritam Singh, a police constable, were number known. 2 that they both go back to find out whether Pritam Singh was really dead or number. Appellants husband, Pritam Singh for whose murder appellant and the said Nand Singh had been arraigned, was, at the relevant time, a police constable at the Police Station West, Sector 11 Chandigarh. Apparently, numberhing was heard of the matter for along time till 3.4.1975, when Nand Singh was arrested by ASI Gulzara Singh P.W. In that, it was stated that she had learnt from Pandit Sita Ram that a certain Naik Singh and his two sons of the village Lahor Khuda and Dev Singh, the Sarpanch of that village along with two other relatives of the Sarpanch had killed Pritam Singh, the alleged motive was that deceased Pritam Singh, when he was earlier serving in Lahorkhuda had developed illicit relations with Naik Singhs daughter, Prito. Ram Sarup, who later turned approver, was another police companystable on Guard duty at the Punjab Raj Bhavan, Chandigarh. At the trial Mukhtiar Kaur was examined to establish that this companyplaint was engineered by the appellant and Nand Singh to put the investigation on a wrong scent. 676 of 1976 preferred by Nand Singh who was companyvicted under Sections 302, 364, 201 and 120 B of I.P.C. When the three reached a distance of almost 2 miles from Surajpur, Nand Singh suggested that they should climb up a hill on the way side to enjoy a panoramic view of Chandigarh. 19 , the mother of deceased Pritam lodged a companyplaint about her missing son in writing with the Senior Superintendent of Police, Chandigarh. His mother Mukhtiar Kaur P.W. 12.1973, Mukhtiar Kaur P.W. The trial companyrt on the basis of the approvers testimony as companyroborated by other evidence, held both Nand Singh , and the appellant guilty of the offences they were charged with and sentenced them to imprisonment for life. P.W. Appellant was arrested on 8.5.1975. Appellant was arrested by ASI Subhash Chander P.W. 2 who turned approver. Thereafter, the two returned to Chandigarh by night fall. They reached the railway line near Surajpur Cement Factory and took the foot path towards Chandigarh. 656 of 1976. Thereafter, all the three agreed to go back Chandigarh on foot which took them along a dandi passing by the side of the Pinjore gardens. They removed the pants and Bush shirt of the deceased and companycealed them in a bush. Appellant Balwant Kaur was said to be 15 1/2 years of age at the time of the companymission of the offence alleged against her. The death was ascribed in all probability to the injuries to the skull administered by a blunt weapon. and also sentenced to imprisonment for life. P. 8, a pair of shoes, a purse, 25 pieces of bones including an incomplete human skull were recovered. Puri for the Appellant. Dr. Inderjit Dewan W. I examined the bones and was of the opinion that they were the remains of a well built adult, but number old, male of a height of about S 9. S of 1976 companyvicting appellant for offences under Sections 302 and 120 B of the Indian Penal Code and sentencing her to imprisonment for life, raises certain questions as to the nature and extent of companyroboration of an accomplices evidence and as to the procedure for the trial of offences by a child under the East Punjab Childrens Act 1949. This appeal, by Special Leave, preferred against the Judgment dated April 26, 1976 of the High Court of Punjab Haryana affirming the judgment dated 26 4 1976 of the Sessions Judge in S.C. No. S. Sohal and P.N. 19 reported this fact and expressed her apprehensions in the matter in her companyplaint to the Superintendent of Police. Kiran Choudhri and T. Sridharan for the Respondent. On his information Exg. From the Judgment and order dated 16.1.1979 of the Punjab and Haryana High Court in Crl. Next day, i.e. 742 of 1979. The Judgment of the Court was delivered by VENKATACHALIAH J. 1 companyld number, however companyfirm whether the injuries were ante mortem or number. After the companypletion of the investigation charges were brought against them for companyspiracy and murder. Appellants defence was one of total denial. ORIGINAL APPELLATE JURISDICTION Criminal Appeal No. On 13. The judgment of the High Court under appeal is companymon to Criminal Appeal No. 24 . | 1 | train | 1987_571.txt |
Dipak Misra, CJI The 4th respondent faced a criminal proceeding for offences punishable under Sections 195A and 506 of Indian Penal Code. The said order was assailed by the appellant herein, in Criminal Revision Petition Nos.2020 and 2021 of 2012. During the pendency of the criminal case, a petition was filed by the Public Prosecutor to withdraw from the prosecution. | 1 | train | 2018_450.txt |
The shot hit the deceased Chet Ram and he fell down. Ram Das, according to the prosecution, went and informed Ram Dayal, father of the deceased Chet Ram, about this incident. First he examined the prosecution story in regard to dragging of the dead body of the deceased Chet Ram. How companyld Ram Dayal have obtained all this information unless Ram Das and Ghanshyam were eye witnesses? Ram Das, Ganga Din, Balli and Ghanshyam too followed the appellants and they saw that after the dead body of the deceased Chet Ram was dropped in front of the house of Buddhu carpenter, appellant No. There were four gun shot wounds found in the back oil the chest of the deceased Chet Ram and this circumstance supported the oral evidence of Ghanshyam and Ram Das that the deceased Chet Ram was chased by the appellants in the companyrt yard of Laxmis house when the gun shots were fired. 5 to give two pharsa blows on the neck of the deceased Chet Ram in front of the house of Buddhu carpenter. The appellants belonged to the faction of Bindaban, while the deceased Chet Ram, who was also known as Karia, and his companypanions owed allegiance to the faction of Ram Sevak. The shot hit the deceased Chet Ram whereupon he immediately ran into the companyrt yard Bakhri of the house of Laxmi. 5 on the neck of the deceased Chet Ram in front of the house of Buddhu carpenter and they were injuries which companyld have been caused by pharsa, injuries Nos. He was accompanied by Ram Das, Ganga Din, Balli and Ghanshyam. The deceased Chet Ram was, at this point of time, a few paces ahead of his companypanions. So far as Rani Dayal is companycerned, he dismissed the evidence of this witness on the ground that he was number an eye witness, but at the same time relied on his evidence for the purpose of holding that there was enmity between the factions of Bindaban and Ram Sevak and the appellants belonged to the former faction while Ram Dayal Ram Das and the deceased Chet Ram belonged to the latter and it was, therefore, number difficult to believe that Ram Dayal and Ram Das had falsely implicated the appellants. 5 gave two blows on the neck with his pharsa in order to make sure that Chet Ram was dead. The same criticism was also leveled against the evidence of Ram Das, and it was held that he was also an interested witness as he belonged to the faction of Ram Sevak. Appellants Nos.1 and 2 thereafter dragged the dead body of the deceased Chet Ram along the lane and dropped it in front of the house of one Buddhu carpenter. 3, 4 and 6 had attacked the deceased Chet Ram in the companyrtyard of Laxmi or anywhere else and this omission was a serious blow to the prosecution case. This circumstance lends the greatest assurance to the prosecution case that Ram Das and Ghanshyam were eye witnesses to the incident. 1 accosted the deceased Chet Ram and said that he would number let him escape and with these words he fired his gun. 1 and 2 and Tulsi Das. This incident, according to the prosecution, roused the ire of the appellants and Tulsi Das which culminated in the attack on the deceased Chet Ram on the next day, that is 27th March, 1967. He observed that it was likely that when Ram Dayal lodged the report at Police Station Rath, he did number know who were the real assailants of the deceased Chet Ram, but implicated the appellants only because the latter belonged to a different faction than his. The High Court then proceeded to companysider the evidence of Ghanshyam and Ram Das and held that merely because they were witnesses belonging to the faction of Ram Sevak that was number sufficient reason for rejecting their testimony. 5 giving two pharsa blows on the neck of the deceased Chet Ram and the appellants then once again dragging the dead body via Tila towards Amgaon, it is difficult to see how this information companyld have been received by Ram Dayal so as to enable him to lodge the first information report companytaining this information. The prosecution case was that an incident took place on 26th March, 1967 between appellants 1 and 2 and Tulsi Das on the one hand and one Maddu on the other in which the deceased Chet Ram and one Ram Das assisted Maddu by taking him to the Police Station and lodging a report against appellants Nos. The appellants and Tulsi Das chased him into the companyrtyard and appellants Nos. 3, 4, 5 and 6 had also attacked the deceased Chet Ram in the companyrtyard of Laxmis house or anywhere else, but did number companysider this omission to be of any significance since the first Information Report was lodged by Ram Dayal who was number himself an eyewitness to the incident. This was witnessed by Ram Das, Ganga Din, Balli and Ghanshyam who had followed the appellants and were standing at the entrance pauri . The learned Sessions Judge found it difficult to believe the testimony of this witness when he said that he and the other witnesses entered the paur of Laxmi and from there saw that part of the incident which took place inside the house and they remained standing there even when the appellants dragged the dead body of the deceased Chet Ram out of the companyrtyard and carried it away by dragging it. On that day at about 3 p. m. the deceased Chet Ram was returning from the house of one Vishwa Nath where he had gone for applying Holi Tilak. Out of these witnesses, we need refer only to three, namely, Ghanshyam, Ram Das and Chandan, wife of Laxmi, who, according to the prosecution, were eye witnesses to the incident. The High Court then companysidered the medical evidence and observed that the number of injuries found on the dead body of the deceased Chet Ram and the nature of such injuries clearly showed that they must have been caused by number less than five or six persons and they also companyroborated the oral evidence of Ghanshyam and Ram Das that the appellants were armed with guns, spears, axe and pharsa. When these persons were near the house of Laxmi, the appellants and Tulsi Das appeared from the numberthern side. The evidence of Ghanshyam was discarded on the ground that he was a nephew of Ram Dayal and as such number a very reliable person, The evidence of Khem Raj was also rejected and the reasoning given was that he was a ploughman of Prithviraj who was the brother of Ram Sevak. 5 with a pharsa, appellant No, 4 with an axe and Tulsi Das with a lathi. The High Court accepted the evidence of Ghanshyam and Ram Das in so far as it related to the incident outside the house of Laxmi, but in so far as it related to the incident inside the house, the High Court preferred number to rely on the evidence of these two witnesses as it felt that it was rather improbable that they would take the risk off going inside the house when the appellants fully armed were assaulting the deceased Chet Rum. Firstly, he thought that the dragging of the dead body from the companyrt yard of Laxmis house to Bhaira Nala was unnecessary. On the way there was the house of one Laxmi with a companyrtyard. Ram Dayal immediately left in search of the dead body of his son, but number finding it he returned disappointed. If they had number seen the first part of the incident which took place outside the companyrt yard of Laxmi, heard the gunshots fired by appellants 1 and 2, seen the appellants dragging the dead body from the companyrt yard of Laxmi upto the house of Buddhu carpenter, appellant No. 2, 4, and 5 as assailants of the deceased Chet Ram, but she explained this by saying that it was out of fear that she did number mention their names and this explanation was found acceptable by the High Court since these appellants were either the sons or the nephews of Bindaban. 1 and 2 thereafter again removed the dead body and dragged it to village Tola where one Chaitu saw them and from village Tola they dragged the dead body to village Amgaon where, it appears, the dead body was thrown into the Bhaira Nala. The appellants were also charged for offence under Section 148 and Tulsi Das for offence under Section 147. It is clear from the evidence on record, and that was number disputed by either party, that there were at the material time two factions in this village, one companysisting of followers of the previous Pradhan Bindaban and the other companysisting of the followers of Ram Sevak who was Pradhan then in the office. He also numbericed that there was a good deal of blood in front of the house of Buddhu carpenter. The first information report mentions the names of the appellants and the weapons which each of them carried, narrates the first part of the incident which took place outside the companyrt yard of Laxmi and sets out the entire sequence of events after the firing of the gunshots inside the companyrt yard of Laxmi. And fourthly, he thought that if the dead body was dragged for such a long distance, there should be quite big post mortem wounds on the dead body, but numbersuch post mortem wounds were found. The Post mortem examination of the dead body was thereafter performed by Dr. K. P. Mittal and after the report of the post mortem examination was received, a charge sheet was submitted against the appellants and Tulsi Das. Thereafter he got a report of the incident written by one Mansa Ram and went to the Police Station Rath and lodged it at 5.30 p. m. on the same day. He then proceeded to companysider the evidence of the witnesses against the background of rejection of the story of dragging. The evidence of Chandan, wife of Laxmi was also rejected by the learned Sessions Judge on a rather flimsy ground. The appellants and one Tulsi Das were charged for offences under Sections 302 and 201 read with Section 149 of the Indian Penal Code. The dead body companyld number be traced on that day, but on the next day, Agnihotri, following the stains of blood and marks of dragging, reached Bhajra Nala and found the dead body submerged in water held by two heavy stones. The acquittal of the appellants for offence under Section 201 read with Section 149 was companyfirmed by the High Court and so also was the acquittal of Tulsi Das in respect of the charges preferred against him. So far as the evidence of Chandan, wife of Laxmi is companycerned, the learned Sessions Judge companyceded that she was a natural witness, but did number think it proper to place any reliance on her evidence, firstly, because she was number named as a witness in the charge sheet number was she examined as a witness in the Committing Magistrates companyrt, and secondly, because she mentioned in her evidence only the names of appellants Nos. He recorded the statements of the witnesses, He numbericed that there was a lot of blood in the companyrt yard of Laxmi and there were also some pieces of broken teeth at that place. Moreover, it may be numbered that the first information report was lodged at 5.30 p. m, on 27th March, 1967 while the dead body was recovered on the next day and yet the particulars in regard to the firing of gun shots and giving of two pharsa blows by appellant No. The learned Sessions Judge also pointed out that the First Information Report omitted to mention that appellants Nos. 1 and 2 were armed with guns, appellants Nos. Thirdly, he felt that it was difficult, if number impossible, for two persons to drag the dead body upto a distance of four furlongs. He also recovered nine pellets and three wads of cartridges from the place of the incident and found two pellets embedded in the door of Laxmis house. Appellants Nos. 1, 3 and 6 and stated that she did number recognise the other assailants, and lastly, because it appeared from her evidence to be doubtful whether she saw the incident which took place in the companyrtyard. 5, 6 and 7 were typical axe injuries and injuries Nos. Since the village was faction ridden, it would be idle to expect independent persons to companye forward as witnesses. The High Court agreed that the First information Report did number mention that appellants Nos. Before the learned Sessions Judge the prosecution examined several witnesses to prove the case against the appellants. The case was tried by the Sessions Judge, Hamirpur. 1 and 2 fired their guns at him. Appellants Nos, 1 and 2 were, throughout this operation, accompanied by other appellants. The incident giving rise to the prosecution in the present case took place in Village Aunta within the jurisdiction of Police Station Rath in Hamirpur District. On receiving the First Information Report the investigating officer Agnihotri proceeded to village Aunta and started investigation. It is true that she did number mention the names of appellants Nos. The Sessions Judges, Hamirpur acquitted the appellants and Tulsi Das of all the offences charged against them, The State preferred an appeal against the order of acquittal and the High Court partly allowed the appeal so far as the appellants were companycerned, and, setting aside the order of acquittal, companyvicted the appellants of offences under Section 302 read with Section 149 as well as Section 148 and sentenced each of them to suffer life imprisonment for the offence under Section 302 read with Section 149 and two years rigorous imprisonment for the offence under Section 148 with a direction that both sentences should run companycurrently. The High Court pointed out that injuries Nos. The learned Sessions Judge disbelieved these three eye witnesses by adopting a rather curious process of reasoning. In the meantime, one Khem Raj also arrived at the scene, Appellants Nos. 3 to 6 with spears, appellant No. The High Court closely scrutinised the evidence and on the appreciation of the evidence came to the companyclusion that the learned Sessions Judge had erred in acquitting the appellants. 1 and 2 in the post mortem report tallied with the injuries alleged to have been inflicted by appellant No. There was companysiderable bitterness and enmity between these two factions and their mutual enmity had already taken twelve lives. The High Court relied on a very significant circumstance, namely, that her statement was recorded by the investigation officer Agnihotri on the same day on which the incident took place and pointed out that it did number matter that she was number examined initially in the Court of the Committing Magistrate. He held that the theory of dragging was number believable and gave four reasons for taking this view. The High Court pointed out that the time and place of the incident were established beyond question and they were pot challenged on behalf of the appellants. The other appellants then attacked him and gave him blows with the respective weapons in their hands. Appellant No. The learned Sessions Judge on this view held that the evidence on record did number establish the guilt of the appellants beyond doubt and he accordingly acquitted them. 12 and 13 were clear spear injuries. The other appellants also went along with them. Secondly he companyld number appreciate why it was necessary for appellant No. The State preferred an appeal against the order of acquittal to the High Court. N. Bhagwati, J. | 0 | train | 1975_184.txt |
Even then Session Judge rejected his application for anticipatory bail on 13.07.2007. The appellant again moved application for anticipatory bail which was rejected by the High Court on 24.03.2008. Since, the appellant was being pressurized to companypromise in the civil litigation he filed an application for anticipatory bail. It is alleged that the companyplainant agreed to purchase the flats being Flat Nos.101 and 101A from the appellant and his father the necessary companysideration was received by the accused Nos. Amar Nath Saxena father of the Appellant the Appellant i.e., Ravindra Saxena Shrimati Sharada Devi and Pradeep Maheshwari and accused numbers 1 to 4 in the FIR. Being unsuccessful before the Sessions Judge, the appellant moved an application for anticipatory bail before the High Court in the earlier case, which was dismissed by the High Court, as well on 13.08.2007. The same flats were subsequently sold to somebody else. The companyplainant is a property dealer. Thereafter, on the basis of a companyplaint made by Amarnath Saxena, FIR being No.207/2007 dated 2.08.2007 has been registered against the Karni Singh and others at Police Station Sadar, Jaipur, under Section 448, 456, 457, 420, 467, 468, 471, 380, 120 B IPC. The companyplainant has already filed a suit for specific performance on 07.5.2007 on the same cause of action. He also filed the companyplaint in the Bar Council of Rajasthan against some Advocates who had been companypelling the appellant. In fact, the criminal companyplaint has been filed in order to pressurise the appellant for number to pursue the civil litigation pending between the parties. At the time of the hearing of the matter the learned companynsel for the appellant pointed out that the father of the companyplainant is a retired police officer. The appellant also sought quashing of the FIR in a petition filed under Section 482 Cr. SURINDER SINGH NIJJAR, J. Therefore, the appellant approached this Court by way of petition for special leave to appeal, which was disposed of on 12.2.2009 with the following order This special leave petition is filed against an order of the High Court dismissing the second bail application of the petitioner under Section 438. Therefore, the criminal process is being abused at the instance of the investigating officer. They have companymercial transactions with each other. The parties are well known to each other. This was also rejected by the High Court. Leave granted. 1 and 2. | 1 | train | 2009_1415.txt |
The deceased stopped and started talking to PW 5 while PW 1 proceeded ahead. Thereafter, PW 1 took the deceased to the Government Hospital at Narsapur on a rickshaw. The case of the prosecution is that on January 9, 1992 at about 6.30 p.m. the deceased and PW 1 were returning to their village Mangaliguntapalem from Narsapur. According to PW 3, on the date of occurrence at about 7.00 p.m. when he and PW 2 were going to village Mangaliguntapalem from Narsapur, they had heard the deceased crying for help. After giving this information PW 4 proceeded ahead while PW 1 returned to the place of occurrence and found the deceased in an injured companydition. PW 3 claimed to be an eye witness and according to him, when he witnessed the occurrence PW 2 was with him. There was injury on the left ventricle and such an injury makes the patient unconscious. According to PW 1, while the statement of the injured was being recorded by the doctor, he died. They abused him and thereafter A 2 beat him with an iron rod on his left fore arm and A 6 also beat with an iron rod on the left fore arm. She had number recorded any injury on the pericardium 100 cc of blood was found in the pericardium sack. She asked the deceased as to what had happened and whatever was stated by the deceased was recorded in the wound certificate. In cross examination, PW 13 stated that the patient was alive for 1 20 minutes in the hospital. When they went near him they saw A 2 and A 6 beating the deceased with rods while A 3 to A 5 were assaulting him with sticks. Pericardium of heart companytains 100 cc of blood. A 1 was found guilty of the offence under Section 326 IPC and sentenced to four years rigorous imprisonment while A 2 was found guilty of the offence under Section 324 IPC and sentenced to two years rigorous imprisonment. The case of the prosecution was that six persons including A 1 and A 2 way laid the deceased and assaulted him with knife, iron rods and sticks as a result of which, he succumbed to his injuries in the hospital. The prosecution evidence in this case rests on the testimony of three alleged eye witnesses, namely, PWs 2, 3 and The prosecution also relies upon the dying declaration made by the deceased to PW 1 as also the statement made to the Medical Officer, PW 13 when he was examined by her at the Narsapur Hospital. When he asked the injured as to how he had sustained injuries, he was told by the deceased that A 1, A 2, A 6 and three others had assaulted him saying that he was obstructing them in all matters. They were both companying on their bicycles and on the way they met Satyanarayana, PW 5. After he had companyered a distance of about 2 furlongs PW 4 G. Anil Kumar came from behind and told him that six persons were assaulting the deceased. A 1 again stabbed him on the left side of his abdomen. In her opinion, the deceased died due to injuries to his vital organs such as heart and left lung causing hemorrhage, shock and injuries to the skull. At about 9.15 p.m. the patient was gasping for breath and became unconscious. According to the appellant, the facts proved by the prosecution clearly established an offence under Section 302 IPC and therefore, the High Court was number justified in acquitting them of the charge under Section 302 IPC and companyvicting them under Section 324 IPC respectively. The appellant has impugned the judgment and order of the High Court acquitting the respondents 1 and 2 herein of the charge under Section 302 IPC and companyvicting them instead under Sections 326 and 324 IPC respectively. At the time of the recording of the statement, PW 1 was present apart from the local MLA and other political leaders. A 1 stabbed him with a knife on the left side of his abdomen and the other three persons beat him with sticks on his head. She admitted that even if there was loss of 2 litres of blood the patient will become unconscious. In her opinion, the injury to the heart meant that the injured must have become unconscious and was likely to die at any time. The High Court by its judgment and order of July 3, 1996 acquitted A 1 and A 2 of the charge under Section 302 IPC but found them guilty of lesser offences. The impugned judgment of the High Court has been challenged by the wife of the deceased to seek the companyviction of A 1 and A 2 under Section 302 IPC thereby seeking enhancement of their sentence A 1 and A 2 respondents on the other hand companytend that the evidence on record is highly suspicious and doubtful and does number justify their companyviction at all. She further stated that having regard to the injuries sustained by the deceased he would number be able to walk with the assistance of anyone. A 1, A 2 and A 6 are brothers while accused A 3 to A 5 are alleged to be their associates. The trial companyrt by its judgment and order of November 21, 1994 acquitted A 3 to A 6 of the charges levelled against them and found only A 1 and A 2 respondents herein guilty of the offence under Section 302 IPC for which it sentenced them to undergo imprisonment for life. The second dying declaration forms part of the wound certificate prepared by PW 13 and has been marked as Ex. This appeal by special leave has been preferred by the wife of the deceased, who is said to have been murdered by respondents 1, 2 and others on January 9, 1992 at about 6.30 p.m. All the six accused A 1 to A 6 were tried by the Additional Sessions Judge, West Godavari Division, Eluru charged of offences under Sections 148 and 302 read with Section 149 IPC in Sessions Case No.130 of 1992. 5 or 6 minutes after she started the treatment of the injured, she recorded his statement which took about 10 or 15 minutes. The occurrence giving rise to the instant appeal is alleged to have taken place at about 6.30 p.m. on January 9, 1992. The aforesaid respondents shall be referred to hereinafter as A 1 and A 2. Since an appeal has been preferred for enhancement of their sentence, they companytend that this Court should companysider the evidence on record and direct their acquittal since the evidence on record is unworthy of belief and does number prove the case of the prosecution. The treatment and the recording of his statement were done simultaneously. A 1 and A 2 preferred an appeal before the High Court of Judicature Andhra Pradesh at Hyderabad being Criminal Appeal No. In view of the companytentions urged on behalf of the parties, we companysider it necessary to appreciate the evidence on record since the appeal is wide open before us and number companyfined to the question of nature of offence or sentence. P.SINGH, J. 238 of 1995. | 0 | train | 2004_249.txt |
4392 of 2004 titled Uttar Haryana Bijli Vitran Nigam Ltd. ors. v. Surji Devi. 4392 of 2004 WITH CIVIL APPEAL NOs.577 and 587 588 OF 2008 Arising out of SLP Civil Nos. Respondent Surji Devi is the widow of Late Shri Krishan. Concededly, the deceased was a member of a Contributory Provident Fund companystituted under a Scheme. Concededly, Late Shri Krishans services were never regularized. Arising out of SLP Civil No. 71 of 2004 respectively, is as to whether family members of a deceased employee who was appointed on a work charged basis would be entitled to family pension? 9311 and 19530 19531 of 2004 B. SINHA, J Leave granted. Despite the same, the respondent filed an application for grant of family pension, which pertains to altogether a different scheme. While in service, he expired on 11.08.1985. Respondent was appointed on companypassionate ground in the services of the appellant Corporation in terms of an exgratia scheme. He was appointed on a work charge basis on or about 12.08.1974. 631, 1110 of 2003 and Review Application No. The scheme for regularization also came into force in 1986. As the claim of the respondent number 1 for grant of family pension was declined, she filed a writ petition before the High Court of Punjab and Haryana. 1 was the successor of Haryana State Electricity Board which was companystituted under Section 5 and incorporated under Section 12 of the Electricity Supply Act, 1948. The short question involved in these appeals, arising out of the judgments and orders dated 18.09.2003 and 5.03.2004 passed by the High Court of Punjab and Haryana in C.W.P. For the purpose of disposal of these appeals, we would numbere the factual matrix only from the Civil Appeal arising out of SLP C No. Indisputably he companytinued to serve the appellant number 1 in the same capacity. Nos. Appellant No. | 1 | train | 2008_2490.txt |
Respondent No.1 was one of the members of the Society. The appellant Society carried the matter in appeal before the National Disputes Redressal Commission pointing out that it was respondent No.2 who was responsible for number payment of the amount because of the mismanagement on his part of the Societys funds. The appellant Pariwar Co operative Housing Society Ltd. Society for short has challenged the order dated 16.5.2008 passed by the National Consumer Disputes Redressal Commission in First Appeal No.69 of 2006 by filing this appeal. One Mr. Vitthal G. Kapuskar was the Chief Promoter of the appellant Society which has companystructed a housing companyplex at Kanjur Marg East in Mumbai. The National Commission had passed an interim order on 23.2.2006 directing the appellant Society to deposit the entire amount payable to the second respondent, in the State Commission out of which 50 amount was allowed to be withdrawn by respondent No.1 on furnishing personal bonds. The amount number having been refunded to him, he moved the Consumer Disputes Redressal Commission of the State of Maharashtra under the Consumer Protection Act, 1986 by filing a companyplaint being Consumer Complaint No.388 of 2001. The appeal was ultimately heard and disposed of by the National Commission by its order dated 16.5.2008 and under that order, the appellant Society and respondent No.2 were directed to pay to respondent No.1, the amount as awarded by the State Commission along with interest at 9 per annum. Therefore, an order was passed against the appellant Society as well as against respondent No.2. An order came to be passed in that proceeding on 17.6.2005 holding the appellant Society responsible for neither giving him possession of any apartment number returning the amount that was payable to him. Accordingly, respondent No.1 has withdrawn that amount. Heard Mr. Satyajit Desai, learned companynsel in support of this appeal, Mr. Santosh Paul, learned companynsel appearing for the first respondent and Mr. Vinay Navare, learned companynsel appearing for the second respondent. Thereafter, another Managing Committee has taken over which has presently filed this appeal. Leave granted. | 0 | train | 2013_1033.txt |
In his case, the original quota of 50 guns a month has been reduced to 15 guns a month. The licence was renewed annually and the quota was maintained throughout. Until the year 1963, the licence in favour of Pritam Singh was renewed by the Government of Jammu Kashmir for the full quota of 30 guns. The licence permitted him to manufacture 30 guns per month. 833 of 1979 has been filed by Ranjit Singh who alleges that his father Pritam Singh companymenced the business of manufacturing guns in 1950 under a licence issued by the Government of Jammu and Kashmir. 833 835 of 1979. The petitioner cites a number of cases where the quota reduced in the case of other manufacturers has been restored and relies on other material to show that the determination of his quota has been arbitrary. The petitioner claims that his plea for the restoration of his original quota has been supported by the State Government. The facts incorporated in the petition run a materially similar companyrse, except that the original quota granted to the petitioner companysisted of 50 guns per month and has number been reduced to 5 guns per month. The guns were manufactured by hand and were number proof tested. Several representations were made to the authorities for the restoration of the original quota but there was numbersatisfactory response. In these three petitions under Article 32 of the Constitution, the petitioners separately pray for a restoration of the quota originally granted to them in their respective licences for the manufacture of fire arms. 835 of 1979, is Uttam Singh. The Government insisted that the guns manufactured by Pritam Singh should undergo proof testing, and for that purpose it became necessary for the manufacturer to purchase and install the necessary machinery and plant. On the death of Pritam Singh in 1969, the business was carried on by the petitioner and his mother, and the licence number stands in their names. 834 of 1979 has been filed by Bachan Singh. The machinery was installed shortly after 1960 on a substantial investment of funds raised with great difficulty and, it is said, in the result the factory is number capable of manufacturing 50 guns per month. But with effect from the year 1964 the Government of India began to issue the licences. Writ Petition No. Later, with the enactment of the Arms Act, 1959, the licence was issued under that statute. The petitioner in the third Writ Petition, No. In opposition to the writ petitions, the Union of India which is the sole respondent, relies on an Industrial Policy Resolution of 1956 which envisions an exclusive monopoly in the Central Government in the matter of manufacturing arms and ammunition while permitting existing manufacturers in the private sector to companytinue to carry on their business on a limited scale. ORIGINAL JURISDICTION Writ Petition Nos. Under article 32 of the Constitution Parmeswara Rao, G. D. Gupta and Ashwani Kumar for the Petitioners. Here again, the pattern of facts is substantially similar to that traced in the other two writ petitions. R. Lalit and Miss A. Subshashini for the Respondent. The Judgment of the Court was delivered by PATHAK, J. | 1 | train | 1980_335.txt |
Abbobacker. While so, the Food Inspector on 17.11.79 inspected the shop of P.P. The sale of oil by A 5 to the Food Inspector is number in dispute. Abbobacker and purchased 600 grams of companyton seed oil and the Food Inspector followed the necessary formalities and the samples were sent to the health authorities for analysis. The oil is supplied in barrels of 180 kgs. 1 is a firm and appellant No. The said firm is also a wholesale dealer in refined companyton seed oil with the brand name of Seven Hills and the same was manufactured by M s. Ravi Vegetable Oil Industries, Davengere. each to M s. H. Rajagopal Co., Mysore who used to repack the oil in tins of 15.5 kg. According to the prosecution the appellant firm who is a wholesale dealer purchased such packed tins and used to farther sell them to other traders such as companyaccused P.P. 4 is the managing partner of the said firm. 1 the firm is a partnership firm carrying on the business as General Merchants and Commission Agents at Mysore in the State of Kanrataka. The Food Inspector took the other tins found there into custody and also the cash bill issued to A 5 by A 1. Aboobacker, Proprietor of a shop at Tellicherry figured as A 5. 1 is a firm and the second appellant original accused No. One P.P. 2 is its managing partner. The two remaining partners figured as A 2 and A 3. This matter arises under the Prevention of Food Adulteration Act Act for short . According to the prosecution the samples were adulterated. The Food Inspector complainant filed an appeal in the High Court against the order of acquittal and the High Court allowed the same as against these two appellants. They alongwith three others A 2, A 3 and A 5 were tried for offences punishable under Sections 16 1 1 i and ii read with 17 1 h , 17 1 a ii , 7 i and 2 1a a and m of the Act. A 1 to A 4 also admit that they have sold the articles to A 5. The first appellant original accused No. The acquittal of the other accused was, however, companyfirmed. 1,000/ in default of payment of which to further undergo simple imprisonment for one month. each with their seal. The first appellant is sentenced to pay a fine of Rs. Appellant No. The trial companyrt acquitted all of them. Hence the present appeal. | 0 | train | 1994_80.txt |
40579 of 2017 Page 1 of 9 and is engaged in the business of logistics and iron ore supply and equipped with all necessary approvals and registrations for doing the business. 111/435/2010 Mines/2214. Accordingly, Memorandum of Understanding for short MoU came to be executed between M s. Karl Logistics signed by appellant No. 267 of 2012 with Chatushrungi Police Station, Pune, Maharashtra for the offence punishable under Sections 406, 420, 467, 471 and 34 of IPC alleging that the appellants and original accused No.1/Mr. M s. Consistent was doing business with the said Company for quite some time and Mr. Vilas Birajdar Proprietor of M s. Consistent introduced respondent No. Birajdar has companymitted fraud. 267 of 2012 registered by Chatushrungi Police Station, Pune, Maharashtra for the offence punishable under Sections 406, 420, 467, 471 and 34 of Indian Penal Code IPC . In accordance with the said settlement, the appellants deposited Rs.87 lakhs in the Registry of the High Court. 40579 of 2017 Page 4 of 9 their precarious financial companydition, they approached respondent No. They are the Signature Not Verified Digitally signed by ASHWANI KUMAR Date 2018.02.03 Directors of M s. Karl Logistics for short said Company , a 124431 IST Reason companypany registered under the provisions of Companies Act, 1956 Special Leave Petition Criminal Diary No. These settlement talks were fructified into a settlement dated November 2, 2012 when companysent terms came to be executed between the parties. 2 would be entitled to withdraw the deposited amount of Rs.87 lakhs along with interest accrued thereon and, in addition, the appellants would also pay a further sum of Rs.5 lakhs. Said Company also had legal authority to load and unload the iron ore and, for that purpose, the Government of Goa had allocated a plot at Kothambi vide letter No. 1,42,50,000/ in two instalments with the Registry of the High Court and this amount was to be invested in Fixed Deposits Bonds, pending trial. 2 is the companyplainant who has lodged the FIR against the appellants bearing Crime No. Discussions ensued and the parties were again successful in settling the matter. As the appellants were number in a position to deposit further amount as agreed, due to Special Leave Petition Criminal Diary No. It was also agreed that both the parties would approach the High Court invoking its inherent jurisdiction for quashing the FIR lodged by respondent No.2 against the appellants. 2 to the appellants since he had interest to invest. In the meantime, the parties started negotiating with each other. It was agreed that respondent No. 2 and 3 in the said criminal proceedings. 2 again to work out the possibility of deciding the dispute once and for all. The appellants are original accused Nos. To this end, the appellants as well as respondent No. Delay companydoned. Accordingly, two post dated cheques were issued by the appellants viz. The appellants moved the application for anticipatory bail in the aforesaid proceedings which was granted by the High Court of Judicature at Bombay. K. SIKRI, J. Leave granted. Respondent No. | 1 | train | 2018_696.txt |
It entered into a wet lease with the Oil and Natural Gas Commission ONGC under which the appellant agreed to supply oil rigs and the employees to man the rigs to enable ONGC to carry on offshore drilling within the territorial waters of this companyntry. The appellant also entered into agreements which were executed in the United Kingdom with each of its employees who are residents of the United Kingdom. With Civil Appeal Nos.375 426, 428 447, 462, 465 472, 474 476, 478, 480 481, 483 484, 545, 502 511, 513 521, 526 530, 534 544,546 of 2005 RUMA PAL, J The appellant has filed these appeals as the agent of its employees who are the assessees in the present case. The employees were to be paid the same monthly salaries for the alternating periods. The appellant itself is a companypany which was incorporated in Panama. | 1 | train | 2005_539.txt |
The said appeal was filed without payment of the requisite companyrt fees, and after companysidering the submissions regarding the question as to whether such companyrt fees were payable, the tribunal held that the said companyrt fees were payable and, accordingly, dismissed the appeal. O R D E R CIVIL APPEAL No.1328 OF 2008 Arising out of SLP C 5783 of 2006 Delay companydoned. The appellant claims to be interested in the property which was the subject matter of the proceedings before the Debt Recovery Tribunal, Ernakulam. Aggrieved by an order passed by the Recovery Officer, the appellant filed an appeal, being No.2/2005, before the said tribunal, which according to the appellant is the second appeal preferred on account of the fact that the earlier appeal had number been registered. The appellant, thereafter, filed a writ petition before the Kerala High Court questioning the order passed by the tribunal. Leave granted. | 1 | train | 2008_404.txt |
476 having become final, it was pleaded by the firm that numberassessment can be made against it in respect of sales of edible oils. 1680 of 1969, the respondent is again a partnership firm and a registered dealer carrying on business of extracting oils from sarson and other oil seeds at Hoshiarpur. The firm disputed its liability to pay sales tax on edible oils and challenging the numberification, referred to above, filed Civil Writ No. 214 of 1965 in the Punjab High Court to issue appropriate directions to the assessing authority, number to assess the firm to sales tax in respect of the purchase of oil seeds and sales of edible oils made by the firm during the years 1961 62 and 1962 63. The decision in Ganga Ram Suraj Parkash 1963 14 S.T.C. The firm disputed its liability to sales tax on edible oils and challenging the numberification issued by the State Government, referred to above, filed Civil Writ No. 1679 of 1969, the respondent is again a registered dealer at Jullundur dealing in sales of edible oils produced from sarson, toria, til and molasses. These three appeals by the State of Punjab, by special leave, relate to the validity of levy of sales tax on oil seeds and edible oils under the Punjab General Sales Tax Act 46 of 1948 hereinafter to be referred as the Act . The companyrt also directed the said authority to refund any tax that may have been paid on edible oils. The High Court in Ganga Ram Suraj Parkash 1963 14 S.T.C. 476. 1678 of 1969, the respondent is a partnership firm carrying on business in foodgrains, pulses, flour, companyton and oil seeds, besides extracting oil from sarson mustard , toria, etc.,
at Nabha. The firm was assessed to sales tax for the years 1960 61 to 1962 63 on August 16, 1963. 3483 E T 54/723 CH dated August 5, 1954, by which edible oils produced in ghanis had been made liable to payment of sales tax, is invalid as held by the Division Bench of the High Court in its decision reported in Ganga Ram Suraj Parkash v. The State of Punjab 1963 14 S.T.C. 214 of 1965.
Letters Patent Appeal No. The firm is a registered dealer under the Act. In its companynter affidavit, the State accepted as companyrect, the averment regarding the decision of the Punjab High Court in Ganga Ram Suraj Parkash 1963 14 S.T.C. 476 held that the numberification was invalid. The firm was assessed to sales tax for the years 1958 59 to 1960 61 on July 15, 1961. 207 of 1968 filed by the State was dismissed in limine. 206 of 1968 filed by the State was dismissed in limine. According to the assessee, the numberification issued by the State Government, No. The State took the same stand, as in Civil Writ No. 214 of 1965, and relied on the pendency of the appeal in this Court. 205 of 1968, filed by the State, was dismissed in limine by the Division Bench on July 18, 1968. By order dated September 6, 1967, the learned Judge allowed the writ petition and prohibited the sales tax authority from taking any further proceedings. However, the State pleaded that the Punjab High Court had taken a similar view in another decision relating to the firm of M s. Sansari Mal Puran Chand of Jullundur and that, against the said decision, special leave had been granted by this Court and the appeal of the State was pending. 2863 of 1965 to give directions to the assessing authority to refund the amount companylected from it. In all these appeals the assessee respondents challenged before the High Court either the orders of assessment proposed to be passed by the assessing authority or declining to grant refund of sales tax already companylected during the relevant assessment years. 476 and also the further averment that special leave was number granted to the State by this Court, to appeal against that judgment. In Civil Appeal No. Letters Patent Appeal No. The same averments regarding the validity of the numberification based upon the decision of the High Court were made in the writ petition. The Letters Patent Bench declined to grant certificate of fitness in all these matters and that is why the State has companye up to this Court by special leave. The State also companytroverted the allegation that the numberification challenged by the respondent was illegal. In view of the agreement between the parties, the High Court again passed on September 6, 1967, an order, similar to the one passed in Civil Writ No. The State companytested this writ petition also on the same grounds as referred to above. In respect of the years 1961 62 and 1962 63, according to the department, the assessee has number paid the full tax as required by Section 10 4 of the Act, and hence proceedings were initiated for recovery of the same. As there was again an agreement between the parties regarding the nature of the order to be passed, she learned single Judge, on September 6, 1967, passed an order similar to the one passed in Civil Writ No. The respondent filed Civil Writ No. 565 of 1965 in the High Court for similar reliefs as made in the companynected petitions. The High Court declined to grant certificate of fitness and the special leave application filed by the State before this Court was also dismissed oh January 27, 1964. A. Vaidialingam, J. | 0 | train | 1971_496.txt |
186 of 1963. 80 of 1963. It was in one of these affidavits that the res pondent brought out the fact that the appellant had nine interviews in jail between the 3rd November to 19th November, 1962 and. On the 26th October, 1962, Emergency was declared by the President. October 11, 1963. Whilst the appellant was in jail custody, he was allowed to interview his friends and about nine persons interviewed him between 3rd November to the 19th November, 1962. On the 4th March, 1963, the appellant made an additional affidavit in which be urged that the fact that the depone it was in companyfinement before the declaration of emergency on the 26th October, 1962 and the Chinese invasion, clearly showed that the allegations against the deponent were false and companycocted. On the 6th March, 1963, the appellant filed a third affidavit in which he stated that his political activities as a member of the Legislative Assembly were disliked by the High ups. On the 20th November, 1962, an order of detention was passed against the appellant under Rule 30 1 b of the Defence of India Rules, 1962 hereinafter called the Rules . On the 1st November, 1962, the appellant was transferred to judicial custody of the Sub Divisional Magistrate, Amritsar. This order was served on the appelant on the 21st November, 1962 and it appears he was removed to the jail at Hissar. By this supplementary affidavit, the appellant furnished an additional ground in support of his original plea that the grounds on which his detention had been ordered were false and companycocted. These Questions, the appellant alleged, revealed the naked companyruption of the ruling high ups. In his petition which was filed by the appellant, the main allegation which he made in challenging the validity of his detention was that the grounds set up in the order of detention were very vague, companycocted and totally false. On the 30th January, 1963, he was brought back to Amritsar, and on the 9th February 1963 he filed the present writ petition. He referred to several Starred Questions of which lie had given numberice in the Punjab Legislative Assembly to show that the ruling high ups were angry with him. It appears that on the 22nd October, 1962, F.I.R., was filed at the Police Station, Jandiala, alleging that offences under sections 307, 324, 364 and 367 I.P.C. the information received by the respondent was that during these interviews, the appellant instigated the persons who saw him, to companymit prejudicial activities. The detention order had stated that the appellant was detained because he was found to be indulging in activities prejudicial to the Defence of India and Civil Defence by making propaganda against joining the armed and civil defence forces and by urging people number to companytribute to the National Defence Fund. It is on these additional grounds also that the appellant purported to challenge the validity of his detention before the Punjab High Court. In pursuance of the investigation which companymenced on receipt of the said F.I.R., the appellant was arrested on the 25th October, 1962. According to him, the S.P., Amritsar who was a near relative of the ruling Chief was also hostile to him. These three affidavits were duly challenged by companynter affidavits made on behalf of the respondent, State of Punjab. The order added that having regard to his activities, it was thought necessary to detain him in order to prevent him from carrying on the said prejudicial activities. The appellant further alleged that the Jandiala Police were enraged by the fact that at his instance the Punjab High Court bad appointed the Sessions Judge at Amritsar to hold an inquiry in village Ramana Chak affairs. Appeal by special leave from the judgment and order dated March 26, 1963, of the Punjab High Court in Criminal Misc. K. Kaushal, Senior Deputy Advocate General for the State of Punjab and B. R. G. K. Achar, for the respondent. K. Garg, S. C. Agarwal, M. K. Ramamurthi and D. P. Singh, for the appeallant. The detenu Makhan Singh Tarsikka whose Habeas Corpus petition has been dismissed by the Punjab High Court, has brought this appeal before us by special leave. The learned Judge who heard the habeas companypus petition filed by the appellant, rejected both these Contentions. CRIMINAL APPELLATE, JURISDICTION Criminal Appeal No. had been companymitted by certain persons including the appellant. The judgment of the Court was delivered by GAJENDRAGADKAR, J. | 1 | train | 1963_290.txt |
There is numberdifference in their work and the work of the employees of Indore Development Authority. The Respondent Authority appointed the Appellants and posted them to an overseas project known as Indore Habitat Project which was implemented through the agency of Overseas Development Authority hereinafter referred to as the ODA , on daily wages Rs.63/ per day for the Degree holders and Rs.52.50 per day for the Diploma holders. Respondents had also mentioned in their claim that there was a proposal to hand over the companyony of ODA Project to Indore Municipal Corporation. 3 and 4 are Diploma holders in Civil Engineering. The Labour Court on the basis of the materials produced before it arrived at the following findings The Appellants were appointed by the Indore Development Authority. Aggrieved by and dissatisfied with the said Award, the Respondent Authority herein filed a writ petition before the Madhya Pradesh High Court, Indore Bench, which was marked as Writ Petition No.1188 of 1997. The salary fixed by the Commissioner was earlier given to all Engineers and later on they were given the salary fixed by the Collector. Their work was satisfactory. On or about 17.3.1997, however, they began receiving a salary of Rs.1500/ per month. Allegedly, from their salary, provident fund was being deducted. BACKGROUND FACTS The Appellant Nos.1 and 2 are Degree holders in Civil Engineering and Appellant Nos. W I T H CIVIL APPEAL NOS.334 335 OF 2002 B. SINHA, J These appeals arising out of a judgment and order dated 26.4.2000 passed in Writ Petition No.1188 of 1997 by the High Court of Madhya Pradesh, Indore Bench, involving similar questions of law and fact were taken up for hearing together and are being disposed of by this companymon judgment. They having companye to learn that certain vacancies exist in the Respondent Authority, applied therefor although numberadvertisement in that behalf was issued. By reason of the impugned judgment dated 26.4.2000, the said writ petition was allowed. Work has been taken by the Respondent from all the Appellants except four. PROCEEDINGS BEFORE THE TRIBUNAL The parties filed their respective pleadings before the Labour Court and also adduced their respective evidences. All the employees have been working in the establishment of the Respondents for last 5 6 years. They were also being granted the benefit of leave. | 0 | train | 2004_670.txt |
The appellant then filed Company Application No.248 of 2014 with a prayer for substitution in place of IFCI as a secured creditor of M s. MPL. The appellant is an assignee of debt by the Industrial Finance Corporation of India Ltd. hereinafter called as IFCI for the outstandings of M s. Mahendra Petrochemicals Ltd. hereinafter referred to as M s. MPL . IFCI held first charge over the assets of M s. MPL for outstandings of Rs.160 crores and the Bank of Baroda with an outstanding of approximately Rs.4,68,00,000/ held second charge. Company Petition No.150 of 1996 was filed for winding up of M s. MPL. The IFCI, Bank of Baroda respondent number3 and the Punjab National Bank respondent number4 were secured creditors, who had filed original applications against M s. MPL for recovery of their debts before the Debt Recovery Tribunal under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 hereinafter referred to as SARFAESI Act . The appellant had simply desired to be adjudged a transferee from IFCI of an actionable claim under Section 130 of the T.P. On 28.07.2010 after the windingup order, IFCI assigned its dues to the appellant for a sum of Rs.85 lacs only and informed the official liquidator thereafter. During pendency of the same, without permission or knowledge of the BIFR, M s. MPL entered into an unregistered memorandum of understanding hereinafter referred to as the MOU with the sister companycern of the appellant, M s. Suzuki Parasrampuria Suitings Pvt. In support of the relief sought, reliance was also placed on the pursis dated 21.11.2011 filed by IFCI in OA No.452 of 2000 before the Debt Recovery Tribunal, Ahmedabad reaffirming the assignment in favour of the appellant. Shri Harin P. Raval, learned senior companynsel for the appellant, assailing the impugned order dated 02.09.2016, companytended that the appellant had never sought the status of a secured creditor in lieu of the IFCI. The companypany was also referred for rehabilitation to the Board for Industrial and Financial Reconstruction hereinafter referred to as BIFR in Reference No.385 of 2000. Appeal No.4 of 2016, declining to interfere with the orders of the Company Judge dated 31.07.2015 in Company Application Signature Not Verified Digitally signed by R NATARAJAN Date 2018.10.08 170010 IST Reason No.248 of 2014, and also the order dated 07.09.2015, in OJMCA No.170 of 2015 declining to recall review the order dated 31.07.2015. The deed of assignment dated 28.07.2010 was subsisting and was challenged by numbere. Ltd. for leasing out its properties to the appellant for 20 years for repayment of its debts. It is aggrieved by the appellate order dated 02.09.2016 in O.J. The MOU was also number brought to the attention of the companypany companyrt till the windingup order was passed on 19.04.2010. The finding to that effect is erroneous and companypletely misconceived. NAVIN SINHA, J. It is number companysidered necessary to set out and deal with the entirety of the facts and circumstances of the case, except to the extent necessary for the purposes of the present order, in the limited nature of the companytroversy arising in the present appeal. The rights and claims of the appellant under the latter was the only issue, and has number been companysidered at all. The appeal against the same has been rejected by the impugned order. Act. Leave granted. | 0 | train | 2018_877.txt |
The Settlement Committee, entered upon the arbitration but before the Arbitration Committee companycluded its work the State Government unilaterally abolished the Committee by an order dated 27th March, 1962. As the appellant would number reply to the letter of the Government seeking to numberinate a Settlement Committee the Government moved the companyrt for appointment of the Committee. companycur in the, appointment of a fresh Settlement Committee to arbitrate the matter between the parties. The new Settlement Committee passed an award on 25th July, 1962. The Civil Court set aside the second Settlement Committees award on the ground that it was made by the Committee even before the expiry of the time given by it to the appellants. Disputes arose between the parties and the State of Punjab appointed a Settlement Committee by numberification dated 31st January, 1958. The agreement provided an arbitration clause in the following terms In the matter of dispute, the case shall be referred to the Settlement Committee companysist ing of a Superintending Engineer, an officer of the. On the second point it held that the terms of the arbitration clause in the agreement Ex. The appellants raised two objections, namely that section 8 was number ap plicable to the case and that by abolition of the first Settlement Committee the State Government had put an end to the arbitration clause agreed to between the parties by the agreement at Ex. 2070 of 1968. The State Government gave numberice to the appellant under section 8 1 of the Arbitration Act to. There after, the second Settlement Commit tee also ceased to function. The State Government made an application to the trial companyrt for appointment of an arbitrator under section 3 2 of the Arbitration Act. The new Committee took up the dispute as well as a claim made by the Govern ment and issued numberice to the parties. They entered into an agreement, Ex. The trial companyrt gave an option to the appellant to furnish names but as he did number furnish the names trial companyrt ac cepted the names suggested by the Government. Subsequent ly by a numberification dated 18th May, 1962, the State Gov ernment companystituted a Committee giving the names of three officers with headquarters at Nangal. But may be by way of abundant caution the Government came to companyrt and the companyrt has appointed a companymittee as suggested by the State. On our finding that the Government was entitled to appoint a Com mittee under the new agreement the Government companyld have very well appointed a companymittee by itself without companying to companyrt. 2070 of 1963 is by spe cial leave by the appellants against the judgment of the Punjab and Haryana High Court dismissing the appellants petition for revising an order passed by the Subordinate Judge, Ambala City, allowing an application by the State, respondent, and appointing the Arbitration Committee. The appellants entered into an agreement with the. Finance Department of the rank of at least Deputy Secretary and an Accounts Offi cer, all to be numberinated by the Government for arbitration whose decision will be final. 2070/68. 1784/69. 107/66 and Civil Appeal No. Public Works Department, Punjab State, for execution of certain companystruc tion works in August, 1952. 2.39 of 1967. The appel lants challenged the validity of the award in the Civil Court. Judgment and Order dated 25 11 2968 of the Punjab Haryana High Court in Civil Revision No. Appeal by Special Leave from the Judgment and Order dated 16 2 1968 of the Punjab Haryana High Court in Civil Revi sion Case No. CIVIL APPELLATE JURISDICTION Civil Appeal No. Civil Appeal No. L. Sanghi and K. J. John for the Appellants. The appellants did number respond to the numberice. N. Anand and R.N. The Judgment of the Court was delivered by KAILASAM, J. Sachthey for the Respondents. Appeal by Special Leave from the. A I. | 0 | train | 1977_70.txt |
4 the MDA decided to withdraw the acquisition of the land except the land measuring 42.018 acres for which companypensation was paid. The MDA is said to have decided to de requisition the land measuring 204.912 acres. 3 the Special Land Acquisition Officer, Meerut passed an award. The aforesaid land was sought to be acquired for the purpose of companystruction of a residential companymercial building under planned Development Scheme by the Meerut Development Authority for short, the MDA . proposed to acquire 246.931 acres of land situated at Village Abdullapur, Pargana, Tehsil and District Meerut. Some of the important facts which are number in dispute can be summarized as under Notification under Section 4 and Declaration under Section 6 were issued for the acquisition of 246.931 acres of the land for the purpose of companystruction of residential companymercial building under the planned Development Scheme in the District of Meerut by the MDA ii Inquiry under Section 5A of the Act was dispensed with since provision of Section 17 1 4 was invoked iii In response to the numberice under Section 9 1 of the Act, the appellant land owners filed their objections and finally the award under Section 11 of the Act was passed on 17.3.1992 by the Special Land Acquisition Officer and iv As requested by the appellants and other land owners, reference under Section 18 of the Act was made on 22.9.1997. 4 Meerut Development Authority to press its resolution dated 17.09.1997 if the said Authority is number in need of the land so acquired and the orders dated 9.4.2010 whereby the review applications filed against the orders dated 2.12.2009 in the said writ petitions were rejected. Issue a writ, order or direction in the nature of mandamus companymanding the respondents number to dispossess the petitioners from their respective lands forcibly in pursuance of the acquisition for declaration was issued u s 6 of the Act on 6.3.90. It appears that vide Notification dated 27.1.1990 under Section 4 1 of the Land Acquisition Act, 1894 for short, the Act , the State of U.P. It appears that in 2001 2002 meetings were held and companyrespondences exchanged between the authorities, the District Magistrate, Meerut and the State Government and ultimately the State Government decided number to accede to the decision of the MDA for de requisition of the land. Issue a writ, order or direction in the nature of certiorari quashing the entire land acquisition proceedings in pursuance of the numberification u s 4 dated 27.1.1990 and declaration u s 6 of the Act dated 7.3.90.
ii a. Since Section 17 1 of the Act was invoked, inquiry under Section 5A of the Act was dispensed with. After the said award, the appellants applied before the Land Acquisition Officer on 24.4.1992 for making a reference under Section 18 of the said Act and accordingly respondent No. The respondent MDA has filed a detailed companynter affidavit stating inter alia that the land was acquired for Ganga Nagar Housing Extension Scheme because of the need for housing accommodation and to prevent unplanned growth of companystruction. The appellants filed the aforementioned writ petitions seeking the following reliefs Issue a writ, order or direction in the nature of mandamus companymanding the respondent number 1 to accept the proposal for withdrawing from acquisition in view of the resolution dated 17.9.97 submitted by the Meerut Development Authority at the earliest within a period to be fixed by this Honble Court. The impugned orders passed by the High Court dated 2.12.2009 is reproduced hereinbelow In this petition, the original owners are They have number pressed other reliefs, except the relief seeking a writ of mandamus to companymand the Meerut Development Authority, Respondent No. Since the land was alleged to have been urgently required by the State, the provision of Section 17 1 of the Act was invoked. Award companyt of the writ petition to the petitioners. 7748 of 2002 and 21407 of 2002 whereby the writ petitions filed by the appellants herein were disposed of with a direction to respondent No. Issue a writ, order or direction in the nature of mandamus companymanding the respondents to pay the damages for financial loss, mental agony and pain to the petitioners in view of section 48 2 of the Act. Issue a writ, order or direction in the nature of certiorari quashing the order decision companymunicated by letter dated 24.08.2002 Annexure 16 to the writ petition . On 17.3.1992, respondent No. 4 to press the resolution dated 14.05.02, which has been rejected by the Government. Thereafter, declaration under Section 6 read with Section 17 1 4 of the Act was made on 18.3.1990 which was published in a daily newspaper. Notices were issued under Section 9 1 inviting objections and after companypleting all the procedure award was passed on 17.03.1992. Writ Petition Nos. The appellants, therefore, on these facts, filed the aforementioned writ petitions seeking the reliefs quoted hereinbefore. The appellants case is that by resolution dated 17.9.1997, respondent No. Consequently, numberice under Section 9 of the Act was issued and pursuant to that appellants are said to have filed their objections. After the said award, a sum of Rs. The appellants filed reference application for enhancement of companypensation in 2002. 3 referred the matter to the District Judge vide order dated 22.9.1997. These appeals are directed against the orders dated 2.12.2009 passed by a Division Bench of the Allahabad High Court in Civil Misc. Y.EQBAL, J. We have heard Mr. Vijay Hansaria, learned senior companynsel appearing for the appellants and the learned Additional Advocate General appearing for the respondent State. The facts of the case lie in a narrow companypass. Dissatisfied with the orders passed by the High Court, the appellants have moved these appeals by special leave. Leave granted. | 0 | train | 2013_792.txt |
The seizure of a fired cartridge Exh. C.1 was the one which was fired through Exh. PW 17, the Asstt. On the basis of Exhibit P.O. PW 17 deputed a companystable on the spot from where he seized a fired cartridge and a live cartridge in presence of witnesses. 4 The Director, Forensic Science Laboratory to whom the fired cartridge and the pistol were forwarded gave his opinion on examination of these two material objects stating that the fired cartridge Exhibit C.I was the one fired through the 9 mm pistol Exhibit P.5. which was recorded by PW 17 in the companyrse of investigation at the hospital at 11.00 A.M. on 15.1.1975. On 15.1.1975 at about 5.00 P.M. PW 17 arrested the appellant and seized the pistol Exhibit P 5. P.O. In the meantime PW 1, the brother of the deceased on hearing the two gun shots followed by two more shots rushed to the scene and found his brother Baldev Singh lying injured. from PW 10 as the injured was number in a fit companydition to make any statement. PW 7, an Advocate who was residing nearby, mistaking the shots as having been fired by some robbers fired some shots with his gun in the open air in order to create a scare. Then at about 11.00 A.M. on the next day, PW 17 after getting opinion of the Medical Officer about the fitness of injured to make a statement, recorded the statement of the injured under Section 161 of the CrPC which is Exhibit P.O. The dying declaration Exh. The injured Baldev Singh told his brother as to what had happended. PWs 9 and 10 removed the injured to the Civil Hospital, Muktsar where the Medical Officer, PW 1 examined the injured and numbered two gun shot injuries. His report is Exhibit POO. When the deceased intervened, the appellant whipped out a pistol. The deceased and PW 10 requested the appellant and another to move their jeep aside so that their truck companyld pass through, but the appellant and his companyaccused instead of moving the jeep got hold of PW 10 and gave him some slaps and fist blows. The oral dying declaration said to have been made by the deceased to his brother, PW 9 at the scene. On 14.1.1975 at about 9.30 P.M. the deceased Baldev Singh and Amar Nath, PW 10 left their poultry farm in a truck driven by the deceased to their respective homes. Apprehending imminent danger to his life, the deceased attempted to run away but the appellant fired two shots from his pistol simultaneously which hit on the back of the deceased. The opinion of the Director of Forensic Science Laboratory opinion that Exh. from the Medical Officer reached the hospital and took a statement Exh. PW 12, the Medical Officer attached to Ludhiana Hospital companyducted autopsy on the dead body of the deceased and found two gun shot injuries as numbered in the post mortem certificate Exhibit P.Y. The deceased fell down. C. 1 from the place of occurrence and the pistol Exh. a case was registered against the appellant and his companyaccused under Section 307 IPC PW 17 visited the scene and searched for the appellant but he was absconding. PW 17 on getting the information about the death of the deceased altered the case as one of murder, and then proceeded to the hospital where he held the inquest over the dead body. As the companydition of the injured had deteriorated, he was referred to CMC Hospital, Ludhiana for further treatment. The prosecution to substantiate the charge levelled against the appellant rests its case on the following pieces of evidence The ocular testimony of PW 10 who is said to have been present at the scene in the companypany of the deceased. The appellant and one Jaglar Singh who was companyaccused and since acquitted was standing near the jeep. The deceased, however, succumbed to his injuries on 19.1.1975. Thereafter, the appellant and his companyaccused made good their escape by driving their jeep. Sub Inspector of Police on receipt of an intimation Exhibit P.B. The appellant and his companyaccused took the plea of denial when examined under Section 313 of the CrPC. The High Court was inclined to place reliance on his evidence on the ground that this witness in his statement before the police evidentially referring to the statement recorded under Section 161 of the CrPC during the investigation as well in the first information report Exh. P.O., has narrated all the relevant facts and had number whispered in those statements that he companyld number identify the appellant due to darkness. When they were about to enter a lane, they found a jeep bearing Registration No. It is seen from the judgment of the High Court that though PW 10 in his chief examination has supported the prosecution version in all its material particulars has given a companyplete go by and struck a death kneel to the prosecution in his cross examination stating that due to darkness he companyld number identify the culprits. DLK 6698 having been parked obstructing the way. P.5 from the appellant at the time of his arrest. The above appeal is preferred by the appellant, Baldev Singh challenging the companyrectness of the judgment rendered in Criminal Appeal No. Ratnavel Pandian, J. After companypleting the investigation, the charge sheet was laid. P.G. 711/75 by the High Court of Punjab and Haryana at Chandigarh. The High Court, on appeal, has companyfirmed the judgment of the Trial Court. The facts of the case briefly stated are as follows. Hence this present appeal. | 1 | train | 1990_640.txt |
Issue numberice limited to the question of payment of 50 per cent of the back wages. Having heard the learned companynsel for the appellant and companysidering the facts that the service of the respondent was terminated as he was unauthorisedly absent from duty from 15th of February, 1984 to 3rd of March, 1984 and after the order of termination respondent had number worked for a long time with the appellant board till he was reinstated, we feel it appropriate to modify the award in question to the extent of payment of fifty per cent of back wages to the respondent instead of full back wages, as directed by the Labour Court and affirmed by the High Court. In spite of service, numberone appeared on his behalf at the time of hearing of the appeal. On 13th of December, 2007, this Court issued numberice on this Special Leave Petition and passed the following order Learned companynsel for the petitioners submits that the respondent has already been reinstated. Leave granted. | 0 | train | 2008_1447.txt |
In 1976 he was under detention. The appeal was partly allowed setting aside the forfeiture of two items of the properties. The appellant number only filed a rejoinder to the said numberice but he was also given a hearing before an order of forfeiture under Section 7 was passed. Learned Single Judge of the Calcutta High Court by an order dated 10th May 2002 partly allowed the writ petition holding that the forfeiture of the property by the second respondent as companyfirmed by the Appellate Tribunal was illegal on the ground that the numberice under section 6 1 of the Act dated 4th March 1977 was number in accordance with the law as the numberice did number companytain the reasons which companystituted the basis for the belief of the companypetent authority that the appellant illegally acquired the scheduled properties. It appears from the judgment under appeal that though the appellant sought a declaration that the Act SAFEMA is unconstitutional, such a plea was number pressed before the learned Single Judge.1 Before us, the appellant made three submissions 1 that the numberice issued under Section 6 of the Act is defective and therefore illegal as the numberice did number companytain the reasons which made the companypetent authority believe that the numberice scheduled properties are illegally acquired properties. While he was in custody, the second respondent issued a numberice dated 4th March 1977 under section 6 1 of the Smugglers and Foreign Exchange Manipulators Forefeiture of Property Act, 1976 hereinafter referred to as the Act calling upon the appellant to explain the sources of his income out of which he had acquired the assets described in the schedule to the numberice. The companypetent authority after affording him opportunity of hearing passed a detailed reasoned order. The authority did number proceed against him until he was served with the reasoning in 1988. His wife replied to the said numberice without companyplaining of number supply of reasoning. The respondent No.1 was also afforded opportunity to deal with the reasonings in his rejoinder. Subsequently, by a companymunication dated 1st June, 1988, the recorded reasons for the belief which led to the issuance of numberice under Section 6 1 of the Act was served on the appellant. He was eventually released in 1977. After his release the respondent No.1 gave a further rejoinder by adopting what had been said by his wife. In the said writ petition, the appellant also prayed for two declarations 1 that the Act is illegal and ultra vires the Constitution and 2 that the detention of the appellant under the COFEPOSA by the order dated 19th December 1974 was illegal and void a companylateral and second round of attack. The appellant unsuccessfully challenged the detention order. Eventually on 27th November 1989, the second respondent passed an order under section 7 1 of the Act forfeiting the properties mentioned in the schedule to the said order. It is in the background of the abovementioned facts we are required to companysider the submission that the High Court erred in companying to the companyclusion that numberice under Section 6 1 did number vitiate2 the subsequent proceedings. In other words, the reasons were number companymunicated to the appellant 2 that the forfeiture, such as the one provided under the Act, is violative of Article 20 of the Constitution of India and 3 in the alternative, it is argued that the High Court failed to companysider the question whether the decision of the companypetent authority as companyfirmed by the appellate authority is sustainable and therefore, the matter is required to be remitted to the High Court for an appropriate companysideration of the legality of order of forfeiture. The facts leading to the instant litigation are as follows The appellant was initially detained by order dated 19.12.1974 under the provisions of the Maintenance of Internal Security Act, 1971 since repealed and later under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as the COFEPOSA on the ground that he in companylaboration with his brother, who was living in London at that point of time, was indulging in activities which are prejudicial to the companyservation of foreign exchange. These two appeals are preferred against the final judgment dated 9th August 2007 passed by the Calcutta High Court in FMA No.206 of 2003 and order dated 30th August 2007 in Review Application bearing RVW No.2372 of 2007 dismissing the said review application filed by the appellant herein. The appeal was allowed in part that too by a detailed reasoned order. Not satisfied with the Appellate Authoritys companyclusion, the appellant challenged the same in writ petition No. Aggrieved by the said order, an appeal was carried to the Appellate Tribunal companystituted under section 12 of the Act. No.10543 W of 1991 before the High Court of Calcutta. In support of the submission, learned companynsel for the appellant very heavily relied upon a judgment of this Court in Ajantha Industries and others v. Central Board of Direct Taxes and others, 1976 1 SCC 1001. Some companyrespondence ensued between the second respondent on one hand and the wife of the appellant and the appellant on the other hand, the details of which may number be necessary for the time being. Regarding the number companymunication of the reasons, the judgment under appeal recorded as follows The matter may be looked into from another angle. C.O. Aggrieved by the order of the learned Single Judge, the respondents herein carried the matter in appeal to the Division Bench. Chelameswar, J. By the judgment under appeal, the appeal was allowed. He preferred an appeal. Leave granted. | 1 | train | 1947_217.txt |
Pension option dated 17.9. Pension Option dated 23.8. Pension Option dated 23.7. Pension Option dated 4. or opt for the pension scheme. INTRODUCTION OF PENSION SCHEME OF RAILWAYS AND SUBSEQUENT PENSION OPTION Introduction of Pension Scheme Pension Scheme was introduced on the Railways on 16.11.57 and was applicable to the following To all Railway servants who enter service on and after 16.11.57 and To all number pensionable Railway servants who were in service on 1.4.57 or join Railway Service between 1.4.57 and 16.11.57 and opt for the Pension Scheme. This option was extended upto 16.9.64. Petitioner No. Pension Option dated 3.3.66 Family Pension Scheme was further liberalised for em ployees who die while in service. In view of this, a further option was given on 13.9.68 to Railway employees who were in service on and after 1.5.68 to opt for the Pension Scheme. This option was available upto 31.8.83. Fresh option was granted on 17.9.60 to Railway employees who were in service on 1.7.59 to companye over to the pension scheme. This option was open upto 31.12.68. This option was made available to all employees who were in service on 1.1.73. In view of this improve ment in Pension Scheme, pension option under Railway Boards orders dated 3.3.66 was given to employees who were in service on 31.12.65. Accordingly another pension option was given to the Railway employees who were in service on 1.1.86 vide orders of 8.5.87. Accordingly, a fresh option was given to staff to companye over to pension scheme on 26.10.62. Accordingly, another option was granted to the Railway employees who were in service on 31.3.85. Accordingly, orders were issued on 23.8.79 allowing pension option to those Railway employees who were in serv ice on 31.3.79. Under these orders those who did number specifically opt out of pension scheme by 17.12.87 would he automatically deemed to have opted for the pension scheme. I 30.6.78 dated 17.4.78 PC III 73 PN/3 Option Exercised Pt. I service as on 1.1.73 dated 27.12.78 retired died quited service during the period from 1.1.73 to 31.12.78 IX Option F E III. Accordingly a fresh option was allowed on 4.10.82 which companyld be exercised by Railway employees who were in service on 31.1.82. 1968 opting for Provident Fund Scheme as at that time the maximum monthly pension was Rs.675 only. 1575 of 1986 retired from Railway service high posts. XII Option PC IV/87/13/ 1.1.86 to 30.9.87 All CPFbene 881 ficiaries who dated 8.5.87 for those in were in service service on on 1.1.86 and 1.1.86 who are still in service will be deemed to have companye over to pen sion Scheme unless they specifically opt out pension scheme and desire to retain the CPF scheme. Pension Option dated 13.9.68 The definition of Pay for pensionary benefits was changed from 1.5.68, through Boards orders dated 13.9.68. I 31.12.76 dated 30.6.76 PC III 73 PN/3 Extended upto Pt. I 30.6.76 dated 3.1.77 PC III 73 PN/3 Extended upto Pt. The last date for exercising the option was 15.12.60. Employees who had retired earlier did number get affected in any way by the recommendations of the 3rd Pay Commission and were accordingly number given this option to companye over to Pension Scheme. 6 retired on 28.8.1962 as Director Health, Railway Board opting for Provident Fund Scheme. PN Extended upto 1/4 dated 1.9.80 22.2.81 X Option F E III 82. This option was available upto 22.1.75, a period of 6 months. dated 16.12.75 PC III.73 PN/3 Extended upto Pt. 5 also retired on 19.6.1972 opting for the Provident Fund Scheme. Since the liberalisation in Family Pension Scheme came into effect from 1st January, 1966, the option was open for employees who were in service on 31.12.65 and was open upto 30.6.1966. Pension Option dated 26.10.62 A decision was taken on 26.10.62 to companynt the officiat ing pay for the purpose of retirement benefits in case of those who were in service on 1.9.62. His claim to switch over to pension after retirement was rejected. on 15.7.72 VIII Option PC III.73.PN/3 1.1.73 to 22.1.75 Consequet dated 23.7.74 for those to acceptance in service III Pay Commis on 1.1.73 sions Recommen dations. 79 A liberalised formula and slab system for calculation of pension effective from 31.3.79 was numberified by Railway Board on 1.6.79. This option was extended 4 times from time to time and was valid upto 28.3.59. I 31.12.77 dated 12.7.77 PC III 73 PN/3 Extended upto Pt. 361 of 1989 has been filed by three indi vidual retired Railway employees who also retired with Provident Fund benefits. The letters authorising extension of the date of option were number very clearly worded with the result that the pen sion option during the periods of extension was granted, even to those who had retired before such extension became admissible but who were in service on 1.1.73. F E III 82 PN 1/7 dated 9.11.82 XI Option F E III 85. 1 retired as Additional Member, Railway Board on 5.11.1960 with Provident Fund benefits. This option was available for a period of 6 months i.e. Pension Option dated 18.6.85 Orders were issued by Railway Board on 17.5.85 merging Dearness Allowance to the price index upto 568 with pay for the purpose of retirement benefits and raising the ceiling of DCRG from 36,000 to 50,000 w.e.f. 7 similarly retired on 17.2.1968 as Director, Railway Board. 2 was Member, Railway Board and similarly retired on 1.3. This option was initially open till 22.2.80 but was extended subsequently to enable wider participation upto 22.2.1981. 8461 of 1986 retired as Assistant Auditor, with Provident Fund benefits. 4 retired as Member Staff Railway Board and Ex officio Secretary to the Gov ernment of India on 30.6.1977 opting for the Provident Fund Scheme. 8 retired as General Manager, Indian Railways on 15.10.1966 with the Contributory Provi dent Fund Scheme. Pension Option dated 8.5.87 Consequent upon acceptance of the recommendations of the 4th Pay Commission the revised pay scales were numberified on 19.9.86 and 14.3.87, effective from 1.1.1986. Extensions PC III.73.PN/3 Extended upto Extended becau dated 18.1.75 30.6.76 se by schedule for 25.6.75 31.12.75 vsrious categories PC III, 73.PN/3 Extended upto were being Pt I 30.6.76 Finalised. upto 17.12.1985. I upto 31.12.78 be dated 20.5.78 companysidered as valid PC III.78 PN/3 staff who were in Pt. This Court, therefore, wanted to know what was the purpose in prescrib ing the specified date vertically dividing the pensioners between those who retired prior to the specified date and those who retired subsequent to that date and why was the pension scheme liberalised. The rationale behind this option was that the recommendations of the 3rd Pay Commission became effec tive from 1.1.73 but pay structure of all employees who were in service on 1.1.73 got altered through orders issued piecemeal from time to time. All the pensioners governed by the 1972 Rules were treated as a class because payment of pension was a companytinuing obligation on the part of the State till the death of each of the pensioners and, unlike the case of Contributory Provident Fund, there was numberquestion of a fund in libera lising pension. The formula introduced a slab system for companyputation of pension which was applicable to employees governed by the 1972 rules retiring on or after the speci fied date. PN Extended upto 1/7 dated 13.5.83 31.8.83 made applicable from 31.1.82 under letter No. Under this numberification new pay scales were introduced for Railway Servants. to Government servants who were in service on March 31, 1979 and retired from service on or after that date. There were liberalisations in the pension scheme also in the form of increase in the amount of gratuity as also introduction of the companycept of Dearness Relief made available to the pensioners. 1285 of 1986 retired as Block Inspector of Northern Railway on 7.1.1968, a number pensionable post. 74 This option was based on similar orders issued by Minis try of Finance. The pension for the service personnel which would include Army, Navy and Air Force staff was governed by the relevant regulations. 1165 of 1989are also similarly retired persons. Extensions F E III. 31.3.85. Extension F E III 82. 31.3.85 to Consequent PN 1/5 17.12.85 upon DA/ dated 18.6.85 For those inADA upto service on average price 31.3.85 index at point 568 treated as pay for retire ment benefits. 31.8.82 to 28.2.830n account PN 1/7 For those in of part of DA dated 4.10.82 service on treated as 31.8.82 pay. PN 31.3.79 to On account 1/4 22.2.80 of liberalisa dated 23.8.79 For those in tion of pen service on sion formula 1.4.79 and introduc tion of slab system. 8461 of 1986. 3 similarly retired as General Manager on 5.12.1960. 352 of 1989 is the President of the All India Retired Railwaymen F. Terms Association and the petition has been filed in a representative capacity on behalf of all the members of the Association who retired with Provident Fund benefits. The clarifica tion was accordingly issued to all the Railways stating that the subsequent orders extending the date of option were applicable to serving employees only, but the cases already decided otherwise may be treated as closed and need number be opened again. The petitioner in Writ Petition No. 31.1.82. 1285 of 1986. 1960 Orders were issued on 2.8.1960 numberifying Railway Serv ices Authorised Pay Rules, 1960. 1575 of 1986, 352,361 and 1165 of 1989. Petitioners in Person in SLP 8461 of 1986 and W.P. If the pensioners who retired prior to the specified date had to earn pension on the average emoluments of 36 months salary just preceding the date of retirement, natu rally the average would be lower and they would be doubly hit because the slab system newly introduced was number avail able to them while the ceiling was at a lower level and thus they would suffer triple jeopardy, viz.,
lower average emoluments, absence of slab system and lower ceiling. All the petitioners except petitioner No. The scheme was made applicable from 1.4.57 because the financial year companymences from April each year. 1285, 1575/86, 352,361 1165 of 1989. This was ex tended upto 31.12.60 to enable the companycerned employees to companye to a companysidered decision whether to retain the P.F. 10.82 Orders were issued by Board on 30.4.82 ordering that a portion of Dearness Allowance will be treated as pay for retirement benefits w.e.f. P 1, the words that in respect of the government servants who were in service on March 31, 1979 and retiring from service on or after that date and in Ex. The petitioners in Writ Petition No. 40 of 1986. These new pay scales were effective from 1st July, 1959. Shanti Bhushan, Mrs. Swaran Mahajan, Ms. Anuradha Maha jan, Mrs. Rekha Pandey, Jayant Bhushan, Badri Das Sharma, V. Francis, Ramesh Babu, Ms. Santosh Paul and G. Prakash, for the Petitioners in W.P. The P.F. Sharma, R.B. The petitioner in Special Leave Petition Civil No. Kapil Sibal, Additional Solicitor General, R.B. No. Writ Petition No. Datar, Mukul Mudgal, C.V. Subba Rao, B.D. From the Judgment and Order dated 31.3.1986 of the Central Administrative Tribunal, New Delhi, in Original Appln. Mishra, B.K. Both the memoranda shall be enforced and implemented as read down as under In other words, Ex. AND Writ Petition Nos. 5 in W.P. P. Saxena for the Intervener. This analogous cluster of five writ petitions and one special leave petition involves a companymon question of law. retirees were number in mind. By the Memorandum of the Ministry of Defence bearing No. Prasad and A.M. Khanwilkar for the Respondents. The Judgment of the Court was delivered by N. SAIKIA, J. CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No. Under Article 32 of the Constitution of India . | 0 | train | 1990_212.txt |
This petition under Article 32 of the Constitution of India is filed by the petitioners who were employees of the Indian Oil Corporation Limited Assam Oil Division and retired prior to 1st December 1994. 2001 Supp 3 SCR 140 The Judgment of the Court was delivered by SHAH, J. | 0 | train | 2001_544.txt |
87,373 in installments with interest at 7 p.a. In case an installment is number paid by the transferee by the 10th of the month following the month in which it falls due, a numberice shall be served on the transferee calling upon him to pay the installment within a month together with a sum number exceeding such amount as may be determined by the Estate Officer, by way of penalty. 2950/94. 1,63,456. Therein it was specifically stated that the balance due with interest and penalty was Rs. Admittedly, he companymitted default in payment of installments till numberice was issued on November 25, 1993. 1,16,000. 28 situated in Phase I, Urban Estate, Sahibjada, Ajit Singh Nagar Mohali . As a matter of policy the appellants have been imposing 10 penalty and 7 interest on delayed payments. He paidthe initial l/4th amount, namely, Rs. If the payment is number made within the said period or such extended period as may be allowed by the Estate Officer, number exceeding three months in all from the date on which the installment was originally due, the Estate Officer may proceed to have the same recovered as an arrear of land revenue or to take action under section 10. 75,000 deposited from time to tune as per the orders of the Court and the balance of Rs. By his letter dated December 1, 1993 the respondent admitted the liability and asked 20 days time for payment and also sought for reduction of rate of interest and penalty. At an open auction companyducted by the appellant the respondents, admittedly, became higher bidder for a sum of Rs. He entered into an agreement on November 24, 1981 and got allotment of booth No. This being the rule position and having agreed with the rule position, the High Court case number justified in interfering with the action taken by the appellants. Yet he did number pay even the principal amount. 1995 2 SCR 1150 The following Order of the Court was delivered Leave granted. This appeal by special leave arises from the order of the High Court of Punjab Haryana dated 26.4.1994 made in C.W.P. Instead he went to the High Court and filed the Writ Petition challenging the numberice. Feeling aggrieved, against that order this appeal has been filed. No. | 0 | train | 1995_306.txt |
It has multi locational manufacturing units and each of them is said to be headed by senior officials of the companypany, who were responsible for the companyduct of its business. Inter alia on the premise that the samples companylected from the manufacturing unit of appellants at Solapur were found to be adulterated in terms of Rule 62 1 of the Prevention of Food Adulteration Rules, 1955 in short 1955 Rules providing for restriction on the use of anti caking agents, a criminal companyplaint was filed in the Court of the Judicial Magistrate, First Class at Akkalkot, Solapur. Whether an application under Section 482 of the Code of Criminal Procedure, 1973, for short the Code can be dismissed only on the premise that an alternative remedy of filing a revision application under Section 397 of the Code is available, is the question involved herein. They filed an application under Section 482 of the Code, which by reason of the impugned judgment and order dated 21st December, 2006 has been dismissed, stating The jurisdiction under section 482 of the said Code has to be exercised sparingly and only in exceptional cases. First Appellant is a companypany incorporated and registered under the Companies Act, 1956 and is engaged in the business of manufacturing Gutkha. 2 and 3 are the Chairman and Managing Director of the companypany. Cognizance was taken thereof and summons were issued to the appellants. It is said to be a large organization. By an order dated 30th April, 2007 a limited numberice was issued. B. SINHA, J. Appellant Nos. Leave granted. | 1 | train | 2008_2443.txt |
The English translation supplied by the appellant at Annexure P 3 reads thus From the balance stock of molasses with each sugar mill, 20 of molasses shall be reserved for the distilleries manufacturing companyntry liquor. The sugar mills having their own distilleries shall number be companyered with this reservation to the extent that after the actual companysumption of molasses in their captive distillery, 20 reservation shall be applicable on the balance stock. Clause 3 of the said order relates to supply of 20 molasses for manufacturing companyntry liquor. The appellant has sugar mill in the State of Uttar Pradesh and has also a distillery. Since the writ petitioner did number have balance or extra stock of molasses for being supplied to distilleries for manufacturing companyntry made liquor, the Authorities companyld number companypel the writ petitioner to supply molasses as directed in various Government Orders and Letters. The High Court in its order reproduced the said clause which is in Hindi and reads thus PRATYEK CHINI MILL KE SHEERE KE AWASHESHA STAAK ME SE DESHI MADIRA KE LIYE 20 PRATISHAT SHEERE KA AARKSHAN EISI AASHWANI YO KE LIYE HOGAA JO USKAA UPYOG DESHI MADIRA UTPADAN ME KAREGI. AISI CHINI MILE JINKI SWAYAM KI BHI AASHWANIYA HAI, UKTANUSAR KIYE JA RAHE SHEERE KE AARAKSHAN SE OOS SEEMA TAK BAHAR RAHEGI KI CHINI MILL SAH AASHWANI DWARA SWAYAM KE VASTAVIK UPBHOG KE ATIRIKT JO SHEERA BACHATA HAI, OOS PER 20 PRATISHAT KA AARAKSHAN LAGOO HOGA. Majithia Messrs, Saraya Distillery, Sardarnagar, Gorakhpur. The Company had, therefore, obtained permission from the Government for import of molasses from other States as also other Countries. The stand of the Government before the High Court was that in accordance with the provisions of the Act and the Uttar Pradesh Sheera Niiyantran Niyamavali, 1974 hereinafter referred to as the Rules , it was open to the Authorities to ask the writ petitioner to supply 20 molasses for the purpose of manufacturing companyntry liquor. As the said action was in companysonance with law, the Company was bound to supply 20 molasses for the said purpose and the action companyld number be termed as illegal or unlawful. The main challenge of the writ petitioner was that though the Company was producing molasses, the entire production was required by the Company itself which was used for captive companysumption and even that was number sufficient. The writ petitioner also challenged companysequential action of issuance of show cause numberices as to why it should number be prosecuted for companymitting offences punishable under the Act since it has number companyplied with the orders issued by the Authorities and has number supplied 20 molasses for manufacturing companyntry liquor. It is also having a similar business at Asmouli, District Moradabad, Mansurpur, District Muzaffarnagar and Rozagaon, District Barabanki The writ petitioner approached the High Court by invoking Article 226 of the Constitution against the respondents for issuance of appropriate writ, direction or order quashing certain Government Orders said to have been passed by the Authorities under the Uttar Pradesh Sheera Niyantran Adhiniyam, 1964 Act XXIV of 1964 hereinafter referred to as the Act directing the writ petitioner to supply 20 of the molasses produced by the sugar mills for manufacturing companyntry made liquor by distilleries for the financial years 2003 04 and 2004 05. The appellant M s Dhampur Sugar Mills Ltd. Company for short is a Public Limited Company incorporated under the Companies Act, 1956 having its registered office at Dhampur Bijnor . Wahi, Indian Sugar Mills Association, Uttar Pradesh Branch, Sri Niwas, I, Kabir Marg, Lucknow. The distillery manufactures ethyl alcohol, used for blending of petrol, manufacture of chemicals and rectified spirit for medicines. Sri L.N. Sri B.C. Three representatives of Distilleries Sri Bansi Dhar, Director, Managing Agents, Messrs Delhi Cloth General Mills Co. Ltd., Bara Hindu Rao, Post Box No.1039, Delhi. Kohli, Ganga Sugar Corporation Ltd., Deoband, district Saharanpur. Sri D.S. 1369 of 2004. It was companytended that since the above directives companyld number have been issued by the Authorities, issuance of show cause numberices as to why the writ petitioner should number be prosecuted also were number legal and the prosecution should be quashed. By the said order, the High Court dismissed the writ petition filed by the writ petitioner appellant herein. It was also the case of the writ petitioner that the State Government ought to have companystituted Advisory Committee under Section 3 of the Act. Such action was improper, illegal, arbitrary and unreasonable, inconsistent with the provisions of the Act as also violative of Articles 14 and 19 1 g of the Constitution. The action was also against public policy reflected in Article 47 of the Constitution. It was also companytended by the respondents that an alternative and equally efficacious remedy of filing an appeal under Section 9 of the Act was available to the Company and hence writ petition was number maintainable. 4137 OF 2005 K. THAKKER, J. On merits, the learned companynsel for the appellant drew our attention to an order dated June 9, 2004 which was relied upon by the High Court for dismissing the writ petition. The present appeal is directed against the judgment and final order passed by the Division Bench of the High Court of Judicature at Allahabad dated October 29, 2004 in Civil Miscellaneous Writ Petition No. On May 2, 2005, numberice was issued by this Court. Facts in nutshell giving rise to the writ petition as well as present appeal may number be stated. The matter appeared on Board thereafter from time to time and ultimately on March 2, 2007, the Registry was directed to place the matter for final disposal on a number miscellaneous day. The High Court was, therefore, right in overruling the preliminary objection raised by the respondents. That is how the matter has been placed before us. ARISING OUT OF SPECIAL LEAVE PETITION CIVIL NO. Leave granted. | 1 | train | 2007_702.txt |
The appellant, who was working as a Village Officer, before the abolition of the hereditary village offices, was suspended from service in 1976 and ultimately removed on 25.12.1978. In the disciplinary enquiry in relation to certain other charges referred to above, the appellant was removed from service on 25.12.1978 as stated above However, it appears that later the appellant was reinstated on 14.3.1980. The Village Officers posts were abolished with effect from 6.1.1984 but the appellant was companytinued on the post till new recruitments were made under the 1990 Rules. The appellant has undergone the said sentence. There was also a criminal case in companynection with an incident in which the appellant is said to have attested a loan form which was presented by another person impersonating as one of the villagers. When the selection took place for fresh appointment under the 1990 Rules, the appellant was number selected by the Revenue Divisional Officer vide order dated 7.3.1992 while the 5th respondent was selected. The appellant approached the Administrative Tribunal which dismissed his application on 2.8.99 and the said order was companyfirmed by the High Court on 11.8.99 in writ petition. J. Rao and S.V. Patil, JJ. But the High Court reduced the said sentence to one week. The loan was taken by that person from the State Bank of India. The appellant filed an appeal and the appeal was allowed by the District Collector on 21.8.1993. The appellant was companyvicted for one month rigorous imprisonment by the trial companyrt. In further appeal the Commissioner set aside the said order. This appeal is filed against the said order of the High Court. Leave granted. | 1 | train | 2000_778.txt |
Some appeals were preferred before 29.10.2002, and one of the appeals was preferred after 29.10.2002. All the orders under challenge, had been passed by the Securities Appellate Tribunal before 29.10.2002. Appeals had been preferred by the Board, before the High Court assailing the orders passed by the Securities Appellate Tribunal. The High Court, through the impugned order had examined Section 15Z of the SEBI Act as amended by the Securities and Exchange Board of India Amendment Act, 2002 . The Board which had preferred the appeals, asserted, that all the appeals were maintainable. On 22 1 1951 the lower companyrt ascertained the value as stated above. Through the present Civil Appeal number 117 of 2005 arising out of Special Leave Petition Civil number 3221 of 2004 , the appellant has impugned the order passed by the High Court of Judicature at Bombay hereinafter referred to as, the High Court , on 13.10.2003. The High Court thereafter granted leave to appeal on 1 10 1951, overruling the objections raised by the plaintiff to the grant of such leave. | 0 | train | 2015_540.txt |
Panchal, DE 11560/7016759 PGMTD Vadodara Sh. Mishra, DE 12277/7021009 PGMTD Vadodara Sh. Patel, DE 11719/7021051 PGMTD Surat The BSNL C.O. J.R. Sathwara, DE 10913/7005735 PGMTD Ahmedabad Sh. 5 DE, O o PGMTD Surat has number received from Vigilance Cell of BSNL and therefore the officer shall be given only provisional pension and the DCRG and CVP shall be withheld till the companyclusion of the vigilance/ disciplinary case as per CCS Pension rules 1972. There were numbercriminal proceedings on 01.08.2008. Chaniyara, DE 13808/7025957 GMTD Rajkot Sh. If any such case companyes to numberice, only provisional pension shall be granted to the officer s and his DCRG and CVP shall be withheld till the Vigilance clearance is accorded. 35/1/2007 Pers 1 date 3.7.2008 and on approval of the companypetent authority, the following officers of STS of Executive Grade adhoc permanently abscribed in BSNL are permitted to retire from BSNL services on attaining the age of superannuation w.e.f. In accordance with BSNL New Delhi order No. Investigating officer had submitted A summary before the Principal District Sessions, Judge, Banaskantha, Palanpur, who refused to accept the summary. DCRG and CVP, which, was rejected, on the basis that the criminal revision petition, filed by the State, against the order of the trial Court refusing to accept the A summary was disposed of and that after the order of the High Court and Vigilance clearance the amounts were paid. working unit Sh. ND has intimated that the vigilance clearance in respect of Shri M.A. The High Court in the writ petition, filed by the appellants, has reasoned that on 01.08.2008 the applicant was to retire on superannuation on 31.07.2008 , there were numbercriminal proceedings against him. The Signature Not Verified Tribunal by the impugned order quashed order dated Digitally signed by SANJAY KUMAR Date 2019.03.08 131718 IST Reason 12.03.2013 and directed the appellants to pay interest at the rate applicable to the Provident Fund deposits for the delay occurred in payment of DCRG and Commuted Value of Pension hereinafter referred to as the CVP from 01.08.2008 till the date of payment. It reads as follows Sub Retirement on superannuation of 31.7.2008 A N Cases of officers of STS of Executive Grade Ad hoc Regarding. The first respondent hereinafter referred to as the applicant , who filed the application before the Tribunal was granted provisional pension by proceeding dated 04.08.2008. Paatel, SL. On 30.03.2012 the criminal revision application, filed by the State, was allowed according sanction to the investigating officer to file A summary report before the trial Court. He approached the Tribunal and the Tribunal directed payment of interest. Though, the Anti Corruption Bureau hereinafter referred to as the ACB had registered a case against the applicant, the investigating officer, however, had found numberevidence against him. It will relate back to the date of filing of A Summary, which is prior to the date when the respondent retired. It may please be ensured that there is numberVig/ Disc case pending or companytemplated against any of the above officer mentioned above as on the date of retirement. M.A. 31.7.2007 A N .
Name of Officer Staff No. The applicant applied for interest on pensionary benefits i.e. Muddamal currency numbere be companyfiscated to the State. All that the High Court in its order has done directing the authority below, which is produced at page number219 at Para 14, which read as under The report made to the Court below by the investigating officer was, therefore, made under Section 173 of the Code and the Court was required to pass an order under Section 173 4 of the Code, which the Special Court has failed to do. ERP Present No. More particularly, in the year 2007, when the Criminal Revision Application was filed before this High Court. The High Court, inter alia, held as follows We are unable to accept the said submission as narrated hereinabove. N.N. Copy of the charge relinquishing report may be sent to this office in respect of all companycerned. This appeal by special leave is directed against the judgment of the High Court in Special Civil Application filed under Articles 226 and 227 of the Constitution of India by the appellants wherein appellants challenged the order dated 29.10.2013 passed by the Central Administrative Tribunal hereinafter referred to as the Tribunal . The State of Gujarat thereupon challenged the order. M. JOSEPH, J. B.P. P.P. Rule is made absolute to the aforesaid extent. | 1 | train | 2019_196.txt |
Ltd. and MR.
Jayavantraj Punamiya, Director of M s Sundeep Plastics Pvt. D/8 and AB/14, situate at Nandanvan Co operative Industrial Estate Ltd. at Thane. The companypromise memo annexed as Annexure A at page 21 of the paper book records that We, the undersigned Shri Harshan A. Mehta, Director of H. Choksey Co. Pvt. Ltd. do hereby appoint Shri Mohanlal S. Mehta to sell 2 galas being No. The appellate Court refused to record the companypromise and on revision, it was dismissed. It is number in dispute that while the appeal was pending an application under Order XXIII, Rule 3, CPC was filed for recording the companypromise. This appeal by special leave arises from the judgment and order dated January 10, 1997 passed by the Bombay High Court in Civil Revision Application No.9/97. Thus, this appeal by special leave. Leave granted. | 0 | train | 1997_223.txt |
On knowing the order passed by learned Single Judge in the Civil Revision, the review application was filed specifically pointing out that numbernotice had been issued before disposal of the Civil Revision. Challenge in this appeal is to the judgment and order dated 7.2.2003 in Civil Revision No.144/2003 and the order dated 23.4.2004 in Review Application Misc. 24398 of 2004 ARIJIT PASAYAT, J. 574/2004, passed by a learned Single Judge of Madhya Pradesh High Court at Jabalpur. Civil No. Though various points were urged in support of the appeal, the primary stand was that Civil Revision filed under Section 115 of the Code of Civil Procedure, 1908 in short the CPC was allowed by the learned Single Judge even without issuing numberice to the appellant. Arising out of S.L.P. C No. Leave granted. | 1 | train | 2006_530.txt |
At about 1.30 a.m. when he got down from the Rikshaw and went to the pan shop to purchase pan and cigarette he discovered when he wanted to pay the price of the pan and cigarette that somebody had picked his pocket and his purse was gone. Both Shamim and the Appellant were companyvicted. The prosecution case was that on the Vijayadashmi day in 1964, Jagdish Kumar Sinha alongwith his friends had gone to Mahalla Pathar Ki Masjid to see the procession. B. Sinha, S. S. Jauhar and K. Sinha, for the appellant. It appears that before the Sub Divisional Magistrate a joint petition of the owner of the purse Jagdish Kumar Sinha and the Appellant for permission to companypound the offence was filed under Sec. They succeeded with the help of the members of the public in catching the Appellant who had immediately passed the money from the purse to his associate Shamim who however escaped. The Appellant was companyvicted under Sec. 56/ in currency numberes. N. Misra, K. K. Sinha, B. 20 of 1958 here inafter called the Act was denied to the Appellant Qayum. 290 of 1968. 1583 of 1967. He had in the pocket of his pant a purpose companytaining Rs. He raised a hue and cry and seeing that two boys were running, he and his friends chased them. 345 2 of the Indian Penal Cod, , but it is said numberorder seems to have been passed on it and the Appellant was companyvicted as aforesaid. This Appeal is by Special Leave against the Judgment of the Patna High Court exercising its Revisional jurisdiction by which the benefit of the provisions of the probation of offenders Act, 1958 Act No. 379 of the Indian Panel Code and sentenced to rigorous imprisonment for six months. Thereafter he filed a Revision Petition against his companyviction and sentence in the High Court of Patna where, as appears from the Judgment of that Court, the only point ,that was urged on behalf of the Appellant was that on the date when the revision came on for hearing the Appellant was below 20 years and the benefit of the provisions of the Act should have been given to him. Appeal by special leave from the judgment and order dated August 8, 1968 of the Patna High Court in Criminal Revision No. CRIMINAL APPELLATE JURISDICTION Criminal Appeal. Goburdhun, for the respondent. The Judgment of the Court was delivered by Jaganmohan Reddy, J. | 1 | train | 1971_488.txt |
Longshree and Chandan Giri. Ka16 of Hiralal and Aidal Singh. Longshree and Chandan Giri in the incident. Longshree PW5 and Chandan Giri PW3 respectively. Longshree and Chandan Gir. According to the doctor, the injuries to Hiralal, Aidal Singh and Chandan Giri companyld be caused by gun shots while injuries to Smt. Contusion 3 cm x 1.5 cm on the left shoulder. and started firing as a result of which her husband Hiralal and Chandan Giri were injured. Longshree, wife of Hiralal and another injured PW3 Chandan Giri credible and trustworthy. Abraded abrasion 1.5 cm x 1 cm on the left elbow on the front. Longshree and found the following injuries on person Contusion 4 cm x 1/5 cm on the left shoulder. They started indiscriminate firing and in the process they killed Hiralal and Aidal Singh and injured Smt. Contusion 6 cm x 1 cm on the left side of back. They had looted a licensed gun and other articles and in the process they had also killed Hiralal and Aidal Singh and injured Smt. The miscreants also entered the house of Hiralal and caused injuries to Aidal Singh and others who were inside the house. Abraded abrasion 5 cm x 1.5 cm on the left elbow on the outer side. Inside the house, the miscreants injured her and Aidal Singh as well. Abraded abrasion 1/5 cm x 5 cm on the right elbow in the front. Abraded abrasion 1 cm x 5 cm on the right wrist in the front. Aidal Singh, the younger brother of Hiralal and the ladies of the family were inside the house. In this case, all the witnesses have categorically stated that the accused persons companymitted dacoity and killed Hiralal and Aidal Singh and injured Smt. Abraded abrasion 10 cm x 5 cm on the left hip on the upper part. The Tehsildar Magistrate also obtained the thumb impression of Aidal Singh and signature of Hiralal on the statements before him. Incised wound 1.5 cm x 5 cm x stomach cavity deep on the right side of the stomach, 10 cm away from the middle on the outer aspect. Aidal Singh in his dying declaration specifically named Sukhpal Singh as assailant who had fired at him and Hiralal named Sukhpal, Harpal and Ajanti whom he had identified and who had fired shots at him. Contusion 10 cm x 2 cm on the right side of the back, 7 cm below lower angle of scapula. The High Court has altogether failed to deal with the dying declarations of both the deceased Hiralal and Aidal Singh. Incised wound 1.5 cm x 1 cm x stomach cavity deep on the left side of the stomach, 10 cm away from the midline towards outer aspect. Later on, both Hira Lal and Aidal Singh succumbed to their injuries. Dr. Jha also examined Chandan Giri and found the following one injury on his person Lacerated wound 1 cm x 0.2 cm x muscle deep on the back of left hand. Accused Munna Giri was also known to him as the sister of Munna Giri was married in his village and in that companynection Munna Giri used to visit this village off and on. Abraded abrasion 6 cm x 3 cm on the left side of the back on 1/3rd lower part of the back and one cm below the shoulder bone. Longshree, PW5, wife of Hiralal deceased, is an injured eye witness. The trial companyrt found the testimony of Bhagwant Singh, PW2 brother of deceased Hiralal and Aidal Singh and PW5 injured eye witness Smt. The injury was found 1 cm in width and was cavity deep. Chandan Giri, PW3 also supported the entire prosecution version. He stated that the accused persons had also removed the licensed gun from the house of Hiralal. The doctor further stated that he had written a letter to Tehsildar Magistrate, Sikandrarao for recording the dying declarations of Aidal Singh and Hiralal and their statements were recorded. In the instant case, according to the prosecution version, two persons namely Hira Lal and Aidal Singh were killed and Chandan Giri, PW3 and Smt. Longshree PW5 wife of Hira Lal were injured. Longshree and looted licensed single barrel gun of Aidal Singh and some other articles, the details of which were number given in the FIR. She also stated that there was moonlight and lantern light and she companyld identify accused Ajanti, Munna Giri, Sukhpal and Harpal who were otherwise known to her. At that time, she was busy companyking food while her husband Hiralal was sitting in the chowk along with Chandan Giri and some others. The companydition of Hiralal and Aidal Singh was precarious and their dying declarations were recorded at Sikandrarao by Shri Ram Autar Saxena, Tehsildar Magistrate, PW9. Contusion 6 cm x 2 m on the right scapular region. PW3 Chandan Giri stated that on 1.9.1979 at about 7.45 in the evening, while he was returning from the temple after worshipping the deity, Chhabi Nath, a close relation of Hiralal who was sitting in front of the door of the house of Hiralal called him and he accordingly went to him where besides him Tikam Singh, Hiralal and Kundan Singh were also present. Longshree PW5, injured eyewitness clearly stated in her statement that she had recognized accused persons in the moonlight and the light of the lantern. The High Court in the impugned judgment has gravely erred in totally ignoring the dying declarations of Hiralal and Aidal Singh, particularly when the dying declarations were recorded by the Magistrate. Both the accused and Sukhpal were friends. One end of the injury was 6 cm away from injury number1 towards left while the other end of the injury was in the middle of injury number1. Out of the miscreants, he companyld identify accused Harpal, Sukhpal, Ajanti and Munna Giri who were otherwise known to him held fire arms in their possession. The accused persons were recognized in the light of lantern and moonlight. Stitched wound 7.5 cm in length and oblique in nature. Amongst the miscreants, accused Sukhpal, Harpal, two brothers, sons of Rabti Singh, Ajanti, resident of village Sikanderpur and Munna Giri, resident of Sitapur have been identified in the moonlight and the lantern light. Gupta, PW7 companyducted the post mortem examination of Hiralal and he found the following injuries on his person Stitched wound 12 cm in length companytaining six stitched on the middle of the stomach. It companytained seven stitched and it was also found to be 1 cm in width and it was also cavity deep. The miscreants uttered that they would destroy the family of Hiralal and they in fact took away the gun and some other articles. Chandan Giri, PW3 had executed a sale deed of some of his abadi land in his favour and in favour of his two brothers on 20.7.1979 for which agreement has been executed on 6.6.1979 and Chandan Giri after the execution of the sale deed parted with the possession of that land. She also stated that the accused persons had injured her. on 2.9.1979 at 4.45 p.m. companyducted the post mortem of Aidal Singh and he found the following injuries One gun shot wound of entrance 1 1/3 x x chest and abdominal cavity deep on left side front of chest, 4 below the left nipple. Longshree companyld be caused by some lathi or danda. The companyplainant has stated that Sukhpal and Harpal were his companysins and Ajanti was accuseds sarhu brother in law husband of the sister of the wife of accused Sukhpal . In her testimony, she clearly stated that at about 7.30 p.m. in the night, she was inside her house with the wife of Aidal Singh and along with the children of her family. Brief facts which are necessary to dispose of these appeals are recapitulated as under The prosecution version, as set up in the first information report by Shri Bhagwant Singh, PW2 is that on 1.9.1979 at about 7.45 p.m. in the evening, Hiralal Yadav, the elder brother of the companyplainant, Kundan Singh, Chhabi Nath Singh, Tikam Singh and Chandan Giri were sitting in the open area of the house of Bhagwant Singh. In the moonlight and lantern light they clearly identified them. On careful companysideration of the entire evidence on record, the following companyclusions are inescapable The impugned judgment of the High Court is based on total misreading of the evidence of the injured eye witnesses PW3 Chandan Giri and PW5 Smt. One triangular abrasion 2 x 1 x on the left of the back on the lower part. The accused persons were otherwise known to the witnesses. There was adequate moonlight and the light of the burning lantern. Before the execution of the said sale deed, accused Sukhpal got a sale deed of the same land executed in his favour from Chhauttan Giri and Jamuna Giri and for that matter proceedings under sections 107 and 145 of Cr. Multiple abrasions in area of 6 x 3 around injury number1. One gun shot wound of exit x cavity deep on right side on posterior axillary line. The eye witnesses have specifically stated that the accused persons had companymitted dacoity. She also stated that she had otherwise known the accused persons. The accused had also taken away the licensed gun and other articles. There was adequate light in which they had recognized these accused persons who were otherwise known to them. While they were sitting there, some miscreants came on the spot armed with guns and other weapons. There was moonlight and lantern light at the spot where the incident had taken place. According to the doctor, injuries number1 to 4 were surgical injuries. The prosecution has based its case primarily on the evidence of the injured witnesses Smt. Pus was found inside the stomach. The cause of death was peritonitis due to gun shot injury. He also stated that there were 10/15 persons armed with double barrel guns. No tattooing, numberblackening was found in the injuries. About 8 or 10 miscreants had entered her house armed with guns, lathis and kattas etc. In the instant case, all the witnesses have stated that they had otherwise known the accused persons and they were number strangers to them. It is further disclosed in the FIR that the miscreants inquired about the property articles from Smt. The injured eye witnesses were medically examined on the same night at the Primary Health Centre, Sikandrarao by Dr. S.K. According to the prosecution, they remained on the spot with other miscreants for about half an hour. Shri Ram Autar Saxena PW9, Tehsildar Executive Magistrate , Sikandra Rao stated that on 1.9.1979, he had recorded the dying declarations Ex. The miscreants made their escape good from the spot. In the cavity of the stomach, about half pint clotted blood was also found wherein about 3 oz. The accused persons in their statements under section 313 Cr. The High Court erred in discarding the evidence of the injured eye witnesses whose statement is companysistent and companyroborated by other evidence on record. The case against the accused persons was registered and investigated. Ka.13 and Ka.14. Jha, posted as Medical Officer Primary Health Centre, Sikandra Rao on 1.9.1979 examined Smt. Injury number1 companyld be caused by some firearm like gun and which was the cause of the death which occurred on account of shock and hemorrhage. It is stated that the incident had taken place on 1.9.1979 at 7.45 am and the FIR was lodged at 9.15 p.m. on the same night. They came for companymitting dacoity as mentioned in the FIR. Singh, PW4, on next day i.e. She was also medically examined and the doctor found number of injuries as enumerated in the preceding paragraphs. At that time, about 10 to 15 persons armed with companyntry made pistols, guns and other weapons entered the house of the companyplainant. The following findings of the High Court are also companytrary to the evidence on record But prosecution companyld number prove that dacoity took place and two deceased were murdered during companymission of dacoity. One pellet was also recovered from the stomach which was found empty. This finding cannot be supported by evidence on record. All the injuries were caused by some hard blunt object and were found to be fresh at the time of examination. Certain findings in the impugned judgment of the High Court are based on numberevidence, such as Thus, it is clear from the evidence on record that neither the appellants intended to companymit dacoity number dacoity took place. After firing, the criminals searched for articles in the house for half an hour. The injured were in fit companydition to make statements for which he appended his certificates Exs. This is quite companytrary to the evidence on record. They had known each other. The criminals remained in my house for half an hour. But all the appellants were charged for the offence of dacoity with murder. This finding also runs companytrary to the earlier finding of the High Court and is companytrary to the evidence on record. Jha. Upon internal examination, 8th, 9th and 10th ribs were fractured and the pleura of the left lung was also found torn in which clotted blood was also found. We have carefully analyzed the impugned judgment of the High Court and also the judgment of the trial companyrt and have also carefully perused the entire evidence on record. The witness proved his report Ex. He also stated that whatever was stated before him by the abovementioned two persons, he had reduced the same in writing as companytained in the two documents mentioned above and before recording their statements had satisfied himself that the deponents had obtained the certificates of the doctor as well Exs. Ka15 and Ex. were started and when there was much tension on that account, Hira Lal had reported the matter to the police and, companysequently, FIRs were lodged. So the aforesaid findings of the High Court are number based on evidence on record. He had obtained the thumb impression and signature of the deponents under their signatures after having recorded their statements which were read over to them. The High Court in the impugned judgment also erroneously observed that the chief intention of accused was number to companymit robbery, theft or extortion but to companymit murder and it was subsequent to the murder that they removed certain property dishonestly. The accused aggrieved by their companyviction by the trial companyrt preferred appeal before the High Court. The appellants were number strangers to the witnesses. 2311, 2234 and 2243 of 1980, by which the High Court has set aside the judgment of companyviction of accused respondents herein passed by the Additional Sessions Judge, Aligarh, U.P. The High Court has number companyrectly companystrued and analysed the evidence on record. The witness proved his postmortem examination report Ext. I had told them about the goods and that the entire kothi is open, search the goods. The trial companyrt analyzed the prosecution version and the defence version and came to the clear companyclusion that the prosecution has succeeded in establishing its case beyond shadow of doubt. The relevant portion of her statement reads thus The criminals had asked me about the goods kept in the house. Dr. S.K. Dr. K.A. of food mixed with blood companyld be detected. Dalveer Bhandari, J. Dr. B.N. In the impugned judgment, the High Court ought to have companysidered the entire case in companyrect perspective of the small rural village background where most of the people know each other. All the criminals were open faced. The High Court by the impugned judgment allowed the appeal. The State of U.P. aggrieved by the impugned judgment has preferred these appeals. These appeals are directed against the judgment dated 03.07.2000 passed by the High Court of judicature at Allahabad in Criminal Appeals Nos. The companyducting of test identification parade depends on the facts and circumstances of each case. pleaded number guilty and companysequently they were charged under section 396 IPC . They live in the vicinity. P.C. They had tied cloth on their heads. They had given beatings. | 1 | train | 2009_1567.txt |
The only witness to support the allegation of rape is the victim herself. Kirti PW 3 had stated in her evidence that the accused companymitted rape at 12.00 numbern but, in her statement recorded during the companyrse of investigation, her allegation was that she was raped by the accused at 06.30 A.M. To establish that the rape was companymitted without her companysent she has deposed that while she was subjected to rape she shouted, but numberody came to her rescue. During the companyrse of investigation, it surfaced that Kirti Chauhan received a telephone call from her sister Jitendra and her husband, the accused herein, who enquired about her marriage. During the companyrse of investigation, the statements of informant Prem Singh, his wife Pushpa PW 5 and their daughter Kirti Chauhan PW 3 were recorded. Kirti replied that her marriage was going to be held soon on which her sister companynseled her that the boy with whom her marriage is going to be solemnized is a vagabond and asked her number to marry him. The informant suspected that his elder daughter Jitendra had allured her. Sushila PW 12 , who examined the victim had also number supported the allegation of rape. He further disclosed that Jitendra had solemnized inter caste marriage with Babu Meena, the accused herein and was staying in Udaipur, Rajasthan. She further stated during the companyrse of investigation that the accused subjected her to sexual intercourse against her companysent. Kirti, as requested by her sister, came along with the accused and, according to her, she was treated well for companyple of days. Further, the report of the Forensic Science Laboratory also does number support the allegation of rape. However, Ramchandra Salvi PW 11 , the owner of the house in which the alleged rape took place has number supported the victim. The trial companyrt, on appreciation of evidence, came to the companyclusion that Kirti was more than 18 years of age and she had left the house voluntarily. Prosecution started on the basis of a first information report lodged by PW 4, Prem Singh, inter alia alleging that on 20th of April, 2005 his daughter Kirti Chauhan, aged about 16 years left the house and her whereabouts are number known. Accordingly, informant prayed that search be made to recover his daughter. Police, after usual investigation, submitted charge sheet and the accused was ultimately companymitted to the Court of Sessions to face the trial. They also told her that the accused will go to her and she should companye along with him. Taking into account the aforesaid infirmities in the case of the prosecution, the trial companyrt held that the prosecution has number been able to prove its case beyond reasonable doubt and accordingly, gave the accused the benefit of doubt and acquitted him of all the charges. CHANDRAMAULI KR. To bring home the charges the prosecution has examined altogether 12 witnesses besides a large number of documents were also exhibited. On the basis of the aforesaid information, a case under Section 363 and 366 of the Indian Penal Code was registered. State of Rajasthan, aggrieved by the order of the High Court refusing to grant leave against the judgment of acquittal, is before us with the leave of the Court. Aggrieved by the aforesaid decision, State of Rajasthan preferred an appeal and sought leave of the High Court for filing such an appeal. PRASAD, J. Dr. Smt. | 0 | train | 2013_753.txt |
accept the number of trees and value thereof it accordingly companyfirmed the award of the reference Court. This officer independently verified the number of those trees for which the companypensation was payable. A large extent of land admeasuring 43.14 acres was acquired together with the trees standing thereon. The Land Acquisition Officer in his award dated April 3, 1979 determined the value of the trees at Rs.2466/ . In support thereof, a self procured letter addressed by a merchant was brought on record and pressed for companyssideration of the value for trees. 25,39,919.50 and companyputed together therewith solatium and interest at Rs.76,21,630.30. When an appeal was filed against the reference Courts award and decree, the High Court, in the first instance, had adjudged the valuation of the trees and recorded the finding, companysidered the question in paragraph 23 and had held that the companytention that the companypensation for the value of trees fixed was meagre and unsustainable. The learned single Judge after companysidering the evidence afresh came to the companyclusion that the value of the trees was Rs. On reference under Section 18, the civil Court upheld the valuation given to the trees by award and decree dated March 27, 1980. In other words, the decree of a sum of Rs.2,466/ granted by the reference Court stood upheld and became final. 14 lacs and odd. In furtherance thereof, the appellants have paid the companypensation together with solatium and interest thereon on September 6, 1991 , i.e., a sum of Rs.15,000/ and odd and it was accepted by the respondents. An application came to be filed under Sections 151 and 152 CPC to companyrect the decree. When an appeal was filed, the Division Bench had held that since it is an amendment of the decree, LPA would number lie and accordingly it dismissed the appeal. The High Court had companysidered it and rejected the evidence as number reliable and, therefore, it was held that It can be safely said that it was a procured document. As a matter of fact on one of the occasions he had numbericed that main part of the land was submerged under water. The admitted facts are that numberification under Section 4 1 of the Land Acquisition Act, 1894 was published on December 10, 1964. These appeals by special leave arise from the order of the Division Bench of the High Court of Patna in LPA No.133 of 1995 dated November 28, 1994. When regular appeal was filed under Section 54 of the Act, the High Court had gone into the question and did number. At that time, the claim was number less than Rs. We have heard learned companynsel on both sides. Leave granted. | 1 | train | 1996_1313.txt |
States like Karnataka were swamped by tourist vehicles from all over the companyntry, registered in other States. Exemption from payment of tax was given to tourist motor cabs and tourist omnibuses registered in States other than the State of Karnataka and plying in the State of Karnataka under the authority of a permit granted under sec. The first of the numberifications issued by the Government of Karnataka was on September 18, 1972 and it exempted, from payment of taxes payable under the Karnataka Motor Vehicles Taxation Act 1957, tourist motor Cabs and tourist omnibuses registered in the States other than the State of Karnataka and plying in the State of Karnataka under permits which were valid without companynter signature in the state of Karnataka, provided that the tax payable in respect of such vehicles had been paid to the State in which the vehicles were registered and provided further that the said State granted similar exemption to tourist motor cabs and tourist omnibuses whose permits were endorsed in the State of Karnataka under Rule 123 A of the Karnataka Motor Vehicles Rules. 63 7 of the Motor Vehicles Act, issued numberifications specifying the number and class of tourist vehicles in respect of which each of the State Transport authorities of the States companyld grant All India permits. The last of the numberifications specified that each State Transport authority companyld issue 50 permits for tourist omnibuses. On July IS, 1976, the Government of Karnataka issued a numberification reducing the tax payable under the Motor Vehicles Taxation Act, 1957, in respect of tourist vehicles for which permits had been issued under sec. Pursuant to the request of the Central Government to which all the State Governments finally agreed, numberifications were issued exempting tourist vehicles holding permits under sec. Having obtained the permits, the operators with their vehicles flocked back to the parent State of the operators number of the vehicles or to a State like Karnataka where all companytract carriages having been nationalized numberprivate companytract carriage was available and there was therefore a great opportunity to ply the vehicles as companytract carriages within the State. After making an analysis of these 115 All India Tourist Buses, he found that 41 permits had been issued by the State Transport Authority of Manipur. These tourist vehicles practically companyonised Karnataka and like States and started operating more or less as stage carriages within the particular State, never and rarely if ever, moving out of the State. Once the permits were obtained and the vehicles were registered, these small States saw the last of the operators. and other private state carriage operators. The companycession given to the holders of all India permits by way of exempting the all India tourist Vehicles, registered in other States, from payment of the Karnataka Tax, if tax had already been paid in the home State was withdrawn by a numberification dated 31st March, 81. The respondent produces herewith statements as ANNEXURF.S 1 to 9 showing the clandestine operation of the vehicles companyered by All India Tourist Permits, the remarks and irregularities numbericed by the Motor Vehicles Inspectors while checking the vehicles companyered by All India Tourist permit, the frequent detection of these vehicles running as Stage Carriages by companylecting individual fares and picking passengers from one point and setting down them at another point and bringing different passengers in the return journey. 63 7 or endorsement granted under Rule 123 A of the Karnataka Motor Vehicles Rules. The operators run their tourist buses at fixed timings from particular place like the Stage carriages operated by the Karnataka State Road Transport Corporation hereinafter called the K.S.R.T.C. On checking of the vehicles and verification of the passengers, it was found that the passengers found in the vehicle were number genuine tourists and the drivers or the persons incharge of the vehicles were number in a position to produce the trip sheet, name list with whom they entered into companytract. The petitioners, who are transport operators holding all India permits, deny that any of them was guilty of any malpractice or misuse of the permits held by them. 17 had been issued by State Transport Authority Nagar Haveli, 8 by the State Transport Authority, Meghalaya and 5 by the State Transport Authority Nagaland. From the records of the check post he found that as many as 115 All India Tourist Buses are regularly playing on this route. Finally, the Government of Karnataka and the Governments of other states too were persuaded to agree to issue such numberifications. A large number of All India Tourist Buses operating with their base in Bombay appear to have been issued by Manipur Nagaland and the Union Territory of Dadra Nagar Haveli. Prior to 1969 there was numberconcept of what may be termed as An All India permit which would be valid for the whole of India and which would enable the holder of the permit to ply his companytract carriage throughout India. The Government of Karnataka was in particular opposed to the grant of any such exemption. 1854 60/81,2125, 2224, 2829, 3321, 3341, 3360, 3604, 4486, 3737, 3774, 4128, 4404, 4415, 4428, 4429, 4430, 4431, 4432, 4436, 4437, 6310, 7090 92, 7138, 7687, 9927, 8481 82, 6790 91182, 5356 64/83, 1868, 3929/81, 531 32, 533 534, 3957, 3975, 4574 4583, 8004, 8007 8008 and 8047/83, 5327, 5622 24, 7510 11, 8075/83, 7490 92/82, 2008, 2328/81, 2858, 2859, 4920 4923, 5616, 6065 73, 5818, 5193 5201/82, 8341 8343, 3149 50, 8381 8382, 9927/82, 377 378, 535/83, 8347 8348, 3560/83, 8003, 8005, 8006/83, 8787 8788/83 and 9011 13 of 1983. 63 7 from payment of tax, if tax had been paid in the home state. Desai, Harbans Lal, Swaraj Kaushal, N., Shroff, G.V. While the Governments of Andhra Pradesh, Bihar, Goa, Daman and Diu, Maharashtra, Nagaland and Uttar Pradesh readily agreed to issue such numberifications on the basis of reciprocity, there was numbersuch ready response from some other states. Vaidayanathan, N. Nattar, R.B. Sampath, Vineet Knmar, D.P. Bhat, K Verma, S. Ravindra Bhat, N. Ganpathy, C.S. In the meanwhile the Government of India, in exercise of its power under sec. Tawakley, S. Srivinasan, P.R. Ramlingam, S.R. Ramashesh, P.N. On 9/10th April 1983, the Transport Commissioner had personally visited the Charoti Check Naka which is our border check post bordering Gujarat on the Bombay Ahmedabad road. Rangam, V.G. Datar, A.V. Singh, Miss H. Wahi, B.N. Gupta, T.V.S.N. 11268 to 11271 of li 1981, For The Appearing Petitioners Shanti Bhushan, Y.S. Chitale, K.K Venugopal KN. On December 20, 1976, a further numberification was issued in partial modification of the earlier numberification dated September 18, 1972. Subba Rao, N.S. 11243 46 of 1983. Srivastava and Rathin Das For The Appearing Respondents P. Bhatt, V.S. Das Bahl and R.N. From the Judgment and order dated the 8th July, 1983 of the Karanataka High Court in Writ Petition Nos. Chari A.T.M. Poddar The Judgment of the Court was delivered by CHINNAPPA REDDY, J. Under Article 32 of the Constitution of India WITH Special Leave Petition Nos. The suggestion ran into trouble right from the start. ORIGINAL JURISDICTION Writ Petitions Nos. | 0 | train | 1983_174.txt |
Both Jai Pal Singh and Sheetal Singh brought Dalip Singh back to the rented accommodation. According to him, only Jai Pal Singh and Dalip Singh were drinking. Thereafter, Sheetal Singh accompanied by Jai Pal Singh went to the rented accommodation of Sheetal Singh since Jai Pal Singh had told him that a quarrel had taken place in the rented accommodation between Dalip Singh and the appellant. He denied having had a brawl with Dalip Singh and denied any knowledge of the events which resulted in the death of Dalip Singh. I did number see Gudu causing injuries to Dalip Singh, but I only numbericed him when he threw Dalip Singh near me in the bushes. Gudu then also gave beatings to Dalip Singh and threw him in the bushes. I companyld number see Gudu while throwing Dalip Singh in the bushes. To prevent the scuffle from escalating, Jai Pal Singh asked Dalip Singh to accompany him to Sheetal Singhs place of work so that Dalip Singh companyld spend the night over there away from the appellant. The appellant was charged with having companymitted the murder of Dalip Singh. Even though Jai Pal Singh may number have actually seen the attack, but it was clear that the appellant had hit and pushed Dalip Singh in the bushes after the attack on Jai Pal Singh. I had number seen the accused Gudu giving beatings to Dalip Singh with any thing and I also did number see the accused Gudu throwing Dalip Singh in the bushes. According to the prosecution, when Jai Pal Singh and Dalip Singh had walked about 50 60 yards, the appellant appeared from behind and hit Jai Pal Singh on the head with a thapi and pushed him into the bushes. When Dalip Singh fell down, his head had struck against the ground. It was also held that Dalip Singh died an unnatural death. However, he was of the view that the terms between them were number so strained as made out, otherwise there was numberreason for Dalip Singh to stay in the rented accommodation along with Sheetal Singh and Jai Pal Singh for about a year. However, the Trial Judge relied on the evidence of Jai Pal Singh and held that he had positively deposed that the appellant had attacked Dalip Singh. Thereafter, the appellant hit Dalip Singh with the thapi and pushed him also into the bushes. The Trial Judge numbericed the statement of PW 7 Rajinder Singh to the effect that there was some land dispute between the family of Dalip Singh and Jai Pal Singh and that they were on inimical terms. Later, Jai Pal Singh went to urinate and upon his return, he found the appellant and Dalip Singh involved in a scuffle. Jai Pal Singh did number sustain any serious injury and so he got up and went to inform Sheetal Singh about the incident. The Trial Judge also took numbere of the suspicion expressed by PW 7 Rajinder Singh that Jai Pal Singh may have caused the death of Dalip Singh but did number give much credence to this suspicion in view of the statement of Jai Pal Singh. He was living in a rented accommodation and for the last about one year, his brother PW 1 Jai Pal Singh and the deceased Dalip Singh his companysin brother were living with him. It was held that the appellants presence in the rented accommodation along with Jai Pal Singh and Dalip Singh on the intervening night of 12th and 13th November, 2003 was number in dispute. Around 8 p.m., the appellant, Dalip Singh and Jai Pal Singh planned to companyk some meat and companysume some whisky brought by the appellant. Sheetal Singh came with me to the scene of occurrence and on search, we found Dalip Singh lying in injured companydition at the place where quarrel had taken place outside the house of Sheetal Singh. Thereafter an ambulance was called and Dalip Singh was taken to the hospital where he succumbed to his injuries. During the companysumption of drinks and dinner, a minor brawl took place between the appellant and Dalip Singh as a result of Dalip Singhs refusal to companysume more whisky. It was argued before the Trial Judge that the sole eye witness, Jai Pal Singh had stated in his cross examination that he had number actually seen the appellant beat Dalip Singh or push him into the bushes. When they did number find either the appellant or Dalip Singh in the rented accommodation, they went to search for them and at that time, upon hearing some cries, they came upon Dalip Singh lying in the bushes. The appellant a companysin of Sheetal Singhs wife joined them in the rented accommodation about a week prior to the alleged murder of Dalip Singh by the appellant. At that time, Jai Pal Singh intervened and some sort of a truce was worked out. I alone went to Sheetal Singh and informed him about the occurrence. The attempt to shift the blame onto Jai Pal Singh was, accordingly, discounted. The High Court held that there was sufficient evidence to companyclude that numbere other than the appellant caused the death of Dalip Singh. The injuries suffered by Dalip Singh were found to be ante mortem and were as follows Two companytusions on forehead 2 cm. The doctor was of the opinion that Dalip Singh died due to hemorrhagic shock as a result of the ante mortem head injuries. Decision of the Trial Judge The Trial Judge analyzed the statements of the witnesses and the documents on record and companycluded that the appellant had murdered Dalip Singh. It was numbered that though the bloodstains on the pajama were number matched with the blood group of Dalip Singh, the appellant had failed to explain the bloodstains. On the intervening night of 12th and 13th November, 2003 Sheetal Singh was at work. Dalip Singh had sustained injuries on his head, which was bleeding and, therefore, we took him to Snowdon Hospital in an ambulance, where he was declared as dead. Jai Pal Singh stated in his examination in chief as follows When we were still going, Gudu also came from behind and gave me beatings with the help of a wooden stick and threw me aside in the bushes. In his cross examination, Jai Pal Singh stated as follows After sustaining hurt at the place of occurrence, I have fallen down to the depth of about 5 feet. The Trial Judge numbered that Jai Pal Singh was also injured and, as per the medical opinion, a blunt wooden stick companyld have caused his injury. Evidence of a hostile witness The prime question that we are required to companysider is the credibility of Jai Pal Singh since he was the only eyewitness to the crime and had turned hostile. The Trial Judge numbered the injuries on Dalip Singh as given by PW 16 Dr. Uvi Tyagi, Registrar, Department of Forensic Medicine, I.G.M.C., Shimla. The appellant admitted in his statement recorded under Section 313 of the Code of Criminal Procedure that he was residing with Sheetal Singh. The facts PW 2 Sheetal Singh was an employee of the Himachal Pradesh Transport Corporation, posted in a workshop of the Corporation at Taradevi in Himachal Pradesh. He was also of the opinion that the injuries companyld possibly have been caused by a wooden stick or thapi. He admitted his presence in the rented accommodation on the intervening night of 12th and 13th November, 2003 but denied having companysumed any drinks. This witness was then cross examined by the Public Prosecutor on the ground that he was suppressing the truth. A thapi is a wooden object shaped like a cricket bat used for beating clothes while washing . xxxxx Cross examination xxxxx by learned P.P. Learned Public Prosecutor is permitted to cross examine the witness. Later during his cross examination, it is recorded as follows At this stage, the learned public prosecutor seeks permission to cross examine the witness on the ground that the witness is suppressing the truth. In addition, the Trial Judge also numbered the disappearance of the appellant in the middle of the night from the place of occurrence and his being later located in his village. The Trial Judge also took into account the recovery, during interrogation, of a bloodstained pajama from the appellants house. above left eyebrow 2.5 cm. This pajama had human bloodstains as per the report of the forensic science laboratory. A grazed abrasion over the root of the numbere 2.5 cm. In fact, he stated that he had left Taradevi for his village before the alleged incident took place. Confronted with portion A to A with police statement of the witness Ext. The appellant did number produce any witness in defence. with regard to the actual position of beatings. In all, the prosecution examined 17 witnesses and also produced several documents and articles during the trial. My statement was recorded by the police. Keeping in view the substantial variation in the statement of the witness recorded in the companyrt and recorded under Section 161 Cr. in dimension, bluish in companyour. On opening the dressing which was companypletely soaked in blood surgically stitched wounds over the occipital region of the head. brownish in companyour. This gave room for suspicion with regard to the companyduct of the appellant post the incident. apart from each other each of size 1 cm. He pleaded number guilty and claimed trial. The appellant was apparently number traceable. Decision of the High Court Feeling aggrieved by the companyviction and sentence passed by the Trial Judge, the appellant preferred an appeal to the High Court. By a judgment and order dated 31.10.2007 passed by the High Court of Himachal Pradesh in Criminal Appeal No.562 of 2004, the companyviction of the appellant for an offence punishable under Section 302 of the Indian Penal Code was upheld. Heard. They were four in number. P.C. | 0 | train | 2012_755.txt |
19/78. 1922 of 1979. From the Judgment and order dated 7 5 1979 of the Disciplinary Committee of the Bar Council of India in D.C. Appeal No. Appellant ill Person and S. S. Khanduja for the Appellant. suspension from practice for one month is the punishment awarded by the trial tribunal and in appeal. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 1 | train | 1979_312.txt |
Under the tenancy the agreed rent was Rs. 47/8/ being half the rent for 1952 53.For the year 1952 53 half of the amount of rent due from him was paid in April 1956. For the year 1954 55 the tenant paid and the landlord received the rent on April 12, 1955. The Act applicable to the said application is Act LXVII of 1948 before its amendment in 1956, The position as regards the rent was that for the year 1951 52 the landlords had filed a suit for recovery of the rent and the tenant had paid Rs. As the tenant made default in paying the rent the appellants served him with a numberice terminating the tenancy. For the year 1953 54 the landlords filed an assistance suit and the tenant paid the rent on May 5, 1955. 95 for 1951 52 and Rs. The Mamlatdar dismissed the appellants application on the ground, that the tenant having paid up the rent due by him and there being numberarrears at the date of the institution of the application the appellants were, number entitled to an order of ejectment. 15.17/2, 1500/2 and 1500/4 situate in village Nangalwedha, District Sholapur. In the appeal filed by the appellants before the District Deputy Collector, it was held that though the, tenant had failed to pay the rent on the due date, the appellants. The appellants are the landlords and respondent I the tenant in respect of Survey Nos. having admittedly accepted all the rents due to them before the, institution of their application the defaulter were number wilful and the Deputy Collector had therefore the discretion number to order eviction. On March 12, 1957 they filed an application under section 29 of the Bombay Tenancy and Agricultural Lands Act LXVII of 1948 before the Mamlatdar for eviction and possession on the ground that the tenant had failed to pay rent on the due dates, that is, March the 20th of each of the years 1951 52 to 1954 55 and that therefore they were entitled to an order of ejectment under section 25 2 of the Act. 142 companyprised of Rs. 95 per year. The amount of Rs. 65 of 1962. 142 after his appeal against the decree passed against him was disposed of on June 8, 1956. there was numberground for interfering with the Tribunals order. P. Malhotra and P. C. Bhartari, for respondent No. S. Shukla, for the appellants. Appeal by special leave from the judgment and order dated October 16, 1962 of the Bombay High Court in Special Civil Application No. The appellants took the matter to the Revenue Tribunal. The Judgment of the Court was delivered by Shelat, J. 31 of 1965. CIVIL APPELLATE JURISDICTION Civil Appeal No. The appellants obtained special leave from this Court against the High Courts order and. that is how this appeal has companye up before us. | 0 | train | 1967_79.txt |
Briefly stated the facts are as follows The 1st Appellant was a member of Dalamal Tower Promises Co operative Society Ltd. As such member the 1st Appellant was the holder of 5 shares each bearing distinctive Nos. 904 on the 9th floor of the building known as Dalamal Tower situated at 211, Nariman Point, Bombay 400 021. The questions raised in this Appeal are a whether transfer of shares in a Co operative Society is subject to levy of stamp duty under the Bombay Stamp Act, 1958 and b whethe r the State Legislature has legislative companypetence to levy stamp duty on transfer of shares. 711 to 715. As such member the 1st Appellant was in occupation of office premi es No. By an Instrument dated 31st March, 1986 the 1st Appellant transferred in favour of Appellants Nos. LITTTTTTTJ This Civil Appeal is against the Judgment dated 16/17th February, 1989. N. VARIAVA,J. | 0 | train | 2000_597.txt |
Nil If manufactured from wastes of scraps of polyurethane foam or foam wastes or scrap of articles of polyurethane foam. 54/88 was further amended by substituting Sl. and entries shall be substituted, namely 39.09, 39.21, 39.23, 39.24, 39.25, or 39.26 Flexible polyurethane foam and articles thereof Rs. 39.09, 39.20 or 39.21 of the said Schedule during the immediately preceding month. 54/88 Central in the Table annexed to the said numberification. 2 of the Notification and by adding Sl. 15 ad valorem In 1989 Notification No. Excises dated the 1st P.11 March, 1988.
for S. No. 02 and the entries relating thereto, the following S. No. The 1989 amendment reads as follows No. 42 per after S. No. | 0 | train | 2004_46.txt |
D/3 and P/9 were the letters written by Suman. PW 6 is the brother of Suman. 20,000/ from her parents and they had told Suman that they will give Rs. 20,000/ as dowry from the parents of Suman through her and subjected her to mental cruelty in companynection with that demand. P/9 is the letter written by Suman to her father before her death and recovered from the house at Bhopal. The marriage between the appellant and Suman took place on 19.3.1991. 10,000/ with him with the idea to settle the dispute between the appellant and Suman. The very first sentence of the letter shows that the appellant and Suman were companyfortable and in the entire letter there is numbercomplaint or grievance of Suman whatsoever against the appellant. He also has stated that Suman had telephoned on 27.8.95 that her father should go to Bhopal as she was very much disturbed. D/3 dated 9.3.1995 written by Suman to her father and brother Similarly, numbermention was made about demand of dowry in her letter Exbt. P/7, he says because on that day he was to receive the dead body of Suman. P/9, said to have been written soon before her death there is numberevidence as to how father of Suman arranged money of Rs. He was asking his wife Suman to bring money from her parents and her parents were giving money to her from time to time. The prosecution case in brief was that the appellant married Suman on 19.3.1991 at Saharanpur in U.P. 20,000/ or 10,000/ PW 4 did number tell PW 5 after receiving telephone call from Suman on 27.8.1995 that any amount was demanded by the appellant. 20,000/ and whether there was the so called demand soon before the death of Suman was proved or number, the High Court should number have companycluded that Suman was subjected to cruelty for or in companynection with demand of dowry and that too when there was numberevidence to support the said companyclusion which resulted in grave companysequences. In June, 1995, Suman came to Saharanpur and told her mother that the appellant was demanding an amount of Rs. There was numbercomplaint of demand of dowry even in the letter Exbt. 20,000/ after making arrangement on 27.8.1995 at 7.30 P.M. Suman made a telephone call from Bhopal to Saharanpur and told her that the appellant was thinking of other girls and two girls had companye with him in the house and those girls caused marpit with her and, therefore, she should send her father with Rs. P/7 stating that he had number got written in that report that upto six months after the marriage, the behaviour of the appellant and Suman remained good. On the information from Dr. Anup Debey about hundred percent burns of Suman Bajaj on tlephone, Aishbag Police registered a case and F.I.R. Both the companyrts have found that Exbt. He companytradicts his own report made in Exbt. PW 4, mother of the deceased, has stated before the companyrt in her evidence that since after the marriage, the appellant was harassing the deceased in the month of June, 1995, the appellant had asked Suman to bring Rs. 20,000/ and she further told that the appellant had illegal relations with the girls of doubtful character and used to bring those girls to his house those girls had beaten her the appellant was ill treating and harassing her he subjected her to cruelty with the result Suman within a period of seven years of marriage companymitted suicide after burning herself by sprinkling kerosene oil on her on 28.8.95 in Nanak Complex, New Market, Govindpura at Bhopal. D/6 that when he and his father came to Bhopal, they had brought Rs. The moment you receive this letter, please companye at Bhopal immediately. Papa you please speak in support of your daughter. Papa Ji I am very much disturbed. 20,000/ as dowry without discussing the evidence on this point such as whether the parents of the deceased were capable of arranging for Rs. He was number able to say why it was number stated in the statement Exbt. 10,000/ . You please make a telephone when you companye. When he was questioned as to why material facts were number written in the report Exbt. Papa ji if you do number companye then I may do anything. When companyfronted, he was number able to say why they were number recorded in Exbt. Rest of the things shall be disclosed when you companye in Bhopal. You will number speak anything which may give support to Sunil and father in law. D/3 is a detailed letter running into three pages. Sunil taunts me daily that your mother and father are number going to ask about your well being. The appellant pleaded number guilty and his defence was that pecuniary companydition of the parents of the deceased was number good he himself is well off and had advanced money to the father of the deceased on several occasions he was unable to return the money to the appellant and that he was falsely implicated in the case. When there was serious challenge as to the demand of an amount of Rs. PW 1, Satyapal, in his evidence has stated that the appellant is a landlord and runs a shop his two brothers are on good posts in Air Force the economic companydition of PW 5, the father of the deceased, was numbermal the deceased whenever used to companye to village, did number make any companyplaint. If you like then you please being one brother. I will companye to receive you at the Railway station. Even so PW 5 states that he had carried with him Rs. 10,000/ at the time of incident there were material omissions. If you have a little care of your daughter then you will certainly companye. In cross examination, he has stated that he had number told the Magistrate at that time that he had brought Rs. Sunil has started bad work. The said letter reads as follows The further information is this that I am very sad. was lodged on 30.8.1995 under Section 304 B IPC. They give me threats. The appellant has filed this appeal, aggrieved by the order dated 19.8.2000 passed by the High Court companyfirming the order of companyviction passed under Section 304 B IPC and sentencing the appellant to undergo rigorous imprisonment for seven years by the trial companyrt. SHIVARAJ V. PATIL J. The High Court has simply companyfirmed the finding of the trial companyrt holding the appellant guilty of the offence. The prosecution in all examined 12 witnesses to prove the case. One defence witness was also examined. Leave granted. | 0 | train | 2001_979.txt |
Sanghi, learned senior companynsel for the respondants. The first question relates to the delay in filing the L.P.A. Goswami, learned senior companynsel for the appellants and Shri G.L. It is seen that learned single Judge passed the order on March 5, 1990 and certified companyy of the judgment was obtained by the companynsel appearing for the Government on July 12, 1990 and a letter was addressed immediately on July 31, 1990 directing the Government pleader to file the appeal. on the ground that there was inordinate delay of more than 200 days in filing the appeal. We have heard Shri N.N. We have heard learned companynsel on both sides. When the matter was re examined since a large number of cases were involved, new Government pleader opined on April 16, 1992 that it was a fit case for filing the appeal. Instead of filing the appeal, he had given the opinion two months thereafter on November 4, 1990 that it was number a fit case. The Division Bench dismissed the L.P.A. Accordingly, the learned Single Judge quashed the declaration Under Section 6. Accordingly, he did number file the appeal. Thus, this appeal by special leave. Leave granted. | 1 | train | 1996_1286.txt |
The learned Single Judge after hearing the parties vacated the ad interim relief. The respondent before surrendering filed a writ petition in the High Court on 23rd October, 1996 and obtained ad interim stay of the proposed order which had remained unserved. Thereafter, the respondent went in appeal before the Division Bench and again obtained ad interim relief on 10th January, 1997 which was extended from time to time. These appeals have been moved Also against various extensions of interim relief orders passed by the Division Bench pending the appeal. In our view, a very unusual order seems to have been passed in a pending appeal by the Division Bench of the High Court. Delay companydoned. A detention order under Section 3 1 of the COFEPOSA Act was passed by the authorities on 13th September, 1996 against the respondent. MAJMUDAR, J. The writ appeal has number been still disposed of. When the writ petition was filed, the respondent had number surrendered. We have heard learned companynsel for the parties. It is challenged by the Union of India in these appeals. Leave granted. | 1 | train | 1998_226.txt |
The appellant Delhi Gymkhana Club is a member club, duly registered under the Companies Act. In furtherance of the said numberification, the respondent ESI Corporation sought to apply the provisions of the Act on the appellant club, on the ground that the preparation of food items amounts to manufacturing process and that the appellantclub is a factory establishment companyered under the provisions of the ESI Act. Appellant club has a kitchen to companyk food items to provide food and refreshment to its members. Aggrieved, the appellant filed a petition in the ESI Court which, by a judgment dated 25.11.1986, while allowing the petition of the appellant club, held that preparation of eatables does number fall under manufacturing process and hence, ESI Act is number applicable to the appellant club and the appellant was number liable to pay companytribution. After issuing the show cause numberice, ESI Corporation passed the order on 4.8.1986 under Section 45 A of the ESI Act, holding that M s. Delhi Gymkhana Club Limited is companyered under the provisions of Employees State Insurance Act, directing the appellant to pay Rs.6,82,655.40 as a companytribution of insurance in respect of employees for the period from 1.02.1980 to 31.08.1985, along with interest 6 per annum. Short point falling for companysideration in this appeal is whether kitchen of the appellant club and catering section thereon companye within the meaning of factory and manufacturing process as defined in Employees State Insurance Act, 1948 for short ESI Act . On 20.03.1975, a numberification was issued by the Delhi Administration, in exercise of the powers companyferred under Section 1 5 of the ESI Act, stating that the provisions companytemplated under the Act shall be extended to the establishments specified in the Schedule thereon. BANUMATHI, J. Aggrieved by the same, respondent corporation preferred appeal before the High Court. | 0 | train | 2014_457.txt |
He joined the Commercial Taxes Department as Upper Division Stenographer. The appellant was temporarily appointed as an Upper Division Stenographer on 14.8.1976 on being sponsored through Employment Exchange. The appellant was posted as Senior Assistant Upper Division Clerk , which was said to be an equivalent post to Senior Stenographer Upper Division Stenographer . On the request of the appellant, he was re allotted to the Commercial Taxes Department on 25.7.1979 for appointment as Upper Division Stenographer. It was declared that the appellant had companypleted his probation satisfactorily in the cadre of Upper Division Stenographer on the afternoon of 19.8.1978. On 21.2.1980, the Deputy Commissioner of Commercial Taxes, Krishna Division, passed an order to the effect that the services of the appellant, a temporary Upper Division Stenographer in the office of the Deputy Commissioner T. , Vijayawada, who was selected and allotted to Krishna Division for appointment as Upper Division Stenographer by the Andhra Pradesh Public Service Commission are regularized in the cadre of Upper Division Stenographer with effect from 14.8.1976, the date of his first or temporary appointment, under Rule 23 a of the Andhra Pradesh State and Subordinate Service Rules. The appellant thereafter participated in a direct recruitment process of Upper Division Stenographers companyducted by the Andhra Pradesh Public Service Commission and was selected on 17.1.1979. A draft seniority list of Upper Division Clerks was published and objections were invited. Apparently, he did number implead any of the other Upper Division Clerks who would have been affected if his claim for being ranked at Serial No. He was allotted to the Department of Printing at Hyderabad. In other words, he opted to get allotted or transferred to the Commercial Taxes Department. 39 in the light of the order passed under Rule 23 a of the State and Subordinate Service Rules regularizing his service with effect from 14.8.1976, he filed an objection and a representation. Thereafter, the Tribunal rejected the claim of the appellant mainly on the basis that the appellant had sought a transfer to the Commercial Taxes Department from the Department to which he was originally allotted on selection and had thereby become junior most in the Department in terms of Rule 16 of the Andhra Pradesh Ministerial Service Rules. The Tribunal also did number accept the companytention of the appellant that his seniority should be companynted from 14.8.1976 in any event and number from 5.8.1980. Feeling aggrieved, the appellant approached the High Court of Andhra Pradesh. The appellant was shown at Serial No. Since his objection and subsequent representation did number yield fruitful result, the appellant approached the Andhra Pradesh Administrative Tribunal with a claim numbered as R.P. Claiming that he was entitled to be at Serial No. 5890 of 1997, set aside the orders of the Tribunal and remanded the claim of the appellant to the Tribunal for being decided afresh on merits after hearing the aggrieved parties who were before this Court. 3055 of 1987. But, it was clarified that his seniority will be decided in due companyrse. A petition for reconsideration of the question, filed by two persons who were affected, was rejected by the Tribunal. 23759 of 2004 K. BALASUBRAMANYAN, J. 39 was accepted. Feeling aggrieved, the appellant has companye up to this Court. This resulted in the affected persons, approaching this Court by way of a Petition for Special Leave to Appeal. CIVIL APPEAL NO 2299 OF 2007 Arising out of SLP C No. This Court by judgment dated 29.8.1997 in Civil Appeal No. Leave granted. No. | 0 | train | 2007_519.txt |
24,000/ agreed to be paid by the defendant to plaintiff as out of the sale price against delivery of possession and paid by the defendant to the plaintiff on March 25, 1949 when possession of the land and building was delivered to the defendant. 25,000/ paid by the defendant under the sale agreement, a sum of Rs. This part of the case Of the plaintiff was denied by the defendant. On March 25, 1949, the plaintiff received Rs. 1,400/ being the amount of mesne profits prior to the date of the suit the defendant do put the plaintiff in possession of the land and the building, and awarded to the plaintiff future mesne pro fits at the rate of Rs. 11,250/ being companypensation for loss suffered by him and directed that the plaintiff do get from the defendant companypensation for use and occupation at the rate of Rs. 80/ per mensem, and to the vendor of the plaintiff at the rate of Rs. 25,000/ received by him from the defendant must next be companysidered. Alleging that the agreement was rescinded because the defendant had companymitted default in performing the agreement and the sum of Rs. The plaintiff submitted that the entire amount of Rs, 25,000/ was to be regarded as earnest money, and he claimed to forfeit it on the defendants failure to carry out his part of the companytract. He accordingly directed that on the plaintiff depositing Rs. 25,000/ to the vendee, and the bargain shall be deemed to be cancelled. By an agreement dated March 21, 1949 the plaintiff companytracted to sell this rights in the land and the building to Seth Fateh Chand hereinafter called the defendant. 24,000/ and delivered possession of the building and the land in his occupation to the defendant, but the sale of the property was number companypleted before the expiry of the period stipulated in the agreement. The other question which remains to be determined relates to the amount of mesne profits which the plaintiff is entitled to receive from the defendant who kept the plaintiff out of the property after the bargain had fallen through. 25,000/ paid by the defendant stood forfeited, the plaintiff in an action filed in the Court of the Subordinate judge, Delhi, claimed a decree for possession of the land and building described in the plaint and a decree for Rs. On June 1, 1949, the defendant informed the plaintiff by a telegram that the latter was responsible for damages as he had failed to companyplete the companytract. The plaintiff by a telegram replied that he was ready and willing to perform his part of the companytract and called upon the defendant to obtain a sale deed. Then the vendee shall have to get the sale deed registered by the 1st of June, 1949. It was recited in the agreement that the plaintiff agreed to sell the building together with pattern rights appertaining to the land admeasuring 2433 sq. The southern boundary of the land was described in the agreement Bungalow of Murli Manohar Joshi. The trial judge held that the plaintiff bad failed to put the defendant in possession of the land agreed to be sold and companyld number therefore retain Rs. This sum of Rs. Why then did the defendant number insist that the terms pleaded by him be incorporated in the agreement ? The plaintiffs case as disclosed in his pleading and evidence was that he had agreed to sell to the defendant the leasehold rights in the land and building thereon purchased by him from Murli Manoharjoshi by sale deed dated April 21, 1947, that at the time of execution of the agreement the defendant had inspected the sale deed and the lease executed by the Improvement Trust dated January 30, 1947 and the sketch plan annexed to the lease, that the plaintiff had handed over to the defendant a companyy of that plan and had put the defendant in possession of the property agreed to be sold, but the defendant despite repeated requests failed and neglected to pay the balance remaining due by him and to obtain the sale deed in his favour. 25,000/ companysist of two items Rs.1,000/ received on March 21, 1949 and referred to in the agreement as earnest money and Rs. 25,000/ as damages, apart from the aforesaid sum of Rs. 25,000/less Rs. The companyditions of the agreement were I, the executant, shall deliver the actual possession, i. e. companyplete vacant possession of kothi bungalow to the vendee on March 30, 1949, and the vendee shall have to give another cheque for Rs. 1,12,500/ , and that Rs. 6,5001 as companypensation for use and occupation of the building from March 25, 1949, to January 24, 1950, and for an order directing enquiry as to companypensation for use and occupation of the land and building from the date of the institution of the suit until delivery of possession to the plaintiff. yards for Rs. 150/ per mensem, and that after the house in dispute was sold, the plaintiff received rent from that tenant at the rate of Rs. The defendant resisted the claim companytending inter alia that the plaintiff having companymitted breach of the companytract companyld number forfeit the amount of Rs. 24,000/ to me, out of the sale price. If, on account of any reason, the vendee fails to get the said sale deed registered by June, 1949, then this sum of Rs. Dr. Joshi companystructed a building on the land demised to him. Moreover, the vendee shall have to deliver back the companyplete vacant possession of the kothi bungalow to me, the executant. 106/per mensem. It is companymon ground that the defendant is liable for retaining possession to pay companypensation from June 1, 1949 till the date of the suit and thereafter under O. 25,000/received by him under the companytract. 25,000/ twenty five thousand mentioned above shall be deemed to be forfeited and the agreement cancelled. The defendant has appealed to this Court with certificate under Art. Chandrawati, widow of Dr. Joshi, as guardian of her minor son Murli Manohar, by sale deed dated April 21, 1947, sold the leasehold rights in the land together with the building to Lala Balkishan Daswho will hereinafter be referred to as the plaintifffor Rs. The trial Court assessed companypensation at the rate of Rs. 1,000/ wire paid to him as earnest money at the time of the execution of the agreement. 25,000/ paid by him in the event of failure to carry out the terms of the companytract were never intended to be acted upon and were incorporated in the, agreement at the instance of the writer who wrote the deed. 140/per mensem from June 1, 1949 till the date on which possession was delivered to the plaintiff such period number exceeding three years from the date of decree together with interest at the rate of six percent on the amount accruing due month after month. if due to certain reason, any delay takes place on my part in the registration of the sale deed, by 1st June 1949, then 1, the executant, shall be liable to pay a further sum of Rs. Each party blamed the other for failing to companyplete the sale according to the terms of the agreement. In appeal the High Court of Punjab modified the decree passed by the trial Court and declared that the plaintiff was entitled to retain out of Rs. It was clearly understood at the time of bargain that vacant possession of the entire area under sale will be given by your client. 140/ per mensem from the date of the suit until delivery of possession or until expiration of three years from the date of the decree whichever event first occurred. 1,000/ which were expressly named and paid as earnest money. 25,000/received by him number claim any companypensation. The plaintiff is number only entitled to mesne profits at the monthly rate fixed by the Trial Court, but is also entitled to interest on such profits vide s. 2 12 of the Code of Civil Procedure. By a registered deed of lease dated May 19, 1927, which was renewed on January 30, 1947, the Delhi Improvement Trust granted leasehold rights for 90 years to one Dr. M. Joshi in respect of a plot of land No. 3, E Block Qarol Bagh, Delhi, admeasuring 2433 sq. My client was anxious to put a wall on the side of Shri Murli Manohar joshi and when he was actually starting the work this difficulty of garage and latrine came in. From the evidence on the record it appears that a tenant was in occupation for a long time before 1947 of the house in dispute in this appeal and another house for an aggregate rent of Rs. 20, r. 12 c C. Code till the date on which the possession was delivered. C. Setalvad, Attorney General of India, L. Bagai, S. K. Mehta and K. L. Mehta, for the appellant. 63,000/ . yards. Mohan Behari Lal, for the respondent. 287 of 1960. The Judgment of the Court was delivered by SHAH, J. Appeal from the judgment and decree dated August 22, 1957 of the Punjab High Court in Circuit Bench at Delhi in Civil Regular First Appeal No. 37 D of 1960. January 15. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1963_0.txt |
The appellant had objected under Section 49 1 of the Act to the acquisition, companytending that the entire land including his factory and office building should be acquired, without which the Act should number be put in operation. Notification under Section 4 1 and declaration under Section 6, of the Act were published in the State Gazette acquiring land measuring 2 acres 46 cents approximately on Biaora village in Rajgarh District. Thereon, reference under Section 49 1 was made to the civil companyrt which by order dated April 29, 1969 held that the land proposed to be acquired did number form an integral part of appellants factory and office buildings and answered the reference accordingly. This appeal by special leave arises from the order of the Division Bench of Madhya Pradesh High Court dated July 30, 1974 in which it was held that an order passed by the civil companyrt on reference under Section 49 1 of the Land Acquisition Act 1 of 1894 for short the Act is number a decree and, therefore, an appeal would number lie therefrom under Section 96 of CPC. The appellants carried the matter in appeal to the High Court. | 0 | train | 1994_162.txt |
Series of charges were framed against him alleging that he had caused embezzlement of money of the Society. The matter by way of reference reached the Labour Court where the dismissal of the respondent from the Society was challenged. The award passed by the Labour Court was challenged by the appellant Society before the High Court of Punjab and Haryana. The Labour Court found that the enquiry was number done properly and there was numberproof to the effect that the respondent had caused embezzlement and the respondent was ordered to be reinstated in service with full back wages. The respondent herein was the Secretary to the Society, Hissar Central Co operative Bank. The award of the Labour Court directing the appellant to reinstate the respondent has thus become final. As regards this allegation, the respondent in his reply stated that this amount was given to him as advance by the Society pursuant to a resolution passed by it. The companynsel for the appellant points out that in the award passed by the Labour Court, it is number stated that the respondent had number companymitted any irregularity rather, the charges were number proved by producing satisfactory evidence. The enquiry officer found him guilty of the charges and he was thereafter removed from service. When the matter was admitted, the Division Bench was pleased to issue numberice only regarding the question of payment of back wages to the respondent. | 0 | train | 2003_49.txt |
8,72,409/ . 8,72,409/ as against the cheque which was for a sum of Rs. 8,72,409/ was said to be outstanding. A cheque for a sum of Rs. 693336 dated 30/4/2000 for Rs. The companyplainant by reason of the said numberice having demanded a sum of Rs. 17,74,238/ and a balance of Rs. 1 stating Your cheque No. It submitted bills for execution of companytractual work for a sum of Rs. 26,46,647/ . Pursuant thereto, it was to offer the entire sum of Rs. 1,00,000/ drawn on Federal Bank Limited, Indore was issued by Respondent No. 1 had made payments of Rs. 1,00,000/ has also been returned unpassed by the bank authorities with the plea that A C No. Upon presentation of the said cheque, it was number honoured on the ground that Respondent No. 1 had closed its account with the bank. 1461 has already been closed. As despite receipt of the said numberice, Respondent No. The numbericee was to respond to the said demand. 2924 of 2004. A numberice dated 31.10.2000 was sent by it to Respondent No. What was, therefore, demanded was the entire sum and number a part of it. 1 for rejection of the said companyplaint inter alia on the ground that the numberice issued by the appellant was number a valid one. Hence the undersigned is number free to take up any legal step against you to get the amount of my pending bills. 1 did number make any payment, a companyplaint petition was filed on 11.12.2000. Appellant executed the said companytract. A revision application filed thereagainst before the District and Sessions Judge, Neemuch was also dismissed. In view of the above, you are requested to remit the payment of my pending bills within 10 days from the date of receipt of this letter otherwise suitable action as deemed fit will be taken against you. 525 OF 2005 B. SINHA, J Failure on the part of the appellant to serve a proper numberice strictly in terms of proviso appended to Section 138 of the Negotiable Instruments Act for short the Act whether would lead to quashing of a criminal proceedings initiated by II Additional Sessions Judge, Neemuch on a companyplaint made by the appellant herein is the question involved in this appeal which arises out of a judgment and order dated 22.11.2004 passed by the High Court of Madhya Pradesh in Misc. 1 entered into a companytract with it for companystruction of a building and factory premises. The High Court, however, by reason of its impugned order, in exercise of its jurisdiction under Section 482 of the Code of Criminal Procedure Code , has quashed the criminal proceedings pending against it holding 15 days numberice having number been served upon Respondent No. Criminal Case No. CRIMINAL APPEAL NO. 1, the same was number valid in law. The said application was rejected. Appellant is a partnership firm. An application was filed by Respondent No. 1 in favour of the appellant. Respondent No. | 0 | train | 2007_1326.txt |
O.A. from 1978 when the juniors of his batch were promoted. In the order dated 25th January, 1988 the Tribunal allowed the prayer for quashing the adverse entries in the ACR for the year 1979 80 and granted the prayer for retrospective promotion to the selection grade from 1979 when the juniors of the respondents batch were promoted. 3046 of 1988 has been filed against the order dated 16.12.1987 of the Central Administrative Tribunal, Jabalpur Bench, in O.A. 3045 of 1988 has been filed against the order of the same Tribunal dated 25th January, 1988 in O.A. officer of the Madhya Pradesh cadre and a direct recruit of 1964 batch, under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs Quashing the adverse entries in the ACR for the year 1976 77 Annexure B and in the ACR for the year 1979 80 Annexure F .
Retrospective promotion in the selection Grade of the I.P.S. with effect from 7.11.81 when his juniors of the batch were promoted, with companysequential benefits including arrears of pay etc. Promotion to the post of Super Time Scale, to the rank of D.I.G. 102 of 1987 was filed by the same officer against initiation of departmental enquiry proceedings and issue of charge sheet on 22.4.1987 in respect of certain incidents that happened in 1975 76 when the said officer was posted as Commandant 14th Battalion, SAF Gwalior, By the order dated 16.12.1987 the Tribunal quashed the charge memo and the departmental enquiry on the ground of inordinate delay of over 12 years in the initiation of the departmental proceedings with reference to an incident that took place in 1975 76. The appeal against the order dated 16.12.1987 has been filed on the ground that the Tribunal should number have quashed the proceedings merely on the ground of delay and laches and should have allowed the enquiry to go on to decide the matter on merits. 201 of 1986. In regard to the third relief prayed for the Tribunal directed the Government to companystitute special review companymittee to companysider the promotion of the officer to the Super Time Scale post of DIG, with effect from the date his junior was promoted, on merits in accordance with the directions given in the judgment. 201 of 1986 is a petition filed by the respondent, Bani Singh, I.P.S. 102 of 1987 and Civil Appeal No. Ramaswami, J. These two appeals have been filed against those two orders as already stated. Civil Appeal No. No. | 0 | train | 1990_133.txt |
1354 Fasli. It was prayed in the alternative that during the pendency of the suits if their possession was disturbed they should be restored back the possession of these lands. However, the said suit for the remaining plots of lands was dismissed presumably on the basis of subsequent entry being 1356 Fasli in favour of the appellants in the Khasra and Khatauni in the relevant records of rights companycerning these lands. The revisional authority also took the view that it was a settled position of law that the pendente lite entries have numbervalue. All authorities functioning under the Act companycurrently held that such was the factual position till 30 6 1947, Therefore, the respondents were found to be in actual possession and being Zamindars intermediaries were personally holding these lands in their possession at least till that date. In the said suits it was alleged by the respondents that they were in possession and the defendants, who are the present appellants, were trying to disturb their possession. In the absence of any other evidence before him the appellate authority came to the companyclusion that the name of the opposite parties the appellants herein companytinued over the disputed land after 1356 Fasli till date and, therefore, the appeal of the respondents was dismissed. The said entry related to the year beginning from 1 7 1946 and ending on 30 6 1947. The said decree had become final. It is the case of the appellants that one of the two suits which was filed in Tarabganj Court got partly decreed on 10 9 1953 whereunder the respondents suit for 7 plots mentioned in the decree was allowed and the respondents were treated to be entitled to companytinue in personal cultivation thereof. It is the further case of the appellants that the said decree became final. It appears that these respondents during the relevant time, immediately after partition of the companyntry in 1947 were apprehending dispossession by the present appellants and their predecessors in interest. They, therefore, are said to have filed two suits under Sections 63 and 180 of the U.P. Thus for the remaining plots the decision rendered by the companypetent civil companyrt years back in 1953 remained final, binding and operative between the parties. The appellants carried the matter before the High Court by filing two writ petitions arising from the very same judgment of the revisional authority. Consequently, the orders passed by the authorities below were set aside and the claim of the appellants for being treated as Adhivasi was rejected. The High Court agreeing with the revisional authority dismissed the writ petitions and that is how the appellants are before us in these appeals on the grant of special leave. Tenancy Act, 1939 in two different companyrts on the same day, i.e., 14 10 1947. There is numberdispute on this aspect. Learned companynsel for the appellants raised two companytentions for the appellants. The revision petitions of the respondents were accordingly allowed. | 0 | train | 1997_839.txt |
referred to above which said that small and medium operators must be preferred to the bigger operators on the smaller and medium routes, The Tribunal, therefore, reversed the order of the Regional Transport Authority and made the grant in favour of the appellant. But in the view of the Tribunal the respondents were a fleet owner with 32 permits while the appellant was a small operator with only two or three permits, and since in all respects the appellant was quite, eligible, he was entitled to be preferred on the ground that, in the interest of the public, small operators require encouragement as against the bigger operatOrs. For this, the Tribunal relied on a clause of the G.O. It was a medium route as mentioned in Government Order No. The learned single Judge of the companyrt, who heard the writ Petition, was of the view that there was numbererror in the order passed by the Tribunal because preference based on classification of operators as fleet owners and medium operators was germane to Section 47 of the Motor Vehicles Act which prescribed the matters which had to be companysidered by the authority for the purposes of a grant of a stage carriage permit. The facts giving rise to the present appeal are as follows The secretary, Regional Transport Authority, Tirunelvelli, invited applications for the grant of a stage carriage permit on the route Tuticorin to Tiruchendur via Mikkani. 2265 Home dated August 9, 1958 as amended by G.O. The Regional Transport Authority companysidered the claims in the light of the directions issued by the State Government under Section 43A of the Motor Vehicles Act, 1939 in G.O.M.S. 2265 Home dated February 9, 1958. By a process of elimination the only important companytesters before the Tribunal were the appellant and the respondents. had been rendered and by that decision G.O. The Tribunal found that so far as the marks were companycerned, respondents had scored more marks and would therefore, be entitled to serious companysideration. 1298 dated April 28, 1956, which was the previous direction issued by the State Government under Section 43A of the Motor Vehicles Act, was set aside. It was held that it was legitimate to assume that the legislature intended to respect the basic and elementary postulate of the rule of law that in exercising their authority and discharging their quasi judicial functions, the tribunals companystituted under the Act must be left absolutely free to deal with the matter according to their best judgment guided only by the statutory light. Six others including the present appellant, who were aggrieved by that order, went in appeal to the Transport Appellate Tribunal, Madras. 3547 Home dated December 1, 1958, and since, in its opinion, the respondents Shri Ram Popular service P Ltd. had obtained the highest number of marks namely, 3 the respondents were entitled to the grant. The respondents, thereupon, filed the writ Petition in the High Court for setting aside the order of the Tribunal. The writ Petition was, therefore, dismissed. G. Palekar, J. Several persons applied for the giant. The distance was about 24 miles. This is an appeal by certificate from the Judgment and Order dated 5 8 1964 in Writ Petition No. 4 of 1963 of the High Court of Madras. The respondent then filed a letters patent appeal. This decision was available to the Division Bench of the High Court when the appeal filed by the respondents came for hearing. No. | 0 | train | 1973_358.txt |
Eitzen Bulk A S of Denmark hereinafter referred to as Eitzen entered into the companytract with Ashapura Minechem Limited of Mumbai hereinafter referred to as Ashapura as charterers for shipment of bauxite from India to China. Ashapura however filed LPA No. 2210 2212 of 2011 filed by Eitzen. Proceedings in Maharashtra On 27.7.2009, Eitzen filed Arbitration Petition No. The Award was also received by Ashapura within the jurisdiction of the Bombay High Court. Eitzen however questioned the very jurisdiction of a Court in India to decide objections under Section 34 of the Arbitration Act in respect of a Foreign Award by way of a Writ Petition. Ashapura inter alia companytended that the Award cannot be enforced or executed since their objections under Section 34 were pending. In London, Mr. Tim Marshal, who was appointed as Arbitrator, held that Ashapura was in repudiatory breach and awarded Eitzen Bulk an amount of 36,306,104.00 plus interest, as stated above. 561/2009 under Sections 47 to 49 of the Arbitration Act for enforcing the Foreign Award in the Bombay High Court, within whose jurisdiction Ashapura carries on business and has a registered office. On 29th July, 2009, the Antwerp Court declared the award dated 26th May, 2009 enforceable as a judgment of the Court. Ashapura Minechem was held liable and directed to pay a sum of 36,306,104 US together with companypound interest at the rate of 3.75 per annum. On 3rd August, 2009, the English High Court declared the award dated 26th May, 2009 enforceable as a judgment of the Court. is to be settled and referred to Arbitration in London. On 14th July, 2009, the appellant filed proceedings in Netherlands Court seeking a declaration that the award dated 26th May, 2009 is enforceable as a judgment of the Court. Ltd. Armada had, similarly filed an application for enforcement of the foreign award in its favour under Section 42 of the Arbitration Act being Arbitration Petition Nos.1359 and 1360 of 2010 before the Bombay High Court. On 24th July, 2009, the United States District Court for Southern State of New York declared the award dated 26th May, 2009 enforceable as a judgment of that companyrt. They prayed for issue of a Writ of Prohibition and an Order restraining the learned District Judge at Jam Khambhalia from adjudicating Ashapuras application under Section 34 of the Arbitration and Conciliation Act, 1996 against the Foreign Award dated 26.5.2009. The Netherlands Court, however, declared that the award is enforceable as a judgment of the Court on 17th March, 2010. A learned Single Judge who heard the petition however, observed that the issues before him were inextricably companynected with the issues of jurisdiction of the Court in the Section 34 application and the companytentions of Eitzen opposing the said Section 34 application. On 27th July, 2009, the appellant filed present proceedings under Sections 47 to 49 of Part II of the Arbitration Act for enforcing the award dated 26th May, 2009 on the ground that the respondent was carrying on business within the jurisdiction of this Court and has its registered office and companyporate office and assets within the territorial jurisdiction of this Court. This companytention was rejected by the High Court on the ground that Section 42 occurs in Part I of the Arbitration Act and in its view since Part I itself had numberapplication to the Foreign Award, Section 42 would have numberapplication either. In addition they were directed to pay 74,135 US together with companypound interest at the rate of 3.75 per annum and another sum of 90,233.66 Pounds together with companypound interest at the rate of 2.5 per annum vide Award of the Sole Arbitrator dated 26.5.2009. In Letters Patent Appeal filed by Eitzen the Division Bench of the High Court of Gujarat directed the District Judge to companysider all companytentions by its Order dated 29.10.2009. The Charter party companytains an Arbitration Clause as follows Clause No. Leave granted in SLP C Nos.2210 2212/2011, SLP C Nos.3959/2012 and SLP C No.7562 7563/2016. Against the rejection of the application for injunction Ashapura filed a petition under Articles 226 and 227 of the Constitution of India before the High Court of Gujarat at Ahmadabad for a Writ of Certiorari to quash and set aside the Order dated 24.8.2009 rendered by the District Judge, Jam Khambalia and for a direction number to enforce the execution of the judgment dated 24.7.2009. One Arbitrator to be employed by the Charterers and one by the Owners and in case they shall number agree then shall appoint an Umpire whose decision shall be final and binding, the Arbitrators and Umpire to be Commercial Shipping Men. The dispute in these appeals, arises out of the Contract of Affreightment dated 18.1.2008 hereinafter referred as the Contract . A learned Single Judge issued numberice and stayed further proceedings before the Jamnagar Court on 20.11.2009. This judgment was questioned by way of SLP C Nos. That this Order was to operate upto 16.4.2012 and was thereafter extended till 22.8.2012. Both these Notices of Motion were dismissed by the learned Single Judge of the Bombay High Court. The said proceedings were companytested by the respondent. The respondent appeared in the said proceedings and filed their objections. The proceedings filed by the appellant were companytested by the respondent. English Law to apply. 28 Any dispute arising under this C.O.A. The High Court rejected this companytention on the ground that the Order of status quo had number been extended. Civil Application No. A. BOBDE, J. A Misc. | 0 | train | 2016_174.txt |
sometimes after in the year 1966 there was amendment in the all india service act by which a new service called the indian forests service was established and indian forests service rules were made in 1966.
in the instant case we are only companycerned with the interpretation of the regulation 5 of the indian forest service initial recruitment regulation of 1966.
respondent number 1 was one of the candidates to be companysidered for initial recruitment to the indian forest service from the state cadre. on 1st may 1960 the state of gujarat was created and respondent number 1 was allotted to the gujarat cadre and appointed as deputy companyservator of forests. it appears that the selection board did number recommend the selection of respondent number 1 and other respondents were selected. suffice it to say that respondent number i was selected for superior forest service of the government of saurashtra in the year 1951.
on 9 4 1958 be was appointed as assistant companyservator of forests class iii. sometimes in august 1959 respondent number 1 was appointed as deputy conservator of forests companysequent upon the merger of saurashtra with greater bombay. respondent number 1 therefore filed writ petition in the high companyrt of gujarat for quashing the selection made by the selection board. 1080/72 and l.p.a. number 106/77. number 1329/77. 1329 1330 of 1977.
appeal by special leave from the judgment and order dated 18 3 1977 and 29 4 1977 of the gujarat high companyrt in special civil appeal number. s. gae p. h. parekh mrs.
manju sharma and c. b. singh for rcspondent number 1 in c.a. the judgment of the companyrt was delivered by fazal ali j. these appeals by special leave are directed against the judgment of the division bench of the gujarat high companyrt dated 18th march 1977 by which writ petition filed by respondent number i was allowed and the impugned selection made by the selection board was quashed as also the numberification dated january 7 1972.
the facts have been detailed in the judgment of the high court and it is number necessary to repeat the same all over again. the high companyrt accepted the plea taken by respondent number 1 and allowed the writ petition as indicated above. p. bhatt and girish chandra for the appellant. the union of india obtained special leave of this companyrt and hence this appeal before us. civil appellate jurisdiction civil appeal number. | 0 | dev | 1978_113.txt |
This special leave petition is companyfined to the order insofar as it relates to C.R.No. But, they have chosen to remain unrepresented. 2032/1992 and companynected cases disposing of a batch of writ petitions. 12077/92 The petitioner seeks special leave to appeal to this Court from the order dated 7.4.1992 made by the High Court of Delhi in C.R.No. 2032 of 1992, Respondent Nos. 1 and 2 are the main companytesting parties and are duly served. | 0 | train | 1992_517.txt |
Sone Lal assaulted P.W. Jeet. Ram Swaroop Chamar further assaulted P.W. Similarly, it has been proved that Sone Lal and Ram Swaroop Chamar scaled over the wall and climbed to the place where Rampal was sleeping and assaulted him with banka and ballam. Thereafter Sone Lal and Raj Kumar brought Debi Sahai and put him in the bullock cart as deposed to by P.Ws. Angnoo was murdered and a report regarding his murder was lodged by Debi Sahai on 7.8.64 against Sone Lal, Ram Saroop Chamar, Raj Kumar and others. Ram Swarup Ahir and Raj Kumar and others assaulted Babu with ballam and banka on a company where he was sleeping with the witness Jeet. 9 with kicks and fists and Ram Swaroop Chamar inflicted blows with a ballam on him. These appellants were prosecuted for the murder of Angnoo Ahir in which Babu Debi Sahai appeared as prosecution witnesses. They also abducted Debi Sahai and carried Debi Sahai along with the companypses of the deceased Babu and Rampal in a Bullock cart with a view to dispose of the dead bodies and obliterate all traces of the murders. The appellant Sheo Ram who was armed with a gun was the Bahnoi sisters husband of Sone Lal. It was only after the accused left with the companypses and Debi Sahai in a block cart that the villagers organised search parties in order to find out the place where the dead bodies had been kept or Debi Sahai was companyfined. 8 with a ballam on the chest. This is proved by P.Ws. This circumstance is proved by P.Ws. 9 Jeet of Lachchi Khera, assaulted him and killed two of his sons, namely, Rampal and Babu. These injuries were caused by Sine Lal who was armed with a ballam which was undoubtedly a sharp edged weapon. This is deposed to by P.W. The appellants Sone Lal, Ram Swaroop Chamar, Ram Swarup Ahir, Sheoram and Dularey have been companyvicted under Section 302/149 Indian Penal Code and sentenced to life imprisonment and to various terms of imprisonment under Sections 147, 148, 323/149, 324/149, 307/149, 364/149 and 201, I.P.C. Suffice it to say, that on the night between 15/16th November, 1966 the appellants variously armed with Banka, Ballam, Gun lathi raided the house of P.W. Not companysent with this the appellants decided to wreak vengeance by killing the deceased and injuring Jeet and others. 2 and P.W. Sheo Ram pushed Prabhawati as a result of which she fell down and sustained injuries which have open proved by the doctor. The accused pleaded innocence averred that they had been falsely implicated due to the previous enmity particularly because Jeet had attempted to get some of the accused involved in a murder case, but they had been acquitted. This circumstance is proved by P.Ws, 2 and 3. It was also alleged by the prosecution that at the time of the occurrence a lantern was burning in the house of Jeet and the villagers also had electric torches which they were flashing off and on and it was in the light of the objects that the with nesses of the prosecution had Identified the appellants. One of the accused Raj Kumar was absconding so his trial was segregated and is still pending. He accordingly acquitted all the accused. This unfortunate case in which two innocent persons have lost their lives and one was abducted for being murdered appears so be an outcome of a serious and long standing enmity between the appellants and the deceased and P.W. On an alarm being raised a number of persons from the neighboring village arrived at the scene of occurrence but so desperate were the accused that they kept these persons at bay and did number allow them to interfere with the nefarious act perpetrated by the accused. The Sessions Judge after recording the evidence in the case and companysidering the same was of the opinion that the prosecution case was extremely doubtful and was, therefore, number proved. 9. Thereafter the sate filed an appeal before the High Court which differed from the view taken by the Sessions Judge as it was of the opinion that the judgment of the Sessions Judge was perverse and unreasonable and the inference drawn by the Sessions Judge were number legally sustainable. 8 and 9. A detailed narrative of the prosecution case is companytained is the judgment of the companyrts below and it is number necessary for us to repeat the same all over again. Murtaza Fazal Ali, J. 2, 3 and 9. The High Court accordingly reserved the acquittal and companyvicted and sentenced the appellants as indicated above. The case however ultimately ended in the acquittal of the appellants. This is an appeal under the provisions of the Supreme Court Enlargement of Criminal Jurisdiction Act and Section 379 of the CrPC, 1973. The companyviction and sentences imposed on the appellants are detailed in the judgment of the High Court and need number be repeated here. Hence this appeal before this Court. | 0 | train | 1978_103.txt |
Satvir Singh and Shyam Singh too had fired at Shiv Charan. Babu Singh PW 3 did number depose as to the presence of Tara Singh PW 1 and Varun Singh PW 4 on another motorcycle or that they were following them. Guman Singh, and Jagdish Singh, Satvir Singh and Shyam Singh. Tara Singh PW 1 and Varun Singh PW 4 have deposed that they along with Shivendra Singh were on a motorcycle on their way from Hindaun to Village Banki. The motorcycle skidded and Shiv Charan and Babu Singh fell down. Guman Singh had then fired at the chest of Shiv Charan. On directions of Gulam Navi PW 7 , the deceased Shiv Charan and Babu Singh were taken to the hospital. Guman Singh, Satvir Singh and Shyam Singh had also fired shots at Tara Singh PW 1 and Varun Singh PW 4 who had managed to escape by running towards the Hindaun City to save their lives. 1475 of 2017 Page 3 and accepted presence of Tara Singh PW 1 and Varun Singh PW 4 at the spot at 5.30.
p.m. on 30.8.2009. On reading testimonies of Gulam Navi PW 7 and Babulal Bhaskar PW 10 , we find that their versions companytradict the version given by Tara Singh PW 1 and Varun Singh PW 4 as to their presence at the place of occurrence and their claim that they were following the deceased Shiv Charan and the injured Babu Singh on another motorcycle. As per PW 7, his first meeting with Tara Singh PW 1 was at the hospital at around 8.20 p.m., when a written companyplaint was given to him by Tara Singh PW 1 . The deceased Shiv Charan and the injured Babu Singh were on another motorcycle a few steps ahead of them. First companyversation between Tara Singh PW 1 and Varun Singh PW 4 and Gulam Navi PW 7 was in the hospital at about 8.20 p.m., nearly 3 hours after the occurrence, and both had then for the first time projected themselves as eye witnesses. In view of the testimonies of Babu Singh PW 3 and Gulam Navi PW 7 , there is a clear companytradiction and direct companyflict between Criminal Appeal No. The assertion and claim of Tara Singh PW 1 and Varun Singh PW 4 of being eye witnesses to the incident was clearly on second thoughts and after due deliberation. Gulam Navi PW 7 has number deposed Criminal Appeal No. The primary issue question raised before us relates to veracity and truthfulness of the testimonies of Tara Singh PW 1 and Varun Singh PW 4 , son and nephew of the deceased Shiv Charan. Gulam Navi PW 7 in his cross examination also had accepted as companyrect that the informant Tara Singh PW 1 was number present at the place of the occurrence till the time Babu Singh was sent to hospital. Statements of Tara Singh PW 1 and Varun Singh PW 4 , under Section 161 of the Code of Criminal Procedure, 1973 the Code, for short , were recorded by the SHO and the Investigating Officer Gulam Navi PW 7 three days after the date of occurrence on 03.09.2009. Near Chauve ka bandh, another motorcycle with the present appellant Guman Singh and Satvir Singh s o Ramoli and Shyam Singh s o Ummed Singh, residents of Village Banki, appeared from behind and came parallel to the motorcycle driven by the deceased Shiv Charan. Between 5.30 p.m. to 8.20 p.m., PW 7 was number informed and told as to who had fired upon Shiv Charan. Babu Singh PW 3 did number depose as to the presence of the present appellant number did he identify any of the assailants. Shiv Charan had already died. PW 7 on reaching the spot along with other police officials found Babu Singh lying in an injured companydition. Babu Singh PW 3 was certainly companyscious when he was brought to the hospital because he had also signed the Medical Examination Report MLC. 1475 of 2017 Page 5 While the aforesaid companytention as recorded in paragraph 6 may number by itself be significant, but testimony of Babu Singh PW 3 is. 1475 of 2017 Page 4 30.08.2009. Thus, the bullet B/1 recovered from the body of Babu Singh PW 3 would number be matched with the companyntry made pistol. Jagdish Singh was acquitted by the Additional Sessions Judge, Hindaun City, Karauli, Rajasthan vide judgment dated 07.06.2013 and Shyam Singh and Satvir Singh have been acquitted in the impugned judgment of the High Court. Pertinently, Babu Singh PW 3 in his examination in chief had turned hostile and did number name the appellant and three others who were charge sheeted. However, this version as to their presence at the place of occurrence and being eye witnesses to the firing by Guman Singh is a suspect and in grave doubt, in view of the testimony of Gulam Navi PW 7 the Investigating Officer and SHO Police Station Hindaun City, who has deposed that on 30.08.2009 at around 5.30 p.m. information was received from an unknown person that someone had been fired upon by another near Chauve ke bandh. Their presence is highly doubtful and their eye witness account apparently companyjured, as they were number found at the spot when Gulam Navi PW 7 the SHO and Investigating Officer had recached Chauve ke bandh at around 5.30 p.m. on Criminal Appeal No. The bullets recovered from the body of deceased Shiv Charan were number sent Criminal Appeal No. 1475 of 2017 Page 7 for ballistic examination and companyparison. This is surprising as bullets were certainly recovered from the body of the deceased Shiv Charan and numberexplanation is forthcoming why these bullets were number sent for ballistic examination. Babu Singhs presence on the spot cannot be doubted, as he was the only injured witness. Prosecution however relies on the finding in the FSL report that the hole on the shirt worn by Babu Singh appeared to have been caused by a companyper jacketted bullet. Babu Singh, it is stated, had returned from Jaipur on 3.09.2009 and thereupon his statement under Section 161 of the Code was recorded. One motorcycle was lying at the spot. 1475 of 2017 Page 1 The companyviction arises out of FIR No. One of the riders from the third motorcycle had then fired a shot Criminal Appeal No. 464/2009 registered on 30.08.2009 at 8.20 p.m. in Police Station Hindaun City, District Karauli, Rajasthan and the companysequent charge sheet filed against the present appellant, i.e. He did number know who had fired at him. They had, from STD booth near Chungi, informed their relatives about the occurrence. On seeing a police vehicle, they drove along with police to the place of occurrence. He had stated that he was fired from behind and thereafter, had become unconscious and had fallen down. Criminal Appeal No. Thereafter, he was taken to the hospital. On regaining companysciousness, he had numbericed police personnel and a person holding camera. Upon receipt of the written companyplaint, steps were taken for registration of the FIR. 1,000/ and in default of payment, an additional rigorous imprisonment of one year. | 1 | train | 2019_957.txt |
bishamber lal for respondent number 1.
the judgment of the companyrt was delivered by mathew j. respondent number 1 a companypany registered under the companies act together with respondents number 2 and 3 members of the companypany filed a writ petition before the high companyrt of delhi praying for quashing companydition number ii specified in the certificate of registration granted to respondent number 1 under s. 14b of the forward companytracts regulation act 1952 hereinafter referred to as the act to the effect that the companypany shall number companymence trading in numbertransferrable specific delivery companytracts in any companymodity without obtaining the prior approval of the forward markets companymission hereinafter referred to as the commission in writing as also a direction companytained in a letter dated june 2 1964 from the companymission to the companypany number to companymence trading in numbertransferrable specific delivery companytracts in any companymodity without obtaining the prior approval of the companymission in writing. number 7 of 1968.
n. sinha solicitor general of india p. p. rao and girish chandra for the appellants. a learned single judge of the high companyrt allowed the writ petition and quashed the companydition in the certificate and the direction in the letter. this appeal by certificate is against the order of the division bench. civil appellate jurisdiction civil appeal number 603 n of 1973.
from the judgment and order dated 4 8 1972 of the delhi high court in l.p.a. the appellants preferred an appeal against the order before a division bench. that was dismissed. | 1 | dev | 1975_100.txt |
Dwarka Prasad Agarwal filed Writ Petition No. Dwarka Prasad Agarwal died during the pendency of these proceedings. Dwarka Prasad Agarwal was made a proforma respondent herein. A partnership firm known as M s. Dwarka Prasad Agarwal Brothers The firm was companystituted with Dwarka Prasad Agarwal since deceased , Bishambhar Dayal Agarwal since deceased , Mahesh Prasad Aggarwal all sons of Keshav Dev Agarwal and Ramesh Chandra Agarwal, son of Dwarka Prasad Agarwal in the year 1972 as partners thereof. Ltd. of which Dwarka Prasad Agarwal was the lifetime Managing Director and Chairman and therein Bishambhar Dayal Agarwal and his son, Ramesh Chandra Agarwal were shareholders and directors. Admittedly, Dwarka Prasad Agarwal was number a signatory to the said agreement. The said Dwarka Prasad Agarwal was the karta of a larger HUF companysisting of himself and his partners. By reason of the said purported companypromise, the firm was sought to be dissolved of which Dwarka Prasad Agarwal was a partner. As Dwarka Prasad Agarwal was number a signatory thereto, he was number bound thereby. Both the wives of the said Dwarka Prasad Agarwal applied for substitution of their names in place of the deceased. The properties of the aforementioned firm, including the goodwill and ownership of Dainik Bhaskar over different territories were distributed by M s. Writers Ltd. floated by Ramesh Chandra Agarwal amongst the three other partners, namely, Ramesh Chandra Agarwal, Bishambhar Dayal Agarwal and Mahesh Chand Agarwal to the exclusion of Dwarka Prasad Agarwal, the 4th and the remaining partner. During pendency of the said writ proceedings, on 29.6.92 the petitioner therein, Ramesh Chandra Agarwal son of Dwarka Prasad Agarwal and Mahesh Prasad Agarwal along with their sons Kailash, Sudhir and Sanjay purported to have entered into a deed of settlement. Prior to the companystitution of the Firm, a newspaper known as Dainik Bhaskar was being published by Dwarka Prasad Agarwal and his name was recorded in the Registrar of Newspapers for India for short RNI . A printing press of which Dwarka Prasad Agarwal was the owner is said to have been transferred to the said companypany for the purpose of printing of the aforementioned newspaper. It is alleged that Ramesh Chandra Agarwal filed a Declaration on or about 13.10.84 along with an authority letter dated 10.1.83 from Dwarka Prasad Agarwal in respect of publication of Dainik Bhaskar at Indore for admitting him to be the owner of the newspaper and the companypany as a lessee. Bishambhar Dayal Agarwal also, who had filed suit No. The rival companytentions on substitution by the two wives of Late Dwarka Prasad Agarwal came to be companysidered by this Court. The order recording companypromise was legal as numberother party including the learned advocate of Dwarka Prasad Agarwal objected thereto. It is number disputed that in the year 1982, Dwarka Prasad Agarwal suffered from a paralytic attack and was unable to attend to business actively. Another document also came to be executed on the same day, the genuineness whereof was also disputed, is an alleged deed of partition family settlement of the HUF in terms whereof the firms assets, several other properties, fixed deposits, money and business including those situated at Bombay, Delhi, Raipur, Indore, were divided between Dwarka Prasad Agarwal, Bishambhar Dayal Agarwal, Mahesh Prasad Agarwal and Ramesh Chandra Agarwal. Dwarka Prasad Agarwal having companye to learn the said order of RNI dated 3.9.1992 filed an application for review of the order dated 29.6.1992 passed by the High Court which was marked as MCC No. Dwarka Prasad Agarwal admittedly was a proforma respondent therein and although his rights as partner were directly affected thereby he was neither a party to the said settlement number a signatory to the said deed. It may, however, be numbericed that Bishambhar Dayal Agarwal, questioning the authentication made by the Additional District Magistrate, Jabalpur of the Declaration filed by Sudhir Agarwal, son of Ramesh Chandra Agarwal for newspaper Nav Bhaskar as regard its publication from Jabalpur as also a purported order passed thereupon by the said authority on 3.12.91 filed a writ petition before the Madhya Pradesh High Court. Ltd., Bhopal, has become the owner of Dainik Bhaskar. 74A of 1987 and 75A of 1987 in Bhopal by M s. Writers and Ramesh Chandra Agarwal for withdrawal thereof, whereupon the suits were dismissed. 1 Sudhir Agarwal for printing and publishing newspaper under the name and style of Nav Bhaskar as void, illegal and number set in law. 7 to use the title Dainik Bhaskar for its publication c issue writ, order or direction directing the Respondents number to publish newspaper Dainik Bhaskar under the alleged title of Respondent No. Upon companysideration of the said question, this Court directed Kasturi Devi to be impleaded as a respondent in the proceeding whereas Kishori Devi and her daughters Hemlata and Anuradha were directed to be substituted in place of Late Dwarka Prasad Agarwal. Allegedly, the firm transferred the business of publication of Dainik Bhaskar at Gwalior to a newly incorporated companypany, M s. Bhaskar Publication and Allied Industries Pvt. Pursuant to or in furtherance of the said purported companypromise, RNI altered the name of owner of title Dainik Bhaskar in his Register from the Firm to M s. Writers on or about 3.9.1992 stating This is to state that in accordance with the numberice issued on the above subject in the matter of ownership of Dainik Bhaskar, as per the decision in Case No. 3 to 7 to publish newspaper Dainik Bhaskar under the title of writers and publishers Private Limited e issue writ, order or direction directing the Respondent No. The firms assets were to be sold as per the alleged agreement dated 13.3.85 and divided as per alleged partition deed of 13.4.85 which had number been signed and accepted by Dwarka Parsad Agarwal, karta of HUF and the genuineness whereof was also the subject matter of dispute. Certain documents were allegedly created on 13th March, 1985 by Ramesh Chandra Agarwal for the said purpose one of them, being an Agreement of Sale alleged to have been entered by and between the Firm and a companypany called M s. Writers Publishers Pvt. 527 of 1993 in this Court questioning the aforementioned order dated 3.9.92 passed by RNI wherein inter alia the following reliefs were prayed for a issue writ, order or direction quashing the order dated 3rd September, 1992 whereby the Registrar, Newspapers has changed the name of the owner of the title Dainik Bhaskar from M s. P. Agarwal and Brothers to M s. Writers and Publishers Private Limited b issue writ, order or direction directing Respondent No. According to the appellants, in the Annual Reports of the RNI, the name of the said firm was shown as the owner of the said newspaper. Pursuant to or in furtherance of the said order dated 29.6.1992 recording the purported settlement applications were filed in Suit No. 3 to 7 to publish newspaper Dainik Bhaskar in companytravention of the provisions of the Press and Registration of Books Act, 1867 and f pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the case. 1182/92 dated 29.6.92 of the High Court of Madhya Pradesh, at Jabalpur and agreement dated 19.6.92 M s. Writer Publishers Pvt. An agreement recording terms of settlement between the parties on their private dispute was executed on 29.6.1992. Jabalpur, Bhopal, Raipur, Gwalior, etc. The said writ petition was marked as MP No. No writ was issued by the High Court in terms of the said order against the Additional District Magistrate, Jabalpur or any other authority. 74A of 1987, 75A of 1987, 57A of 1988, 22A of 1988, 99A of 1991 and Writ Petition, MP No. The said settlement was accepted and the writ petition was disposed of in terms thereof on 29.6.1992 which was also the date of filing of the companypromise memo. 477 of 1992 and the companynected writ petition. Several proceedings were also initiated before different forums with regard to publication of the said newspapers at different places. 802 of 1992 and M.C.C. That the Honble Court be further pleased to declare by an appropriate writ that if a power is companyferred on District Magistrate Additional District Magistrate to grant declaration of title of same or similar nature, such a power cannot be exercised by the District Magistrate Additional District Magistrate till an Appellate Authority is companystituted to be able to oversee and review the exercise of powers by the District Magistrate Additional District Magistrate. 7 d issue writ, order or direction directing the Respondent No. Ltd., the genuineness or otherwise of which was the subject matter of a suit being suit No. The companysequence of recording of the said companypromise was tell tale. The application for disposal of the writ petition in terms of the said agreement as also the order of the High Court in M.P. 57A of 1988. 477 of 1992. 57A of 1988, moved an application to the effect that pursuant to the companypromise the suit be dismissed. The said purported agreement was filed on the same day before the Madhya Pradesh High Court by the petitioner therein alleging that he and the companytesting respondents had reached a full and final settlement of the disputes raised in the petition and other companynected matters pending before various companyrts and bodies and the writ petition be disposed of in terms of the said purported companyprehensive agreement. The said order dated 29.6.92 is the subject matter of Civil Appeal No. 802 of 1992 were filed by the parties, the disputes involved therein were sought to be resolved thereby which was impermissible in law. Not only pursuant thereto or in furtherance thereof the Registrar of Newspapers, New Delhi, passed an order dated 3.9.1992 it was companystrued to be a judgment of the High Court which had been taken aid of by the respondents herein for the purpose of withdrawal of suits wherein various disputed questions of facts and law including the genuineness or otherwise of the agreements were in question and required adjudication. The writ petition was number ready for hearing on the said date. Some writ petitions were also filed by the parties before the High Court. 802 of 1992 wherein the following reliefs were claimed That the Honble Court be pleased to declare by an appropriate writ, order or direction that the power companyferred on the District Magistrate Additional District Magistrate under Section 4 and 6 of the Press and Registration of Books Act, 1867, in case of declarations submitted for same or similar titles as ultra vires to the petitioners right under Article 14, 19 1 a and g of the Constitution of India. The writ petition, in the factual matrix involved in the matter, companyld have been held to be maintainable only for that purpose and numberother. The High Court was also required to address itself, more so while disposing of the review application, as to whether the purported settlement on the grounds raised by the appellants herein, was a lawful one. The reliefs sought for in the writ petition primarily revolved round the order of authentication of the declaration made by one of the respondents in terms of the provisions of the said Act. Kishori Devi pressed her application. The said review petition was dismissed by an order dated 13.11.1992 and the same is the subject matter of Civil Appeal No. 527 of 1993 B. SINHA, J Whether settlement of a private dispute between the parties to a writ proceeding is permissible in law, is the prime question involved in these batch of appeals which arise out of judgments and orders passed by Madhya Pradesh High Court in M.P. 4783 of 1996. He had two wives, namely, Kasturidevi and Kishoridevi. Each partner companytributed towards the capital of the Firm in shares to the extent of 25, 30, 30 and 15 respectively. Any other appropriate writ, order or direction which the Honble Court deems just and proper may also be passed in the facts and circumstances of the case as also in the interest of justice. It may number be necessary to delve deep into the effect and purport of the said disputes for answering the issue involved in these matters, except a few. Assuming that he had engaged an Advocate, keeping in view the fact that he was a proforma respondent therein, the said learned Advocate was merely required to watch the proceedings as numberrelief had been claimed against him. No.802 of 1992 was passed on the same day. You are, therefore, requested that if you have any objection to this decision then you may approach the High Court at Jabalpur. Several other suits were filed by the parties at several places viz. The High Court in its order dated 13.11.92 refusing to review its earlier order dated 3.9.92 inter alia held The agreement in question is a lawful one. Kasturi Devi, however, was number sure that, she, having regard to her stand taken in the litigation, would be able to defend the action on behalf of her husband. While passing the said order, however, an observation was made that the said question shall be finally decided at the time of hearing. 4783 of 1996 and W.P. The factual matrix involved in these matters may be numbericed in brief. Cost of proceedings of this petition may also be awarded in favour of the petitioner. 2 to exercise its authority number to allow Respondents No. Several issues of grave importance were required to be addressed by the High Court. The learned Single Judge as well as the Division Bench of the High Court have number only oversimplified the matter but seem to have gone on an errand, carried away by some need to balance hypothetical public interest, when the real and only question to be companysidered was as to whether the respondent Authorities are bound by the orders passed by the Court on the basis of the companypromise memorandum and whether the proposed move on their part did number companystitute flagrant violation of the orders of the Court very much binding on both the parties. 4782 of 1996. Some proceedings by way of Special Leave Application were also filed before this Court. The number provision of Appellate power violates the petitioners fundamental rights under Article 14 and 19 1 a and g of the Constitution of India. 8 number to allow the Respondents No. 1 and 2 number to allow Respondent No. This plea was also accepted. He was also number put on numberice there about. J U D G M E N T with C.A. C No. No. | 0 | train | 2003_430.txt |
He saw Abdul Hafiz Khan catching hold of the boy. PW 4, Habib Ullah had gone to the house of Budda Ram in the Koraon companyony. Singh PW 2 , Ram Hujur Yadav PW 3 , Habib Ullah PW 4 , Constable Chandra Bhushan PW 5 , Head Constable Ram Singh PW 6 , Investigating Officer Kamal Singh PW and Constable Kalim Ullah PW 8 . The unfortunate deceased who lost their lives were Shamshad Ali, Naushad Ali while Shaukat Ali barely escaped. The police rescued the third boy, Shaukat Ali and arrested all the accused persons. A report was immediately got prepared by Shyam Mohan Airan PW 1 by dictating the same to Ram Hujur Yadav PW 3 which was again fairly drafted by B.R.Singh and Shyam Mohan Airan put his signatures and sent the report to PS koroan by official jeep which was lodged at the police station at 730 p.m. The gruesome incident took place on 27.10.1978 at about 1200 numbern when the sound of Azaan call for Namaz was heard from the quarter of Abdul Hafiz Khan, accused No. A number of witnesses came to be examined including Shyam Mohan Airan PW 1 , R.B. 1 hereinafter called A 1 and peeped through the window and saw that the accused No.2, Shakila Bano hereinafter called A 2 was beating the elder son Shamshad Ali with a pipe whereas Abdul Hafiz Khan A 1 , Saharunnisa A 3 and, Siraj Khan hereinafter called A 4 were also present there. All the three boys were born to Saharunnisa and Abdul Hafeez Khan and belonged to the tender age of 7 years, 4 years and 3 years, respectively. Koraon, District Allahabad where accused No.1 was working as an Amin in Irrigation Department, accused No. Hearing this unusual Azaan, he reached the house of accused No. The sordid saga of un paralleled cruelty as a result of superstitions took place in the area called Canal Colony situated at Kasba Koraon, P.S. When the police reached the spot they found A 2 catching hold of the hair of the boy and A 3 and A 4 were standing on their one leg. Very unfortunately, in all this, the father and the paternal aunt of the unfortunate boys were involved while their own mother had to remain as a powerless and mute spectator to this gruesome act of cruelty. The present case is one such dreadful and hair raising example wherein two innocent boys lost their lives while the third barely escaped death. Even seeing the police, A 1 was undeterred and claimed that Paigamber had possessed the body of his daughter and the two persons were sacrificed and the third person would also be sacrificed. The Sessions Judge came to the companyclusion that the crimes were companymitted in the name of Peer Paigamber. 3 and 4. The investigating team also saw some articles of worship. The usual investigation was then companypleted. Inquest and spot Panchnama were companyducted and material objects were seized. The High Court, therefore, gave benefit of doubt to the said accused and acquitted them. The police immediately registered the case under Sections 302 and 307 of the Indian Penal Code and started investigations. The State of Uttar Pradesh has number companye up in this appeal challenging the acquittal of the two respondents herein who were originally accused Nos. It was number a usual time. The dead body was sent for post mortem and on the basis of this charge sheet came to be filed. | 0 | train | 2009_1006.txt |
1 sold 76 Bighas and 13 Biswas of land situate in the area of village Dewan Khera for Rs. The Collector therefore should have included these lands in the permissible area of Respondent 1. The land owners had number made any reservation in 1953 or selection in 1958 of their permissible area. 2 sold 3 Bighas and 6 Biswas of land in the same village, for Rs. A third sale was also made of 17 Bighas and 16 Biswas of land, situate in Dewan Khera, by Respondent No. 1, as on 15 4 1953. Most of the area thus transferred by Respondents 1 to 3 in favour of the appellants, was on 15 4 1953 i.e. On 15 9 1964, the Collector made an order declaring 155 standard acres and 12 3/4 units of land as surplus area of Respondent No. at the companymencement of the Act under tenants who had numberother land in any capacity in the State of Punjab. 1 herein owned 186 standard acres and 4 1/2 units of agricultural land at the time of the companymencement of the Punjab Security of Land Tenures Act, 1953 Act X of 1953 hereafter called the Act , in several villages in the State of Punjab. 15 4 1953, these lands were in the occupation of tenants whose total holdings did number exceed the permissible limit That the Commissioner erred In himself calling and examining the Khasra Girdawri, and then without even examining the Patwari who had made the entries therein, in holding, on mere companyjectures, that the record had been tampered with. In 1964, the Circle Revenue Officer started proceedings for determination of the surplus area The village Patwari prepared the necessary statement in Form D relating to all the lands held by Respondent No. The Commissioner might to have remanded the case to the Collector and thus afforded the appellants an opportunity to lead evidence to rebut the erroneous view of the Commissioner endorsed in revision by the Financial Commissioner That Respondent 1 had represented that he would get the lands sold to the appellants included in his permissible area which had number been reserved or selected by him within the prescribed period. Thereafter, he transferred part of his land in favour of his sons, Respondents 2 and 3. In this Form, he also showed appellants as transferees of a part of that area, from Respondent No. The appellants revision before the Financial Commissioner, also met the same fate on March 3, 1966. On March 3, 1958, Respondent No. 3 in favour of the appellants for Rs. Mutations in favour of the vendees appellants on the basis of the sales were sanctioned by the Revenue Officer companycerned in 1958. 16,000/ . 80,000/ to the appellants. 1, as on the crucial date i.e. 4,000/ to the appellants. Against that order, the appellants preferred an appeal before the Commissioner, who dismissed it on November 6, 1955. Hearing at the appellate stage was numbersubstitute for hearing at the original enquiry. On the same date, Respondent No. This appeal by certificate is directed against the order dated the 3rd August, 1966 of the High Court of Punjab and Haryana dismissing the appellants writ petition in limine. S. Sarkaria, J. The facts as alleged in the writ petition are as under Respondent No. | 0 | train | 1973_298.txt |
972 of 1998 by order dated 21 9 1998 allowing the appeal and remanding the case for fresh disposal in accordance with law. The petitioner in the present petition prays that on remand the appeal has to be heard by a Bench different from the one which disposed of the criminal appeal in the High Court on the earlier occasion. This Court disposed of Criminal Appeal No. | 0 | train | 1998_1019.txt |
On January 11, 1994, the respondent made the request for companypassionate appointment but he was informed by the companycerned departmental authorities that his claim for companypassionate appointment would be companysidered only after the settlement of the rival claims for payment of the death cum terminal dues of K. Janaki. After payment of the monetary dues to the respondent, his claim for appointment on companypassionate basis was taken up and he was asked to submit proof of passing the S.S.L.C. By the judgment and order companying under appeal, the High Court directed the appellants to include the name of the respondent in the list of candidates waiting for appointment under the scheme of companypassionate appointments. On July 9, 1996, the respondent made another representation for appointment on companypassionate grounds. A Division Bench of the High Court allowed the Writ Petition with the direction to the appellants to include his name in the list of candidates waiting for appointment on companypassionate basis. His case was finally companysidered by the Circle Selection Committee and he was informed by letter dated February 26, 1998, that he was number found entitled to appointment on companypassionate grounds because he was number companysidered to be in indigent circumstances. No.610/1998. The respondent challenged the decision of the Circle Selection Committee before the Central Administrative Tribunal, Madras Bench in O.A. On September 21, 1993, the respondent made an application for payment of her death cum terminal dues. A rival claim was raised by the mother of the deceased but the respondent was able to obtain the succession certificate and on that basis he got payment of a sum of Rs.71,000/ as death cum retirement gratuity of his deceased wife, in addition to a sum of Rs.2,998/ per month as family pension. The Tribunal dismissed the O.A. The wife of the respondent K. Janaki died on September 1, 1993, while giving birth to their second child. At that time she was working as a Senior Accountant in the Office of the Directorate of Postal Accounts, Madras. Against the order passed by the Tribunal, the respondent went to the Madras High Court in Writ Petition No.12225/1998. Aftab Alam, J. by order dated July 16, 1998. This appeal by special leave is directed against the judgment of the Division Bench of the Madras High Court. examination. | 1 | train | 2011_971.txt |
was created as an intermediary cadre between u.d.cs. 4140 posts of tas were created by upgrading an equal number of posts of udcs with the result that a companyresponding number of posts of udcs got abolished from time to time as posts of tax assistants got filled up in the respective charges. this was done by upgrading as t.as. 425 700.
perhaps because of the stagnancy of a large number of upper division clerks udcs without any promotion the government companystituted a grade of tax assistants t.as. classifying it also as a ministerial cadre in group c of the central services. the recruitment to the post of tas was entirely by promotion from the cadre of udcs on a selection basis on the recommendation of a duly constituted departmental promotion companymittee out of those of the udcs as had a rendered a minimum service of three years and b secured at least 40 per cent marks in the paper on four subjects in the departmental examination conducted for the post of income tax inspectors i.t.i. one third of the cadre strength of u.d.cs. 380 12 eb 15 560 eb 20 640.
in other words the cadre of as. a pass in every paper of the examination with 50 marks and an overall average of 60 made the candidates eligible for consideration for promotion to the post of itis which is a number gazetted number ministerial post in class iii group c of the central services. the four respondents joined service in the income tax department as upper division clerks. there were two promotional avenues for upper division clerks. they companyld become head clerks after putting in five years of service and passing a ministerial staff examination as already mentioned. examination. the four respondents had obtained the limited qualification referred to above in the iti examination in 1976 and 1977 and as such they were all promoted as tas and have been functioning as such. and h.cs. the idea was provide more experienced and companypetent ministerial staff to deal with important clerical work particularly in the companies and investigation circles. by an order dated 11th march 1978.
the pay scale of the post of tax assistants was fixed at rs. solicitor general a.s.
rao ms.
sushma suri p.parmeshwaran niranjan singh t.c. number 348 of 1990.
tulsi addl. this may be described as a limited qualification in the t.i. civil appellate jurisdiction civil appeal number 2255 of 1992.
from the judgment and order dated 9.5.1991 of central administra tive tribunal allahabad in o.a. their scale of pay was rs. sharma and v.s. from time to time. this application was dismissed by the tribunal on 28.4.1989.
then they preferred petitions for special leave to the supreme court being slp number. respondent appeared in person with arun k. sinha. rao for the appellants. the judgment of companyrt was delivered by ranganathan j. leave is granted and the appeal is disposed of after hearing companynsel for both parties. | 1 | test | 1992_159.txt |
But numberpayment was made by the Tripura Modern Bank either to the respondents or to the Calcutta Commercial Bank. On the same day, the Calcutta Commercial Bank, Gauhati sent the cheque to the Tripura Modern Bank, Sibsagar for encashment. But the Calcutta Commercial Bank never presented the draft to the Tripura Modern Bank, and made numberattempts to companylect the amount of the draft. The Tripura Modern Bank, Sibsagar debited the accounts of their companystituents. The respondents through their companylecting agents, the Calcutta Commercial Bank, presented the cheque for companylection to the Tripura Modern Bank, and instead of obtaining cash payment, received a draft drawn by the Sibsagar Branch of the Tripura Modern Bank on its Head Office. The Tripura Modern Bank closed its ,business on October 16, 1948. The remedy of the respondents, therefore, companyld be against their own bank, that is, the Calcutta Commercial Bank or against the Tripura Modern Bank but certainly number against the appellants. On November 19, 1948, the respondents requested the Tripura Modern Bank to pay the amount of the draft to them and number 10 the Calcutta Commercial Bank. On October 16, 1948, the Tripura Modern Bank also closed its business. It is because the respondents Bank went into liquidation just about the time the registered letter companytaining the draft was sent to Calcutta and numberone took .delivery of it that the draft companyld number be presented to the Calcutta Branch of the Tripura Modern Bank. On receipt of the draft, the Calcutta Commercial Bank, Gauhati sent it to their Head Office at Calcutta for companylection. The draft was drawn by the Tripura Modern Bank, Sibsagar on its Calcutta Head Office, and was marked current for three months from the date of the issue. 3 admitted that had the draft been presented for payment to the Tripura Modern Bank before October 16, 1948, it would have been paid on presentation, and the money companyld number be realised only because the Calcutta Commercial Bank had closed in the meantime. The cheque was drawn by a third party, Messrs. Nathuram Jaidayal of Sibsagar on the Tripura Modern Bank, Sibsagar Branch, in favour of the appellants, who endorsed it to the respondents. On September 4, 1948, the respondents sent the cheque to their bankers, the Calcutta Commercial Bank, Gauhati for companylection. 6 4 0 on account of companymission charges, sent to the Calcutta Commercial Bank, Gauhati a draft for Rs. On September 17, 1948, the Calcutta Commercial Bank closed its business, and subsequently, it was ordered to be wound up. Some time thereafter the respondents bank closed business and the demand draft was returned undelivered. It may be mentioned that the Tripura Modern Bank had number gone into liquidation till a month later and would, as stated by Debendra Chandra Mazumdar, P.W3, have been able to meet the draft had it been presented to its Calcutta Branch within reasonable time from the date on which it was drawn. Having accepted this draft in companyrse of companylection of the cheque, the respondents vis a vis the appellants were in numberbetter position than they would have been, if they had accepted the draft from the appellants directly as companyditional payment of the cheque. But the cheque was never returned to the respondents. Please get the cheque back. 9,435/ dated September 14, 1948 towards payment of the cheque. In the meantime, the respondents wrote to the appellants informing them that cash payment for the cheque has number been received, and on September 18, 1948 the appellants replied asking the respondents to get back the cheque. 9,461 4 0 dated August 31, 1948. The draft companyld be presented for payment at any time during the period of three months from the date of its issue. 9,461 4 0, and after deducting Rs. 9,461 4 0 had number been received. In order to satisfy the dues of the respondents, the appellants sent to the respondents a cheque for Rs. In the circumstances, the respondents owed a duty to the appellants to present the draft for payment within a reasonable time. On March 8, 1949, the respondents instituted the suit, out of which the appeal arises, claiming payment of their dues from the appellants on the footing that the cheque dated August 31, 1948 was received by the respondents as a companyditional payment, and as the cheque was number cashed, the respondents were entitled to enforce their original claim. The appellants carrying on business at Raha in Nowgong District had dealings with the respondents, carrying on business at Gauhati. You wrote that the payment of Rs. Messrs Nahuram Jaidayal with the sum of Rs. Bachawat .1. Chatterjee for R. Gopalakrishnan, for the respondent. The Judgment of RAGHUBAR DAYAL, BACHAWAT and RAMASWAMI JJ. Mukherjee, for the appellants. Reliance, however, was placed by Mr. S.C. Nath for the respondents upon the letter dated September 10, 1949 written by the appellant to the respondents in which the appellant wrote as follows. The Subordinate Judge, Lower Assam District, dismissed the suit. As a result of the said dealings, the appellants were indebted to the respondents in a sum of Rs. C. Nath, P.K. and received your letter. 9,447 4 9. and in view of its inability to pay its dues, was companypelled to enter into a scheme of arrangement with its creditors. On appeal, the High Court reversed the judgment appealed from, and decreed the suit. C. Chatterjee and D.N. was delivered by BACHWAT J. MUDHOLKAR J. delivered a separate Judgment. 7, of 1962. 638 of 1952. Appeal by special leave from the judgment and decree dated May 21, 1957 of the Assam High Court in First Appeal No. The appellants number appeal to this Court by special leave. CIVIL APPELLATE JURISDICTION Civil Appeal No. P.W. | 1 | train | 1965_108.txt |
Gurdev Singh, the father of Nirmal Singh and Rajpal Singh, Rajpal Singh proceeded to the tubewell of A 1 leaving behind Bhupinder Singh in the house of Nirmal singh. Bhupinder Singh went to the village Jheetha to inform Gurdev Singh, the father of Rajpal Singh. Rajpal Singh fell down and died on the spot. 8,000/ be paid to the next of the kin of Rajpal Singh as companypensation . when Rajpal Singh tried to scale over the wall and about to jump into the companypound of Nirmal Singh, the appellant fired from his rifle causing a firearm injury to Rajpal Singh, Its is further alleged by the prosecution that Kewal Singh A 2 also fired through his rifle and as a result of these fire arm injuries, the upper portion of the head of Rajpal Singh was blown off. Acchar Singh A 1 is the father of Kaval Singh A 2 and Harbhajan Singh A 3 . it is alleged by the prosecution that on June 12, 1985 at about 6.30 p.m. Bhupinder Singh P.W.2 Along with his brother Rajpal Singh since deceased came to the house of Nirmal Singh P.W.3 who happened to be the companybrother of Bhupinder Singh. The prosecution in support of its case mainly relied upon the evidence of Bhupinder Singh P.W.2 and Nirmal Singh P.W. Bhupinder Singh W.2 and Nirmal Sigh P.W.3 then reached near the place occurrence. on the right side of the head of Rajpal Sigh and the brain matter was companying out. Nirmal Singh and the father of Rajpal sing then left for the police station, Zira and upon reaching there during night at about 12.10 a.m., they lodged the report Ex. The tubewell of the accused persons was at a distance of 1 1/2 to 2 killas from the residence of Nirmal Singh. When they came out of the house they numbericed that the appellant and two other acquitted person were chasing Rajpal Singh while he was running towards his house. They had companye to Nirmal Singh to arrange labour for the purpose of planting paddy crop in their fields at village Jheetha. The appellant along with two other acquitted accused persons was put up for trial for an offence punishable under Section 302/84 IPC for having companymitted the murder of Rajpal Singh. Nirmal Singh was living with his father and other members of his family on the outskirts of his fields at a distance of about one mile from the abadi of his village Santuwala. The appellant and tow other acquitted accused persons denied the allegations levelled against them and pleaded that they have been falsely implicated at the instance of Nirmal Singh P.W. They further numbericed that the appellant and Kewal Singh A 2 were armed with rifle and a single barrel. It is alleged by the prosecution that within a short time they heard a roula from the side of the tubewell of A 1 and also overhead A 1 saying that Rajpal Sing should number be allowed to escape. Dalal W. 1 as the ballistic expert. during the spot panchnama three empty cartridges of rifle Ex. ASI Chandan Singh W.10 left along with them and on reaching the place of occurrence he started the investigation. The empties were forward to the ballistic expert along with the rifle which was recovered from the possession of the appellant on June 16, 1985. Gujral P.W.1 . In addition to the above evidence the prosecution also relied upon spot panchnama, seizure memos, report of the ballistic experts and the medical evidence of Dr. J.S. They pleaded that they are innocent and be acquitted. One bullet Ex. The ballistic expert, however companyld number give any definite opinion about the use of bullet Ex. P1 to P3 were seized vide seizure memo Ex. Gujral P.W.1 and he found a big lacerated wound 28 cms x 18 cms. The appellant was also companyvicted under Section 25 of the Arms Act for having been found in possession of a 315 bore rifle belonging to his father A 1 in a separated trial and accordingly sentenced him to suffer rigorous imprisonment for two years. The autopsy on the dead body was companyducted by Dr. J.S. P4 was also found embedded on the outer side of the well over which the deceased had scaled. the defence in support of their case examined Dr. J.S. on the basis of which a formal FIR Ex. The bones of the right side of the head were found missing. The Learned Sessions Judge however gave the benefit of doubt to A 1 and A 2 and acquitted them of all the charges levelled against them. 12 bore gun. The appellant was also separately charge sheeted for an offence punishable under Section 25 of the Arms Act. The State of Punjab also preferred an appeal against the order of acquittal in respect of A 1 and A 2. The appellant A 3 aggrieved by his companyvictions on both the e companynts preferred tow criminal appeals before the Punjab and Haryana High Court at Chandigarh. The learned trial companyrt acquitted A 1 and A 2 which has affirmed by the High Court in the appeal preferred by the State and their acquittal is number the subject matter of challenge before us. PD/1 was recorded. P.D. 3 who was on inimical terms with them. P. KURDUKAR, J. The appellant being aggrieved by the order of companyviction and sentence passed against him under Section 302 IPC has filed this appeal by Special Leave. The appellant. 3 as the witnesses of facts. All the three appeals were heard together and the High Court by its judgment and order dated April 30, 1978 dismissed all the appeals. | 0 | train | 1997_418.txt |
On 11.1.2014, the Governor of the State of Jammu and Kashmir, accorded his approval, to the premature retirement of the petitioner. All this was also duly companycerned, when the petitioner was recommended by the Administrative Committee for premature retirement on 21/23.5.2013. Few of the companyplaints received against the petitioner, have been referred to above. We therefore hereby uphold the order of premature retirement of the petitioner dated 3.6.2013/24.1.2014. There were vigilance enquiries pending against the petitioner. If the petitioner has submitted all papers companynected to his pension, we direct the High Court to process and pay the petitioner all his retiral benefits within four months. The petitioner was selected by the Jammu and Kashmir Public Service Commission for appointment to the Kashmir Civil Service Judicial on 5.1.1987. During the companyrse of hearing, we were informed by the learned companynsel for the petitioner, that the retiral benefits of the petitioner, had number yet been released to him. The Chief Justice companynselled the petitioner, with reference to the companyplaints received against him. The companyplaints expressed aspersions on the petitioners financial dealings, and also, in respect of the petitioners companyduct during companyrt proceedings. The petitioners companyduct was adversely companymended upon by the members of the Bar of the District Consumer Forum, Srinagar, and by the Bar Association, Srinagar. That apart, the petitioner was repeatedly addressed letters by the Administrative Judge dated, 11.10.2012 and 24.5.2013 as is apparent from the numbere dated 29.5.2013, but the petitioner remained stead fast in his resolve number to furnish the self assessment report to the Administrative Judge. It is therefore, that the petitioner was issued an order dated 24.1.2014, intimating him of his premature retirement on attaining the age of 55 years. Paragraph 4 shows, that the position adopted by the petitioner is patently incorrect. This position adopted by the petitioner cannot be accepted, in view of the clear instructions circulated by the High Court of Jammu and Kashmir, to all Additional District Judge Courts, on 4.9.1995. In case, the petitioner has number submitted his pension papers, he may do so within two weeks from today, in which eventuality, he shall be released all his retiral benefits, within four months from the date of submission of all his pension papers. The Full Courts decision to prematurely retire the petitioner, was forwarded to the Government for approval. And thereafter, as an adhoc District Sessions Judge on 8.8.2002. District Judge District Judge the self assessment form, duly companypleted in all respects, along with the 12 monthly statements of the work done for the whole year, shall be submitted by the officer reported upon to the Private Secretary of the Administrative Judge companycerned Registrar, High Court before 28th February of the year following the period of reporting. He joined as Munsif cum Judicial Magistrate, First Class at Basohli in District Kathua. While in the cadre of District Sessions Judge, he was placed in the selection grade on 15.06.2011. Paragraphs 3 and 4 of the above circular are relevant and are being extracted below The self assessment form should be companypleted by the Officer reported upon and submitted by him to his District Judge, along with the 12 months statements of the work done for the whole year, before 28th February in the year following the period of reporting. JAGDISH SINGH KHEHAR, J. He was thereafter promoted as a Subordinate Judge cum Chief Judicial Magistrate on 18.11.1996. 7,9 and 13, i.e., his attitue towards his superiors. In case the Officer reported upon happens to be Addl. J. JAGDISH SINGH KHEHAR NEW DELHI J. DECEMBER 11, 2015. This also reveals his behaviour, which has relevance to the annual companyfidential report specially the aspects referable to all serial number. On 7.10.2013, the Cabinet approved the recommendations made by the High Court. The matter was thereafter companysidered by the Full Court of the High Court. The writ petition is disposed of in the aforesaid terms. | 0 | train | 2015_531.txt |
1 discloses hat an incised wound on the right hand, leniar abrasion on the back of trunk over the region of left scapula and leniar abrasion on the right scapula region. The wound certificate of P.W.2 discloses incised wound on the occipital region of scalp and tenderness at the left clavicle resulting in fracture of left clavicle and first metatarsal bone. The wound certificate of P.W. The case of the prosecution was that on 27.9.2000 at about 8.30 P.M. the accused trespassed into the house and assaulted his sister in law PW1 with sickle and also assaulted his mother PW2 with sickle. Nos.6893 6894 of 2007 DR.
ARIJIT PASAYAT, J. The accused pleaded innocence. However, on companysideration of thee evidence, the Trial Court found the appellant guilty of offence punishable under Sections 307, posed 427 and 448 IPC. The Trial Court framed charges against the appellant for offences punishable under Sections 307, 427 and 448 of the Indian Penal Code, 1860 in short IPC . P.W. 1 and 2 testified to the overt acts of the accused in causing injuries on them. 306 OF 2008 Arising out of S.L.P. She supports the prosecution version. Different sentences were imposed which were directed to run companycurrently. Crl. The accused appellant preferred an appeal before the High Court. Challenge in these appeals is to the order passed by a learned Single Judge of the Karnataka High Court. As numbered above, the High Court dismissed the appeal. CRIMINAL APPEAL NOS. Leave granted. | 1 | train | 2008_1991.txt |
The appointment was made by the District Inspector Schools on the recommendation of the managing companymittee of the school. Rabinarayan Mohapatra the appellant was appointed as Hindi Teacher in Bani gochha, M.E. Although the appellant companytinues to serve the school to date under orders of the managing companymittee yet his appointment after 1986 has number been approved by the educational authorities. He companytinued to serve the school with repeated spells of 89 day appointments and one day break in between the spells, till May 25, 1986. Although the period of summer vacation during all these years. The managing companymittee even passed a resolution on July 6,1987, requesting the educational authorities of the State of Orissa to approve the companytinuous appointment of the appellant as Hindi Teacher but numberaction was taken by the said authorities. School Orrisa for a period of 89 days or till a candidate selected by the State Selection Board was made available. He joined the school on July 12, 1982. He was number paid the salary for the period of summer vacations during all these years. Mrs. Uma Metha Jain and M.A. 2867 of 1987. The appellant filed a writ petition under Article 226 of the Constitution of India before the Orissa High Court claiming regularisation as Hindi Teacher with effect from July 12,1982. From the Judgement and Order dated 8.3.1990 of the Orissa High Court in Case No. Firoz for the Appellant. Ashok Kumar Panda for the Respondents. The Judgement of the Court was delivered by KULDIP SINGH, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.1396 of 1991. Special leave granted. | 1 | train | 1991_138.txt |
The three appellants,Hridaya Ranjan Prasad Verma, Manoranjan Prasad Verma and Rajiv Ranjan Prasad Verma are sons of Late Shri Kashi Nath Prasad Verma. Late Kashi Nath Prasad Verma was the owner of Khasra No. Another brother of the appellants Priya Ranjan Prasad Verma also executed a sale deed in favour of the society alienating his portion of the land. The respondent number 2 had issued a separate cheque in favour of Priya Ranjan Prasad Verma which was also dishonoured for the same reason. Prior to the execution of the sale deed Akhil Ranjan Prasad Verma brother of the appellants had filed a suit, Title Suit No. The appellants executed a registered sale deed in respect of the land in favour of the Society. According to the appellants the plaintiff Akhil Ranjan Prasad Verma did number press his prayer for injunction in respect of the Schedule IV properties. 2 and Avdesh Narayan Rai who was the Vice President of the companyperative society were named as the accused. 1 asserted that the said land has fallen exclusively to the share and possession of three brothers all accused after the partition of the estate left by late Kashi Nath Prasad Verma among all his six sons and a Kora to this effect has also been prepared and signed by all the brothers. 2 reminding him that the cheques issued by him in favour of the appellants had bounced due to insufficiency of funds. The appellants assert that they have delivered possession of the land to the society on the same day. In the companyplaint respondent number 2 alleged inter alia that by companyspiring together all the accused have defaulted and cheated the society and the companyplainant by giving false, companycocted and wrongful information and assur ances saying to have a Sada Kora and thus they induced the companyplainant to enter into negotiations and also to advance them a heavy amount with their ulterior design to acquire wrongful gain to themselves and for wrongful loss to the society and the companyplainant both monitory and reputational. 1172, in Village Srinagar, within Siwan Police Station. When the cheques issued by the respondent No. On registration of the sale deed respondent No. When the appellants presented the said cheques in the bank, the same were dishonoured on account of insufficiency of amount in the account of the drawer. 2 handed over three cheques to the appellants for the sum of Rs. It is the case of the appellants that on insistence of respondent number2 two other brothers of the appellants signed the sale deed as witnesses. Finding that respond ent number 2 had numberintention to pay the amount, the appellants lodged a first information report under sections 406, 420 and 120 B IPC with the Siwan Police Station on 11.11.1995 which was registered as Siwan Mafsil Case No. 2 sold portions of the land sold by them to several other persons. By way of a further safeguard the appellants executed a separate indemnity deed on the same day in which they undertook to indemnify any loss caused to the society on account of any objection which may be raised by any companysharer against transfer of the land in future. 2, Manish Prasad Singh, an advocate, is the secretary of Kanishka Sahkari Grih Nirman Samiti Limited, Sewan, hereinafter referred to as the Society a companyperative socieity engaged in purchasing land from different persons and after developing and dividing it into small pieces selling the plots to different customers. The appellants agreed to sell the land in village Srinagar to respondent number 2 for a companysideration of Rs. 2 in their favour bounced the appellants made several requests to the said respondent for payment of the amount. It is the further case of the appellants that between 9.12.92 to 18.12.92 the respondent No. 11,00,000 to the appellants by way of drafts drawn in their favour on 7.12.92. Shortly thereafter on 14.12.1995 the respondent number 2 filed companyplaint number 1282/95 in the Court of the Chief Judicial Magistrate, Siwan against the appellants alleging companymission of offences under section 418 Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect , section 420 Cheating and dishonestly inducing delivery of property , section 423 Dishonest or fraudulent execution of deed of transfer companytaining false statement of companysideration , section 469 Forgery for purpose of harming reputation , section 504 intentional insult with intent to provoke breach of the peace and section 120B IPC criminal companyspiracy . The police after investigating into the allegations made in the FIR filed a charge sheet against respondent number 2 and Avdesh Narayan Rai. On 5.12.1992 on the applicaton filed under Order 39 Civil Procedure Code the learned subordinate judge, Siwan passed an interim order restraining the appellants from disturbing the status quo or transferring the land of Schedule I to the plaint but numberinjunction was passed in respect of the land described in Schedule VI of the plaint in which the property in dispute in the present proceeding is included. Some averments in the companyplaint relevant for the purpose of this proceeding are extracted hereunder That at the time of giving proposal to the companyplainant for buying the said land, accused No. In the said FIR the respondent No. 1 is a neuro surgeon at Patna appellant number2 is the Manager of Pathar Jhora Tea Gardens in Jalpaiguri and appellant number 3 is a retired marketing manager of Jay Shree Tea and Industries Ltd., Delhi. 191/95. 118 of 1990 for partition alleging inter alia that though the properties left by their father had been partitioned amongst the brothers in 1971 numberdivision by metes and bounds had taken place. They have three other brothers who are number directly involved in the present proceedings. The appel lants also filed three suits for realisation of the amount due to them. 1 also said that the said Kora was number available at that time and he would show as and when need be. It is the case of the appellants that the FIR was filed as a companynter blast to the criminal case and the civil suits filed by them against the respondent No. Accused No. Finally on 21.10.1995 the appellants through their advocate sent a numberice to respondent No. On each such occasion the said respondent avoided to pay the amount promising to do so within a short time. On his death his six sons succeeded to the property. 16,00,000. 5,50,000. 213, Plot No. Appellant No. 2000 2 SCR 859 The Judgment of the Court was delivered by D.P. Respondent No. The respondent paid a sum of Rs. MOHAPATRA, J. Leave granted. | 1 | train | 2000_1501.txt |
of the accused. 138 of 2009 under Section 302 IPC was filed against the accused before the Additional Chief Judicial Magistrate. The accused filed several bail applications before the Additional Chief Judicial Magistrate which were all dismissed vide orders dated 7th September, 2009, 16th September, 2009 and 19th September, 2009. Having failed to secure bail from the Sessions Court, the accused preferred a bail application, being C.R.M. The accused was arrested on 13th July, 2009 and produced before the Additional Chief Judicial Magistrate who remanded him to judicial custody. 272 of 2010, granting regular bail to respondent No. 272 of 2010 before the High Court under Section 439 of the Code. On 7th October, 2009, charge sheet No. Very briefly stated the facts material for the adjudication of this appeal can be stated thus Ms. Mallika Sen, a 57 years old widow was found strangulated at her residence on 2nd July, 2009. However, in the second T.I.P., the accused was duly identified by the aforesaid witness. The accused is facing trial for an offence punishable under Section 302 of the Indian Penal Code, 1860 for short IPC for allegedly companymitting the murder of one Ms. Mallika Sen. Respondent No.2 is the State of West Bengal. 1 in this appeal hereinafter referred to as the accused , under Section 439 of the Code of Criminal Procedure, 1973 for short the Code . As stated above, by the impugned order, the High Court allowed the application, and granted bail to the accused by a short order, observing thus Having regard to the nature of the alleged crime, we do number think that interest of investigation requires or sic justifies further detention of the present petitioner at this stage. Thereafter, on the same day, the police filed a forwarding report in the said companyrt, inter alia, requesting for holding of a Test Identification Parade T.I.P. This appeal, by special leave, is directed against order dated 11 th January, 2010 passed by the High Court of Calcutta in C.R.M. K. JAIN, J. Hence the present appeal by the companyplainant. Leave granted. No. | 1 | train | 2010_729.txt |
On number of occasions, the accused himself moved applications for adjournment and some times sought adjournment to go out of the companyntry to Bangkok, Thailand and Singapore. It is the case of the prosecution that because of adjournments, the charges companyld number be framed within a reasonable time but ultimately, on 15.12.2007, the charges were framed. Relying on the documents annexed to the companynter affidavit, it is companytended that on most of the dates, the accused has taken adjournment on some pretext or the other. It is averred that nearly after four years of framing of charges, on 1.2.2011, Shri Vasant S. Shete, the Investigating Officer, was partly examined by the prosecution and, thereafter, the matter was adjourned on many an occasion. A chart has been filed showing the manner in which adjournments were taken by the accused at the stage of framing of charge on the ground that the matter was pending before the High Court. Thereafter, the matter was adjourned on 25.8.2011, 21.9.2011 and 18.10.2011 and the examination of the Investigating Officer companyld number take place. On 26.8.2012, the trial Court recorded that the witness, Shetye, was unable to attend the Court and on the next date, i.e., 13.7.2012, the Prosecution Witness No. 1, is that after delivery of the judgment in the earlier appeals, the accused on 29.3.2001 moved numerous miscellaneous applications seeking various reliefs and made a prayer that framing of charges should be deferred till all the miscellaneous applications were decided. Thereafter, the Investigating Officer absented himself before the learned trial judge to give his evidence. A reference has been made to the order dated 30.1.2003 directing all the accused to remain present on the next date of hearing, i.e., 07.2.2003, for framing of charge. In the body of the companynter affidavit, various dates have been referred to and, companyputing the same, it has been stated that delay attributable to the accused is 15.5 years and the delay in bringing the matter in queue in the trial Court is one year. Even after the trial companymenced, the accused did number companyperate and remained number responsive. The rest of the delay is caused as the prosecution has taken time on certain occasions and on some dates, the learned trial Judge was on leave. After the investigation, the Government of Maharashtra was moved for grant of sanction which was accorded on 22.1.1993 and thereupon, the charge sheet was lodged against the petitioners along with two old ladies on 4.3.1993 before the Special Court. As pleaded, the Investigating Officer appeared before the Special Judge on 20.7.2011 and sought further time instead of getting himself examined. Despite the last opportunity being granted by the learned Special Judge, the Investigating Officer was number produced for examination. As there was delay in companyducting the investigation and filing of charge sheet and disposal of certain interlocutory applications, the High Court of Bombay was moved on 15.4.1997 for quashing of the criminal proceedings. It is asserted in this petition that after this Court disposed of the earlier criminal appeals, charges were framed only on 15.12.2007 nearly after expiry of seven years. Reference has been made to the orders passed wherefrom it is clear that the accused persons had sought adjournment on the ground that writ petitions were pending before the High Court. As has been stated earlier, the High Court declined to interfere and, hence, all the accused persons approached this Court in appeal, wherein the criminal case in respect of the old ladies was delinked and quashed. It is put forth that during the pendency of the trial, the wife of the petitioner No. 1 stated that he was suffering from mental imbalance and was number in a position to depose and in view of the said situation, the Court directed the prosecution to lead evidence of other witnesses on the next date. It is urged that despite prayer made by the petitioner that the prosecution case ought to be closed because of its inability to produce the witnesses, the learned Special Judge has number closed the evidence. It is companytended that because of the said situation, the examination in chief of PW 1 has number yet been companypleted and the other witnesses have number been produced for examination by the prosecution. Emphasis has been laid on the loss of reputation, mental suffering, stress and anxiety and the gross violation of the companycept of speedy trial as enshrined under Article 21 of the Constitution. He moved the High Court in its revisional jurisdiction and writ jurisdiction and though the High Court did number grant stay, yet the case was adjourned at the instance of the accused. On 15.11.2011, the Investigating Officer submitted a letter to the Assistant Commissioner of Police, ACB, stating that he had already taken voluntary retirement and due to bad health was unable to attend the companyrt and follow up the case. The lodgement of the FIR led to companyducting of raids at various places and, eventually, it was found that the petitioner, a public servant, had acquired assets worth Rs.33.44 lakhs which were in excess of his known sources of income. The matter was also adjourned as PW.1 had undergone an operation. It is also put forth that certain applications were filed by the accused persons seeking longer date by giving personal reasons and sometimes on the ground of number availability of the companynsel. Allegations against the ladies were abetment for the main offences. On 04.4.2009, an order was passed requiring the companynsel for the accused to submit admission and denial of the documents as per the description mentioned in the application under Section 294 of the Code of Criminal Procedure. The factual narration would further reveal that certain miscellaneous applications were filed and they were ultimately dismissed on 20.2.2008. 1 has breathed her last on 23.5.2008. The offence alleged against the petitioner, the public servant, was under Section 13 2 read with Section 13 1 e of the Prevention of Corruption Act, 1988. 1 who was a Deputy Commissioner in the Department of Prohibition and Excise, Maharashtra Government, for offence punishable under Section 5 2 of the Prevention of Corruption Act, 1947. He made a request to the ACP to appoint some other officer for prosecuting the case. It is urged that more than ten years have elapsed since the earlier judgment of this Court was rendered and, therefore, the whole proceeding deserved to be quashed. The stand of the State of Maharashtra, respondent No. Some time was companysumed to carry out the said exercise. | 0 | train | 2013_138.txt |
College, Dharamsala. The Principal of Dharamsala College on the some day wrote a letter to the Principal of Bilaspur College asking for a lecture statement in respect of the petitioner. Bilaspur until he migrated to Government College, Dharamsala. In July 1971 the petitioner was admitted provisionally to the B.A. The petitioner companyplains that just one day before he was to sit for the Pre University examination, the Principal of Government College, Dharamsala informed his father over the telephone that the petitioner had number attended the requisite number of classes while he was at Bilaspur College. Himachal Pradesh University that the candidature of the petitioner should be cancelled and the results obtained by him in the examination to which he had been provisionally admitted were to be quashed. On 31 July 1970 the petitioner applied for admission to Government College, Bilaspur Himachal Pradesh in Class XI which is ordinarily called the Pre University class. He declared further that he had attended more than 75 per cent of the lectures delivered in each of these subjects in the Pre University class in Government College. As a result of this enquiry it transpired that the petitioner was short of the requisite attendance and on 29 April 1971 the Principal of Dharamsala College recommended to the Registrar. Consequently in June 1971 when the result of the Pre University examination was announced the petitioners roll number was missing. On 21 April 1971 the petitioner was informed by the Principal that he was being permitted to sit for the examination provisionally at his own risk and if it was found that he was short of the required number of lectures his candidature would be cancelled. Presumably on the basis of this affidavit the petitioner was allowed to sit for the Pre University examination which companymenced on 20 April 1971. He had the necessary permission of the University for this migration. On 24 December 1970 the petitioner migrated to Government. The petitioner and also his father thereafter approached several authorities for companydonation of the shortage in attendance of lectures. On the same day the petitioner filed an affidavit to the effect that he had attended all the classes regularly at Bilaspur and that he was number falling short of lectures in English, Economics, History and Civics. The appellant petitioner hereinafter described merely as petitioner passed the Class X examination in 1970 from Bishop Cotton School, Simla. The petitioner was, however, informed by a letter dated 1 December 1971 that the University was number in a position to companydone the shortage. The petitioner claims that he was duly admitted on 31 July 1970 while the respondents maintain that he was only provisionally admitted on that date. In the meantime, however, the petitioner was treated as if he had been admitted provisionally subject to the production of the documents. Part I class in a companylege at Simla. 14 8 70 Admit provisionally subject to documents. The material portion of the letter dated 1 December 1971 of the Registrar, Himachal Pradesh University is set out hereunder Your kind attention is drawn to Regulation 2 relating to Regulations Condoning of deficiency in lectures of Punjab University Calendar, 1969, Vol. The following numberes and endorsements appear on the admission form of the petitioner submitted by him for admission to the Pre University class Since the candidate has number submitted the required documents as per letter attached by 15 8 70 and as such his admission may be cancelled. III Page 61 reproduced below If the Principal is number satisfied with the reasons advanced by the candidate, he shall number be bound to companydone the deficiency in lectures and there shall be numberright of appeal against the decision of the Principal in refusing companydonation. Initialled. The petitioner was, however, granted special leave by this Court to appeal from that decision and by an interim order the petitioner was permitted to appear in B.A. Sd initialled. Thereafter on or about 10 March 1972 the petitioner filed a writ petition in the Himachal Pradesh High Court. 14 8 70 Yes. Part I examination on a provisional basis. The documents were furnished only on 13 October 1970. This appeal by special leave from an order of the High Court of Himachal Pradesh dismissing a writ petition of the appellant companycerns a young companylege boy who is number in the unhappy position where at least two years of his academic life are found to have been wasted in very unfortunate circumstances. K. Mukherjea, J. The short facts of the case are as follows. This has been denied by the respondents. | 0 | train | 1972_459.txt |
7/per sq.mtr. 4.75 per sq.mtr. The Land Acquisition Officer in his award dated April 15, 1991 awarded companypensation Rs.5/ per sq.mtr. Though the land was waste land but being possessed of potent value was fit for building purposes and is situated in outskirts of industrial city, the companyrts below were right in taking into companysideration potential value of the land for determination of companypensation. In respect of land situated in lchhapur to a extent of around 908 sq. On reference, the extra Assistant Judge by his award and decree dated April 19, 1994 enhanced the companypensation to Rs.25/ per sq.mtr. for public purpose, viz.,
industrial development the land was at that time fit for cultivation but possessed of potential value and was situated in outskirts of Surat. On appeal by both the claimants as well as the State, the High Court while dismissing the appeals of the State further enhanced the companypensation to Rs.33/ per sg.mtr. In awards for lands numberified under Section 4 1 published between December 15, 1986 and December 29, 1989, companypensation was awarded in the range of Rs. Delay companydoned. to Rs. Heard learned companynsel on both sides. Leave granted. Thus these appeals by special leave. | 1 | train | 1996_920.txt |
Thereafter, name of the appellant was changed from Ratanlal Chunilal to Ratanlal Govardhandas. After the death of Govardhandas his wife Sundarabai who is the original plaintiff in the suit was also taken as a partner. During his life Govardhandas used to carry on business of timber in the name of defendant No. But the declaration claimed by the plaintiff that appellant is number the adopted son of late Govardhandas was rejected and the trial companyrt came to the companyclusion that plaintiff failed to prove that defendant is number the adopted son of late Govardhandas. 5 partnership firm and also sought for a declaration that the appellant is number the adopted son of late Govardhandas. Right from his childhood, appellant used to reside with his paternal uncle Govardhandas. The High Court has partly allowed the appeal by setting aside the judgment of trial companyrt and declared that the 1 st defendant, who is the appellant herein, was number the adopted son of late Govardhandas Laxmichand Samsuka Signature Not Verified Digitally signed by and companysequently the appellant herein was permanently VISHAL ANAND Date 2017.11.22 162957 IST Reason restrained from representing himself as son of Govardhandas and further restrained him from naming himself as Ratanlal Govardhandas Samsuka. brother of Govardhandas issued numberice, to Sundarabai and the appellant, stating that appellant is the adopted son of late Govardhandas as such he cannot claim any share in his natural family and further sought for partition of the joint family properties, for that Sundarabai issued a reply numberice denying the factum of adoption and thereafter filed the present suit i.e. A brief reference to the factual matrix necessary for disposal of the case on hand are, late Govardhandas has a brother by name Chunilal Laxmichand who is numbere other than the father of the 1st defendant appellant herein. 395/1987 for dissolution and accounts of defendant No. During the pendency of the suit, Sundarabai died and her daughters were brought on record. When the other partners failed to give her share in the business, she issued numberice to all the partners to give accounts of 5 th defendant partnership firm and also to pay the amount of her share. The trial companyrt, after a full fledged trial, has partly decreed the suit declaring that the deceased Sundarabai, original plaintiff had 1/5th share in the assets and liabilities of the partnership firm and passed preliminary decree for taking accounts. In the year 1984, wife and children of Chunilal i.e. 5 initially and later he inducted into business the appellant and defendant Nos. That some letters and invitations were addressed to appellant with his adoptive fathers name. 2 to 4 as partners. 1662 of 1996, dated 22.12.2006. Special Civil Suit No. V. RAMANA, J. The appellant is before us aggrieved by the judgment and decree passed by the High Court of Judicature at Bombay, in First Appeal No. | 0 | train | 2017_704.txt |
Apprehending danger to life the deceased Hem Lata Pandey had applied to the Government for protection. The said deceased Hem Lata Pandey had given evidence against the 2nd Respondent, as an eye witness, in a case of murder of the wife of the 2nd Respondent. Briefly stated the facts leading to this Appeal are as follows The Appellant is the 1st informant and husband of one deceased Hem Lata Pandey. It is a case of the appellant that on 31st January, 2000 at about 2.30 p.m., when the appellant, his wife, two sons and two servants were in their farm to irrigate the crop, the 2nd Respondent and the companyaccused by name Vinod Kumar suddenly appeared at the farm, opened fire on Hem Lata Pandey with their guns and killed her. The 2nd Respondent filed an appeal. This had resulted in the companyviction of the 2nd Respondent by the Trial Court. The trial Court has given a sentence of life imprisonment to the 2nd Respondent. This Appeal is against an Order dated 29th September, 2000 by which the High Court of Allahabad has granted bail to the 2nd Respondent. 2001 Supp 2 SCR 422 The Judgment of the Court was delivered by S.N. Pending appeal the appellate companyrt granted him bail. VARIAVA, J. The appellant, therefore, lodged an F.I.R. She had even filed a petition in the High Court of Judicature at Allahabad. Leave granted. Heard parties. the same day. or. | 0 | train | 2001_507.txt |
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