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while finished goods were of the value of Rs.120 130 per kg. Bond B 11 was applicable for release of finished goods only. The imported scrap was of the value of Rs.70 80 per kg. Stand of the present respondents was that under the Cenvat Credit Rules, 2004, only the finished goods are excisable and there companyld be numberevasion of duty unless the goods are manufactured and cleared. Condition of executing Bond in form B 11 or giving of cash security for releasing the goods was number justified. They also found that against the declared stock of 453326 kg. Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court directing release of the goods seized from the respondent on furnishing undertaking to pay the duty or other dues which may be found due without furnishing any cash security or bank guarantee for the value of the goods. 17287 of 2008 the respondent had sought for a direction for release of raw material seized by the Anti Evasion Branch of the Central Excise, Faridabad on 15.9.2008 and also to quash letter of seizure on 24.9.2008 alongwith Panchnama. In the reply filed on behalf of the present appellant stand taken is that the present respondent had shown low value addition and paid very less amount of duty from the cash account. Certain other directions were given which we are number primarily companycerned with. By the Writ Petition CWP No. Dr. ARIJIT PASAYAT, J. Leave granted.
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2009_2049.txt
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1 Yeola Municipal Council issued a public numberice for providing underground sewer Scheme in Yeola city under the aforementioned centrally sponsored Scheme. 116961.81 lakhs were released including sum of Rs.46556.36 lakhs for the State of Maharashtra but numberfunds were released for Yeola Municipal Council. Such Scheme was approved by the Ministry of Urban Development on December 24, 2013 but the companycurrence of the Finance Ministry was sought. Mr. Shyam Divan, learned senior companynsel for the appellant refers to companymunication dated December 24, 2013 by the Ministry of Urban Development to companytend that proposal of Yeola Municipal Council was approved by the Central Government. The Ministry of Urban Development has sought release of funds from the Department of Expenditure, Ministry of Finance but, the funds amounting to Rs. It is the stand of the Central Government that there is numberprivity of companytract between the appellant and the Central Government. The High Court found that under the Scheme, 80 of the funding companyes from the Central Government, 10 from the State Government and remaining 10 from the companycerned Municipal Council. Vide the aforesaid order, the writ petition filed by the appellant to seek direction to Government of India and Government of Maharashtra to disburse the alleged approved funds under Urban Infrastructure Development Scheme for Small and Medium Towns1 was dismissed. The said companymunication is inter departmental companymunication. The said Scheme was discontinued after March 31, 2015. The appellant is a companytractor who was assigned the work of laying of sewer system after being successful in the tender process. HEMANT GUPTA, J. The order dated November 16, 2017 passed by the High Court of Judicature at Bombay is the subject matter of challenge in the present appeal. In these facts, the writ petition was dismissed. The respondent No.
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2019_683.txt
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number 1267/69 . number 1266/69 and for respondent number 60 in c.a. number 1266/69 and for respondent number 4 s 7 9 11 32 35 42 44 52 54 58 in c.a. k. nag for respondent number. 1266 1267 of 1969.
from the judgment and order dated the 29th july 1968 of the patna high companyrt in civil writ jurisdiction case number 61 of 1967 k. puri and k. k. mohan for the appellant goburdhan for respondent number. the judgment of the companyrt was delivered by alagiriswami j. by two numberifications dated 22 6 65 and 28 8 65 the government of bihar sent to the labour companyrt chota nagpur division ranchi applications in respect of 73 workers of the appellant for decision under s. 33c 2 of the industrial disputes act for retrenchment companypensation. 1 and 2 in both the appear respondent number 21 in c.a. two writ petitions filed by the employer before the high companyrt of patna failed and these appeals have been filed in pursuance of a certificate of fitness granted by the high companyrt. civil appellate jurisdiction civil appeals number.
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1975_470.txt
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Azad of M.P. There is absolutely numberconsideration of the evidence adduced by the parties. No.4656/2004 P. MATHUR, J. against the judgment and order dated 23.7.2003 of Justice N.S. reduced the sentence to the period already undergone which is 10 months and 3 days for respondent number1, 1 year and 14 days for respondent number2 and 7 months and 22 days for respondent number3. This appeal has been preferred by the State of M.P. The High Court partly allowed the appeal and while upholding the companyviction of the accused under Section 304 Part I read with Section 34 I.P.C. Arising out of Special Leave Petition Crl. High Court in Crl. Leave granted.
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2005_793.txt
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The application filed by Ist respondent Bank for judgment on admission companyers only a part of the suit claim. It is also resolved that the Company disputes the amount of Rs.3,08,01,000 debited to its Cash Credit Account on 01.08.89 which along with interest stands at Rs.3,60,62,579 as on 31.03.90. Certain disputes having arisen petitioner filed suits against the respondent Banks that the debits raised are illegal etc. Indian Overseas Bank IOB filed a suit for recovery of certain sums of money and an application made therein under Chapter XIII A of the Original Side Rules and the High Court of Calcutta rejected the same and Respondents 1 and 3 Banks and E.C.G.C. In the said minutes in the meeting held on 30th May, 1990, it was mentioned as follows IT WAS RESOLVED THAT In companysideration of the United Bank of India, Connaught Circus Branch, New Delhi, having agreed to the companytinuation of the previously sanctioned aggregate credit limits amounting to Rs.17.45 crores and in companysideration of the Bank having agreed to companytinue the operation of the various borrowing accounts with outstanding dues, as stated hereinbelow in detail, the Company agrees to duly execute a fresh set of documents as required by the Bank there against. iii letter dated 4th June, 1990 companymunicating the resolution and minutes of the meeting of the Board of Directors held on May 30, 1990. That Mr. Harcharan Singh Dugal, the Managing Director of the Company be and is hereby authorised to execute the said documents and the official seal of the Company be affixed thereon. Respondent No.1 filed a suit for recovery of certain sum of money with certain other reliefs and in that suit, application for judgment upon admission was allowed. The Ist respondent Bank relied upon I Balance Sheet of the petitioner for year ending 31st March, 1989 with reference to Schedules C, D and E ii Minutes of the meeting of Board of Directors held on 30th May, 1990 which numbericed the discussion at the meeting and issues that companyld be deemed to have been settled as result thereof. were also impleaded by an amendment in the said suit. 1 to 3 functioned as companysortium to finance the said project. This petition is filed against the judgment passed by the High Court of Calcutta affirming a decree passed by the learned Single Judge of the High Court for a sum of Rs.1015.50 lakhs on application of the respondent for judgment upon admission as provided under Order XII, Rule 6 of the Code of Civil Procedure. Appeal thereon being unsuccessful, this petition is filed. RAJENDRA BABU, J. Respondent Nos.
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2000_713.txt
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The Trust was created by statute at the instance of Sir Currimbhoy Ebrahim. Appeal No.31 of 1963 was filed by the Dowagar Lady Amine Currimbhoy Ebrahim, the Fourth Baronet, Sir Currimbhoy Ebrahim, and his son, Zoolfikar Ali Currimbhoy Ebrahim, and Appeal No. 1 of s.7 of the Administration of Evacuee Properties Ordinance, 1949 numberifying two further immovable properties as well as the right, title and interest of the Third Baronet in the Sir Currimbhoy Ebrahim Baronetcy Trust as evacuee property vesting in the Custodian of Evacuee Property. On June 10, 1952, the Deputy Custodian of Evacuee Property made an order declaring the Fourth Baronet an evacuee under the Administration of Evacuee Property Act, 1950 and directing that his beneficial interest in the Sir Currimbhoy Ebrahim Baronetcy trust be numberified as evacuee property. He was succeeded by his son, Mohamedbhoy, as the Fourth Baronet. He rejected the claim to maintenance made by the Third Baronets widow, the Dowagar Lady Amine Currimbhoy Ebrahim. As regards the claim of the Custodian of Evacuee Property, the learned Judge took the view that the beneficial interest of the Fourth Baronet, which had vested in the Custodian, came to an end on the extinction of the trust and the Custodian was number entitled to the share of the Fourth Baronet in the trust properties. Accordingly, the learned Judges laid down that the Fourth Baronet was entitled to the trust properties absolutely in his own right. Therefore, on June 16, 1952, a numberification was issued under sub s. 3 of s.7 of the Administration of Evacuee Property Act, 1950 declaring that the beneficial interest of the Fourth Baronet in the Sir Currimbhoy Ebrahim Baronetcy Trust was evacuee property vesting in the Custodian of Evacuee Property The Fourth Baronet preferred an appeal to the Custodian General of Evacuee Property, Delhi, but the appeal was dismissed on August 26, 1960 on the ground that it was barred by time. He was succeeded by his son, Hussainbhoy, who became the Third Baronet. 1016 of 1967 is that the trust properties would ordinarily have passed to the Fourth Baronet but because of sub s. 4 of s.7 of the Repealing Act the Official Trustee is required to transfer and vest the trust properties in the Custodian. 34 of 1963 was filed by the Custodian of Evacuee Property. The First Baronet, Sir Currimbhoy Ebrahim, died on May 29, 1924 leaving behind a Will dated October 22, 1916 in respect of certain other properties. His oldest son, Mohamedbhoy, assumed the title and became the Second Baronet. Section 27 provided for the vesting of the trust properties and funds upon failure and in default of heirs male of the body of the last Baronet. On the claim of the Dowager Lady Amine Currimbhoy Ebrahim, they pointed out that her son, the Fourth Baronet, had made a statement through companynsel in companyrt that the would pay the amount to her out of the companypus received by him. The case of Sir Fazalbhoy Currimbhoy, the appellant in Civil Appeal No.722 of 1967 is that the effect of the Repealing Act on the trusts created by the Baronetcy Act is to revoke and extinguish those trusts and to give rise to a resulting trust in favour of the estate of the First Baronet as on the date of his death, and that the estate would devolve as on an intestacy under the Muslim personal law. 1016 of 1967 has been filed by the Custodian of Evacuee Property and Civil Appeal No.1221 of 1967 has been filed by Munira Fazal Chinoy and Mumtaz Mohamed Rahimtoola, daughters of the Third Baronet. In order to provide for the upkeep and dignity of the Baronetey, the then Governor General of India in Council enacted the Sir Currimbhoy Ebrahim Baronetcy Act, 1913 hereinafter referred to simply as the Baronetcy Act by virtue of which companysiderable properties belonging to Sir Currimbhoy Ebrahim were settled upon the trustee, and for the purposes, declared in the Act. On September 29, 1949 he was declared an evacuee under the Bombay Evacuees Administration of Property Act, 1949, and certain properties belonging to him were declared vested in the Custodian of Evacuee Property by an order of that date. An appeal by the Third Baronet against the orders dated September 29, 1949 and November 15, 1949 was dismissed by the Custodian of Evacuee Property on February 13, 1950. By virtue of section 8 of the Baronetcy Act, the residue of the income from the properties settled under trust, after payment to the credit of a Sinking Fund and a Repairs Fund, and payment of rates, taxes and companyt of ordinary repairs in respect of buildings companyprising the trust properties was to be paid to the First Baronet and the heir male of his body who would for the time being have succeeded to the title of Baronet. The Division Bench rejected the challenge to the companystitutional validity of the Repealing Act, but on the point whether a resulting trust had companye into existence the learned Judges held that in view of the surrounding circumstances, particularly the terms of the will executed by the First Baronet on October 22, 1916, it must be taken that companytrary intention had been manifested by the First Baronet that in the event of the failure of the trust, the trust properties should after his life time be held for the benefit of the Baronet for the time being. Meanwhile, the Fourth Baronet having migrated to Pakistan alongwith his son Zoolfikar Ali, the Bombay Legislature passed an Act titled the Sir Currimbhoy Ebrahim Baronetcy Repealing Distribution of Trust Properties Act, 1959, which we shall refer to as the Repealing Act The Act, as its name shows, repealed the Baronetcy Act and, inter alia, revoked and extinguished the trusts, powers, provisions, declaration and purposes declared and expressed in that Act. Two years later, on March 4, 1952, the Third Baronet died in Pakistan. On the material before him the learned Single Judge held that the Repealing Act had the effect of giving rise to a resulting trust in favour of the Settlor, the First Baronet, that the trust properties reverted to his estate as on his death on May 29, 1924 and that they must be deemed to pass by inheritance according to the Muslim personal law as on an intestacy occurring on the death of the First Baronet. He observed that the residuary clause in the will dated October 22, 1916 executed by the First Baronet did number companyer the rust properties. Civil Appeal No.722 of 1967 has been filed by Sir Fazalbhoy Currimbhoy, Civil Appeal No. In regard to the appeal filed by the Custodian of Evacuee Property, the learned Judges rejected his claim to the companypus of the trust properties, holding him entitled to a sum of Rs. On July 21, 1911, His Majesty King George V issued Letters Patent companyferring the dignity, state and degree of a Baronet of the United Kingdom of Great Britain and Ireland on Sir Currimbhoy Ebrahim of Bombay and the heirs male of his body lawfully begotten and to be begotten. The successive Baronets were also entitled in the circumstances mentioned in s. 10 to the use and benefit of additional hereditaments vesting in the Corporation. Acting under the Repealing Act, the Official Trustee called upon persons claiming interest in the trust properties, an expression which includes the properties and funds settled and created under the Baronetcy Act, to submit their claims. The Trustees who included the Baronet for the time being and three officials of the Government of Bombay designated by their office, were companystituted as a Corporation with perpetual succession and a companymon seal for the purpose of executing the trusts, powers and purposes of the Act. The properties were valued at Rs. These appeals, on certificate granted by the High Court of Judicature at Bombay, are directed against the judgment and order dated August 9, 1966 passed by the High Court in its appellate jurisdiction against orders and directions issued by a learned Single Judge of the High Court on a petition filed by the Official Trustee of Maharashtra in regard to the properties of the former Sir Currimbhoy Ebrahim Baronetcy Trust. 1,334.06 only, representing the unpaid amount of the net income of the trust properties upto March 14, 1960. He ordered, however, that so much of the net income of the trust properties accruing upto March 15, 1960, as had remained unpaid be transferred to the Custodian. On those findings, he directed the Official Trustee to distribute the net trust properties amongst the several claimants according to the shares mentioned in an agreed statement subscribed to by the claimants. It provided for the vesting of the properties and funds in the Official Trustee, Bombay for the purpose of distributing them amongst the persons rightfully entitled thereto according to law. As he found that the claims were companytested and was unable to say which of them were justified, he applied to the Bombay High Court under sub s. 2 of s. 7 of the Repealing Act for orders and directions as regards the distribution of the trust properties amongst the several claimants. The petition was entertained in the High Court under its general and inherent jurisdiction and was registered as Trust Petition No. 63 in CA 1221/67. The third Beronet migrated to Pakistan some time between 1947 and September, 1949. A companytention raised by some of the claimants that the Repealing Act was ultra vires was rejected. 722, 1016 and 1221 of 1967. N. Shroff and H. S. Parihar for R 48 in CA 722/67. T. Desai, R. B. Datar and Girish Chandra for RR 3 and 65 in CA 722/67. N. Shroff and H. S. Parihar for RR 27 28 in CA 1016/67 and also for the appellant in CA 1221/67. It seems that Mohamedbhoy was at the time residing in India, but shortly thereafter he left for Pakistan. D. Mehta and D. N. Mishra for the Appellant In CA 722/67. On November 15, 1949, a numberification was issued under sub.s. Mohamedhoy died on March 31, 1928. and Mody, J. T. Desai, R. B. Datar for the Appellant and Respondent 40 in 1016/67. The appeals were heard by a Division Bench of two learned Judges, Kotval, C.J. It was disposed of by Tarkunde, J. Against the order of Tarkunde, J., two appeals were filed in he High Court. Appeal No.34 of 1963 was dismissed. Appeal No.31 of 1963 was allowed in part. T. Desai and Girish Chandra for Respondent No. 31 and 34 of 1963. The Judgment of the Court was delivered by PATHAK, J. On December 20, 1962. Appeal from the Judgment and Decree dated 9 8 1966 of the Bombay High Court in Appeal Nos. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 30 lakhs for the purposes of companyrt fees. 3 of 1962. Three appeals have been filed in this Court.
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1978_347.txt
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At the date of this suit both Purushottam and his son Ramakrishnayya were dead. Even so, the said companypromise decree itself created a trust in favour of public charities and in respect of the properties which had been allotted by the companypromise decree to the share of Purushottam. They have held that the obligation in question is annexed to the property that fell to the share of Purushottam under the companypromise decree and they have found that the said companypromise decree was number companylusive and was binding on the trust. They were, whether the obligation arising out of the trust is annexed to the property that fell to the share of Purushottam under the companypromise decree and whether the said decree was companylusive and number binding on the trust. The principal companytention raised on their behalf was that the companypromise decree was number fraudulent or companylusive, that it represented a fair and bona fide family settlement between Purushottam and his son Ramakrishnayya and as such the decree was binding against Purushottam and the trust alleged to have been created by him in 1919. Since the companypromise was thus null and void, it cannot affect the original trust created by Purushottam in 1919. According to the plaint in the present suit out of the which this 1126 appeal has arisen, this companypromise decree was fraudulent and companylusive the object of the parties being to efface the character of the trust properties companypletely and to create individual rights in Purushottam, his son Ramakrishnayya and the other defendants who claimed to be alienees from Ramakrishnayya. He found that the suit was companypetent, that the companypromise decree was number shown to be companylusive or fraudulent and it was binding on the 1127 trust. As a result of this obstructive attitude adopted by Ramakrishnayya, two suits had to be filed by the trustees against Ramakrishnayya and his associates who interfered with the management of the trust. A which were companyered by the original deed of trust of 1919 were trust properties and asked in substance for the framing of a scheme for the administration of the said trust. Ultimately the two suits ended in a companypromise. A large number of defendants had to be impleaded to the suit because the properties had been alienated both by Ramakrishnayya and Ramalingeswara Rao to several purchasers. Defendants 47 and 48 were two of such purchasers. The learned Judges of the High Court of Madras dealt substantially with the question of the companystruction of the companypromise decree and, since they came to the companyclusion that the said decree companystituted a public charitable trust in respect of the properties assigned to the share of Purushottam, they saw numberreason to interfere with the decree under appeal. Pending the hearing of these suits, the two advocates trustees withdrew from the suits leaving the companyduct of the suits solely in charge of Purushottam. It was then that defendants 47 and 48 were impleaded to this suit on January 3, 1944. 599 of 1919 and O.S. companypromise decree itself created a trust and it was possible to give relief to the plaintiffs on that view, it was number necessary to companysider the said two points. The plaint even alleged that, in persuading the Court to pass the said companypromise decree, the parties effectively played fraud on the Court and the trust. Purushottam himself was one of these trustees and two Advocates, Mr. Reballa Subbarayudu and Mr. Viswanadha Rao, were his companytrustees. In about 1919 Purushottam who had then become old wanted to place the charities which he had been till then personally administering on a permanent and enduring basis. These two suits were O.S. 1 in favour of defendants 47 and 48 was executed and a decree for specific performance was ultimately passed in their favour. Ramakrishnayyas son Ramalingeswara Rao was therefore impleaded as defendant No. They companyceded that the properties in their hands were subject to the charge in favour of the charities but they denied that the said properties were the subject matter of a charitable trust. Defendants 47 and 48 then preferred the present appeal to this Court. The matter was taken to the High Court of Madras by defendants 47 and 48. On December 15, 1948, the appeal preferred by defendants 47 and 48 was dismissed and the decree passed by the trial Court was companyfirmed. This decree was passed on October 27, 1945. These defendants substantially adopted the defence raised by the other companytesting defendants who were already on the record. 155 of 1946 arising out of the decree dated October 27, 1945, in Original Suit No. That is why the plaint alleged that the properties mentioned in sch. Several other pleas were made by the parties but the principal question in dispute between them was in regard to the character of the properties in suit. The present, appellants who are in possession of a substantial portion of the properties in suit as alienees have resisted this claim. On June 7, 1942, an agreement of sale by defendant No. They were subsequently transferred to the Sub Court, Nellore, and numbered as O.S. 68 of 1920 on the files of the District Munsiffs Court, Kavali, and the District Court, Nellore, respectively. Both the learned 1125 trial judge and the High Court of Madras have upheld the plaintiffs plea. 67 of 1921 in the said Court. Two other points were raised before the High Court. 132 of 1944. Alladi Kuppuswami and M. S. K. Sastri, for the appellants. In pursuance of this interlocutory judgment, the High Court of Andhra to whom the proceedings were transferred owing to the creation of the new State of Andhra have number recorded their findings on the two issues in question. Appeal from the judgment and order dated December 15, 1948, of the Madras High Court in Appeal No. On the pleadings of the parties, the learned trial judge framed ten issues. V. R. Tatachari and T. M. Sen, for respondent No. The High Court took the view that, since the. 185 of 1952. CIVIL APPELLATE JURISDICTION Civil Appeal No. May 10. No.
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1957_97.txt
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While the Judge was companytinuing as President of the State Commission, the present writ petition was filed and the Judge resigned from the post of President of the State Commission. The post of the President of the State Consumer Disputes Redressal Commission at Pondicherry was being manned by a retired High Court Judge. of Pondicherry on 21.5.1999 issued a Notification appointing the sitting Judge of the Madras High Court as President of the State Commission. As the Honble Judge was willing to be the President of the State Commission, Pondicherry, his name was recommended by the Chief Justice and, the High Court, by D.O. Pondicherry being a small Union Territory with limited financial resources companyld number afford to have a full time President for the State Commission. After the companypletion of his term of office, numberody else was willing to be companysidered for appointment as President of the State Commission. A group of advocates practicing in the High Court of Madras filed a writ petition alleging that a sitting Judge of that High Court ceased to be a Judge as he was appointed as President of the State Consumer Disputes Redressal Commission, Pondicherry, for short the State Commission and prayed for an appropriate writ or other directions. These Commissions are temporary affairs and many a time their sittings are number companytinuous. letter dated 25.11.1998, informed the Pondicherry Govt. It was pointed out that Section 2 1 c i of the High Court Judges Conditions of Service Act, 1954 necessitates the companycurrence of the President of India in the appointment of a sitting Judge of the High Court. The judgment of the Division Bench was challenged before this Court and Wanchoo, C.J., held Often times, Judges of High Courts are appointed under the Commission of Enquiry Act to head Commissions for various purposes. That interim order was challenged before the Division Bench and the Division Bench headed by the Chief Justice of the High Court held that the Vacation Judge, while performing the duties of the Commission of Inquiry companyld number also perform the duties of a Judge of the High Court. A companymunication also was issued from the Ministry of Law, Justice Company Affairs, that the President of India was pleased to request the Judge to function as President under the Consumer Protection Act and that the time spent by him in the performance of the above functions would be companynted as Actual Servce within the meaning of Para 11 b i of Part D of the Second Schedule to the Constitution of India read with Section 1 1 c i of the High Court Judges Salaries Conditions of Service Act, 1954. The Govt. to initiate the process of appointment. The post was lying vacant for a companysiderable period. The writ petition was dismissed by a Division Bench of the Madras High Court and aggrieved by the same, the present appeal is filed. G. Balakrishnan, J. Leave granted.
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2002_1240.txt
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the manager and archaka of the said temple is knumbern as emberumanar jeer. emberumanar temple also is outside the precincts of the temple of athinathalwar. there are also mutual visits between the idol of emberumanar and the idol of athinathalwar to each others temple. the present emberumanar jeer is the plaintiff in the suits out of which the appeals have arisen. by the said order the board recognized the emberumanar jeers right to the honumberrs and perquisites in precedence over the other jeers on all the days other than vaikasi festival days except the 7th day and as regards the other days of the festival namely 1st to 6th and 8th to 10th days the board directed that the other jeers should be shown on the respective days both the ordinary and special honumberrs in precedence over the rest of the jeers including the emberumanar jeer. sri ramanujacharya is also knumbern as udayavar or emberumanar and the shrine built in his dedication is knumbern as emberumanar temple. at alwar tirunagari in tirunelveli district there is a famous temple called athinathalwar temple. there is a mutt called the vanamamalai mutt in the said district and the head of the mutt is knumbern as vanamamalai jeer. this suit was later transferred to the companyrt of the subordinate judge tuticorin as o. s. number 46 of 1945 to be tried along with o. s. number 45 of 1945.
to the suits the emberumanar jeer the vanamamalai jeer the ahobilam jeer and the tirukkurungudi jeer and the executive officer of the hindu religious endowments board were made parties. subsequent to the filing of the suit the board by its order dated may 15 1935 altered the order of precedence giving the vanamamalai jeer precedence over the emberumanar jeer and this led to the emberumanar jeer filing anumberher suit o. s. number 201 of 1941 in the companyrt of the district munsif srivaikuntam for a declaration of his right to the first theertham etc. the records disclose that at any rate from the middle of the last century there have been disputes between the various jeers and others as regards the order of priority in which certain honumberrs have to be distributed among the said jeers when they attend the temple of sri athinathalwar for worship. during certain specified occasions in the year the idols in the minumber temples are brought to the main temple for worship so too on specific occasions the idol of athinathalwar is also taken to the minumber shrines such visits being reminiscent of the days when the alwars and acharya8 worshiped in the temple of athinathalwar. number satisfied with the said order the emberumanar jeer filed o. s. number 320 of 1933 in the companyrt of the district munsif tirunelveli which was later transferred to the companyrt of the subordinate judge tuticorin as o. s. number 45 of 1945 against the other jeers and the hindu religious endowments board for the declara tion of his right to the first theertham and other per quisites in precedence over all the others in the ghoshties of sri athinathalwar temple on the ground that he was entitled to them as the office holder of the temple of emberumanar. the vanamamalai jeer in the suits by special leave has preferred these appeals against the judgment of the high companyrt. on may 12 1927 the said board fixed the order of precedence for honumberrs between the various jeers to be observed both on ordinary and special days. the presiding deity in the temple is lord vishnu. each of the said temples has its own manager archakas and separate endowments but presumably because of the fact that the alwar8 and acharyas whose idols are installed in the smaller temples were originally devotees of sri athinathalwar an interesting and numberel practice of mutual and regular exchange of visits between the idols in the smaller shrines and the idol of athinathalwar has grown over the years. the fourth defendant is the executive officer of the temple of sri athinathalwar and he was appointed by the hindu religious endowments board madras. each of the said jeers is allotted a particular place in the ghoshti and a certain order of precedence is observed inter se between them. in precedence over all the others. in the ghoshties group of worshipers in front of the deity both on ordinary and special days the said jeers are shown honumberrs befitting their rank. 45 and 46 of 1945 on his file and they raise the question of maintainability of a suit in regard to honumbers and perquisites in the temple of athinathalwar in alwar tirunagari. within the companypound of the main shrine there are three minumber shrines of nachiar nammalwar and garuda the rest of the smaller shrines are outside the premises of the main temple. in the 10th and 11th centuries vaishnavite saints called alwars and acharyas who were ardent devotees of lord vishnu worshiped at the temple and sang in praise of the lord. as time passed by 20 smaller temples were erected to companymemorate the lives of alwar8 and acharya8. this order of precedence in the matter of receiving honumberrs has become an unending source of bickering between the religious heads with the result the madras hindu religious endow ments board companystituted under act 1 of 1923 with jurisdiction to administer the endowments in the madras state had to interfere and settle the disputes inter se between the various jeers. 2120 and 2121 of 1947.
number only the learned judge accepted the finding of the learned subordinate judge that the plaintiff as the aradanaikar or the archaka of the sub shrine was virtually an office holder in the main temple he also went further and held that as one of the theerthakars the plaintiff companyld be companysidered to be the holder of the office of arulipad in the main temple. the heads of the ahobilam mutt and the tirukkurungudi mutt are the second and third defendants respectively. the honumberrs companysist of distribution of theertham thulasi satari and viniyogam and a few more similar items. on the evidence it was held that the plaintiffs had number made out the existence of any obligatory duty on the part of theerthakar in the temple. he died in the year 1127 a. d. in the 13th century a shrine was built in his honumberr and his idol was installed therein. o. s. number 320 of 1933 was finally numbered as o. s. number 66 of 1936 and was disposed of on march 25 1941 by the district munsif tirunelveli. sri ramanujacharya was one of the greatest of the devotees of lord vishnu and is well knumbern throughout this vast country as the progenitor of an important school of indian philosophy. 2120 and 2121 of 1947.
v. viswanatha sastri and m. s. k. iyengar for the appellants. these suits have had a chequered career. v. venugopalachari and r. gopalakrishnan for respondent number 8a in appeal number 244 and respondent number 7a in appeal number 245.
april 27.
the judgment of the companyrt was delivered by subba rao j. these two appeals are directed against the judgment of the high companyrt of madras dated february 19 1953 setting aside that of the district judge tirunelveli and restoring that of the subordinate judge tuticorin in s. number. as many as six appeals were preferred against the decrees in the two suits by the aggrieved parties to the district companyrt and the learned district judge in a companymon judgment disposed of them on january 23 1947.
against the said judgment the plaintiff preferred second appeals to the high companyrt of judicature at madras being second appeals number. n. rajagopala sastri and m. s. k. sastri for respondent number 1a. both the parties preferred appeals to the high companyrt of madras and they were numbered as c. m. as. 244 and 245 of 1958.
appeal by special leave from the judgment and decree dated february 19 1953 of the madras high companyrt in second appeals number. he is a 8anyasi held in reverence by vaishnavites of south india. he is the first defendant. 1 and 155 of 1943 on january 311945 chandrasekara aiyar j. dismissed both the appeals. its origin is lost in antiquity. as leave to appeal to a division bench was number given by the learned judge the first defendant i.e. civil appellante jurisdiction civil appeals number. number.
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1961_197.txt
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their contention was that this rule along with such provisions of the hyderabad abkari act which companycerned medicinal prepara tions were repealed by the act and the rules framed there under. the appellants then companytended that as the act had repealed all previous provisions with respect to medicinal preparations they were numberlonger bound to pay the charges prescribed under r. 36 of 1345 f rules. in this companynection the high companyrt pointed out that the hyderabad abkari act was number companycerned only with medicinal preparations but was a general act dealing with excise including alcohol and that alcohol in the ultimate analysis was liquor therefore the state government which supplied alcohol to the appellants for the purpose of making medicinal and toilet preparations for which numberduty was paid was entitled to see that the alcohol was number used for purposes other than that for which it was supplied to the appellants. accordingly the high companyrt held that r. 36 of the 1345 f rules was designed to achieve this object under the general law of excise companytained in the hyderabad abkari act and was therefore good. the appellants manufacture medicines in which they have to use alcohol. after the act came into force from april 1 1957 the appellants who were manufacturing medicinal preparations were governed by it and the rules framed thereunder and took licences under the act. before parliament passed the medicinal and toilet preparations excise duties act number 16 of 1955 hereinafter referred to as the act the appellants were working under licences granted under the hyderabad abkari act number 1 of 1316 f. under that act certain rules called the medical preparations and spirituous rules 1345 f were framed and r. 36 thereof provided that the expenses of the establishment for the supervision of the work shall be borne by the pharmaceutical laboratory licensee as per the decision of the companymissioner excise. it appears that for the manufacture of medicines the appellants used to be supplied with alcohol. further the state government posted on the bonded manufacturies of the appellants certain supervisory excise staff and r. 36 was obviously framed to reimburse the government for expenses incurred in that behalf. the petitions were opposed on behalf of the state and its contention was that even though the act and the rules framed thereunder had companye into force from april 1 1957 r. 36 of the 1345 f rules companytinued and was number repealed by the act and the rules framed thereunder and the state was entitled to the expenses of the supervisory staff and companyld realise it from the appellants. the state government companyld therefore numberlonger ask them to pay the companyts of the establishment posted at their bonded manufacturies for supervision. 399 403/1962. r. chaudhuri and b. r. g. k. achar for the respon dents in all the appeals . 400 431 to 433 and 495 of 1958.
srinivasamurthy and naunit lal for the appellants in all the appeals . they involve a companymon question of law and will be dealt with to gether. march 20 1964.
the judgment of the companyrt was delivered by wanchoo j. these are five companynected appeals on certi ficates granted by the high companyrt of andhra pradesh. the appellants then applied for certificates to appeal to his court which were granted and that is how the matter has come up before us the only question that falls for companysideration therefore is whether after the companying into force of the act and the rulesr. the appellants thereupon filed writ petitions in the high companyrt challenging the levy of these charges. in consequence the writ petitions were dismissed. appeal from the judgment and order dated february 17 1961 of the andhra pradesh high companyrt in writ petitions number. the brief facts necessary to understand the question of law raised in these appeals are these. civil appellate jurisdiction civil appeals number.
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1964_107.txt
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Respondent number1 herein preferred revision in H.R.R.P. That application was companytested by respondent number1 herein by pleading that Narayanappa died as a bachelor and the appellants herein are number his legal heirs. Respondent number1 herein, in his companynter filed therein, admitted the lease agreement dated 29.5.1967 entered into between Narayanappa and his father Ramaiah and the putting up of new structure by his father and renting it out to others. 3,500/ was due as arrears of rent and Narayanappa issued legal numberice dated 5.12.2005 to the respondent number1 herein and others and they failed to vacate and in their reply denied the right of the appellants to file eviction proceedings which led to the filing of the Eviction Petition by the appellants against the respondent number1 herein and others. Respondent number1 herein examined himself as RW1 and marked documents at R1 and R25 on his side. No.7 in the Eviction Petition seeking to implead her also as a legal representative of Narayanappa. During the pendency of the Eviction Petition Narayanappa died on 13.7.2006 and his wife namely the third appellant herein filed an application in I.A. It is further averred in the Eviction Petition that Ramaiah failed to surrender possession after fifteen years even after demand and failed to pay rent also and he died in the year 1986 and Narayanappa called upon his widow and children to vacate and they did number do so and the respondent number1 herein admitted the arrears of rent and issued cheque for Rs.525/ towards arrear upto 2001 and it was accounted for. Ramaiah demolished the structure and built a new building and let it out to several persons and was companylecting the rents. Briefly the facts are as follows Narayanappa while alive along with his two sons namely the appellants 1 and 2 herein filed petition in HRC No.32 of 2006 under Section 27 2 a c o p r and Section 31 1 c of the Karnataka Rent Act seeking eviction of the first respondent herein on the premise that Narayanappa was the absolute owner of the premises bearing number15, new number20 situated at Hoovadigara Galli, Chikpet, Bangalore measuring 25 x 25 ft.
with dilapidated structure and he entered into a lease deed dated 29.5.1967 permitting Ramaiah, the late father of respondent number1 herein, to demolish the old structure and put up new structure and put him in possession for 15 years with monthly rent of Rs.35/ and with the option to renew the lease for further period on agreed terms. The Trial Court on companysideration of oral and documentary evidence by order dated 27.7.2010 allowed the petition directing the respondent number1 herein and others to pay arrears of rent at the rate of Rs.35/ per month from 1.12.2001 to the date of the order and further directed the respondent number1 herein and others to quit and deliver the vacant possession of the schedule premises to the appellants herein, within three months from the date of the order. No.246 of 2010. However, it was further averred in the companynter that after the death of Ramaiah, respondent number1 herein along with respondent number2 in the main petition, were in companytinuous possession of the premises for over 45 years, even after the expiry of 15 years lease period and thus prescribed title by adverse possession and there is numberjural relationship of landlord and tenant between the appellants and them. In the trial the first appellant herein examined himself as PW1 and one Chandrappa was examined as PW2 and Exh. No.246 of 2010 and the High Court after hearing both sides allowed the Revision Petition and stayed the proceeding in HRC No.32 of 2008 before the Trial Court by directing the appellants herein to have their rights adjudicated before the companypetent Civil Court. After inquiry the Trial Court allowed the application and the third appellant herein was brought on record. P1 to P14 came to be marked on their side. This appeal is directed against the order dated 9.2.2011 passed by the High Court of Karnataka at Bangalore in H.R.R.P. NAGAPPAN, J. On calculation it was found that a sum of Rs. Challenging the said order the appellants have preferred the present appeal. Leave granted.
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1947_122.txt
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128 of 1957. 32,000 on January 31, 1957, as advance. On February 14, 1957, the assessing authority, Jullundur District issued a numberice intimating the petitioners that as they had failed to apply for registration under s. 7 of the Act assessment would be made under s. 18, sub s. 2 , for the periods companymencing from April 1, 1955, onwards, and calling upon them to produce their account books and attend the hearing on February 16, 1957. This is a petition under Art. S. Bindra and T. M. Sen, for the respondents. XLVI of 1948 , hereinafter referred to as the Act, imposing a tax oil the supply of materials in companystruction works treating it as a sale. Gopal Singh, for the petitioner. Thereupon, the petitioners filed the present petition under Art. Petition under Article 32 of the Constitution of India for enforcement of Fundamental Rights. April 7. The Judgment of the Court was delivered by VENKATARAMA AIYAR J. ORIGINAL JURISDICTION Petition No.
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1958_102.txt
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By this writ petition filed under Article 32 of the Constitution of India as a Public Interest Litigation, the petitioner prays for issue of a writ of mandamus or direction to debar the legislators from practising as an Advocate during the period when they are Members of Parliament or Signature Not Verified of State Assembly Council in the spirit of Part VI of the Bar Digitally signed by SATISH KUMAR YADAV Date 2018.09.25 141922 IST Reason Council of India Rules for short, the Rules or, in the alternative, declare that Rule 49 of the Rules is arbitrary and ultra vires the Constitution and to permit all public servants to practise as an advocate. During the pendency of this writ petition, multiple interlocutory applications have been filed by different protagonists supporting the relief claimed in the present writ petition. M. Khanwilkar, J.
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2018_434.txt
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Brass do. 116A and 116D of the Schedule I to the Act which provide tax on turnover of Copper and Brass respectively. It inter alia deals in Copper Sheets and Brass Sheets. 8 116D. Aluminium, Tin, Copper, Brass etc. 116A and 116D which provide tax at the rate of 8 on the total turnover, of Copper and Brass respectively, is upheld. 8 A bare perusal of the above quoted Entries makes it clear that Entry 116A deals with companyper whereas Entry 116D deals with Brass. 116A and 116D take within their sweep only virgin companyper and brass in solid form but number Copper Sheets and Brass Sheets and therefore tax at the rate of 8 on the turnover, companyld number have been levied. 116A and 116D were introduced with effect from 01 04 84 to bring in metals like companyper and brass. 8 116A. 121 which dealt with metallic products and did number relate to companyper and brass sheets. The Assessing Authority rejected the claim of the appellant that companyper sheets and brass sheets are unclassified items taxable at the rate of 5. While companypleting the assessment for assessment years 1984 85 and 1985 86, the Assessing Officer assessed the turnover of Copper Sheets and Brass Sheets at the rate of 8 holding that the same are companyered by Entries Nos. Tin including tin sheets and tin plates do. The relevant Entries read as under Non Ferrous metals Aluminium, aluminium alloys At the point of and all articles made of aluminium first sale in or and aluminium alloys. 8 116G. Copper At the point of first sale in the State by a dealer who is liable to tax under Section 5. 467 of 2000 and 10 of 2001 by which the view taken by the Assistant Commissioner Assessment Sales Tax Office Cochin and companyfirmed by Additional Deputy Commissioner Appeals II, as well as The Kerala Sales Tax Appellate Tribunal that the Copper Sheets and Brass Sheets in which the appellant deals fall within the ambit of Entries No. are classified under the general head Non ferrous metals which companyprises Entries 115 to 116G. 8 116E. 8 116F. 8 116B. 8 116C. Schedule I to the Act was amended by Finance Act, 1984 and along with other entries, Entries No. the State by a dealer who is liable to tax under Section 5. Zinc At the point of first sale in the State by a dealer who is liable to tax under Section 5. The companymon companytention of the appellant in both the appeals is that Entries No. In appeals, the Deputy Commissioner Appeals companyfirmed the rate of tax in respect of those items. The appellant companypany is a dealer registered under the provisions of the Kerala General Sales Tax Act, 1963 the Act for short . Feeling aggrieved, the appellant filed second appeals before the Kerala Sales Tax Appellate Tribunal. Magnesium do. Bronze do. Forrosilicon do. In order to determine the question posed for companysideration of this Court, it would be advantageous to refer to the entries in question. These appeals are directed against Judgments rendered by High Court of Kerala at Ernakulam in Tax Revision Case No. No.467 of 2000 and 10 of 2001. Manganese do. The Tribunal dismissed the appeals upholding the view taken by the Assessing Officer and the Appellate Authority. CIVIL APPEAL NO.2789 OF 2002 WITH CIVIL APPEAL NO.4158 OF 2003 M. PANCHAL, J. Thereupon the appellant invoked the revisional jurisdiction of the High Court by filing T.R.C. The High Court has dismissed the same by giving rise to the instant appeals. This Court has also companysidered the documents forming part of the instant appeal. This Court has heard the learned companynsel for the parties at length and in great detail.
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2008_236.txt
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The Appellant is related to Ms. Raj Mohini. The said Raj Mohini died on 27th April, 1998. On 12th June, 1987 Ms. Raj Mohini executed another Will by which she cancelled the earlier Will and bequeathed all her properties to the Appellant. Briefly stated the facts are as follows One Ms. Raj Mohini possessed moveable and immovable properties. They claimed to be beneficiaries under JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ the Will dated 2nd April, 1985. The 1st Respondent applied for a Succession Certificate in respect of the movable assets of JJJJJJJJJJJJJJJJJJJJJJJJJ the said deceased. She executed a Will dated 2nd April, 1985 in favour of the 1st Respondent, which is the Indian Red Cross Society. He is the son of the maternal uncle of the lady. The Appellant also filed a Petition for probate of the Will dated 12th June, 1987. LITTTTTTTJ N. VARIAVA, J. For sake of companyvenience she will hereinafter be referred to as the said deceased. When the Appellant learnt about this Application he got himself impleaded as a party to that Application. She was unmarried and did number have any issue. This Appeal is against a Judgment of the Punjab Haryana High Court dated 5th October, 1999 by which the second Appeal filed by the Appellant herein has been dismissed. Leave granted.
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2000_1279.txt
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Pursuant thereto, the appellants guardian Colonel Sukhdev Singh refunded the amount of Rs.40,000 to the respondent. Aggrieved, Colonel Sukhdev Singh came up in appeal to this Court by special leave. Apparently, the respondent on mature deliberation made the following statement in the presence of his companynsel I accept the offer made by Colonel Sukhdev Singh and Shri V.K. It was directed that Colonel Sukhdev Singh should return the earnest money of Rs.40,000 to the respondent on or before October 5, 1980 and in the meanwhile, the respondent was at liberty to file a suit for specific performance of the companytract, if so advised. At the resumed hearing later in the day, the appellants father Colonel Sukhdev Singh made a statement to the effect I make an offer that I shall personally pay Rs.2,25,000 to the respondent Chatur Bhuj Goel by way of full and final settlement of the dispute between him and the appellant. It was observed that the return of the said amount of Rs.40,000 by Colonel Sukhdev Singh would be without prejudice to the rights and companytentions of the parties, including the right of the respondent to claim specific performance of the companytract, if he was in law otherwise so entitled. Both the learned District Judge as well as a learned Single Judge on a companysideration of the evidence came to the companyclusion that the breach of companytract was on the part of the appellants guardian Colonel Sukhdev Singh and number on the part of the respondent and accordingly decreed the suit for specific performance. Sharma, learned companynsel appearing for the appellant and stated B The appellant makes an offer that in full and final settlement of the dispute between the parties, the appellant Gurpreet Singh in his personal capacity or through his father Colonel Sukhdev Singh shall pay Rs.2,25,000 to the respondent on 17.3.87 by a bank draft payable at Chandigarh, if the respondent agrees to the Letters Patent Appeal No. The respondent herein Chatur Bhuj Goel, a practising advocate at Chandigarh first lodged a criminal companyplaint against Colonel Sukhdev Singh, father of the appellant, under s. 420 of the Indian Penal Code, 1860 after he had served the respondent with a numberice dated July 11, 1979 forfeiting the amount of Rs.40,000 paid by him by way of earnest money, alleging that he was in breach of the companytract dated June 4, 1979 entered into between Colonel Sukhdev Singh, acting as guardian of the appellant, then a minor, and the respondent, for the sale of a residential house at 1577, Sector 18D, Chandigarh for a companysideration of Rs.2,85,000. In terms of the agreement, the respondent was to pay a further sum of Rs.1,35000 to the appellants father Colonel Sukhdev Singh by July 10, 1979 when the said agreement of sale was to be registered and vacant possession of the house delivered to him, and the balance amount of Rs. The dispute between the parties was that according to Colonel Sukhdev Singh, there was failure on the part of the respondent to pay the amount of Rs.1,35,000 and get the agreement registered, while the respondent alleged that he had already purchased a bank draft in the name of the appellant for Rs.1,35,000 on July 7, 1979 but the appellants father did number turn up to receive the same. The respondent Chatur Bhuj Goel who, as already stated, is a practising advocate, was respondent by Shri Bhagirath Dass, a senior advocate practising at Chandigarh. 2035 of 1987. 595/80 dated September 2, 1980 reversed the judgment of the High Court on the ground that the dispute was purely of a civil nature and the criminal 13 process companyld number have been employed for the purpose of companyrcing the appellants guardian Colonel Sukhdev Singh to specifically perform the companytract. Sharma, companynsel for the appellant Gurpreet Singh. Taking advantage of this fact, the respondent on February 9, 1987 made an application by which he tried to resile from the companypromise stating on 28th January 1987, the offer of companypromise was made by the appellant, which was recorded. On January 16, 1987, the appellants companynsel had number companycluded and there fore the hearing was adjourned to January 28, 1987. No 19 of 1987. On October 3, 1980 the respondent instituted the suit in the Court of the District Judge, Chandigarh, out of which this appeal arises, for specific performance of the companytract and, in the alternative, claimed Rs.2,50,000 by way of damages. Thaper and V.K. the date on which the payment of Rs.2,25,000 was to be made. Thereupon, the learned Judges adjourned the appeal to March 17, 1987 i.e. Admittedly, the companypromise was number reduced in writing and signed by the parties. The above statement was duly endorsed by Shri V.K. Although the learned Additional Chief Judicial Magistrate by order dated October 31, 1979 dismissed the companyplaint holding that the dispute was of a civil nature and numberprocess companyld issue on the companyplaint, a learned Single Judge of the High Court by his order dated February 11, 1980 set aside the order of the learned Additional Chief Judicial Magistrate holding that the facts brought out clearly warranted an inference of dishonest intention on the part of Colonel Sukhdev Singh and accordingly directed him to proceed with the trial according to law. The said amount shall be paid by a bank draft in Court on 17.3.87. In the event of failure on my part to pay the amount as stipulated on that date, the Letters Patent Appeal No. He was influenced by the stand, which was adopted by his Senior Advocate Shri Bhagirath Dass. That the statement was made by the respondent without thinking of the repercussions of his statement. Kacker, learned companynsel for the appellant, companytends that the requirements of order XXIII, r. 3 of the Code are mandatory and the claim in the suit for specific performance having been settled by a lawful companypromise within the meaning of r. 3, the learned Judges were number justified in directing that the appeal be placed before another bench for decision on merits. The companytroversy in this appeal by special leave centres, s around the words in writing and signed by the parties added to order XXIII, r. 3 of the Code of Civil Procedure, 1908 by the Code of Civil Procedure Amendment Act, 1976 and the precise question is whether when a settlement is arrived at between the parties in appeal before the Court, the companypromise cannot be given effect to under Order XXIII, r. 3 of the Code unless the terms of the companypromise are embodied in an agreement in writing. The respondent met him at his residence at Chandigarh on the morning of July 16, 1979 when it was agreed that they would meet in the District Court precincts later in the day for the purpose of registration of the agreement, but again the appellants father did number turn up. 734 of 1983 shall stand dismissed and the appellant shall have numberright to file an appeal against the decision to the Supreme Court. March 17, 1987, the learned Judges directed that in view of the fact that the respondent was number prepared to abide by the proposed companypromise, the appeal would number be heard and decided on merits, with a further direction that it be placed before another Bench. 734 of 1983 being allowed and that in the event of number payment of the amount on the stipulated date, the said appeal shall stand dismissed and the appellant shall have numberright to file an appeal in the Supreme Court. The hearing of the Letters Patent Appeal companymenced before a Division Bench on January 14, 1987 and companytinued for three days. The statement of the respondent was also recorded. 1,10,000 on or before January 31, 1980 when the deed of companyveyance was to be executed. On that date, after the appellants companynsel had addressed the Court for a while, the parties took time to explore the possibility of a settlement. If the statement recorded by the Court which has number been signed by the respondent is given effect to, the respondent would suffer a tremendous loss. Mrs. Shyamla Pappu, A.M. Ashri, K.S. The respondent however did number sign the statement. 10 of the Letters Patent. On the adjourned date i.e. Jain for the Respondents. Thereupon, the appellant preferred an appeal under cl. Sodhi for the Appellant. The aforesaid statements form part of the proceedings of the Court. In support of the appeal Shri S.N. N. Kacker and R.S. Hence, this appeal by special leave. The Judgment of the Court was delivered by A SEN, J. From the Judgment and order dated 23.4.1987 of the High Court of Punjab and Haryana in C.M.P. CIVIL APPELLATE JURISDICTION Civil Appeal No. This Court by its order in Criminal Appeal No. First as to the facts.
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1987_441.txt
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He has a wife Bhavani. It shows that the appellant had sustained 1 a lacerated injury on the lower lip, 2 companytusion above left eye, 3 companytusion on the dorsum of left hand and 4 avulsion of lower lip of the lower gum margin with a lacerated injury. There was even a scandal that Abhilash is the son of Krishna Pillai and Abhilash was sent to reside with the parents of the appellants wife. Bhavani was having illicit relations with the deceased. P. 13, further shows that the appellant had multiple injuries on lower lip, left side of scalp and crack fracture on the 5th metatarpel. On 12th February, 1990 the accused left his house in the morning to attend a marriage. While they were sitting on a company and the deceased Krishna Pillai was totally naked, unexpectedly, the appellant entered his house and was shocked to see the unholy scene. The appellant was treated by the Civil Surgeon from 12th February, 1990 to 27th February, 1990. The trial companyrt and the High Court ascribed the injury on the metacarpal a serious injury. The deceased, it is alleged, hit the appellant with a lamp and the appellant sustained injuries which are mentioned in Ext. At about 2.30 p.m. the deceased came to his rubber plantation, which is near the house of the appellant, and called his wife and expressed his desire to have sex with her. Instead of the deceased running away, he sprang at the appellant and fisted on his forehead. The accused was also aware of the extra marital relationship of his wife and there used to be quarrels between the appellant and his wife. The appellant before us was tried for an offence under Section 302 of the Indian Penal Code on the allegation that he murdered one Krishna Pillai at about 2.30 p.m. on 12th February, 1990 at his premises at Kattampakku Kara within the jurisdiction of Kaduthuruthy Police Station. The appellant after having suffered the aforesaid grievous injuries made use of the chopper as a result of which the deceased fell down and died instantaneously. The accused is a goldsmith. There was a tussle between them. The discharge certificate, Ext. The children had gone to school. They have four children. Yogeshwar Dayal, J. She refused but ultimately succumbed. Special leave granted.
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1992_482.txt
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The appellant is stated to have asked Qudrat Ullah to hand over a knife to him which Qudrat Ullah did this knife is Ex. The appellant along with one Qudrat Ullah was tried for the murder of one Sabir. The prosecution case was that there was an exchange of abuses between the deceased and the appellant near the shop of the First Informant, Qudrat Ullah. Evidence discloses that the deceased and the appellant were quite friendly with each other, and so were the deceased and Qudrat Ullah, who is a butcher and had a shop which is a part of his house. The appellant had the deceased ,in his grip, he asked Qudrat Ullah to hand over a knife to him which the latter did and with it the appellant stabbed the deceased and then went away to his house. This companyduct of Qudrat Ullah is so inconsistent with the part said to have been played by him in the occurrence that we have little hesitation in rejecting the evidence about the part played by him. 5, younger brother of the deceased, on arriving near the shop of Qudrat Ullah heard the appellant and the deceased exchanging abuses, but was number a witness of the assault as just at that time he had gone, at the request of Qudrat Ullah, to fill his Chillum for the hookka and when he came back he found the deceased lying unconscious and the appellant running away towards his house. As a result of the injuries the deceased fell down infront of Qudrat Ullahs shop some witnesses have stated that he fell on the wooden plank in front of the shop. Qudrat Ullah picked up the knife which had been dropped by the appellant, put the deceased in a rickshaw and took him to the hospital from where he went to the Police Station and made the First Information Report. The cause of the quarrel was that on the evening of the occurrence while Qudrat Ullah was sitting in his shop and the deceased was sitting just below the shop, the appellant came out of his house and on seeing him, the deceased asked him as to why he was in such a dishevelled companydition , which annoyed the appellant and gave rise to an exchange of abuses. The First Information Report was made by Qudrat Ullah the other accused at 6 45 p.m. the same day, i.e., within about 15 minutes of the occurrence. Having been told by the sister of the deceased as to the occurrence, Ashraft, P.W. The appellant and the deceased both belong to a sect of Jogis. Eye witnesses of the occurrence were Yad Ali, P.W. Adjacent to the shop is the house of the appellant. I II, with which the appellant stabbed the deceased and then fled away. On hearing this numberse, the prosecution witnesses arrived at the spot and saw the appellant and the deceased grappling with each other. The evidence of Yad Ali P. W. 1, is that he heard an exchange of abuses between the deceased and the appellant and when he moved about 4 or 5 paces he saw them grappling with each other. 1, Banne, P.W. Ahmed, P.W. Shakir, P.W. 4 came to the spot later and found the deceased lying unconscious. The statement of Banne is similar and so is the statement of Mohd. There was numberenmity between him and Sabir and he bad numbermotive to get him killed by the respondent. It does number at all appear probable that after abetting the murder of Sabir he at once took him on a rickshaw to the hospital and from there went at once to the police station and lodged a report against the respondent. The postmortem examination of the deceased showed injuries on the person of the deceased and, according to the doctor.,
death was due to shock and haemorrhage on account of the punctured wound in the chest, causing injuries to the lungs and these injuries companyld be caused with a sharp edged weapon. Both the accused were acquitted by the learned Sessions Judge of Bareilly. A First Information Report is number a substantivepiece of evidence and can only be used to companyroborate the statement of the maker under s. 157 of the Evidence Act or to companytradict it under s. 145 of that Act. Ahmed, P. W. 3. There is number the slightest doubt about his guilt. The Sub Inspector went to the spot, started investigation and arrested the appellant the same evening at his house. The latter was tried under s. 302 read with s. 114 of the Indian Penal Code for abetment, and the former under s. 302 I.P.C. testimony of the eye witnesses as against the appellants guilt and observed We are satisfied that the prosecution has fully established the, case against the respondent. The presumption of innocence has been fully rebutted by the prosecution. The facts which have given rise to the appeal are that Sabir was murdered on the 11th May, 195 1, at about 6 30 p.m. Daulat Ram Prem and P. C. Agarwala, for the appellant, Gyan Chand Mathur and C. P. Lal, for the respondent. This evidence was number accepted by the learned Sessions Judge and he acquitted both the accused. The case against him does number become doubtful merely because the learned Sessions Judge said that there was a doubt about his guilt. 60 of 1953 arising out of the judgment and order dated July 8, 1952, of the Court of Sessions Judge at Bareilly in Criminal Sessions Trial No. But the State took an appeal to the Allahabad High Court against the appellant only and the judgment of acquittal in his case was reversed and he was companyvicted under s. 302 I.P.C. An objection has been taken to the admissibility of this report as it was made by a person who was a companyaccused. The High Court, however, accepted the. The State took an appeal only against the appellant which was allowed by the High Court. 2 and Mohd. Against the judgment of the High Court the appellant has brought this appeal by Special Leave. 27 of 1952. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Appeal by special leave from the Judgment and order dated October 18, 1955, of the Allahabad High Court in Government Appeal No. and sentenced to transportation for life. The Judgment of the Court was delivered by KAPUR J. 150 of 1956. February 14.
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1957_127.txt
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150000 in government currency numberes by cheating the first and second respondents. the currency numberes seized from the appellant were said to be part of the property obtained by kishan gopal by the companymission of the said offence. the case of the appellant was that it had companye into possession of the said currency numberes in the usual companyrse of its business partly through the bank of rajasthan limited and partly through the mahalaxmi l2sup ci 69 15 mills companypany limited without any knumberledge that the said currency numberes had been the subject matter of an offence. the relevant portion the order of the high companyrt reads as follows number the bulk of the recovered property companysists of government currency numberes either of the denumberination of rupees one thousand each or money obtained after the tender of one thousand rupee numberes by kishan gopal. by his order dated 24th april 1962 the 4th additional sessions judge indore allowed the application and directed that the currency numberes should be returned to the appellant. in the proceedings that followed on the investigation of the said case the accused persons including the third respondent were acquitted by the companyrt of the fourth additional sessions judge indore in sessions case number 3 of 1962 by an order made on 24th april 1962.
in the companyrse of the trial the appellant made an application under section 517 1 of the companye of criminal procedure asking for delivery of the aforesaid 21 currency numberes to it on the ground that the said currency numberes had been seized by the police from the appellant and that the appellant was an innumberent third party who had received the said numberes without any knumberledge or suspicion of their having been involved in the companymission of an offence. the currency numberes of the total value of rs 21000 were seized by the madhya pradesh police from the beawar branch of the state bank of india in the companyrse of an investigation of a case under sections 420 406 and 120b of the indian penal companye registered in p.s. 1 and 2.
the judgment of the companyrt was delivered by ramaswami j. this appeal is brought from the order of the high companyrt of madhya pradesh dated 5th april 1963 in criminal miscellaneous case number 135 of 1962 under section 520 of the companye of criminal procedure directing the return of 21 currency numberes of the denumberination of rs. subsequently an appeal was filed to the high companyrt by the state of madhya pradesh being criminal appeal number 205 of 1962.
the first respondent rajendra kumar singh made an application to the high companyrt asking for delivery of the currency numberes as they belonged to him and the second respondent and as they had been deprived of the said property by the third respondent by the commission of the aforesaid offence. thuko ganj indore city as crime number 113 of 1961 against kishan gopal the third respondent. case number 135 of 1962.
niren de solicitor general h.l. criminal appellate jurisdiction criminal appeal number 32 of 1965.
appeal by special leave from the judgment and order dated april 5 1963 of the madhya pradesh high companyrt indore bench in criminal misc. 1000 each to respondents rajendra kumar singh and virendra singh. it appears that the third respondent had come into possession of a sum of rs. anand 1.
m. bhardwaj and k.b. c. mishra and c.p. lal for respondents number. mehta for the appellant.
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1968_301.txt
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Park and a Housing Complex and for this purpose they had been in negotiations with the West Bengal Housing Board hereinafter referred to as The Housing Board . Mira Rani Basu Enclosed Copies of 8 number.deed Copy of power of attorney Copy of witness by ADM,DL,LRO Copy of Minutes of meeting dt. Dolly Paul Smt. Lily Paul Smt. Sir, Re Barakhola Mouza J.L.No.21 P.S.Kasba This has reference to your acquisition numberice dated 12.1.2001 for 12.67 acres land in Plot No.125 126 of the subject mouza. Thanking you, I am Yours faithfully Sd Urmila Ray Constituted Attorney of Smt. The Court then examined the purpose behind the enactment of the 1972 Act and opined that the Housing Board had been established under governmental companytrol with a view to alleviating the shortage of housing and in particular referred to Sections 17 to 21 to highlight that all its members were appointed by the State Government and the Chairman was, in fact, the Minister of In charge of the Housing in the State Government. As per the facts, 6.78 acres of land had been purchased by them avowedly for putting up an International School, a cultural centre, an I.T. This letter is reproduced hereunder in extenso To Date8th March 2001 The Special Land Acquisition Officer, South 24 Parganas, 5th Floor, New Treasury Buildings, Alipore,Kolkata 700027. HARJIT SINGH BEDI, J. This judgment will dispose of civil appeals arising out of judgment dated 2nd July, 2007 rendered by a Division Bench of the Calcutta High Court. Leave granted.
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2009_387.txt
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Thereafter in respect of each employee the provident fund companytributions were deposited with the Regional Provident Fund Commissioner. A scheme of companytributory provident fund was in operation which was under the companytrol and guidance of the Haryana Government and same was being applied to the appellant institution. The accumulated balance in the companytributory provident fund accounts of the various employees was transferred by the Department of Education, Haryana to the Employees Provident Fund Scheme under the Act in May and June, 1995 and an amount of Rs.17,33,914.60 was transferred by the Haryana Government. On being asked by the Regional Provident Fund Authorities the scheme under the Act was adopted by the appellant w.e.f. Accordingly, the scheme of companytributory provident fund which was earlier being followed by the appellant, companytinued to be operative. Employees Provident Fund Appellate Tribunal, New Delhi in short the Appellate Tribunal . Under the said scheme of companytributory provident fund it was mandated that an account shall be opened in the name of each subscriber in a Cooperative Bank approved by the Registrar, Co operative Societies, Haryana. Challenge in this appeal is to the judgment rendered by a Division Bench of the Punjab and Haryana High Court holding that the appellant was required to pay damages in terms of Section 14 B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 in short the Act amounting to Rs.14,50,172/ . 1.7.1993 but the same was made operative retrospectively w.e.f. However, the Commissioner imposed damages of Rs.14,50,172/ which was about 100 of the alleged amount of default. Brief reference to the factual aspects would suffice The appellant, an educational institution was affiliated to the Education Department to the Haryana Government. Reply was furnished by the appellant taking the stand that since the deposit had been made with the Government Authorities in terms of the applicable scheme, there was numberscope of levy of any damage. Appellant transferred its affiliation to Central Board of Secondary Education in short CBSE in April, 1984 after obtaining numberobjection certificate from the State Government. Taking into account the amount payable on assessment and giving credit to the aforesaid amount, it was held that there was extra deposit of Rs.44,031.85. For the purpose of levy reference was made to the table companytained in Section 32A. August 1982 by the authority. On 14.2.1997 numberice under Section 14 B of the Act was issued companyering the period August, 1982 to June 1993. On 5.2.1996, proceedings under Section 7 A of the Act were initiated. Therefore, the proceedings were dropped and numberrecovery was effected. ARIJIT PASAYAT, J. An appeal was filed before the Statutory Tribunal, i.e.
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2006_876.txt
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The Coal India Ltd. is a Government companypany within the meaning of Section 617 of the Indian Companies Act, 1956 having companye into existence companysequent upon the nationalisation of the companyl mines under the Coal Mines Nationalisation Act, 1973. It is number disputed that the respondent was an employee of Tirap Colliery, North Eastern Coal Fields under the Coal India Ltd. holding the post of Clerk Grade I. and, whether the respondent was disqualified being a manager of any companypany in the capital of which the Government of India has number less than 25 shares? The numberination paper of the respondent was rejected. One Ananda Ram Arandhara, the working President of the Margherita Block Congress Committee, filed a companyplaint against the candidature of the respondent submitting that the respondent was an employee of Coal India Ltd. and as such was disqualified from companytesting election under Article 191 of the Constitution of India and Section 10 of the Representation of the People Act, 1951 in as much as he was holding an office of profit under the Government of India and also performing managerial functions in a companypany wherein the Government of India have number less than 25 shares. Memorandum of Association and Articles of Association of Coal India Ltd. framed in the year 1973 have been brought on record. are The questions arising for decision in this appeal i whether the respondent was holding an office of profit under the Government of India on the date of his numberination? The Chairman of the Board is to be appointed by the President of India and other members of the Board including the Vice Chairman shall be appointed by the President in companysultation with the Chairman. Pursuant to a numberification dated 22.4.1998 issued by the Election Commission of India by election in Margherita Legislative Assembly Constituency No.124 was held in the months of May and June, 1998. The respondent filed an election petition under Sections 80/81 of the Act laying challenge to the appellants election. On trial the High Court has found that the appellant was neither holding an office of profit under the Government of India within the meaning of Article 191 1 a of the Constitution number was a managing agent, manager or secretary of any companypany or companyporation in the capital of which the Government of India has number less than 25 shares. The Returning Officer upheld the objection recording a finding that the respondent was holding an office of profit in a government companypany which office was number included in the exemptions from disqualifications under the Assam Legislative Members Removal and Disqualifications Act, 1950. These documents, read in the light of the oral evidence adduced, go to show that the Coal India Ltd. is a Private Limited Company incorporated under the Companies Act, 1956 with 100 share capital owned by the Central Government. The High Court has further held that the numberination paper of the respondent companyld number have been rejected on the ground of disqualification and as the same was improperly rejected, the election of the appellant was void. The companyplaint so filed was supported by the appellant at the scrutiny of the numberination papers held on 18.5.1998. The Company has number more than 15 members. Nine persons, including the appellant and the respondent filed numberination papers. Under Section 3 of the said Act the right, title and interest of the owners in relation to the companyl mines came to vest absolutely in the Central Government initially and then came to vest in the Government companypany under Section 5 of the said Act. The business of the Company is entrusted to a Board of Directors companysisting of number less than 3 and number more than 15 directors. The President may also from time to time appoint Functional Directors who shall be whole time employees of the Company. This is an appeal under Section 116 A of the Representation of the People Act, 1951 hereinafter, RPA for Short from an order of the Guwahati High Court made under Clause b of Section 98 of the Act declaring the election of the appellant as Member of Legislative Assembly to be void. The gross salary attached with the office was around Rs.6,000/ per month. The companystituency went to polls on 3.6.1998. The appellant was declared elected on 6.6.1998. LITTTTTTJ J U D G M E N T C. Lahoti, J. The basic facts are number in companytroversy.
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2000_1349.txt
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Balkar Singh P.W. P.W. MHC Kuldip Singh P.W. Inspector Swaran Singh P.W. 2 identified the dead body of Jagmail Singh, Mohinder Singh P.W. The unknown accomplice picked up 7.62 bore rifle of Jagmail Singh and started firing shots at the body of Jagmail Singh the deceased. ASI Grudev Singh P.W. Dilbagh Singh and Jasbir Singh are the residents of the same village. The deposition of MHC Balwinder Singh P.W. Thereafter, third accomplice, picked up the rifle of Jagmail Singh and shot at Jagmail Singh who died on the spot. Patran SI Harminder Singh P.W. 7 , son of Balkar Singh P.W. 4 and P.W. The evidence of P.W. 4 father and informant Kirandeep Singh P.W. 4 to guard the body of Jagmail Singh and himself went to P.S. The companyplainant asked his father, Balkar Singh P.W. 476 with 25 cartridges was entrusted to Kirandeep Singh P.W. They stated that there was some murmuring in the village that Police might have killed deceased Jagmail Singh. 5 , Medical Officer, who companyducted the post mortem on the dead body of Jagmail Singh MHC Manmohan Singh P.W. The companyplainant rushed to the place where Jagmail Singh was lying dead and his 7.62 bore rifle was taken by the accused. 7 the informant is the brother of the deceased C. Tejinder Singh P.W. PA on the body of the deceased which was identified by Joginder Singh W. 2 and ASI Jarnail Singh P.W. They both opened fire on Jagmail Singh who on receipt of fire arm injuries fell down on the ground. The accused Dilbagh Singh Bagha was arrested on 17.9.1999 by Inspector Budh Ram P.W. They are four brothers, and two of his elder brothers are residing at Ludhiana, whereas he along with his third brother Jagmail Singh the deceased and father Balkar Singh P.W. 9 of Police Station Patran and ASI Gurdev Singh P.W. 16 proved the report of the Chemical Examiner Exs PW16/A Jarnail Singh P.W. Dr. Satish Arora P.W. Briefly stated, the case of the prosecution is that on 9.5.1992, Kirandeep Singh the companyplainant P.W. Dilbagh Singh the appellant along with Jasbir Singh and one more unknown accomplice armed with fire arms suddenly came and stood in front of them near the chowk located near their house and opened fire at Jagmail Singh and shot him dead. 13 , have proved on record that Jasbir Singh and Bawa Singh, accomplices of Dilbagh Singh were killed in police encounter in regard to another case FIR No. 6 produced the original FIR register of this case Kirandeep Singh P.W. Both these witnesses deposed with one voice that it was the appellant accompanied by Jasbir Singh a resident of their village and one more unknown accomplice who murdered the deceased and the motive behind the killing of Jagmail Singh was that he was a member of extremist activities with the appellant, but later on the deceased joined the main stream of the society and left extremist activities which offended Dilbagh Singh who wanted the participation of Jagmail Singh in the extremist activities but the deceased refused to rejoin their gang. On 9.5.1992, at about 700 p.m. he and his brother Jagmail Singh were returning to their house from the fields carrying the said arms companyplainant was armed with .303 and his brother armed with 7.62 bore . 5 , companyducted the post mortem examination on the body of the deceased Jagmail Singh and found the following injuries Gun shot injury Wound of entry .6cm x .6cm over the right temporal region above the pinna. 1 was a witness of extra judicial companyfession allegedly made by accused Dilbagh Singh, but he did number support the prosecution case Joginder Singh P.W. 4 , went to Inspector Swaran Singh, the Station House Officer P.W. All the articles were packed and sealed with seal SS in the presence of Mohinder Singh P.W. According to the companyplainant, the motive behind the murder was that before joining the main stream of the society his brother Jagmail Singh the deceased used to participate in the extremist activities with the accused. 9 proved the death of companyaccused Jasbir Singh in police encounter and FIR No. 476 was said to have been snatched by the terrorists from the possession of the deceased and that the entire case property was deposited by Inspector Swaran Singh P.W. 10 dated 5.4.1992 one rifle .303 bore bearing number 1050 with 50 live cartridges was supplied to Balkar Singh P.W. 14 since retired Inspector of Police arrested accused Dilbagh Singh Bagha on 17.9.1999 and proved his personal search memo and the grounds of arrest memo Inspector Swaran Singh W. 15 , Investigating Officer of this case proved the investigation part of this case Balbir Singh P.W. He deposed that on 9.5.1992 rifle 7.62 bore having butt No. Further, these witnesses have never reported to the Police or higher authorities that they have heard that Jagmail Singh was killed by Police authorities or that the accused has been falsely implicated in this case. 1, 2 and 3 who have admitted in the cross examination that they did number know how Jagmail Singh died. 13 also partly investigated this case proved the death of companyaccused Jasbir Singh Pappu and Bawa Singh the third companyaccused with the appellant in police encounter in some other case, Budh Ram P.W. Dilbagh Singh, the accused appellant along with Jasbir Singh and one more tall young man armed with fire arms suddenly appeared before them near the chowk of their house. 15 SHO S. Ghagga, with him with seals intact and the same were sent to the office of the Chemical Examiner through Constable Hardam Singh P.W. The prosecution in support of its case examined as many as 18 witnesses namely, Dalip Singh P.W. Ghagga. 10 partly investigated this case C. Hardam Singh W. 11 took the parcels of the blood stained earth and blood stained clothes of the deceased and deposited the same in the office of Chemical Examiner, Patiala and MHC Balwinder Singh P.W. 4 , father of the deceased is an eye witness of the occurrence Dr. Satish Arora P.W. 2 Wound of entry .6cm x .6cm on the right scapular region. Three defence witnesses namely, SI Harminder Singh D.W. 1 , Darshan Singh D.W. 2 and Amar Singh D.W. 3 all residents of village Atalan were examined. 8 took the sealed parcels of catridges to the Forensic Science Laboratory, Chandigarh, Punjab HC Kuldeep Singh P.W. 4 Wound of entry .6cm x .6cm on the right leg in its lower 1/3rd. PF reported that the cause of death of Jagmail Singh was gun shot injuries to brain and right lung resulting in his death which were sufficient to cause death in the ordinary companyrse of nature. On independent scrutiny of the entire evidence produced on record, more particularly the testimony of eyewitnesses namely, Balkar Singh P.W. 4 and another rifle of 7.62 bore having butt No. All recovered articles were later on deposited with MHC Balwinder Singh W. 12 at P.S. 3 Wound of entry .6cm x .6cm on the right mid thoracic region. Mr. Sarup Singh, learned senior companynsel appearing for the appellant, assailed the judgment of the trial companyrt, inter alia, companytending i that the presence of Kirandeep Singh companyplainant P.W. Reportable Lokeshwar Singh Panta, J. 7 at the place of occurrence of the incident along with the deceased is highly doubtful because the informant did number try to save his brother and the fact that the accused persons who allegedly were fully armed would have spared the companyplainant especially when he himself was having a .303 bore rifle cannot be accepted ii that even the companyduct of Balkar Singh P.W. 12 with whom the case property was deposited in the Malkhana by the Investigating Officer, P.W. PB ii two empty cartridges of 7.62 bore vide recovery memo Ex. PD and iv 7 empty cartridges of .303 bore near from the dead body vide recovery memo Ex. Wound of exit 2.5cm x 2.5cm on the front aspect in its upper 1/3rd. 41 dated 29.5.1992 registered against them under Section 307, 148, 149 IPC, Section 25 Arms Act and Section 5 of TADA at S. Patran, whereas Dilbagh Singh was arrested in this case on 17.7.1999 by Budh Ram P.W. Wound of exit 2.5cm x 2.5cm on the front of chest in its lower 1/3rd. Added to it, there were also multiple fractures of skull bone of the deceased and brain matter was badly damaged as deposed by Dr. Satish Arora P.W. 1050 with 50 live catridges along with other rifle of 7.62 bore and 25 catridges were issued to the companyplainant party for their security. He stated that the deceased was a terrorist and was killed by the Police in an encounter and that he has been falsely implicated in this case by the Police to save its own skin. On receipt of the report of the Chemical Examiner and after companypletion of investigation, charge sheet was prepared and filed against accused Dilbagh Singh under Sections 302/382/34 IPC, Section 25 of the Arms Act and Section 5 of TADA. PF of the deceased which proves that the assailants had used deadly fire arms and as many as four direct gun shot injuries were inflicted on the body of the deceased which resulted in 8 injuries of the wounds having entry and exit of the gun shots. PB was sent to the Chemical Examiner whereas empty cartridges Exs. The deceased later on abandoned the extremist activities and got married. Blood stained earth Ex. As deposed before the companyrt that there were multiple fractures of skull bone, brain matter was badly damaged there was haemothorax on right side the abdomen of the deceased was healthy, stomach was companytaining semi digested food material and, in his opinion, the cause of death of Jagmail Singh was gun shot injuries to brain and right lung, which were sufficient to cause death in the ordinary companyrse of nature. PC iii 20 empty cartridges of AK 47 rifle near the dead body vide recovery memo Ex. The accused still wanted the deceased to join their extremist activities, but since he refused to do so, the accused killed him on the companynt. Ghagga, i.e. PL for companyducting the post mortem examination through police C. Ram Dia 1041 and C. Karnail Singh 2250. On 10.5.1992 at 1000 a.m., post mortem examination on the body of the deceased was companyducted by Dr. Satish Arora W. 5 who in his report Ex. Ghagga, District Patiala. 17 the then Ahlmad in the companyrt of Judicial Magistrate, First Class and Pardeep Kumar P.W. 7 brother respectively of the deceased, it stands fully proved that on 9.5.1992, around 700 p.m., W. 7 and the deceased were returning to their house after doing routine agricultural pursuits in the fields. 3 resident of the village in whose presence the empty catridges and blood stained earth were taken into police possession from the spot by the Investigating Officer, proved the recovery memos in this regard Exs. Wound of exit 8cm x 8cm on the back of right leg in its upper 1/3rd. P. W. 7 rushed to the spot where his brother was lying dead and his rifle was found missing. On 10.5.1992, the body of the deceased was sent to Civil Hospital, Samana, with inquest and an application Ex. Wound of exit 10cm x 10cm on the left front temporal region, margins averted. Ghagga to lodge a report of the incident of murder to the police but he met the SHO on the way where his statement Ex. The SHO endorsed Ex. 15 who along with other police personnel was on patrol duty at Atalan bus stand and reported that he is a resident of village Atalan, P.S. 15 , whereas the parcels of empty cartridges were sent by him to the Forensic Science Laboratory, Chandigarh, Punjab, but the same companyld number be got companypared as the fire arms used for companymission of the crime companyld number be recovered from the accused. Ghagga would prove that as per the report of P.S. 4 and 7 we find that they are the truthful witnesses who have helplessly witnessed the crime from the close range but companyld number help the deceased because of the sudden attack on him by the accused who were three in number with deadly fire arms. The companyplainant took shelter by the side of a water channel and started firing in the air to scare the accused. On inspection of the spot, the Investigation Officer took into possession i blood stained earth vide recovery memo Ex. 4 and 7 that they companyld encounter with the terrorists who had companye with pre meditated plan to take revenge with the deceased who turned down their companymand of number joining the terrorist activities in the areas of operation. The accused after sometime stopped firing. 14 who companyducted the personal search of the accused and prepared personal search memo and disclosed the grounds of arrest to the accused vide separate memo. 12 also proved that one rifle bearing No. 7 took shelter behind the companyer surrounding the water channel and opened fire in the air to scare the accused and after a short while the accused stopped firing and fled away from the place of occurrence. 7 finds companyroboration from the post mortem report Ex. Multiple fractures skull bones and brain matter companying out of the wound. The deceased after joining the main stream of the society also got married. 4 and 7 who are highly interested witnesses and v that the evidence of defence witnesses has wrongly been ignored by the learned trial companyrt who have proved on record that the deceased was murdered by the police in an encounter and the companyplainant at the instance of the Police has implicated the appellant in a false case because of enmity. PC, PD PE were sent to Forensic Science Laboratory, Chandigarh, Punjab. He prepared the inquest report Ex. 27 Ex. 4 are residing in village Atalan and are engaged in the occupation of farming. PC, PD and PE. All the injuries were ante mortem. 18 , In charge, FSL, Chandigarh, Punjab stated that the empty catridges companyld number be examined as the weapons were number recovered in this case. W. 7 fortunately protected himself by taking shelter by the side of the water channel as he companyld number take proper position and target the assailants with his fire arm and he companyld only succeed in firing shots in the air so that he companyld protect himself and when he looked at his brother the assailants had already done their job. All the injuries were ante mortem in nature. 17 , residents of the same village. 12 Incharge of the Malkhana of P.S. P1 to the incharge of the Police Station for registration of the case, on the basis of which FIR No. A rough site plan of the place of occurrence was prepared and marked Ex. P2 dated 09.05.1992 came to be registered for offences punishable under Sections 302/384 read with Section 34 IPC and Section 5 of TADA and Section 25 of the Arms Act. 4 father of the deceased was number natural as he too did number make any attempt to save his son from attack allegedly made by the accused iii that as the trial companyrt has number companyvicted the appellant for charged offence under Section 25 of the Arms Act which technically would amount to acquittal for the said offence, therefore, on the same set of evidence companyviction of the appellant for offences under Section 302/382 IPC and Section 5 of TADA by using the same weapons is number sustainable iv that the alleged incident had occurred at about 700 p.m. at the chowk of the village, it is unbelievable that numberindependent witness from the village has been examined by the prosecution to companyroborate the testimony of P.Ws. He rushed to the scene of occurrence. The accused in his statement recorded under Section 313 Cr. Margins inverted, blackened, companylar of abrasion present around the wound. 2 of 15.04.2004 whereby and whereunder the Designated Court companyvicted and sentenced the appellant for offences punishable under Section 302/382 of the Indian Penal Code for short the IPC and Section 5 of the Terrorists and Disruptive Activities Prevention Act, 1987 for short TADA. 15 rushed to the place of occurrence and inspected the spot and informed his superior officers and Army Officers requesting them to reach at the spot. They have number seen the occurrence number were they present at the time of occurrence at the spot. 4 had witnessed the entire incident from his house. 7 , under the BDS Scheme for the protection of their personal life and property and safety of the life of other members of the family from the attack of the terrorists who had been extending threats to them. The evidence of the eye witnesses companyld number be shattered by the prosecution and their evidence has been found trustworthy, reliable and free from any doubt. On independent scrutiny of the evidence of P.Ws. Statements of witnesses were recorded. 41 dated 29.5.1992 in this regard stood registered at P.S. The accused pleaded number guilty to the charges and claimed to be tried. The appellant has filed this appeal under Section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 against the final judgment and order dated 26.02.2007 passed by the Additional Judge, Designated Court, Maximum Security Jail, Nabha Punjab in Sessions Case No. 4 at the relevant time was about 65 years of age and was unarmed while standing on the terrace of his house which fact itself was enough to prove that he companyld number target the assailants to save his son from their brutal attack. It was but natural that under such fearful and dangerous circumstances it companyld number be expected from people of ordinary prudence such as P.Ws. P1 was recorded. It is his evidence that so long as the parcels remained in his possession, he neither tampered with them number allowed any other person to tamper with the same. DDR No. denied the prosecution case and pleaded innocence. 5 . We do number numberice material companytradiction in the ocular and medical evidence appearing on record. 14 . 3 . P.C.
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2008_863.txt
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An Inquiry Officer was appointed and inquiry proceeded against the appellant. As a result of which, the departmental inquiry companytinued ex parte. After full participation by the appellant thereafter in the departmental inquiry, some of the charges were found fully proved while some were held partially proved by the Inquiry Officer. Subsequently, on his objection that he had number been provided adequate opportunity, ex parte departmental inquiry was re called and the inquiry started de numbero. The appellant, after some time, did number participate in the departmental inquiry. The Disciplinary Authority Chief Judge , on companysideration of the report submitted by the Inquiry Officer, agreed with the findings recorded in the inquiry report and awarded to the appellant penalty of dismissal from the service. Along with the Charge Memo, Article of Charges was sent to the appellant. The Article of Charges companytained ten articles. The appellant filed his response by way of defence to the Charge Memo and Article of Charges and denied the allegations levelled against him. The appellant, who was working as a Junior Clerk in the Subordinate Court at Yanam Pondicherry , was dismissed from the service on companyclusion of disciplinary proceedings by the Chief Judge, Pondicherry for short Chief Judge vide order dated November 8, 2000. On April 28, 1999, the appellant was issued a Charge Memo setting out therein that he was liable to be proceeded with the disciplinary action under Rule 14 of the Central Civil Services Classification, Control and Appeal Rules, 1965 for short CCS Rules . The dismissal order dated November 8, 2000, as numbered above, was challenged by the appellant before the High Court of Madras by way of filing a Writ Petition but without any success. The appellant challenged that order before the High Court of judicature at Madras by filing a Writ Petition. His Writ Petition came to be dismissed on June 11, 2007. It is from this order that the present appeal, by special leave, arises. Leave granted.
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2011_1256.txt
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22648 of 2002 and 23615 23616 of 2002. A numberification was issued on 25th July, 2001 by the State of Madhya Pradesh by which the Madhya Pradesh State Administrative Tribunal had been abolished. On 23.7.2001 a letter was received by the Government of Madhya Pradesh from the Government of Chhattisgarh again reiterating to abolish the Tribunal. as the Chhattisgarh Government had numberpower. No.4129 of 2001 by Madhya Pradesh Class III Government Employees Association. On 26.4.2001 both the State Government agreed to abolish the Tribunal for both the States. the same day the reply was sent by the Government of Madhya Pradesh to the Government of Chhattisgarh giving reasons for abolition of the Tribunal and also suggesting to companystitute own Tribunal, if so desired. No.3554 of 2001 by Nemi Chand, all employees of the State Administrative Tribunal, W.P. The State Government was number bound to companystitute the Tribunal. 3597 of 2001 and W.P. On 3.4.2001 second letter from the Government of Chhattisgarh was received reminding that they were waiting fro reply of the Government of Madhya Pradesh. 23615 23616 of 2002, CIVIL APPEAL Nos. No.3529 of 2001 by K. Shrivastava, a Member of the Administrative Tribunal, W.P. Since the Madhya Pradesh Ordinance No. Since the numberification Annexure P 1 abolishing the State Administrative Tribunal has been issued by the State Government itself, and number by the Central Government, the numberification Annexure P 1 shall stand quashed. Notices were issued to the State of Madhya Pradesh and other respondents. An affidavit in reply was filed by the State of Madhya Pradesh supporting the actions taken by the Government. 369 of 2003 by the Government Employees Class III Association. 22648 of 2002, CIVIL APPEAL NOs. On 17.7.2001 order was passed by the Tribunal which is alleged to be the ground for abolition of the Tribunal. It was asserted in the companynter that establishment of State Administrative Tribunal was number obligatory. On abolition of the Tribunal, the officers and employees thereof shall be dealt with by the State Government as per their service companyditions, including their absorption in other Departments of the State Government. 3551 of 2001 by Kamal Joshi, W.P. On 27.3.2001 a reply from the Government of Chhattisgarh was received seeking further information etc. 5328 OF 2002, CIVIL APPEAL NO. No.3525 of 2001 by Sanjay Kumar Misra, W.P. On abolition of the Tribunal, the Chairman, Vice Chairman and Members shall be entitled to have companypensation for unexpired term of their services from the State Government. 8292 8295 OF 2002, WRIT PETITION C Nos. A request was, therefore, made to the Central Government to companystitute State Administrative Tribunal and, accordingly, a numberification was issued on June 29, 1988 and the Tribunal was companystituted on August 2, 1988. A further prayer was made to quash and set aside a numberification, a circular and an order dated July 25, 2001 by which the State Administrative Tribunal was sought to be abolished and companysequential actions were taken. In the alternative, a prayer was made to issue a writ of Mandamus to hold that Section 74 would number apply to State Administrative Tribunal. Consequent to quashment of the Notification Annexure P 1 , the Circular Annexure P 2 and the Order Annexure P 3 also stand quashed. 369 OF 2003 AND 374 OF 2003 Thakker, J. In Special Leave Petition Nos.23615 and 23616 of 2002, the decision upholding companystitutional validity of sub section 1 of Section 74 of the Act of 2000 is challenged. Being aggrieved by the order passed by the High Court, the Bar Association instituted Special Leave Petition Civil No.16108 of 2002 on July 11, 2002. Union of India has also challenged the decision of the High Court of Madhya Pradesh in Civil Appeal Nos.8292 95 of 2002 against certain directions of the High Court. It was thus in the exclusive discretion of the successor States and numberpower or authority had been given to the Central Government in the said process. In the light of the said decision, numberification, circular and order dated 25th July, 2001 were quashed by the Court. Being aggrieved by the said actions, the petitioner Association approached the High Court of Madhya Pradesh by invoking Articles 226 and 227 of the Constitution. By an order of even date, the State Government terminated the services of all officers and employees other than those on deputation with immediate effect as their services were numberlonger required. On 3.4.2001 i.e. Similar petitions were filed being W.P. A writ of Mandamus was sought to declare Section 74 of the Act of 2000 unconstitutional and ultra vires. Other matters which were subsequently filed were also ordered to be heard along with Civil Appeal No.5327 of 2002. 374 of 2003 was filed by one Chhadami Lal and Writ Petition No. OF 2004 S.L.P. The Court also indicated that Parliament appeared to have granted an opportunity of re determination to both the successor States in view of substantial changed circumstances necessitating review of all existing bodies keeping the experience of the old State. The sub sections 2 and 3 of Section 74 of the P. Reorganisation Act are declared ultra vires. C Nos. Later on, three Benches were established at Gwalior, Indore and Bhopal. In 1997, even the fourth Bench was established at Raipur. Leave granted in Special Leave Petition Civil Nos. We may also observe at this stage that Writ Petition No. The details shall be worked out as per principles of natural justice. WITH CIVIL APPEAL No. Initially there was only a Principal seat at Jabalpur. C No. The respondents appeared. No.
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2004_555.txt
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Despite signing of AoA, SDJV raised certain claims before the Engineer of WAPCOSL. For that reason, it went on to observe that AIL cannot be permitted to derail the arbitration process companymenced for and on behalf of SDJV through SSPPL. Resultantly, SSPPL filed a petition on behalf of SDJV against WAPCOSL under Section 11 6 of the Arbitration Act bearing number Arb. The said arbitration petition was companytested by the appellant WAPCOSL . Subsequent to which, a letter dated 02.08.2016 was issued by AIL addressed to WAPCOSL, informing that SDJV has started the process of dismantling the machinery and the work force from the project site with full awareness of WAPCOSL. P. 442/2016 , filed by AIL against SSPPL, also appointed a sole arbitrator for their AIL and SSPPL inter se disputes. 470.40 Crores, on a representation made by SDJV. Subsequent to this, SDJV and WAPCOSL signed a revised agreement for the rates, referred to as the Amendment of Agreement for short, AoA , dated 09.06.2015. On 21.09.2016, the Board of Directors of AIL resolved to revoke the PoA executed in favour of SSPPL and in furtherance of the same, AIL, vide letters dated 19.10.2016 and 11.11.2016, wrote to the respective Banks and also to WAPCOSL informing them about the revocation of the authority of SSPPL. Further, the petition filed in the name of SDJV through SSPPL was number as per Delhi High Court Rules. The High Court was also impressed by the fact Page 8 of 27 that SSPPL had 95 per cent shareholding in SDJV as against only 5 per cent shareholding of AIL, the other partner. Thus, it was Page 5 of 27 duly numberified through these letters that in future, only those letters or companymunications which are signed or acknowledged by both the parties AIL and SSPPL shall be valid and be entertained by WAPCOSL. Notwithstanding the abovementioned letters sent by AIL, upon rejection of the claims of SDJV by the Technical Committee, on 28.10.2016, SSPPL, unilaterally, espousing claims of SDJV proceeded to invoke the arbitration process, under clause 20.6 of CoPA and also appointed a numberinee arbitrator, vide letter dated 12.11.2016. Once again, there was further change by way of revised rates, after a meeting between SDJV and a HighPower Committee for short, HPC . Feeling aggrieved, WAPCOSL as well as AIL have assailed the decision of the High Court by filing separate Special Leave Petition s . However, the High Court allowed the same vide order dated 15.03.2017 and appointed an arbitrator for WAPCOSL. In the said meeting, SDJV cited reasons which were beyond its companytrol for initiating timely companystruction of the project. A letter was sent by WAPCOSL, informing about the acceptance of revised rates of eight items and raising the total companysideration to Rs. The appellant WAPCOSL , was given the responsibility to provide financial, administrative and companytractual management services for the MEA. 70/2016 under Section 9 of the Arbitration Act, wherein the High Court of Delhi, vide order dated 05.09.2016, directed WAPCOSL to deposit the amount payable to SDJV with the Registrar of the High Court in order to secure the interests of both the JV entities. After rejection of said representation, SDJV preferred six appeals to the Technical Committee companystituted in terms of clause 2.1 of Section 02 of AoA. Feeling aggrieved, WAPCOSL preferred a Special Leave Petition bearing number SLP Civil 26555/2017 before this Court. Whereas, the Board of Directors of AIL vide resolution dated 15.07.2005 had authorised its officer to execute the JVA and PoA, which were so executed on 09.09.2005. Subsequent to the execution of AoA, dispute arose between the JV partners which resulted in AIL filing a petition bearing number O.M.P. Further, the fact as to whether SDJV was entitled for the relief, regarding the claims raised, was a matter within the exclusive domain of the Arbitral Tribunal. In that, the PoA was executed as a follow up document alongwith JVA on 09.09.2005 itself. P. 810/2016 before the High Court of Delhi, wherein it has been asserted that the PoA dated 15.07.2005 given by AIL in its favour is still in force and forms part of the Contract Agreement dated 09.03.2006. Briefly stated, the Ministry of External Affairs for short, MEA and the appellant in the leading appeal, Water and Power Consultancy Services India Limited for short, WAPCOSL , a Public Sector Undertaking, entered into an agreement, dated 29.11.2004, for the implementation of the work on the Reconstruction, Rehabilitation and companypletion of Salma Dam Project 3x14 MW , Afghanistan, Package III Main Civil and HydroMechanical Works for short, project . 1 Salma Dam Joint Venture, under Section 11 6 of the Reason Page 1 of 27 Arbitration and Conciliation Act, 1996 for short, the Act and appointed a sole Arbitrator. The High Court, therefore, allowed the Arbitration Petition and appointed a sole Arbitrator for resolution of the disputes between the parties. In the meantime, on 04.06.2016, the Dam was inaugurated Page 4 of 27 by the Honble Prime Minister of India and Honble President of Afghanistan. This assertion Page 6 of 27 is factually incorrect. That justification found favour with the HPC for which it had recommended revised rates with regard to eight items. Five of these appeals were rejected disposed of vide report of the Technical Committee dated 28.10.2016. These appeals take exception to the judgment and order dated 25.01.2019 passed by the High Court of Delhi at New Delhi in Arbitration Petition No.810 of 2016, whereby the High Court allowed the Arbitration Petition purportedly filed by respondent Signature Not Verified Digitally signed by DEEPAK SINGH Date 2019.11.14 130612 IST No. The High Court in a separate petition bearing number Arb. I COMM. M. Khanwilkar, J. Leave granted.
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2019_1072.txt
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The petitioner took charge as Assistant Public Prosecutor on 23rd April, 1975. On 29th January 1977, he was posted in the Court of Chief Judicial Magistrate at Malda as Assistant Public Prosecutor. That he was appointed as Assistant Public Prosecutor of the Malda Court vide Notification dated 9th April, 1975 and his duty was to assist the Court on behalf of the State of West Bengal. As per Rule 4 d of the Assistant Public Prosecutors Qualifications, Method of Recruitment and Conditions of Service Rules, 1974, on 31st March, 1978 he was appointed as Assistant Public Prosecutor in the Court of Judicial Magistrate at Malda. Being aggrieved, State of West Bengal went in appeal to the Division Bench of the High Court which took the view that the petitioner was number an officer or servant of the companyrt subordinate to the High Court that the petitioner has worked as Assistant Public Prosecutor and as Assistant Public Prosecutor lie was merely assisting the Court of Judicial Magistrate on behalf of the State of West Bengal. Background Facts By Notification dated 9th April, 1975, the Governor of West Bengal was pleased to appoint the petitioner to act as an Assistant Public Prosecutor with effect from date of his assuming charge in the companyrt of Judicial Magistrate, Malda. The question before us is Whether the post of Assistant Public Prosecutor hereinafter referred to as APP was a Civil Post under the State of West Bengal in terms of Section 15 of the Administrative Tribunals Act, 1985. However, his services were terminated by the Governor of West Bengal with an order No. 21144 J dated 22nd September, 1979 which order was companymunicated to him by the Administrative Magistrate, Malda with a Memo No. 777.70 as one months salary in lieu of numberice as required under Rule 34B 2 of the West Bengal Service Rules 1971. The Division Bench further took the view that the learned Single Judge had numberjurisdiction to entertain, try and hear the Writ Petition field by the petitioner after companyning into force of the Administrative Tribunals Act, 1985 and, companysequently, the Division Bench transferred the matter to the State Administrative Tribunal for disposal. ISSUE The short point for determination is whether the post of APP was a Civil Post under Section 15 of the Administrative Tribunals Act, 1985, hereinafter referred to for the sake and gravity the said Act, 1985 . ARGUMENTS The petitioner appeared in person. Suffice it to state that the petitioner being aggrieved and dissatisfied by the impugned orders filed a Writ Petition in the High Court. The said Rules came into force on and from 1st April, 1974. During this period the petitioner companypleted two years probation. Being aggrieved by the impugned judgment and order passed by the Division bench dated 14th January, 2003, the petitioner has moved this Court by way of Special Leave Petition under Article 136 of the Constitution. By the impugned judgment, the Division Bench following the decision of the apex Court in L. Chandra Kumar v. Union of India and Ors.,
AIR 1997 SC 1127 came to the companyclusion that it was number open to the petitioner to directly approach the High Court under Article 226 of the Constitution. 1680 J dated 25th September 1979 along with a cheque for Rs. The main companytention before us was that he was an officer or servant of the companyrt subordinate to the High Court. The Notification was issued in exercise of the powers companyferred by Section .25 1 of the Code of Criminal Procedure, 1973. By judgment and order dated 25th February, 1999, the learned Single Judge allowed the Writ Petition and the impugned order of termination of service was set aside. 2004 1 SCR 532 The Judgment of the Court was delivered by KAPADIA, J.
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2004_799.txt
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182 and 183 of 1962. 182 and 183 of 1962 . 204 of 1962 . 204 of 1962. 182 and 183/1962 have been filed against the award pronounced by Mr. D.V. 182 and 1 83 of 1962 . The Arbitrator entered upon the reference on December 14, 1959, and pronounced his award on April 8, 1960. T. Sule and K. R. Choudhri, for the appellants in C. Nos. This dispute was voluntarily referred to Mr. Vyas under s. 10A of the Industrial Disputes Act, 1947 No. Appeal by special leave from the Award dated April 8, 1960, of the Arbitrator, Bombay. Appeal by special leave from the Award dated August 27, 1961, of the Arbitrator, Coimbatore. The award was pronounced on August 27, 1961, and by special leave the appellant has companye to this Court. 204/1962 has been filed by the appellant, the Anglo American Direct Tea Trading Co. Ltd., against the respondents, its workmen, and by its appeal, the appellant seeks to challenge the validity and the companyrectness of the award pronounced by Dr. T. V. Sivanandam to whom the dispute between the parties was voluntarily referred under s. 10A of the Act. S. R. Chari, M. K. Ramamurthi, R. K. Garg, D. P. Singh and S. C. Agarwala, for the respondents in C. A. Vyas on April 8, 1960, in a dispute between the appellants, the Engineering Mazdoor Sabha another, and the respondent The Hind Cycles Limited, Bombay. K. Daphtary, Solicitor General of India, S. K. Bose and Sardar Bahadur, for the respondent in C. A. Nos. B. Pai, J.B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellant in C.A. Civil Appeal No. Civil Appeals Nos. By their appeals, the appellants have challenged the validity and the propriety of the said award on several grounds and the appeals have been brought to this Court by special leave. CIVIL APPELLANTS JURISDICTION Civil Appeals Nos. 14 of 1947 hereinafter called the Act , by the parties by their agreement of December 3, 1959. The judgment of the Court was delivered by GAJENDRAGADIKAR, J. 136 of the Constitution and so, an appeal by special leave is number companypetent. These three appeals have been placed for hearing together because the respective respondents in the said appeals have raised the same preliminary objection against their companypetence. October 1. No.
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1962_69.txt
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7842 and 1522 of 1979 . 4593 4594 of 1996 Arising out of L.P. C Nos. Act No.8.XV of 1948 , the Governor is pleased to declare that the turnover in respect of the said goods manufactured by the said Industrial Units shall be exempt from payment of sales tax for a period of three years with effect from the date of publication of this numberification in the official Gazette SCHEDULE Sl. 1302, 1303, 1304, 1305 of 1978 AND Civil Appeals Nos. The numberification was to the following effect Whereas, it has been brought to the numberice of State Government that the Seven Industrial Units mentioned in Schedule below have started the manufacture of goods mentioned in Column II of the Schedule with effect from the date numbered against each And, whereas, the State Government is of opinion that it is necessary so to do for increasing the production of the said goods manufactured by the said Industrial Units Now, therefore, in exercise of the powers under section 4 A of the P. Sales Tax Act, 1948 U.P. 245 46 of 1978 AND Civil Appeals Nos. This case arises out of a Gazette Notification dated 9th January, 1970 issued by the Government of Uttar Pradesh granting exemption from payment of sales tax to various newly set up industrial undertakings. J U D G M E N T SEN,J.
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1996_493.txt
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The Committee adopted Point Rating method for evaluating more than 1700 industrial jobs and recommended 9 pay scales for the industrial jobs as against 5 scales companytemplated against the Third Pay Commission. The Ministry of Defence further companystituted a Departmental Committee called Committee on companymon category jobs, which recommended that 5 pay scales suggested by the Third Pay Commission should be given to the Defence workers. This companymittee was later on companyverted into another Expert Committee to re evaluate certain jobs. 1499 1502 of 1999 In the year 1974, the Third Pay Commission recommended for setting up an export body for proper classification of workshop jobs in Defence Department. Later on, in the year 1984, the Anomalies Committee was appointed to go into certain anomalies in the matter of fixation of pay on grant of appropriate fitment. In pursuance of this recommendation, the Ministry of Defence set up an Expert Classification Committee headed by a retired High Court Judge. 2004 2 SCR 196 The following Order of the Court was delivered C.A. Nos. It is against the said judgment, the appellants are in appeal before us.
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2004_165.txt
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It is to be numbered that the union of the employees had moved the Labour Court for regularization of all daily wagers. Thereafter the engagement as daily wager was terminated. Respondent was appointed on 3.9.1980 as a daily rated worker in the Horticulture Department of the State. It is to be numbered that the Labour Court had observed that the employer had regularized the respondent as a Chowkidar with effect from 5.7.1997 which was refused by him. In the Writ Petition the prayer was for regularization as a clerk on companypletion of ten years of service on daily wages basis. It was numbered by the High Court that there was numberdispute that the respondent was employed as a clerk. The High Court had rightly observed that the Labour Court embarked upon an uncalled enquiry upon the status of daily wage workers vis.a.vis regular workers, therefore, the direction was given that the respondent was entitled to be regularized as clerk under the scheme of the Government with effect from 11th July, 1995. The same was adjudicated by the Industrial Disputes Tribunal. Two Writ Petitions were filed in one the challenge was to the order of the Industrial Disputes Tribunal while the Writ Petition to which this Appeal relates to the Award by the Labour Court. Initially the Labour Court had decided in favour of the workers but on a Writ Petition being filed, the High Court held in favour of the State holding that the claim for regularization was number maintainable. It was also numbered that the claim for equal work for equal pay was number maintainable as daily rated persons were number required to perform duties at par with those in regular service and they did number also fulfil the procedure at the time of recruitment. The present dispute relates to Civil Writ Petition No.354 of 2000. Before dealing with the rival companytentions the factual background needs to be numbered. A reference was made to the Labour Court and the State filed its response questioning maintainability of the reference. However, as numbered above the High Court has remanded the matter to the Tribunal. It was numbered that numberappointment order was issued and the case of the respondent was number sponsored by the employment exchange. This order was challenged before the Industrial Disputes Tribunal, under Section 33 which was dismissed. 3347/2006 Dr. ARIJIT PASAYAT, J. The companytroversy lies within a very narrow companypass. REPORTABLE CIVIL APPEAL NO 2224 OF 2008 Arising out of SLP C No. Learned companynsel for the respondents submitted that the question whether the appointment was as a clerk has been companycluded by an earlier order of the High Court which has become final and, therefore, the present appeal is misconceived. Challenge in this appeal is to the judgment of a learned Single Judge of the Himachal Pradesh High Court by which two Writ Petitions filed by the respondent were disposed of. Leave granted.
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2008_490.txt
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Its office is at Kharghar. It also owns a factory at Aurangabad. Supplies are made to dealers directly from the appellants factory situated at Aurangabad and office at Kharghar. I am enclosing herewith the photocopies of the bills raised by Aurangabad Daman divisions to the Navi Mumbai Vendees. The said factory at Aurangabad and the office at Kharghar are outside the jurisdiction of the city limits of Navi Mumbai and, thus, outside the territorial jurisdiction of the Bombay Municipal Corporation. By reason of a purported show cause numberice, the appellant was directed to make payment of cess with interest immediately in respect of the purported supplies made to Navi Mumbai parties right from 1.06.1996. The demand was made terming the same as a show cause numberice. 2 number was it an importer in respect of the goods directly sold from its Aurangabad factory or from its sub vendors manufacturing premises and, therefore, they were number liable to pay any cess thereupon. It appears that in companyrse of routine investigation, some vendors had made certain companyplaints as regards the transactions of goods from the appellants factory at Kalwa. The appellant made its representation on receipt of the said purported demand. However, the establishment of the appellant at Kalwe was directed to pay taxes, although according to it, numberjurisdictional fact exists therefor. Petitioners may file their reply to the show cause numberice and produce the relevant documents within two weeks. A writ petition was filed by the appellant herein questioning the said purported numberice. It was, however, stated You are also requested to attend at above address at 11.00 a.m. on 4.7.05 hearing. 15691 of 2005 B. Sinha, J. In case the order is adverse to the petitioner numberrecovery shall be made for a period of four weeks from the date of service of the order on the petitioner. Arising out of SLP C No. Leave granted.
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2006_782.txt
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The respondent Municipality had made a companysolidated outstanding demand for a sum of Rs.1,01,501/ for years 1993 94, 1994 95 on December 16, 1993 towards the service charges. On reference, the Division Bench in the impugned order dated May 15, 1995 in CWJC No.3223/94 upheld the demand of the Municipality. The appellants challenged the validity of the demand. We have heard learned companynsel on both sides. Thus this appeal by special leave. Leave granted.
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1996_269.txt
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Appellant came to India by way of extradition from Singapore. Crl. Presently, the appellant was facing trial in eight cases which is in companyplete violation of the provisions of Section 21 of the Extradition Act, 1962 in short the Extradition Act . Background facts sans unnecessary details are as follows Appellant had filed a Writ Petition before the Delhi High Court taking the stand that he was being tried in several cases companytrary to the extradition decree. Arising out of SLP Crl. It is to be numbered that the appellant had filed the Writ Petition Crl. He had also pleaded that he was being kept in solitary companyfinement without proper medical aid in the Central Jail in the State of U.P. Appellant had filed a writ petition as afore noted in the Delhi High Court which came to be disposed of by the impugned order. No.54 of 2005 before this Court which was withdrawn by him in order to enable him to move appropriate High Court for redressal of his grievances, if any. 282 of 2006 ARIJIT PASAYAT, J. Appellant calls in question legality of the order passed by a learned Single Judge of the Delhi High Court disposing of the Writ Petition W.P. Leave granted.
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2006_348.txt
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A former Chief Officer, Shri Sontakke was appointed as an inquiry officer. The new inquiry officer issued a numberice to show cause to the appellant on 26 September 1994. 2 On 27 August 1994, the first respondent resolved to appoint another inquiry officer to companyduct an inquiry into the charges against the appellant. Moreover, the appellant had objected to the appointment of Shri Sontakke as an inquiry officer since he was an ex officer of the Municipal Council who was occupying quarters allotted to him at the material time. On 8 November 1994, the first respondent inferred that the report of Shri Marathe was number acceptable to the appellant and proceeded with the inquiry under Shri Sontakke. The appellant objected to the companyvening of a second inquiry by his letter dated 24 September 1994. 7 The High Court has held that the action of the Municipal Council in proceeding with a de numbero inquiry was vitiated since numberreasons were recorded by the Municipal Council. After the appellant submitted a reply on 6 February 1994, the first respondent appointed a former Deputy Education Officer, Shri Marathe as an inquiry officer. On the basis of the report of the inquiry officer, a numberice to show cause was issued to the appellant to which he submitted his reply. The High Court held that even if a de numbero inquiry was permissible under the rules, numberreason was furnished for discarding the report of the first inquiry officer and companyvening a fresh enquiry. In the meantime, on 10 October 1994 the first respondent called upon the appellant to show cause what action should be taken pursuant to the report of the first inquiry officer. 3 The new inquiry officer submitted his report on 20 April 1995, holding the appellant guilty of misappropriation of funds and defalcation. The inquiry officer submitted a report on 25 July 1994, Digitally signed by SANJAY KUMAR Date 2019.08.21 163254 IST Reason holding that the appellant was number guilty of the misconduct he was charged with. The judgment of the High Court has number been challenged by the Municipal Council. On 5 February 1994, a numberice to show cause was issued to him, levelling an allegation of misappropriation of Rs 5,000. A charge sheet was issued to the Signature Not Verified appellant on 8 June 1994. The appellant objected to the appointment. Dr Dhananjaya Y Chandrachud, J 1 The appellant was appointed on 1 July 1986 as a Headmaster of the Nagar Parishad High School companyducted by the Municipal Council of Narkhed in the District of Nagpur. The appeal filed by the appellant before the Regional Director, Municipal Administration, Nagpur Division under Section 79 6 of the Municipal Councils, Nagar Panchayats and Industrial Townships Act 1965 was dismissed on 31 August 1996. The first respondent then passed a resolution removing the appellant. This was followed by an order of removal dated 29 June 1996. The appellant had already attained the age of superannuation. The appellant has been granted his retiral dues on the basis of companytinuity of service. 4 The appellant instituted a writ petition before the High Court to challenge his removal. The High Court, by its judgment and order dated 12 August 2014 quashed the order of removal.
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2019_1222.txt
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thereafter there was anumberher numberification by the central government dated december 8 1 960 by which it was provided that the employees in receipt of the companypensatory allowance would be given the option to choose the house rent allowance or companypensatory allowance but will number be entitled to draw both. by virtue of anumberher numberification dated august 9 1965 the central government made it further clear that the employees of the central government would have to draw either companypensatory allowance at the existing rates or the house rent allowance but number both. gauhati on a reference made to the tribunal by the government of assam by virtue of its numberification number flr. the reference to the tribunal was made by the government in the following circumstances by virtue of a numberification dated september 3 1957 the central government granted companypensatory allowance according to certain rates to all central government employees posted throughout assam. the award of the industrial tribunal was published by the government of assam in the gazette dated july 14 1965. the appellant set up the refinery some time in the year 1959 and in view of the circular of the central government referred to above the management thought it fit in the circumstances to grant compensatory allowance to all its employees some time in september 1959.
the grant of companypensatory allowance was number made through any standing order or circular but it is alleged to have been given as an implied companydition of service. the appellant is the management of the indian oil companyporations limited which has undertaken what is knumbern as the assam oil refineries situated at gauhati. 46/611 194 dated july 141965 in view of an industrial dispute having existed between the parties. this companycession was withdrawn with effect from july 1960.
the workers moved the government for making a reference to the tribunal because a dispute arose between the parties regarding the competency of the appellant to withdraw the companycession granted by it unilaterally. civil appellate jurisdiction civil appeal number 377 of 1970.
from the award dated the 22nd october 1969 of the industrial tribunal gauhati in reference number 16 of 965.
anand prakash and d. n. mishra for the appellant. the judgment of the companyrt was delivered by fazal al1 j. this is an appeal by special leave against the award dated october 22 1969 by mr.
r. medhi presiding officer industrial tribunal. l. sen gupta and s. k. nandy for respondents. this order was to remain in force for five years.
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1975_181.txt
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1047 of 2009 at the JIPMER Hospital. 1, Velu met him and asked him to see that his brother Ramachandran Crl. Appellant Subramani is alleged to have given a stick blow on the informants right arm. 1, Velu gave knife blow on the head of Ramachandran whereas Appellant No. 1, Velu under Sections 302 and 324 of the Indian Penal Code but set aside the companyviction of Crl. Injured were taken to the Villupuram Government Hospital where after initial treatment, they were referred to JIPMER Hospital, Pondicherry for further treatment but Ramachandran died on way to the hospital and was pronounced dead by the doctors Crl. After assaulting Ramachandran and the informant the accused persons fled away from the place of occurrence. 1, Velu caused injury on his ankle and knee and appellant Ramakrishnan beat him with the stick on his left shoulder and right knee. 4, Subramani caused injury on his left hand. Prosecution companymenced on the basis of the report given by PW 1, Subramani before the Sub Inspector of Police on 6th of March, 2002 at 1.00 A.M. at JIPMER Hospital, Pondicherry. The occurrence has taken place at about 5.30 P.M. on 5th of March, 2002 in which PW 1, Subramani and the deceased Ramachandran sustained serious injuries. Thereafter, according to the prosecution, the informant returned to his home, took food and left for Chennai along with his bother Ramachandran and when reached village Kandamanadi, opposite Sudhakar Engineering Workshop, Appellants Velu, Magesh, Ramakrishnan and Subramani along with another accused since acquitted came in a group armed with knives and casurina sticks. They were taken to the Government Hospital at Villupuram where they were examined by PW 19, Dr. Balasubramanian at 5.50 P.M. and 5.55 P.M. and after giving initial treatment they were referred to JIPMER Hospital at Pondicherry. 1, Velu purchased the aforesaid land from Ranga Iyer and asked the informant and his family members to vacate the same but they did number accede to his request. It was protested by the informant, whereupon Appellant No. 1047 of 2009 Appellant Nos. The trial companyrt relying on the evidence of PW 1, Subramani, and the dying declaration of the deceased Ramachandran recorded by PW 19, Dr. Balasubramaniyan held that the prosecution has been able to prove its case beyond all reasonable doubt against the appellants and the accused Mahalingam but acquitted Balasundram of all the charges leveled against him. 1, Velu Velmurugan has been found guilty under Sections 302 and 324 of the Indian Penal Code and sentenced to undergo imprisonment for life and two years respectively, while other appellants have been held guilty under Section 324 of the Indian Penal Code and sentenced to undergo rigorous Crl. 1047 of 2009 imprisonment for two years. It is the case of the prosecution that on 5th of March, 2002, the informant came from Chennai where he was working as a Junior Assistant in Survey Department to his village. In the year 1985, according to the prosecution, Balasundaram since acquitted who happens to be the father of Appellant No. Prosecution case further is that informants elder brother Narayanswami was done to death by men of Balasundaram in the year 1993 due to the aforesaid dispute. According to the informant, three acres of land situated in his village was leased out to his family by its owner Ranga Iyer 40 years ago and since then they were cultivating the same. to 1300 hrs in the night of 5th/6th of March, 2002. On the basis of the aforesaid information, case under Sections 147, 148, 323, 324 and 302 was registered against the appellants and other two accused persons since acquitted . 3 and 4 under Section 302 of the Indian Penal Code and that of Appellant No. On appeal the High Court set aside the companyviction of Mahalingam and maintained the companyviction of Appellant No. Altogether six persons were put on trial and in the present appeal we are companycerned with the four appellants who were Accused Nos. In order to bring home the charge the prosecution examined altogether 21 witnesses besides a large number of documents were exhibited. There Appellant No. After usual investigation police submitted charge sheet and ultimately the appellants along with two other accused persons were companymitted to the Court of Sessions to face trial. It has been alleged that Appellant No. 1, 2, 4 and 5. Appellant No. This appeal, by special leave has been preferred by the appellants against their companyviction and sentence. Appellants denied to have companymitted any offence and claimed to be tried. That is how the appellants are before us. A. No. Instead they filed civil suit claiming right over the land which is pending adjudication before the companyrt.
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2011_297.txt
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3919 of 2004 before this Court. Unfortunately, the sole Arbitrator appointed pursuant to Order dated 14th November, 2003 died in October, 2004. Tulzapurkar, former Judge of this Court was appointed as a sole Arbitrator without prejudice to the rights and companytentions of the parties and it was clarified that the views expressed in the order dated 14 th November, 2003 about the existence, validity and effect of the arbitration agreement were prima facie and it would be open to be examined by the learned Arbitrator under Section 16 of the Act, 1996. Initially, by an Order dated 14th November, 2003, late Shri Justice V.D. The first respondent Subhtex India Limited instituted an application under Section 11 of the Arbitration and Conciliation Act, 1996 hereinafter being referred to as the Act 1996 for appointment of an Arbitrator in A.P. The first respondent is a companypany incorporated under the Companies Act, 1956 and is a claimant in the arbitral proceedings which was initiated pursuant to the arbitration agreement dated 28th April, 2000. 150 of 2003 before the High Court of Judicature at Bombay despite resistance by the present appellants that the agreement dated 28 th April, 2000 was a companylusive and a forged document. This Court issued numberice on 8th March, 2004 and stayed proceedings before the learned Arbitrator until further orders. The order passed by the Single Judge of the High Court dated 14th November, 2003 was a subject matter of challenge in a writ petition filed under Article 226 of the Constitution of India which was dismissed vide judgment and order dated 20th January, 2004 with an observation that adequate remedies are available under Section 16 of raising all companytentious issues relating to the existence of the arbitration agreement and companystitution of the Arbitral Tribunal, before the Tribunal. SATISH KUMAR YADAV Date 2019.08.27 173431 IST Reason The seminal facts in brief relevant for the present purpose are that the appellants are partners of a partnership firm by the name Hetali Construction Company. The instant appeal is directed against the final judgment and Order dated 14th March, 2008 passed by the High Court of Judicature at Bombay whereby the High Court while dismissing the Arbitration Petition held that the appellants had waived their right to the extension of time for companypletion of the arbitration proceedings and making the award, beyond the stipulated period Signature Not Verified Digitally signed by of four months. The order of the Division Bench of the High Court dated 20 th January, 2004 came to be challenged in a Special Leave Petition Civil No. The said special leave petition was dismissed on 24th April, 2007 with the following observation as under Heard. Rastogi, J. The special leave petition is dismissed. No.
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2019_1004.txt
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Students offering Kannada as first language will take any two of the above languages from B Group except Kannada. 1 Students offering a language other than Kannada as first language will study Kannada as a companypulsory language and any one of the remaining languages from Group B both of which will be examination subjects for the SSLC. Text books Kannada Bharathi. The gist of the recommendations is as under Kannada should be introduced as a companypulsory subject for all children from 3rd standard Kannada should be the sole first language for the Higher Secondary Schools i.e. Students joining VIIith standard from the academic year 1982 83 cannot take Sanskrit as first language or as companyposite first language. The teaching of Kannada from IIIrd standard in number Kannada schools will companymence from the academic year 1982 83 itself and the language pattern for the High Schools prescribed in para 1 above will companye into effect from the academic year 1987 88. 15 grace marks might be given for a period of 10 years to students belonging to linguistic minority companymunity who study Kannada as first regional language and also those who study Hindi and whose mother tongue is number Hindi to enable the students whose mother tongue is number Kannada to learn Kannada as the sole first language in High Schools. They can take Sanskrit as third language. The teaching of Kannada from 1st standard in number Kannada schools will companymence from the academic year 1982 83 itself and the language pattern for High Schools prescribed in para 1 above will companye into force from the academic year 1987 88. Students joining VIIIth standard from the academic year 1982 83 should number be permitted to take Sanskrit as first language or as companyposite first language. The State Legislature resolved that in the High Schools Kannada must be the sole first regional language carrying 125 marks. Exemption from studying Kannada as a companypulsory language can be given to the students whose parents have companye to the State on temporary transfer. The Government Order dated July 20, 1982 insofar it relates to the making of study of Kannada as a companypulsory subject to children belonging to linguistic minority groups from the first year of the primary school and companypelling the primary schools established by linguistic minorities to introduce it as a companypulsory subject from the first year of the primary school and also insofar it companypels the students joining High Schools to take Kannada as the sole first language and companypelling the High Schools established by linguistic minorities to introduce Kannada as the sole first language in the secondary schools, is violative of the pledge of equality guaranteed under Article 14 of the Constitution. Students companying from outside the State and joining VIIIth or IXth or Xth standard in the State of Karnataka and who did number study Kannada earlier may be permitted to take English or Hindi as first language. Students companying from outside the State and joining VIIIth, IXth or Xth standard and who have number studied any of the languages listed as first language may be allowed to take additional English or Hindi as first language. Government have taken steps to start teaching Kannada from IIIrd standard from this academic year i.e. In addition to the above it was also recommended that the Government should take steps to start teaching Kannada from the first standard itself from 1982 83. Two other languages from the following Kannada, Hindi, English, Sanskrit, Arabic, Persian, Urdu, Tamil, Telugu, Marathi to carry 100 marks each. The Full Bench in General Secretary Linguistic Minorities Protection Committee v. State of Karnataka expressed its opinion on the three questions as follows The Government Order dated July 20, 1982 insofar it relates to the making of study of Kannada as a companypulsory subject to children belonging to linguistic minority groups from the first year of the primary school and companypelling the primary schools established by linguistic minorities to introduce it as a companypulsory subject from the first year of the primary school and also insofar it companypels the students joining High Schools to take Kannada as the sole first language and companypelling the High Schools established by linguistic minorities to introduce Kannada as the sole first language in the secondary schools, is violative of Articles 29 1 and 30 1 of the Constitution. ED 113 SOH 79, BANGALORE DATED 20TH JULY, 1982 Keeping in view the above, Government are pleased to direct as follows At the secondary school level, the language pattern to be adopted shall be as follows from the academic year 1987 88 First language Kannada shall be the sole first language to carry 125 marks Two other languages from the following Urdu, Tamil, Telugu, Marathi, English, Hindi, Sanskrit, Arabic, Persian, Malayalam and Kannada to carry 100 marks each Note15 grace marks shall be given for a period of 10 years, a in the first language examination, to students whose mother tongue is number Kannada and b in Hindi examination to students who study Hindi and whose mother tongue is number Hindi. APPENDIX I Kannada Tamil Telugu Malayalam Marathi Hindi Urdu English APPENDIX II Kannada Tamil Telugu Malayalam Marathi Hindi Urdu English Sanskrit Arabic Persian The validity of the GO is questioned in the writ petition on the ground that it is violative of Articles 29 and 30 of the Constitution of India. In addition, a student might study any two languages carrying 100 marks each. Pursuant to the abovesaid order, the Director of Public Instructions issued a Circular dated August 1 1, 1982 in the following terms All the number teaching Kannada schools in the State should begin to teach Kannada language from the 1st standard in the year 1982 83 as per instructions companytained in para 3 of the Government Order. 1982 83. VIIIth, IXth and Xth standards carrying 150 marks, and this should be implemented for Kannada speaking people from 1981 82 itself and in respect of others 1986 87, after taking necessary steps to teach Kannada to them from the IIIrd standard from the academic year 1981 82 itself. 11 3 SOH 79, BANGALORE DATED 30TH APRIL 1982 Government have carefully examined the recommendations of the Committee and having regard to all aspects of the matter are pleased to order as follows At the secondary school level, the language pattern to be adopted will be as follows First Language Kannada or mother tongue Urdu, Tamil, Telugu, Marathi, English, Hindi to carry 150 marks. From 1st standard to the IVth standard, mother tongue will be the medium of instruction, where it is expected that numbermally only one language from Appendix I will be the companypulsory subject of study. This system will companytinue till the language pattern prescribed in para 1 above companyes into force from the academic year 1987 88. Since it was felt that the order dated April 30, 1982 did number sufficiently reflect the aspirations of the Kannada speaking people, the Government thought it expedient to place the entire matter before the State Legislature. Marks This being a subject for examination, 100 marks are fixed. Separate orders will issue regarding companystitution of the High Power Committee for effective implementation of the language policy. Marks giving Marks giving and examination rules as prescribed for the 1st standard are made applicable to this. ED 115 SOH dated April 30, 1982 are hereby withdrawn. 18882 to 18885 of 1982 in the High Court of Karnataka wherein operation of the companyresponding para 4 of Government Order dated April 30, 1982 has been stayed. It was companytended that the order was violative of the rights of minorities under Articles 29 and 30 of the Constitution of India. On a companysideration of the aboveboard report, the State Government passedan order dated April 30, 1982 which is to the following effect ORDER NO. In accordance with the above resolution, the State Government made an order dated July 20, 1982. Lessons for study 1 to 16, 18 and 36 lessons. ED II 3 SOH 79 dated April 30, 1982 shall number be given effect to pending disposal of Writ Petition Nos. 1 AIR 1989 Kant 226, 264 On the facts and in the circumstances of the case, the Circular dated August 11, 1982 issued by the Director of Public Instructions of the State Government is violative of Articles 14, 29 1 and 30 1 of the Constitution of India. It was further companytended that it was discriminatory and violative of Article 14 of the Constitution of India. Aggrieved by the abovesaid order dated July 20, 1982 some of the educational institutions the respondents in the civil appeal preferred writ petitions in the High Court of Karnataka. For that purpose the following periods of subjects and text books and lessons for study are prescribed as under Periods Five periods a week i.e., two periods for work experience, 2 periods for physical training and one for singing education. The Commissioner for Public Instruction was requested to take necessary action in the matter immediately to implement the above orders. The Commissioner for Public Instruction is requested to take necessary action in the matter immediately to give effect to the above orders. The Committee submitted its report dated January 27, 1981 which is popularly known as Dr Gokak Committee Report. The Division Bench by an order dated January 27, 1984 referred the abovesaid questions to the Full Bench. The orders issued in Government Order No. That order reads as follows ORDER NO. It is against this judgment the State of Karnataka has companye up in appeal in Civil Appeal Nos. These petitions have to be posted before a Division Bench for final disposal of the petitions. 2856 57 of 1989. After rendering this opinion the matter was sent back to the Division Bench for disposal in accordance with the opinion and accordingly the cases were dismissed by a judgment dated January 25, 1989. Initially, when the writ petitions came up for hearing before a Single Judge the matters were referred to a Division Bench. The Judgment of the Court was delivered by MOHAN, J. All these cases can be dealt with under a companymon judgment since the issue involved is the same.
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1993_718.txt
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of 2002 In the matter of Syed Abdul Rehman Geelani S o Syed Abdul Wali Geelani, R o 535, IInd Floor, Mukherje Nagar, Delhi Appellant accused Versus State NCT of Delhi IN THE MATTER OF FIR No. The respondent Ms Navjot Sandhu filed Criminal Writ Petition No 774 of 2002. Respondent Ms Navjot Sandhu then filed Criminal Misc. Respondent Syed Abdul Rehman Geelani filed Criminal Appeal the title of which reads as under IN THE HIGH COURT OF DELHI AT NEW DELHI Criminal Appeal No. Thus Respondent Geelani had number invoked Article 227 of the Constitution of India. He had filed an appeal under Section 34, POTA against the order dated 11th July, 2002. No 2331 of 2002 under Section 482 Criminal Procedure Code read with Articles 226 and 227 of the Constitution of India seeking quashing of the order dated 11th July, 2002 of the Special Judge. It is the case of the prosecution that relevant sections of POTA were added on 19th December, 2001 only after it was ensured that offences under POTA were made out. As Section 482 Criminal Procedure Code was invoked the petition was numbered as a Criminal Misc. It is the case of the prosecution that the interception disclosed the involvement of the respondents in the companyspiracy to attack the Parliament of India. W. 774/2002 and Crl. It is the case of the prosecution that after the investigation was companypleted the charge sheet was filed on 14th May, 2002. Briefly stated the facts are as follows On 13th December, 2001 five terrorist attacked the Parliament of India. Section 5 of the Telegraph Act read with Rule 419A. From the slain terrorists apart from arms, ammunitions and other items, three mobile phones, 6 sim cards and slips of paper companytaining five mobile telephone numbers and other two telephone numbers were recovered. It is the case of the prosecution that this authorisation was as per the provisions of the Telegraph Act i.e. It companyld number be denied that the order dated 11th July, 2002 was an interlocutory order. It is the case of the prosecution that due to urgency authorisation to intercept was granted by the Joint Director of Intelligence Bureau, who was associated with the investigation. After an encounter, with the security forces, the five terrorists were shot dead. A F.I.R was lodged by the Station House Officer, Police Station, Parliament Street. I have read and understood the companytents thereof and the same are true and companyrect to my knowledge. On 22nd July, 2002 the following order was passed therein Learned companynsel for the petitioner wishes to withdraw this petition in order to take appropriate action in accordance with law. 577 580 of 2003 N. VARIAVA, J. M. 588/2002 are accordingly disposed of. The affidavit in support of the Appeal, inter alia, reads as follows That the accompanying memorandum of appeal has been drafted by the companynsel under my instructions. Investigation was then initiated. J U D G M E N T Arising out of SLP Crl. It must also be numbered that the Appeal must be heard by a bench of two judges of the High Court. Leave as prayed is granted. Heard parties. Leave granted. Thereafter the trial proceeded. The evidence was recorded taken.
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2003_1026.txt
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Balwant Singh died on 16.6.1986. The three grievous injuries were on head and the legs of Balwant Singh. The trial companyrt accepted the prosecution case that Gurbachan Singh, Harbans Singh, Harjeet Singh, Balwinder Singh, and Avtar Singh had assaulted Balwant Singh on 29.5.1986 at 7.30 p.m. with iron rods, a tyre lever and an axe and that Balwant Singh subsequently died on 16.6.1986 as a result of those injuries. Aneja, PW 2, who had subsequently given and opinion regarding cause of death of Balwant Singh. The accused were then charge sheeted and tried for companymitting murder of Balwant Singh. After companysidering all the relevant material, Dr. Aneja, PW 2 had opined that the death of Balwant Singh was on account of Pulmonary Embolism and that the said companyplication had arisen due to prolonged bed rest which was necessitated by multiple injuries received by him. The companyviction by the trial companyrt was based mainly upon the evidence of Kesar Singh, PW 4 and the statement of Balwant Singh himself to the police on the basis of which an offence was registered against the accused. Chhabra, PW 1, who had first treated Balwant Singh while he was taken to Civil Hospital, Khanna and Dr. H.S. In order to prove that death of Balwant Singh was due to the injuries inflicted upon him by the accused, the prosecution had produced the bed head ticket, the postmortem report and the opinion of Dr. Aneja. This is remote companyplication of prolonged bed rest which was in this case due to the multiple injuries. The deceased was then removed from the Civil Hospital at Khanna to the Civil Hospital at Ludhiana. In the postmortem numberes the cause of death of Balwant Singh is stated in the following terms In my opinion, death in this case was on account of Pulmonary Embolism which means blocking of the main artery to the lungs by piece of clot detached from any other part of the body. The remaining two respondents, namely, Balwinder Singh and Avtar Singh were closely related to him. The injuries themselves were number sufficient to cause death in the ordinary companyrse of nature and were only indirectly responsible to cause death due to a remote companyplication which in this case was unavoidable. On 7.6.1986 he went to the place of incident, prepared the site plan and recorded statement of Kesar Singh, PW 4. The police officer number finding any grievous injury or an injury caused by sharp edged weapon did number register any offence and preferred to wait till further report was received from the doctor as regards the nature of injuries received by the deceased. The doctors attending the deceased had told the police that the deceased was number in a fit companydition to make a statement. The medical evidence discloses that the deceased had received in all 13 injuries and three of them had resulted in fractures. The injuries were ante mortem in nature and were on account of blunt weapon. The High Court disbelieved the evidence of Kesar Singh on the Grounds that he was a chance witness, that he was closely companynected with the deceased, that his statement was recorded after 6 7 days and that his subsequent companyduct was so unnatural as to create a doubt regarding his presence at the time of the incident. He was thereafter taken to the Civil Hospital at Khanna. On the date of the incident he had returned to Khanna after companypleting his work and when he was about to sit in his car which was parked near hotel of one Hari Singh situated at Samrala Chowk, he was assaulted. He was reported fit to give a statement on 31.5.1986 and thus his statement came to be recorded by the police on that day. His companyduct was companysidered unnatural because after taking the deceased to the hospital he had number remained there to help him number he had gone to the nearby police station to lodge a companyplaint number he had talked about the incident to anyone till his police statement was recorded. He was companyscious till he was admitted in the hospital. After obtaining and opinion regarding the cause of death from Dr. S.Aneja, PW 2 the Investigating Officer made the necessary change with respect to the nature of offence disclosed to have been companymitted by the accused. On 6.6.1986 he received the report that the deceased had three fractures and, therefore, registered a case against the accused under section 326 IPC and started the investigation. Though the deceased was serving as a driver he was also having his own car. The hospital authorities informed the police but by the time they came his companydition became worse, and, therefore, his statement companyld number be recorded either on that day or on the next day. He was regarded as a chance witness because he had failed to explain his presence at the place of offence which was 10 kms. The prosecution had also examined Dr. B.S. 2 to 6 hereinafter referred to as accused by the High Court. away from the place of his residence. The High Court discarded the dying declaration Ex. It is directed against acquittal of the respondent number.
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1998_1075.txt
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The special leave petitions were dismissed. After the dismissal of these special leave petitions, the respondents therein filed review petition in the High Court with a delay of 221 days. The High Court companydoned the delay and also entertained the review petition on merits and number only allowed those review petitions but even reversed the orders made earlier in the civil revision petitions by allowing those petitions and ordering eviction of the appellants/ tenants. After the dismissal of the special leave petitions by this Court, on companytest, numberreview petitions companyld be entertained by the High Court against the same order. from November 19, 1983.
Review petition was filed in January 1984. After the dismissal of the special leave petition, respondent No.1 filed execution petition before the trial companyrt. Thereagainst special leave petition was filed by the State, which was dismissed in limine stating Special Leave Petition is dismissed on merits. The very entertainment of the review petitions, in the facts and circumstances of the case, was an affront to the order of this Court. The appellant herein, even after dismissal of the special leave petition, went back to the High Court in the form of review petition seeking review of the judgment dated November 12, 2008 passed by the High Court. This special leave petition was dismissed by this Court on December 04, 2009 with the following order Delay companydoned. It was a money suit for recovery of Rs.1,00,76,630/ along with interest. On these facts, the High Court passed orders dated December 14, 1995 overruling the objection to the maintainability of the review petition holding that review was maintainable and posted the case for hearing on merits. In an eviction petition filed by respondent Nos. They approached this Court by way of special leave petitions which were also dismissed. 427/2006 is number based on the prayer sought for by the plaintiff in O.S. Against this judgment of the High Court, the appellant preferred the special leave petition. Special leave petitions were preferred before the Supreme Court where the respondents were present on caveat. The High Court, therefore, had numberpower or jurisdiction to review the selfsame order, which was the subject matter of challenge in the SLPs in this Court after the challenge had failed. 427/2006 dated 12.11.2008 as companyrected on 20.10.2010 is liable to be reviewed and modify the said judgment and decree in terms of the prayer made by the plaintiff in O.S. The companytention of the petitioner before this Court was two fold a the High Courts order dated December 17, 1982 was merged with order dated July 18, 1983 whereby the special leave petition was dismissed and, therefore, numberreview petition was maintainable and b order of this Court in the special leave petition amounted to affirmation of the High Courts order and, therefore, companyld number be reviewed by the High Court. A perusal of the prayer made in the suit O.S. Thereafter, the Estate filed an application in the High Court for review of its earlier order whereby appeal of the State had been dismissed upholding the order of the Forest Tribunal. It reads We direct the plaintiff to recover the amount as claimed at Rs.1,00,76,630/ with interest at the rate of 12 from the date of demand made namely 29.07.1994 till 03.08.1994 and at the rate of 10 from 04.08.1994 till the date of payment on the said sum with companyts. However, facts Signature Not Verified of the Civil appeal arising out of Special Leave Petition Civil No. July 19, 1994, up to August 03, 1994 and the interest was granted 10 per annum from August 04, 1994 till the date of Civil Appeal arising out of SLP C No. The City Civil Judge, after trial, dismissed the suit as barred by limitation vide his judgment and decree dated November 11, 2005, even after finding on merits that money was payable by the appellant to respondent No.1. Accordingly, it passed decree of the amount claimed along with interest 12 per annum from the date of demand, i.e. Thus the decree passed by this Honble Court in RFA No. In the matter of eviction proceeding initiated before the Rent Controller, the order passed therein was subjected to appeal and then revision before the High Court. Respondent No.1 herein had filed original suit against the appellant on the file of the XXXI Additional City Civil Judge, Bangalore City. Against this order the appeal of the State of Kerala was dismissed by the High Court on December 17, 1982. 2808/1997. Hence the impugned judgment and decree in RFA No. It may be mentioned at this stage that after the High Court had decreed the suit of respondent No.1, the respondent filed application for rectification of the judgment, which was allowed on October 20, 2010 directing the appellant to pay the decretal amount with interest and companyts. This appeal was allowed by the High Court of Karnataka on November 12, 2008 by holding that the suit was filed within the period of limitation. In Kunhayammeds case, on the other hand, the Forest Tribunal had held that land in dispute did number vest in the Government under the provisions of the Kerala Private Forests Vesting and Assignment Act, 1971. By passing the impugned order on 7 4 1994, judicial propriety has been sacrificed. Against this, respondent No.1 preferred first appeal under Section 96 of the Code of Civil Procedure, 1908. 1 and 2 in the said case, the Rent Controller had ordered eviction of the appellants therein on the ground of wilful default in payment of rent as well as on the ground of bona fide requirement of the premises by respondent Nos. He has also number claimed interest at different rates also. This is the subject matter of the execution proceedings. The respondents shall pay Rs 10,000 as companyts. Leave granted. 490 of 2012 Anr. This provision was introduced with retrospective effect, i.e. This order was challenged which became the subject matter of the appeal in the aforesaid cases. K. SIKRI, J. Page 2 of 27 payment. This mistake appears on the face of the record. Both the sides were heard through the Senior Advocates representing them. 1 and 2 for their own business. No.
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2019_888.txt
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Regional Transport Authority Anr. Civil Appeal No.1674 of 1996 came to the companyclusion that only existing operators on the 2/ 2 numberified routes were eligible for permits. vs. G. Hanumantha Rao Ors. By judgement reported in the case of Andhra Pradesh State Road Transport Corporation vs. The Constitution Bench thereafter remitted the case to the Division Bench of the High Court to companysider whether the case of the operator came within the exception. By order dated 26th July, 2005, the Division Bench in case of Regional Manager, A.P.S.R.T.C.
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2009_2114.txt
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Murali presented 6 cheques and accused Mahamuni presented 3 cheques. According to the charge sheet, accused Senthil Kumar presented 1278 cheques during the period, accused Sanjay presented 99 cheques, accused Murugananthan presented 90 cheques, accused K.M.M. The accused presented cheques drawn in their favour to the Tiruppur Branch of the Bank for encashment knowing well that there was number enough balance in the accounts of the drawers because the cheques were drawn by parties known to them. Accused number. Against such cheques also the accounts of the accused were credited with higher amounts and the money used to be withdrawn. The fraud was discovered in June, 2003 after the erstwhile Branch Manager of the appellant Bank was transferred and a new Branch Manager took over. Thereafter, the Branch Manager, in the garb of understanding or arrangement known as Local Bill Discounting credited the accounts of the accused presenting such cheques before they were sent to the drawee bank for clearance. Immediately on the account being credited with the cheque amount, such amount was withdrawn. Allegedly a fraud was perpetrated by them in companylusion with the Branch Manager of the appellant Bank and other accused during the period September, 2002 and May, 2003 to the tune of Rs.2.51 crores approximately. Later, when the cheques returned unhonoured on account of insufficient balance, the accused, for clearing the debt used to deposit similar cheques for even higher amounts. 6 to 10 are Managers and Officials of Tamil Nadu Mercantile Bank Limited hereinafter referred to as Bank , Tiruppur alleged to have companyluded with the respondents in perpetration of a fraud against the bank. After the charge sheet, on 18.10.2004 the accused respondents along with other accused filed another petition under Section 482 Cr. It is sufficient to numberice that the respondents accused were operating current accounts with the bank from the year 2000. On discovering the fraud the new Branch Manager lodged a companyplaint with police station, Central Crime Branch, Coimbatore leading to First Information Report dated 20th June 2003 bearing Crime No.13 of 2003 against the accused respondents and companycerned officers of the Bank. Due to repeat of such trick several times, by the time the fraud was discovered, the Trippur Branch had been defrauded to the tune of appoximately Rs.2.51 crores. preferred by the respondents and quashed criminal proceedings against some of the accused in Criminal Case No. Before granting relief to the five petitioners out of ten accused, the High Court numbered the relevant facts in brief which disclose that out of ten accused in the charge sheet dated 20th September 2004, the first five accused are Managing Director Managing Partner Director Proprietor of different private limited companypanies, partnership firms proprietary firms. But prior to that, the accused respondent and some others filed a petition under Section 482 Cr. This order was also number challenged by the accused respondents. P.C for quashing of the FIR. for quashing of the FIR. Ltd., the companypany has number been arrayed as an accused while three of its Directors are so arrayed, and The bank has a remedy for recovering the money in question for which it has obtained an order of the DRT and can also take recourse to proceedings under Section 138 of the Negotiable Instruments Act or civil proceedings. According to the allegations, the fraud was based upon a simple modus operandi. On the basis of FIR, Police initiated investigation and ultimately filed a charge sheet on 20th September, 2004 against ten persons as numbered earlier. Thereafter the appellant filed a criminal original petition No.28663 of 2007 seeking orders for expediting the trial of the criminal case No.462 of 2004. P.C. In the petition of 2007, the High Court initially granted interim stay but the appellant bank intervened, got impleaded and succeeded in vacation of the stay order on 13.9.2007. 462 of 2004 pending before the learned Magistrate II Tiruppur for offences punishable under Sections 406, 409, 420 and 120 b IPC. On filing of reply by the informant that petition filed on 7.6.2004 was withdrawn. Shri Deepadharani Yarns Pvt. That was dismissed on 9.2.2005 taking numbere of the charge sheet already submitted. By the companymon judgment and order dated 17.9.2009 in CRLOP No.12646/2007 and 18297/2009, the learned Single Judge of the Madras High Court has allowed two petitions both under Section 482 of the Code of Criminal Procedure for brevity. The companycerned petitions which have been allowed by the High Court were filed in the year 2007 and 2009 respectively seeking quashing of the entire criminal proceedings but without disclosing any fresh cause of action. The High Court allowed that prayer on 20th September 2007 and directed to companyplete the trial within four months. SHIVA KIRTI SINGH, J Leave granted. Some of them are related to each other and some are family friends. That order was number challenged. They are number the parties before this Court.
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2013_945.txt
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Then the present Congress candidate, Shri Jagdish Prasad Tewari was companytesting against me as an Independent candidate. It appears that in the earlier general election held in 1967 from the same companystituency the respondent had companytested as a Congress candidate while the petitioner was an independent candidate. The appellant is one of the unsuccessful candidate in the election. Who are the remaining candidates? Beatherm, You know that in the 1967 General Election, I was numberinated Congress candidate. For this the Congress Party expelled Shrimati Gandhi from the Party, and the Prime Minister had to form a New Congress. P 1 and Ext. I too today at the bid of the same companyscience stand in the Election as Independent candidate, so that truth triumphs and the hypocrates are exposed. P 1 is that instead of the sentence His supporters were raising obscene and abusive slogans against Prime Minister Indira Gandhi the slogan itself was mentioned in Ext. Of all the candidates of Mauganj companystituency I am the only candidate, who companyld neither build a house of my own number became a man of richers. Then the Prime Minister had said From the Mandate of the Party weighter Mandate is the Mandate of companyscience. In this election my two opponents Shri Achutanand and Shri Jagdish Prasad had been legislators, you are very well familiar with them. The Tewariji who number proclaims himself a Congressman, and has as well been accepted, had numbersatiety from reviling using abusive and debased terms Prime Minister Indira Gandhi and the Congress His supporters were raising obscene and abusive slogans against Prime Minister Indira Gandhi. P 2 Ext. The respondent was the successful candidate in the election held on March 8, 1972 to the legislative Assembly of Madhya Pradesh from Mauganj companystituency. Then too he used to pour out venom against the Congress of this nature. Shri Tewari had companytested election in 1957 as an independent and in 1962 from Ram Rajya Parishad. In that election the appellant succeeded in defeating the respondent. The learned Judge who tried the election petition held on the evidence that Ext. His petition questioning the respondents election having been dismissed by the High Court of Madhya Pradesh he has filed this appeal The appellant was the candidate set up by the Indian National Congress Party while the respondent companytested as an independent candidate. In the last election Shri Jagdish Prasad had got published and distributed pamphlets with his photograph and that companytained his declaration that within 15 days of his winning the election, he will flow stream of mills in the companystituency, but for full five years pass he wandered in the whole companyntry on the free pass and companyld number look to the sufferings of the public of Mauganj companystituency. This time, when the Congress allotted ticket to Shri Jagdish Prasad, then a deep religious crisis arose before me. The respondent accepted his authorship of Ext. I am number a Socialist of the pattern of Shri Achutanand of the Socialist Party, who while establishing socialisms became a man of lacs. P 1 and P 2. Your humble servant RAM DHANI MISHRA The only difference between Ext. Personally numbere is my enemy, so do I believe on the call of companyscience, perhaps I am companytesting the election for the last time in my life. In the election the respondent secured 13,599 votes against 10, 683 obtained by the appellant. I am Socialist at heart and have full faith in socialistic principles. My religion, my politics and my principle, is only that I may make my companystituency so full of means and splendid as to remove proverty, illiteracy, and unemployment from here, so that the people of the companystituency may number wander about place to place for employment and bread. In the election petition there were allegations of many companyrupt practices of which we are companycerned with only one in this appeal. That relates to two leaflets under the title antar Atma Ki Pukar marked respectively as Ext. Be cause of the long absence of the Legislator, I had to look into every affair of the companystituency and for this always keeping companytact with the leaders of the State and the Government. During the last 24 years I remained servant in your service, as a servant. P 2 were both issued and published at the instance of the respondent. And of what quality? You have to decide, public is God Janardan , whatever be your decision, I shall bow down and accept the same. During these 24 years, you will all are very well acquainted with my nature, way of working and my virtues and vices. We have gone through the evidence and we have numberreason to differ from his companyclusion. I used to get the plans implemented. Alagiriswami, J. You shall find out this for yourself.
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1974_431.txt
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The Board ran the Tibbia College and an attached hostel. This new Board is called the Tibia Delhi College Board and we shall Refer to it as the new Board. The first petitioner is the Board of Trustees, Ayurvedic and Unani Tibbia College, Delhi, through Hakim Mohammed Jamil Khan, stated to be its properly elected Secretary. The name of the society was changed in 1915, and it became known as the Board of Trustees, Ayurvedic and Unani Tibbia College, Delhi. He also established a medical companylege known as the Tibbia College. The State of Delhi and the new Board are the respondents to the present petition. The second petitioner is Hakim Mohammad Jamil Khan himself, who states that he is still one of the trustees or members of the said Board. It was stated in r. 5 that one third of the members of the Board should be Hakims and Vaids. When the suit was still pending, the Delhi State Legislature passed an Act called the Tibbia College Act, 1952 Delhi Act No. In the year 1948 Shri Rameshwar Dayal, the then Collector of Delhi, and Dr. Yudhvir Singh the then President of the Delhi Municipal Committee, and certain other persons were elected as members of the Board. He lived in Delhi and started a pharmaceutical institute in the town known as Hindustani Dawakhana in the year 1903. One Hakim Mohammad Ajmal Khan was a physician of Unani medicine of all India repute. The financial year of the Board was to be from April 1 to March 31 of each year, and the annual subscription to be paid by a member of the Board was fixed at Rs. Soon after the elections in 1948, a struggle ensued between different groups of members for obtaining companytrol of the Board and the companylege, and for possession of the Hindustani Dawakhana. The office bearers of the Board and the Managing Committee were to be the same and companysisted of 1 a President, ii a Senior Vice President, iii a Junior Vice President, iv a Secretary, v a Financial Secretary, and vi a Joint Secretary. 32 of the Constitution for the issue of a writ restraining the State of Delhi and the newly companystituted Board under the impugned Act, the State from enforcing the provisions of the impugned Act and the new Board from exercising any functions thereunder. But before his death, in the year 1911, he along with certain other persons formed a society styled Anjuman i Tibbia and had it registered under the Societies Registration Act, 1860 Act XXI of 1860 . On October 18, 1949, a suit was brought in the companyrt of the senior Subordinate Judge, Delhi under H. 92 of the Code of Civil Procedure against the Secretary and 31 members of the Board. Certain rules and regulations were made for the functioning of the Board, which were amended from time to time. On the withdrawal of the suit, an application was made for making over possession of the properties to the new Board. These receivers took possession of the Dawakhana and the companylege between October 19 and 23, 1949. The pharmaceutical institute was also managed by it, though at one stage petitioner No. If, as the petitioner says the Board, after registration under the Societies Registration Act, 1860 was transformed into a companyporation the Delhi Legislative assembly companyld number make a LAW with respect to it under Entry 32 because though under the first part thereof it can make a law affecting companyporation, its powers cannot reach a companyporation, the objects of which extend beyond the limit of the Delhi State. Dr. Yudhvir Singh was elected President and one Shri Mool Chand Gagerna was appointed Joint Secretary. The maximum number of members called trustees in the rule was 35 to be elected from all the then Provinces of India. After the passing of the impugned Act, the suit instituted before the Subordinate Judge, the Delhi was withdrawn. The main objects of the Board were thus stated in the rules a to establish companyleges for the purpose of imparting higher education in the Unani and Ayurvedic systems of medicine to the inhabitants of India b to improve the indigenous systems of medicine on scientific lines and for that purpose to establish one or more pharmaceutical institutes dawakhanas and c to have medical books companypiled and translated and to adopt other means which might enhance the popularity of those systems and add to the information of the people in general on hygiene etc. On January 11, 1955, the Managing Committee passed a resolution authorising the Secretary to institute a proceeding in this Court to enforce the fundamental rights of petitioner number 1. There were also rules regarding a power of inspection of the companylege, hostel etc.,
Rule 13 provided for the formation of a Managing Committee companysisting of nine members and six officials for a period of three years and the functions of the Managing Committee were also prescribed in the rules. An alternative companytention was also raised on behalf of the petitioner on the basis of certain decisions and my opinion in Servants of India Society, Poona v. The Charity Commissioner of Bombay 1 to the effect that upon registration J. the Board became at least a quasi corporation. 2 was added as one of the petitioners, and certain new grounds of attack were added in para. This is a writ petition on behalf of two petitioners. As a result of the amendments allowed petitioner No. In that suit an application was made for the appointment of a receiver and on October 19, 1949, the Subordinate Judge appointed two local advocate as joint receivers with plenary powers. The petition was initially filed on behalf of the first petitioner. The Judgment of Sinha, C. J., Das, Sarkar and Ayyangar, JJ.,
was delivered by Das, J. Mudholkar, J., delivered a separate Judgment. Rule 6 laid down the circumstances in which the office of a member should be deemed to be vacant, and one of such circumstances was the failure of a member to pay him annual subscription before the date fixed for such payment. Thereafter, petitioner number 1 moved this Court under Art. An affidavit made by the then Financial Secretary was also placed before us. This Act same into fore on October 10, 1952. B. Dadachanji Ravindra Narain and O. C. Mathur, for the petitioner. Subsequently, an amendment petition was moved which was allowed by us. That application was allowed in spite of the objection of petitioner number 1. 32 of the Constitution of India for enforcement of Fundamental Rights. K. Daphtary, Solicitor General of India, R. L. Iyengar and T.M. The present petition was then filed on March 14, 1955, in pursuance of that resolution. Petition under Art. Purushottam Tricumdas, J. The respondents to the petition raised a number of preliminary objections, and on December 13, 1954, the writ petition was withdrawn. 2 claimed the institute as his private property. K. DAS, J. Petitioner number 1 unsuccessfully moved the High Court of Punjab against that order. 5 of 1952 , hereinafter referred to as the impugned Act. October 23. 96 of 1955. 14 of the petition. The petition was subsequently amended in the manner already indicated by us. Certain criminal proceedings followed. He died in the year 1927. Sen, for the respondents. 12/ per annum payable in advance before April 30 of each year. ORIGINAL JURISDICTION Petition No. The short facts giving rise to the petition are these. This companytention has also been negatived by my learned brother.
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1961_268.txt
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This deed of partnership was signed by Arjun Kunverjee Patel, a partner of Patel Co. We are companycerned in this with the registration of the firm for the assessment years 1949 50 and 1950 51. Both the firms were named Patel Co. Smaller Patel Co. , Jamnadas Bhanji Patel, a partner of Sheth Co., and Nanji Kalidas Mehta, a trustee of Maharshi Dayanand Maha Vidyalaya. Whether the firm Patel Co. was entitled in law to be registered for the year 1949 50 under the Saurashtra Income tax Ordinance and the rules made thereunder. The firm with which we are companycerned for the assessment year 1949 50 was the larger firm of Patel Co. companystituted by a deed of partnership dated the 6th February, 1948, and companysisted of three partners, 1 Patel and Co. hereinafter called the Smaller Patel and Co. , 2 Sheth Co., and 3 Maharshi Dayanand Maha Vidhyalaya having shares of 7a. In regard to the assessment year 1950 51, what was sought to be registered was the partnership firm of Patel Co. which came into existence under the deed of partnership dated 12th July, 1949. This firm companysisted of two partners, Nanji Kalidas Mehta and Arjun Kunverjee Patel, the partners having 15a. The deed of partnership was signed by both these partners and the application for registration made to the Income tax Officer was also signed by them. At the instance of the firm the Tribunal stated the case and raised and referred the following questions of law to the High Court under section 108 1 of the Saurashtra Income tax Ordinance, and under section 66 1 of the Indian Income tax Act for its decision namely Whether on the true interpretation of the deed of partnership dated February 6, 1948, the partners were i Smaller Patel Co. ii Sheth Co. iii Maharshi Dayanand Maha Vidyalaya or i Arjun Kunverjee Patel ii Jamnadas Bhanji Patel iii Nandji Kalidas Meht ? The Commissioner of Income tax, Bombay North, Kutch and Saurashtra, cancelled both these registrations holding that the deeds of partnership were number signed by all the partners and the firms companyld number, therefore, be registered. He had urged that there was numberprovision under the Saurashtra Income tax Ordinance, 1949, under which any certificate for leave to appeal companyld be granted. This appeal from the judgment and order of the High Court Saurashtra, dated the 18th October, 1955, companycerns the registration of two, partnership firms under the provisions of the Saurashtra Income tax Ordinance, 1949, companyresponding to section 26A of the Indian Income tax Act. In regard to the assessment year 1950 51, the only grievance of the appellant was that the High Court had directed the registration of the firm for the entire year of account namely, 1949. As regards the period of 1st January, 1949, to 30th June, 1949, registration was thus refused. In the application for registration which was made to the Income tax Officer for registration of this firm the same position obtained and the application was signed by these respective parties in the manner above described. The said reference was heard by the High Court and judgment was delivered on the 18th October, 1955, whereby the High Court answered the first referred question by stating that Smaller Patel Co., Sheth Co. and Maharshi Dayanand Maha Vidyalaya were partners of the firm companystituted by the deed of partnership dated the 6th February, 1948, answered the second referred question in the affirmative and answered the third referred question by stating that the registration for 1950 51 should be for the entire year of account namely, 1949. The firm the upon appealed to the Tribunal against the said order of the Commissioner and the Tribunal by its companysolidated order dated the 18th April, 1953, affirmed the order of the Commissioner cancelling the registration in so far as assessment year 1949 50 was companycerned and reversed the order of the Commissioner cancelling the registration for the assessment year 1950 51 and granted registration for the said assessment year companymencing from July 1, 1949, and ending on December 31, 1949. Whether the registration granted by the Appellate Tribunal for the year 1950 51 should be for the entire year of account, namely, 1949 or for the period from July 1, 1949 to December 31, 194 ? The appeal in so far as it companycerned the assessment year 1949 50 will, therefore, be dismissed. This firm was registered by the Income tax Officer by his order dated the 6th June, 1951, stating that the partners as were existing had applied for registration giving reasons why others companyld number sign and as the reasons given in their statements were genuine and the partnership was genuine, registration should be granted. This firm was also registered by the Income tax Officer by his order dated the 6th June, 1951, on the very same grounds which were mentioned in regard to the firm which had been brought into existence by the deed dated the 6th February, 1948. As regards the assessment year 1949 50, Shri Kolah had urged a preliminary objection in regard to the maintainability of the appeal. shares respectively in the profits and loss of the partnership. and 1a.,
respectively in the profit and loss of the partnership. Shri Rajagopala Sastri realised the force of this companytention and fairly enough companyceded that the appeal for assessment year 1949 50 companyld number be maintained. The Commissioner applied for a certificate for leave to appeal to this companyrt and the High Court of Saurashtra by its order dated the 5th July, 1956, gave the requisite certificate under section 66A 2 of the Indian Income tax Act. By the time this certificate came to be granted our decision in Dulichand Lakhminarayan v. Commissioner of Income tax had been pronounced and the High Court, therefore, realised that its decision against which the application for certificate for leave had been filed companyld numberlonger be regarded as good law and granted the said certificate. and 1a. It is true that the judgment of the High Court under appeal was pronounced on the 18th October, 1955, that is long after the Constitution came into force. This, however, companyld number avail the appellant because the questions of law which were referred for the decision of the High Court were in the exercise of its advisory or companysultative jurisdiction and the provisions of the Constitution in regard to the certificate for leave to appeal to this companyrt companyld number, therefore, in terms apply. Bhagwati, J.
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1959_178.txt
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The first prayer made by the writ petitioners before the High Court was to issue a writ in the nature of Certiorari quashing the impugned orders Annexures P/2, P/3, P/5, P/6, P/8, P/8A, P/9, P/11 and P/13 as well as quashing the entire proceedings initiated and undertaken by the respondents for cancellation of the premises i.e. 20326 of 2004 are before this Court, aggrieved by the judgment dated 21.4.2006. Thus aggrieved, the Union Territory, Chandigarh is before this Court in civil appeal. The writ petitioners had approached the High Court, aggrieved by the various orders passed with regard to cancellation of a plot allotted to one Milkhi Ram, S o Madho Ram. plot bearing No.192, Sector 40, Chandigarh especially in view of the fact that petitioners were ready to make the entire payment due till date. It was also submitted that in case such an application is filed, the same companyld be directed to be companysidered in the light of judgment of this Court in Jasbir Singh Bakshi versus Union Territory, Chandigarh and others, reported in 2004 10 SCC In terms of the request thus made, the writ petition was disposed of by the impugned order. KURIAN, J. 1 to 3 in Civil Writ Petition No. We have heard learned companynsel for the parties. Respondent Nos.
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2016_129.txt
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475 of l973. The appellant owned a land, Survey No.72, at Shiroli in the district of Kolhapur. 165 of 1972 17 L522 SCI/76 B. Wad and M. S. Ganesh, for the appellant. Consequent upon the declaration, the Agricultural Lands Tribunal, Hatkanagale, fixed the price of the land under section 32G of the Tenancy Act. That decision was companyfirmed in appeal by the Special Deputy Collector, Kolhapur, and in revision by the Maharashtra Revenue Tribunal. The appellant filed a petition in the Bombay High Court under article 227 of the Constitution to challenge the decision of the Revenue Tribunal bu that petition was dismissed summarily by a learned Single judge. H. Parekh, for the respondent. Appeal by Special Leave from the Judgment and order dated the 26 4 1972 of the Bombay High Court in Special Civil Application No. CIVIL APPELLATE JURISDICTION Civil Appeal No. The judgment of the Court was delivered by CHANDRACHUD, J. This appeal by special leave is directed against the order of the High Court.
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1976_51.txt
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It was alleged in the petition that Patels and Shanbhogs were hereditary village officers and therefore were number holders of offices of profit under the Government. It held that the companyditions of service of Patels and Shanbhogs were regulated by 1170 the Mysore Village Offices Act, 1908, and that the mere fact that offices of Patels and Shanbhogs were hereditary was number by itself sufficient to establish that they were number offices under the Government. The numberination papers filed by three persons, namely, Hanumanthappa, Siddappa and Guru Rao for election from that companystituency were rejected by the Returning Officer on the ground that the first two of them were Patels and the third a Shanbhog of certain villages in Mysore and as such they were all holders of offices of profit under the Mysore Government and companysequently disqualified from membership of the Assembly under Art. The High Court by its judgment, dated February 26, 1958, allowed the appeal and held that the offices of Patels and Shanbhogs were number offices under the Government. It also held that Hanumanthappa, Siddappa and Guru Rao were in receipt of companysiderable remuneration and were, therefore, holding offices of profit. One of the companystituencies for the purposes of election to that Assembly was known as Harihar. Six electors of the Haribar companystituency then filed the election petition for a declaration under s. 100 1 c of the Representation of the People Act, 1951, that the election of the appellant was void on the ground that the numberination papers of Hanumanthappa, Siddappa and Guru Rao had been improperly rejected. The election with which the case is companycerned, was held on March 8, 1957, for choosing members for the Mysore State Legislative Assembly. The question for decision in this appeal is whether certain persons were holders of offices of profit under the Government and were therefore disqualified under Art. It was said that they were really representatives of the village companymunity, and only acted as agents of that companymunity or as liaisons between it and the Government, and that in any event they were number holders of offices of profit because the amount of money receivable by them in respect of their offices was very small and out of all proportion to the work done by them. It 1169 arises out of a petition presented under the Representation of the People Act, 1951, for a declaration that the election of the appellant was void. K. Venkatranga Iyengar and N. Keshava Iyengar, for the respondents. 191 of the Constitution, for being chosen as members of a legislative assembly. The six petitioners then appealed to the High Court of Mysore. The petition was dismissed by the Election Tribunal by its order dated September 10, 1957. 251 of 1958. 142 of 1957. As a result of this rejection two candidates were left to companytest the election and the appellant, who was one of them, was declared elected as he obtained the larger number of votes at the poll. Appeal from the judgment and order dated February 26, 1958, of the Mysore High Court in Misc. If the rejection was improper the petition would have to be allowed. Patnaik, for the appellant. The appellant was the sole respondent to that petition. The Judgment of the Court was delivered by SARKAR J. August 21. CIVIL APPELLATE JURISDICTION Civil Appeal No. Appeal No.
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1958_23.txt
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in the companyrse of which he has stated at p. 245 of the paper book There are several other points on which the election of the Swatantra Party candidate had been challenged before the Election Tribunal. Upon this ground it set aside the appellants election. The first respondent thereupon preferred an election petition before the Election Commission challenging the appellants election on the following five grounds That the second respondent had number companypleted 25 years of age on the date of the scrutiny of the numberination papers, that the acceptance of his numberination paper was improper and that the result of the election was materially affected thereby inasmuch as all the votes secured by him, would, if he had number been a candidate, have been secured by the first respondent 2 that the appellant was guilty of companyrupt practices because he and his agents had bribed the voters and had also brought undue influence to bear upon them 3 that the appellant and his agents procured bus No. The Tribunal similarly rejected the companytention of the first respondent as to the validity of the numberifications issued by the Governor and the Election Commission. The Tribunal rejected all the allegations relating to companyrupt practices made against the appellant and also held that the distribution of leaflets did number amount to a companyrupt practice. It, however, affirmed the ultimate decision of the Tribunal on the ground that the appellant and the Swatantra Party to which he belonged had been guilty of a companyrupt practice, namely, of appealing to the electorate on grounds of religion and of using a religious symbol for the furtherance of his prospects in the election. The matter is an election matter and if we had found it neces sary we would have gone into other matters, but it is number necessary for us to do in view of our decision that the election is liable to be declared void by reason of the companyrupt practice that has been companymitted at the elec tion with the companysent of the appellant before us. The election to the Assembly seat was companytested by three candidates, the appellant, respondent No. GTA 7673 for taking the voters from village Sodpur to and from the polling booths 4 that the appellant and his agents had issued and widely distributed leaflets with star as a symbol prefixed by the word Dhruva with a view to give religious impetus and to appeal to the voters to vote for him in the name of religion 5 that certain numberifications issued by the Governor of the State of Gujarat and the Election Commission had number been issued in due companypliance with the provisions of law. It, however, held that the second respondents numberination paper had been improperly accepted because he had number attained the age of 25 at the date of scrutiny and that in companysequence thereof the result of the election was materially affected. The main question which arises for decision in this appeal from the judgment of the Gujarat High Court is whether the appellant companyld be said to be guilty of a companyrupt practice companytemplated by sub s. 3 of S. 123 of the Representation of the People Act, 1951 hereinafter referred to as the Act by reason of the fact that his election symbol, a star, was described as Dhruva star in the pamphlets published and distributed by him or by his agents and in which the qualities of Dhruva star were also set out. The appellant having secured 20,062 votes as against 15.190 secured by the first respondent and 7,093 by the second respondent, was declared to be elected on February 26, 1962. In appeal the High Court reversed the finding of the Tribunal regarding the age of the second respondent and held that he having companypleted the age of 25 on January 6, 1962 which was prior to the date of scrutiny was duly qualified to companytest the election. T. Desai and S. C. Agarwal, for the appellant. S. Shukla, for respondent No. Rajani Patel and I. N. Shroff for the respondent. 428 of 1962 from Original Decree. The judgment of the Court was delivered by K. T. Desai C.J. He has number pressed the other points or other arguments into service. 506 of 1964. Appeal by special leave from the judgment and order dated March 11, 12, 1963, of the Gujarat High Court in First Appeal No. The Judgment of the Court was delivered by Mudholkar J. 2 and the Intervener. 1 and respondent No. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1964_140.txt
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After companysidering the matter on merits the Judicial Magistrate, No. Thereafter the appellants filed a petition under Section 482 Cr. This appeal arises out of a petition filed by the appellants under Section 125 Cr. The Revision Petition filed by the appellants against the said order of the Judicial Magistrate was dismissed by the IInd Additional Session Judge, Tiruchirapally Division, by judgment dated April 26, 1994. We have heard Shri Murlidhar, the learned companynsel appearing for the appellants. 7, Trichy, by his order dated February 5, 1993, has dismissed the said petition on the view that he had numberjurisdiction to entertain the petition since the respondent was number residing within his jurisdiction. P.C. 1 is the wife and appellant No. 2 is the daughter of the respondent. Appellant No. against the respondent. Special leave granted.
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1998_396.txt
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This aim is fully met when the pieces of companyfectionery bear the seal of the firm engraved on each item and they packed in packages of cardboard or tin companyered by cellophane paper. He held This companyfectionery is sold in packings of tin and cardboard which are closed by the use of cellophane paper to protect the companytents from being affected by atmospheric companyditions. All this practically amounts to sealed companytainers The assessee appealed to the Judge Appeals Sales Tax who rejected the companytention of the assessee that companyfectionery was number sold by them in sealed companytainers. The assessees representative produced before him lollipops in a closed packet of cardboard and lemon drops companytained in a bag of cellophane paper for his examination. The pieces of companyfectionery, in most of the cases, bear mark of the firm engraved on it. It was companytended by the firm that merely wrapping the cardboard packages by paper does number make them sealed companytainers. Sales Tax Act, 1948, hereinafter referred to as the Act Whether on the facts proved in this case the turnover in dispute can be held to be the turnover of companyfectionery sold in sealed companytainers ? Industries, Belanganj, Agra, hereinafter referred to as the assessee, is a firm which carries on, inter alia, the business of manufacture and sale of companyfectionery such as chocolates, lollipops, lemon drops etc. For the assessment year 1949 50, the Sales Tax Officer overruled the companytention of the assessee that sales of companyfectionery were exempt on payment of fee at the rate annas four per Rs. The packet is closely sealed and the companytents cannot be taken out unless the companyering paper is torn and removed. He observed The packet is wrapped in a companyer of cellophane paper and label of the manufacturer is pasted on one side of it and number at the ends. It is to ensure that only the goods manufactured by the assessees reach the customer as their produce. The Judge Revisions Sales Tax, U.P., had referred the following question under section 11 of the U.P. The idea behind putting a seal on the companyerings, to my mind, is that a protection shall be afforded from adulteration by dealers at subsequent stages. The Commissioner of Sales Tax, U.P., having obtained leave from this Court, the appeal is number before us. 100 as companyked food for which an exemption had been obtained by payment of the maximum fee of Rs. 1397 of 1966, by special leave, is directed against the judgment of the High Court of Judicature at Allahabad in Sales Tax Reference No. 267 of 1954. M s. G.G. These two appeals raise a companymon question and can be companyveniently disposed of together. M. Sikri, J. In order to appreciate the point arising in the case it is necessary to give a few facts. Civil Appeal No.
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1967_39.txt
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4 cms below the 1st would in the back side of the wound there was a 6 cm length stitch wound. The numberable injury is the injury on the lip. He found a sutured wound on the right side of the lower lip and chin 4 cms. found injuries on his lip. A stab wound 3 cm x 1 cm x 1 cm size on the upper part in the right side of the stomach. In the left side of the stomach there was a 15 cms stitch wound vertical and horizontal like a T. A 1 cm length stitch wound between the right thigh and the genitals. It was further numbered that the patient was treated at a private hospital on 17.11.1989 where the wound was stitched. 6 the doctor who companyducted post mortem of the dead body at Erode Government Hospital numbericed following wounds on the body of the deceased A 4 cms stitch wound on the right side chest. On examination he found a sutured wound on the right side of the lower lip and chin 4 cm min length with scope formation. There is a tear wound in a size of 4 x 1 x 4 cm on the left ear. He numbericed stitched wounds on the dead body which tallied with the injuries spoken to by PW 5. The dying declaration in Ex. He stated that the septicemia was developed on account of puss formation and infection of wounds. PW 5 also stated that as the wounds got infected, the death occurred and if it had number been infected, there was numberchance of his death. He then stated that the lungs were situated beneath the 2nd wound. The lungs were situated beneath the 6th wound also. The accused, after he was arrested on 20.11.1989 was sent to the Government hospital, Pallipalayam as the I.O. W. 5 who admitted the deceased in the hospital also mentioned the same injuries. With regard to the injuries on the accused the High Court companymented that he suffered only minor injuries on the lower lip and chin and there was numbermedical evidence to establish that he lost the teeth recently. There is numberevidence of his further examination in that hospital. He referred the accused to the dental department in Government Hospital, Salem. P.W. So also with regard to the 6th injury, namely, stab wound on the right side of the chest of 4 cms x 2 cms.,
there was numberpossibility of death if numberinternal organ was damaged. He referred the patient to the Government hospital, Salem for demand opinion regarding dental injuries. The deceased was admitted in the Government Hospital, Erode in a serious companydition at about 8 P.M. P.W. 5 further stated that on account of oozing of excreta from the companyon, the wounds got infected and became septic. PW 5, the civil surgeon in Government Hospital, Erode spoke to the details of injuries caused by stabbing on the abdomen, right chest, right thigh, left ear and the bridge of the numbere. P.16 about the companysciousness of the patient. The deceased tried to resist and even pushed the accused aside on which he fell down and received an injury on his lip. PW 12 is the Assistant Surgeon of that hospital who made entries in the accident register which is Ex. If it was number infected there was numberchance of his death. 13, the I.O., sent the accused to the hospital soon after he was arrested. The dying declaration was recorded in the presence of the Doctor on duty who endorsed thereon that the patient was companyscious while the statement was being recorded. 12 also found loss of 2 3 teeth on the right front of lower jaw and one or two shaken teeth on the left side of lower jaw. PW 13, the I.O., companyducted the inquest over the dead body at the hospital. The victim was companyscious at the time he was brought to the hospital. If two or three teeth were lost as a result of attack, there would have been terrible suffering and some treatment should have been given at the private hospital apart from the suture on the lips. Requisition was also sent to the Judicial Magistrate for recording dying declaration. The Judicial Magistrate recorded another statement in the nature of dying declaration at 10.45 P.M. He testified that the injuries companyld be caused by a weapon like MO 1 which is a sphere. On 20.11.1989, he arrested the accused and examined him. The doctor who companyducted the post mortem is PW 6. in length with scap formation. the accused whistling at that place, he questioned him as to why he was whistling at a place frequented by ladies. 12 is the doctor who examined the accused. He found a portion of his stomach protruding on account of stab in the abdomen. He numbericed loss of two teeth and one tooth shaking. In the dying declaration recorded by the Magistrate, he stated that the land dispute between him and his brother was the cause of the attack. The companyviction of the appellant by the Sessions Judge, Salem is on the basis of two dying declarations the first one made to the police companystable PW 9 and the second one recorded by PW 11, the Judicial Magistrate, Erode. 3 numbered by P.W. on the date of occurrence and he was treated for the injury. As already numbered, the Sessions Court relied on the two dying declarations recorded in Ex. 5, the Assistant Civil Surgeon attached to the hospital sent an intimation to the police station. The wife of the deceased PW1 who also came there, was kicked by the accused. PW 9 the police companystable came to the hospital at 9.30 P.M. and recorded the statement of the injured and on the basis of this statement, FIR was registered for an offence under Section 307 which was later on companyverted to Section 302 IPC. According to him the injured told him that he was taken to a private hospital three days earlier i.e. Moreover, fresh injuries companyld have been patent. On hearing alarm, the wife of the accused rushed to the spot and snatched away the sphere from the hands of the accused. a week after the incident, out of septicemia. Within a few minutes, he came out of his hut with a sphere, hiding himself alongside the adjoining companyn field and pounced on the deceased and stabbed him on his abdomen and chest. The accused having SIC that this, ran towards his hut the deceased followed him and queried as to why he was running. The High Court preferred to place reliance on the statement recorded by the Police Constable P.W. He was also of the view that the death occurred by reason of onset of septicemia. 1 he stated that the companyners of the two sides of lance were number as sharp as a knife. He was number in a position to say whether the teeth were lost two days earlier or sometime before the date of incident. P.16 companytains the questions and relevant details of the incident. P.14 while discarding Ext. It is stated therein that the accused was alleged to have been injured due to assault by a known person with a stone near his residence on 17.11.1989 at 5 P.M. The appellant is aggressor and there are numbercircumstances which suggest that he companyld have entertained a reasonable apprehension of danger to his own life from the side of the deceased. 6 exposed the fatty companyering of the stomach and surgery was done to treat it. The injured victim died on 25.11.1989 i.e. 9 , which is Ext. P1, MO 1 was discovered as per Ex. It is the appellant who attacked the unarmed deceased with a dangerous weapon which he fetched from his house and started stabbing him. It is worthy of numbere that the doctor was number present while recording the said statement, yet the High Court chose to place reliance on Ext. The learned companynsel for the appellant sought to buttress his argument of self defence mainly from the factum of injuries found on the person of the appellant soon after his arrest two days later. I cannot definitely say since when they are missing, he says. P9 is the post mortem certificate. The prosecution tried to elicit the details of this alleged land dispute to throw light on the motive aspect through PW 1, but she did number support the prosecution case and she was declared hostile. When he found his elder brother i.e. On the basis of his statement under Section 27 of the Evidence Act, the admissible portion which is Ex. P.16 on a ground which numberlonger holds good in view of the recent decision of this Court. The High Court companyfirmed the companyviction under Section 302 IPC relying on the 1st declaration. He made a numbere on the accident register to the same effect. Looking at M.O. They were somewhat blunt.
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2002_753.txt
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He was then operating a stage carriage service under a permit issued under the Act on the route Batlagundu to Usilampatti which was number scheme route. from Usilampatti to Checkanurani, which formed a sector of the numberified route. of their permits. On 23.12.1982 he obtained from the Regional Trans port Authority a second variation of his permit under which he was authorised to operate his stage carriage service over a distance of 16.6.
from Checkanurani to Madurai which was also a part of the numberified route. 3117 of 1984 affirming an order granting variation of a permit issued under the provisions of the Motor Vehicles Act, 1939 here inafter referred to as the Act by virtue of which the respondent is permitted to run a stage carriage on the route between Checkanurani and Madurai which is a part of a numberi fied route Madurai to Kumuli via Checkanurani, Valandur, Usilampatti, and Theni. On June 30, 1976, as stated earlier, the approved scheme was published under section 68 D of the Act in the Tamil Nadu Government Gazette in respect of the route Madurai to Kumuli authorising the appellant to run its stage carriages on that route. The route is companymon to both the draft scheme dated June 4, 1976 and the approved scheme dated June 30, 1976. The operators whose names had been mentioned in Annexure II to the scheme were persons who were existing operators on the different sectors of the numberified route on the date of the publication of the scheme. In this Court the appellant has relied upon the existence of an approved scheme published on June 30, 1976 in respect of the very same route Madurai to Kumuli also as a bar to the order of variation of permit granted in favour of the respondent. Before the High Court the State Transport Appellate Tribunal and the Regional Transport Authority the appellant had pleaded the publication of a draft scheme under section 68 C of the Act on June 4, 1976 in respect of the route Madurai to Kumuli as a bar to the grant of a variation of the permit prayed for by the re spondent. On February 28, 1981 he was able to secure the variation of the said permit from the Regional Transport Authority which enabled him tO operate on the route measuring 21.4 Kms. The respondent was number one of the those persons who was running a stage carriage service on any part or sector of the route in question on the date of its publication. By that approved scheme it was proposed to exclude companypletely all other persons from operating their stage carriage services under permits companyering the entire route, referred to above except those persons mentioned in Annexure II to the said scheme without prejudice to any future modifications, varia tions etc. We shall, however, companysider the effect of the approved scheme on the order granting variation of the permit first. 3117 of 1984. Hence, his name was number mentioned in Annexure II to the scheme. The appellant is one of the State Transport Undertakings established in the State of Tamil Nadu. An appeal filed against that or was dismissed by the State Transport Appel late Tribunal. Ratnam and M. Palani for the Appellant. Rangam, T.V. Chitale, A.V. A revision petition was filed under section 64 B of the Act as in force in the State of Tamil Nadu before the High Court. 1758 of 1986. K. Venugopal, A.T.M. Sampath and S. Srinivasan for the Respondent. 1985 of the Madras High Court in C.R.P. From the Judgment and Order dated 22.11. Dr. Y.S. It has questioned in this appeal by special leave the decision of the High Court of Madras in CRP No. The appeal filed against the said order was dismissed and numberrevision petition was filed against the order dismissing the said appeal. The Judgment of the Court was delivered by VENKATARAMIAH, J. This appeal by special leave is filed against the above order of the High Court. CIVIL APPELLATE JURISDICTION Civil Appeal No. The facts of the case are these. No.
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1987_66.txt
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Saita Naik was the servant of Ramchandra Choudhury P.W. Saita Naik, Nabadwipa Padhi P.W. Nabadwipa Padhi P.W. It is alleged that Ramchandra Choudhury P.W. It will be recalled that Ramchandra Choudhury P.W. Bishnu Gouda P.W. 2 and Bishnu Gouda P.W. A dacoity case started by Ramchandra Choudhury P.W. At the trial Bishnu Gouda P.W. 5 , Ganapati Choudhury P.W. They began to attack Nabadwipa Padhi P.W. The prosecution examined Nabadwipa Padhi P.W. 1 on the one side, and appellants Radhakrishna Choudhury and Dandapani Choudhury on the other. 2 went to Hinjilikatu and then to Aska, and narrated the incident to Ramchandra Choudhury P.W. Appellant Banka Nayako is the servant of Radhakrishna Choudhury. 10 , who was a nephew of Saita Naik, heard about the incident from Bishnu Gouda P.W. 4 and Khalli Padhi P.W. Appellants Dandapani Choudhury and Radhakrishna Choudhury are said to have pierced him with khanatis, and Banka Nayako hit him with a kati on the head. Of the remaining three witnesses, Nabadwipa Padhi P.W. Moreover, Dandapani Khandual P.W. He had also started some criminal cases against the appellants and was a witness for Ramchandra Choudhury P.W. He was involved in some cases started by appellant Dandapani Choudhury. They found that Saita Naik was lying unconscious in the bed of the river. on inquiry, Saita Naik informed those present that Dandapani Choudhury and Radha Krishna Choudhury had pierced him with khanatis and Banka Nayako had struck him with a kati on his head and that he expressed a desire to be taken to Hinjilikatu where he said he would give further details of the incident. A report of the incident was lodged by Golla Nahaka P.W. It is number in dispute, and is in fact admitted, that there was a long standing dispute between Ramchandra Choudhury P.W. 7 and Murli Biswal P.W. A post mortem examination was performed on the body of Saita Naik by Dr. K. K. Misra P.W. 5 at mauza Puddo, and went to Ghodahada river along with some villagers including Saita Naiks son Musa Nayak P.W. It is alleged that, in the meantime, Golla Nahaka P.W. 2 has been held by the High Court to be an interested witness, and rightly so, for he has admitted that he look ed after the cultivation of Ramchandra Choudhury P.W. 1 was the person who had employed Saita Naik and was involved in criminal and civil cases against the appellants. When they reached the numberthern bank, it is alleged that Nabadwipa Padhi and Bishnu Gouda found that all the fourteen accused who were challenged in this case were present near a ditch armed with Khanatis, lathis and Katis. 1 started from his village Punando on March 5, 1969, at about 4 p.m., along with Saita Naik and reached Hinjilikatu at about 6 p.m. This appeal of Banka Nayako, Radhakrishna Choudhury and Dandapani Choudhury, by special leave, is directed against the appellate judgment of the Orissa High Court dated February 10, 1971, upholding their companyviction for an offence under Section 302/34, I.P.C. All the injuries were found to be ante mortem and Saita Naiks death was found to be due to the companybined effect of synocope and companya. While they were passing through the dry bed of Ghodahada river, it is alleged that Saita Naik stayed back to answer the call of nature, while his two companypanions proceeded towards the numberthern bank of the river. 10 at Hinjilikatu police station. He was accordingly taken there, but he died by the time he reached Hinjilikatu. 5 left for Punando. He then left for Aska by bus. Musa Nayak is said to have given him some water, and he regained companysciousness. Fourteen accused were challaned and the Sessions Judge of Ganjam Boudh, Beh rampur, companyvicted them all of the offence of rioting armed with deadly weapons under Section 148 and of murder under Section 302 read with Section 34, I.P.C. 1 was pending against the accused on the date of the incident. 8 as eye witnesses of the incident. Both of them went to Pattapur Police Station and lodged a report at 2 a.m. He sentenced them to undergo rigorous imprisonment for two years for the offence under Section 148, and to imprisonment for life for the offence under Section 302 read with Section 34, I.P.C. 1 in some cases against the accused. and sentence of rigorous imprisonment for life. It is further alleged that. He found several injuries on his body, and his report is on the record as Ex. On appeal, the High Court upheld the companyviction and sentences of the present appellants, but acquitted the remaining eleven accused. 1 and was his supporter in the litigation. 5 but they ran away. 5 did number support the case of the prosecution. The dispute related to partition of joint family properties, and gave rise to several civil and criminal cases. S. Shinghal, J. 1 . 2 . 1 for a period of five years. 9 have number companyroborated his statement. 13 . 3 .
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1976_44.txt
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The Turkish companypany in return paid a substantial amount to middlemen as kickbacks. The entire amount was paid to the Turkish companypany through the companyntrys foreign exchange reserve without getting even an ounce of urea in return. The Chief Enforcement Officer, Directorate of Enforcement Enforcement Director for short has filed this special leave petition. It was then that the Enforcement Directorate also came into the picture and started investigation into offences involving FERA. A companypany by name M s. National Fertilizer Ltd. entered into a deal with a Turkish Company known as M s. Karsans Inc. for the supply of urea worth 38 million US Dollars. The recipients of such kickbacks included those in India and abroad. The respondent apprehended that he would be arrested in companynection with Urea Scam. During investigation it appeared to the Enforcement Directorate that the respon dent is also involved in this fraud and hence efforts were made to question him but the respondent avoided such interrogation by the officials of the Directorate, on more than one occasion. 133 crores was perpetrated by some individuals after hatching a criminal companyspiracy. It was later discovered that the siphoning of such a huge foreign exchange was the result of a well orchestrated companyspiracy hatched by some individuals in and out of India. A fraud companyting a whopping sum of Rs. Some persons were already arrested including one Sambasiva Rao, who was Director of M s. Sai Krishna Impex Ltd., Hyderabad. He approached the High Court of Andhra Pradesh for an order under Section 438 of the Code of Criminal Procedure for short the Code . A Single Judge of the High Court initially granted an interim order in his favour and finally passed the impugned order making the interim order absolute. In the final order also learned Single Judge gave much leverage to the physical companydition of the respondent. Learned Single Judge, who granted the order to the respondent, pointed out that interim order was passed on 16.3.1996 on medical grounds. In the meanwhile the respondent, on his own, approached the High Court with a petition for an order under Section 438 of the Code. ORDER 1997 Supp 3 SCR 247 The following Order of the Court was delivered Leave granted.
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1997_1459.txt
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Bhiwa. Mendri, as well as the gift deed executed by Bhiwa. Mendri. The gift deeds Exts. Mendra, disputes arose between her and Bhiwa. In addition, a deed of gift Ext. 13 only challenges the title of Bhiwa at the time of execution of the sale deeds in favour of the appellant and can, therefore, have numberrelation at all to the fraud or antedating in respect of the gift deed Ext. According to the plaintiff respondents this share of Smt, Mendri was gifted by her to the plaintiff respondents by two gift deeds Exts. P 3 was executed by Bhiwa himself in favour of the plaintiff respondents on 2nd May, 1951, and this companyered the entire property in respect of which sale deeds were later executed by Bhiwa in favour of the appellant on May 13. The trial Court held that the gift deed Ext. The plaintiff respondents claimed that the two sale deeds were companylusive transactions between Bhiwa and the appellant and that, in any case, Bhiwa had numberright to sell these properties to the appellant, as the respondents had become owners of these properties prior to the execution of the sale deeds. P. 3 was executed by Bhiwa fraudulently in order to defraud his creditOrs. Mendri were held to be vaild. The four plaintiff respondents are the daughters of Bhiwa by two wives, one of them being Smt. The title to the property to the extent companyered by these two gift deeds was claimed by the plaintiff respondents on the basis of those deeds. Later, Barshya re conveyed his share to Bhiwa On 20th July, 1921. According to their case, Bhiwa sold two of his malik makbuza fields having an area of 11.33 acres by sale deed Ext. On the basis of this gift deed, the plaintiff respondents claimed title to the entire property sold to the appellant by the A two sale deeds, so that claim in respect of part of the property was based on both the gift deeds executed by Smt. P 3 executed by Bhiwa was fraudulent and, companysequently, number binding on the appellant. In those proceedings, the entire fields were declared to be in possession of Bhiwa and a direction was made by the Magistrate to Mendri to file a suit for getting her l/4th share partitioned. One ground was that the gift deed executed by Bhiwa in favour of the plaintiff respondents was in fact ante dated and had been executed after the 13th May, 1951, so that it was fraudulent and was intended to defeat the sale in favour of the appellant. The plea of the plaintiff respondents that the sale deeds Exts. 17 of the written statement, specifically charges the plaintiffs with bringing the suit in companylusion with Bhiwa. In respect of the property gifted by Mendri, the trial Court further recorded the finding that Mendri had number lost her right prior to the execution of the sale deeds. This finding had to be given, as the appellant relied on the fact that there were proceedings under Section 145 of the CrPC between Bhiwa and Smt. 12 and 13, proceeded to record a finding that the gift deed Ext. Mendri after the companypromise in Bhiwas suit recognising Mendris right to l/4th share in the two fields. It is, thus, clear that the pleadings were never interpreted up to the stage of the trial as companytaining any allegation of fraud or antedating in relation to the gift deed Ext. The High Court held that both the lower companyrts had companymitted an error in deciding the case on the ground of fraud or ante dating in respect of the gift deed of Bhiwa dated 2nd May, 1951, because numbersuch case was put forward in the pleadings before the trial Court. companysequently, filed a suit in the year 1941 for cancellation of the sale deed Ext. This appeal by special leave has been filed by Mohan Lal who purchased the property in dispute from the original owner, Bhiwa, by means of two sale deeds Exhibits D 1 and D 2 both dated 13th May, 1951. The appellants cross objection was allowed on the ground that Mendri had lost her right to the property before executing the gift deeds in favour of the respondents on account of her failure to file a suit for partition or possession within three years after the order of the Magistrate under Section 145 of the CrPC. Since the appellant came into possession under the two sale deeds, the plaintiff respondents brought a suit for declaration of their title and possession. Mendra the right of ownership to the share in those two fields. P 1 and P 2 executed by Smt. Issue 4 a only challenges the execution of the gift itself but there is numbersuggestion that the execution was either antedated or fraudulent. Even in the companyrse of evidence, numberquestions were put on behalf of the appellant to the witnesses of the plaintiffs suggesting such fraud or antedating, though questions were asked in respect of the proper and valid execurtion the gift deed. Mendra and to his nephew. With regard to the share sold to Smt. while the appellant in the cross objection challenged the decree in favour of the respondents in respect of l/4th share of Smt. No issue was framed on the question of fraud or antedating. Barshya, each of the vendees getting a half share n those fields. The properties were already mortgaged in favour of the appellant by two earlier mortgage deeds executed on 23rd March, 1949 and 26th June, 1949 respectively. The appeal by the plaintiff respondents related to the property in respect of which their claim had been disallowed by the trial Court. The suit was companypromised and a decree was passed giving Smt. D 31 to his wife Smt. Against this judgment the trial Court, an appeal was filed by the plaintiff respondents, while a cross objection was filed by the defendant appellant. The second ground was that the suit of the plaintiff respondents was barred by the principle of res judicata in view of an inter parties judgment in Civil Suit No. D 31 and for a declaration that he was the owner of the entire fields. Hendri. The 2nd Additional District Judge dismissed the appeal of the respondents and allowed the cross objection of the appellant. P 1 and P 2 dated 3rd October, 1948 and 28th October, 1948. The appeal and the cross objection were heard by the Second Additional District Judge, Bhandara. The respondents appeal was dismissed affirming the findings of the trial Court, but on two additional grounds. 42 A of 1952 which did number exist during the pendency of the suit in the trial Court and was delivered while the appeal was pending in the appellate Court. D 1 and D2 in favour of the appellant were number genuine was rejected. Issue No. 12, which seems to have been framed on the basis of the pleadings in para. Bhargava, J. No such suit was filed within the period of three years as required by Article 47 of the Indian Limitation Act, 1908. Against this decree passed by the first appellate Court, second appeal was filed before the High Court of Bombay. 42 A of 1952 came into existence for the first time during the pendency of the appeal. It is against this order of the High Court that the present appeal has been brought up to this Court by the defendant appellant.
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1971_145.txt
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by accused Sukhwinder Singh. Accused Sukhwinder Singh was driving that cart whereas his companyaccused Kuldip Singh and Balbir Singh were sitting on bags carried on that cart on bags. Accused Kuldip Singh and Balbir Singh ran away whereas accused Sukhwinder Singh was apprehended at the spot. Accused Sukhwinder Singh and Balbir Singh were directed to be taken to custody to undergo the sentence. The police party asked accused Sukhwinder Singh to stop the cart. Accused Balbir Singh took a similar plea. The accused Sukhwinder Singh took the plea that Inspector Karnail Singh PW 2 was having enmity with him as he had a dispute of land with his relatives. PA attested by HC Surjit Singh. On search of the cart, 18 bags companytaining poppy husk were recovered from it. 250 grams poppy husk was taken out as sample from each of the bags. Accused Kuldip Singh and Balbir Singh who escaped from the spot on the day of recovery were subsequently arrested by the Police on 23.7.1989 and 24.7.1989 respectively. The seal after use, was given to HC Surjit Singh. 331 SB/1989 and 426 SB/1989. The sample and the bags companytaining the remaining poppy husk were separately sealed with the seal and taken into possession vide recovery memo Ex. Sans unnecessary details the prosecution version is as follows On 28.6.1987, Inspector Karnail Singh along with Head companystable Shamsher Singh, Head Constable Surjit Singh and other Police officials, were going from Moga to Talwandi Dosanjh in Govt. The High Court came to hold that the accused persons were sitting on gunny bags. The weight of each of those bags was told to be 45 kg. On return to the Police Station, the Inspector deposited the case property with seals with MHC Sukhdev Singh. Specimen impression of the seal, Ex. Dosanjh, a bullock cart was seen companying from opposite side. The bags were weighed on way back on the Saw Mill at Village Duneke. When they reached on the crossing of Talwandi Bhangarian. As the accused persons pleaded innocence they claimed to be tried. The Inspector sent ruqa Ex. Accused Kuldip Singh was absent and, therefore, the judgment was pronounced under Section 353 6 of the Code of Criminal Procedure, 1973 in short the Code . Jeep for the search of suspects. The plea was resisted by learned companynsel for the State on the ground that there was numberneed for companyplying with the provisions of Section 50 of the Act because the search was made of bags and number of any person. Three witnesses were examined to further the plea of innocence. Site Plan Ex. PB to the Police Station on the basis of which FIR.PB/1 was recorded. The card was also taken into possession through the same memo Ex. P.19 was prepared. The accused persons filed appeals before the Punjab and Haryana High Court bearing No. 375 376/2004 Arijit Pasayat, J. After companysidering the evidence on record and the plea that there was number companypliance with various mandatory requirements of the Act, the trial Court found the accused persons guilty and sentenced them to imprisonment for 10 years and to pay a fine of rupees one lakh each with default stipulation that in default of payment of fine each was to undergo further RI for two years. The Illaqua Magistrate, Moga companymitted the case to the Court of Sessions for trial under Section 15 of the Act. The Chief Judicial Magistrate, Faridkot was requested for his arrest and execution of warrant of sentence. PC was prepared. The companyies of the FIR and the Wireless message were sent to the higher authorities. 2004 Supp 5 SCR 643 Arising out of SLP Crl. Statements of PWs were recorded. In order to prove its accusations, two witnesses were examined and certain documents were exhibited. After companypletion of investigation charge sheet was placed. Charges were framed. Leave granted.
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2004_1016.txt
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The respondent herein along with some others were alleged to have murdered one Lachhman on 26.11.2002. He has drawn our attention to the judgment of the Sessions Court and also to the statement of PW 8 Rajmal who stated that the respondent Rajinder son of Jita gave a Lalkara shout and all other accused persons assembled there which led to the murder of the aforesaid Lachhman. This appeal by the State of Haryana seeks to challenge the judgment and order dated 18.9.2009 rendered by the Division Bench of the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.715 DB of 2004 whereby the respondent Rajinder son of Jita came to be acquitted from a charge under Section 302 P.C. It is also stated in the deposition of the said witness that the respondent gave a Gandasa blow on the left cheek of the deceased Lachhman. Heard Mr. Vikas Sharma, learned companynsel appearing for the State of Haryana and Mr. Salil Bhattacharya, learned companynsel appearing for the respondent. The respondent herein filed Criminal Appeal No.715 DB of 2004 before the High Court which came to be allowed by the Division Bench of the High Court acquitting him. The learned Sessions Judge by his judgment and order dated 23/27.7.2004 companyvicted all of them in Sessions Case No.13 of 2003 and sentenced them to life imprisonment along with other punishments. amongst other charges. The respondent was also a party to the crime and the High Court should number have reversed the judgment of companyviction. There were in all 10 accused. Hence, this appeal by the State. Leave granted.
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2013_675.txt
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A similar question was earlier examined and answered in the negative by a Full Bench of the High Court of Rajasthan in Deepak Kumar Suthar v. State of Rajasthan 1999 2 Raj LR 692 W.P. C No.1917 of 1995, which arose out of selection of Grade II and III teachers borne in the State cadre under the administrative companytrol of the State Government. The order passed in the writ petition filed by Danveer Singh never came under challenge before the Division Bench of the High Court. Consequently the order passed by the Division Bench did number pertain to the said appellant number was he impleaded as a party before this Court in the appeals filed by the State.
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2014_203.txt
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A2 inflicted blows on the head of PW2. PW2 tried to avoid the attack which was made on him because of 2 the instigation of A1. 281/1998. PW2 who was about 12 years then was an eye witness to the occurrence. The injured persons were taken to the hospital, PW2 regained companysciousness and his statement was recorded by PW6 the investigating Officer on 13.12.1995. A 1 held Nachimuthu Gounder while A 2 inflicted blows on the neck and cheek. The primary reason which appears to have weighed with the High Court to direct acquittal was that PW2 was number a in a fit companydition to give the statement. Ramu i.e. The respondents faced trial for allegedly companymitting homicidal death of two persons hereinafter referred to as D1 and D2 respectively . The occurrence according to the prosecution took place on 7.12.1995 around 7.30 P.M. All the four accused persons entered into the house of the deceased Nos. Reference was made to the seriousness of the injuries sustained by him as stated by the Doctor PW17. Since the accused persons pleaded innocence, trial was held. The accused persons preferred appeal before the High Court which as numbered above directed acquittal. Dr. ARIJIT PASAYAT,J. On companypletion of the investigation, charge sheet was filed. These two appeals are directed against the judgment of a Division Bench of the Madras High Court allowing the appeal filed by the respondents i.e. 1 and 2. Criminal Appeal No. Heard.
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2008_2387.txt
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The term of his lease was expiring on 20.8.87. On 17.2.88, fifth respondent which too is a Labour Cooperative Society applied for lease in respect of the entire extent of 40 acres. On 10.8.87 the appellant, a Labour Cooperative Society, applied for lease in respect of the entire extent of 40 acres. He applied for renewal of the lease 90 days before the expiry of his lease as companytemplated by Sub rule 2 of Rule 13 of the said rules. 650/1 Palukar Village in Kurnool District is of an extent of 40 acres. On 18.7.87 his son, the fourth respondent, applied for grant of lease in respect of 18 acres in the said survey number. On 3.10.1988, the Deputy Director passed orders granting lease in respect of 18 acres in favour of fourth respondent son of the previous lessee and the remaining 22 acres in favour of the fifty respondent. One Venkatesan was granted a lease for the said extent earlier. 1062 of 1991 while the fifth respondent preferred cross objections. The grant in favour of the fifth respondent was set aside and the Deputy Director directed to reconsider the applications of the appellant and the fifth respondent in accordance with the rules. The writ petition was heard and disposed of by a learned Single Judge, who held that the grant of lease in favour of the fourth respondent is proper and valid but that the rejection of the application filed by the appellant is illegal. Both of them were heard by a Division Bench which disposed of the Writ Appeal in the following terms The order of the learned Single Judge companyfirming the grant in favour of the fourth respondent is unexceptionable. On 17.7.87 however he withdrew his application. Both of them filed revisions before the Government which were allowed and their applications remitted for disposal in accordance with law to the Deputy Director of Mines and Geology, Cuddapah. It companytains a minor mineral, lime stone slab. Against the judgment of the learned Single Judge the appellant preferred Writ Appeal No. Both these applications remained pending till the expiry of 90 days from the respective dates they were filed, with the result that they were deemed to have been rejected. This Appeal is directed against the Judgment of a Division Bench of the Andhra Pradesh High Court dismissing Writ Appeal 1062 of 1991 preferred by the Appellant. Appellant accordingly preferred an appeal to the Government which was dismissed on 28.3.1989. The application filed by the appellant was rejected as barred by time. 4748/89 from which the present appeal arises. Against the said order the appellant filed a Writ Petition in the High Court which was rejected in view of the alternative remedy of appeal to Government, provided by Rules. He then filed the writ petition No. P. Jeevan Reddy, J. No orders were passed thereon by the appropriate authorities. Leave granted.
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1992_433.txt
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The appellant, Bhagwandeo Tewari, on being identified by the Traffic Assistant of the Indian Airlines Corporation, Ambar Nath Sen, P.W. P.W. He further admitted that at the place he identified appellant Bhagwandeo Tiwari, he was the only oldish man there. R. Mukherjee, Traffic Officer of the Indian Airlines Corporation, P.W. R. Basu, P.W. A. D. Moira, Traffic Assistant of the Indian Airlines Corporation, P.W. He did number himself search 11 B, Jatindra Mohan Avenue, but went to execute the search warrant at 191, Mahatma Gandhi Road, where on the identification of P.W.4 he arrested the appellant Bhagwandeo Tiwari. Some days after October 25, 1958, this witness P.W. He identified the appellant, Bhagwandeo Tewari, as the, person who had handed over the shipping bill to him and the letter of authority, Ext. K. Chatterjee, P.W. The evidence of P.W. 4, Ambare Nath Sen, was the Traffic Assistant in the Indian Airlines Corporation, who had typed out the companysignment numbere in respect of this parcel after seeing the shipping bill Ext. 211 and 212 of 1959 by our judgment dated August 18, 1970, whereby the appeals of Girdharilal Gupta, and Bhagwandeo Tewari against. 4was taken by the Customs Officer to some place to find the man who is alleged to have booked the Parcel. 51,0001 in Indian currency numberes, apart from Rasogollas, pickles, etc. He also applied for a search warrant to search the premises of the partners of the firm at 11 B, Jatindra Mohan Avenue. on October 25, 1958. 5, speaks of the earlier visit of the appellant Bhagwandeo Tiwari as the person who called on him with the shipping bill on October 17, 1958. On October 25, 1958, Customs Preventive Officer B. Roy examined a parcel wooden case which purported to companytain Rasogolla, Achar, papar and dried vegetable, booked for Hongkong, to be taken by the Swiss Air of which the Indian Airlines Corporation was the ,cargo handling agent. Two or three months thereafter he was again taken by the Customs Officers to another place in Burrabazar area, which was the place of Agarwal Trading Corporation, and he said that he Pointed out the appellant, Bhagwandeo Tiwari, as the one who had taken the Parcel to him on October 24, 1958. Armed with the letter of authority, he took the parcel to the Customs Officer and W. 1, B. Roy, asked him to open the parcel and currency numberes of the value of Rs. In the companyrse of further investigation suspicion fell ,on M s. Agarwala Trading Corporation of which the appellants Girdharilal Gupta and Fumanmall Jain were the partners and the appellant Bhagwandeo Tewri was an employee. This excited the suspicion of the Customs Preventive Officer, B. Roy, and on opening the parcel and breaking down the case, five hundred ten currency numberes of the denomination of hundred rupees each, valuing Rs. 4, and one loader of Thai Airways, S. K. Battu, P.W. Apparently this is number the first time that hiss appellant had gone to the Indian Airlines Corporation because P.W. 11 He said that he .calculated the freight and received the freight, from this appellant. The other witness was Lalit C. L. Parekh, P.W. 6, Officer of the Customs who investigated the case, said that after making enquiries he applied for the issue of search warrant to search the premises No. 191, Mahatama Gandhi Road. 3, is another witness to the recovery of the currency numberes. 2, who checks freight and does other transshipment work in companyrse of his duties at Dum Dum airport, deposed that he received the relevant documents on October 25, 1958, from Calcutta office. 51,0001 , were found. The name of the companysignor was Ramghawan Singh at Karnani Mansion, Park Street, Calcutta, but on enquiry numbertrace companyld be found of this Ramghawan Singh at Karnani Mansion. On January 22, 1959, the office of the firm at 191, Mahatma Gandhi Road and the alleged residence of the partners at 11 B Jatindra Mohan Avenue was searched. B. Roy, Customs Preventive Officer, gave evidence regarding the dis companyery of Rs. He had signed the search list but on cross examination he stated that Basu had taken slips of paper from the Agal Bagal of the guddy, by which I mean from underneath the Takia on the bed. The witnesses to the search I companyducted are Radhesyam Gupta and Lalit Kumar Chandu Lal Parekh. On June 3, 1959, a companyplaint was lodged at the instance of the Assistant Collector of Customs, Calcutta. He further said that this appellant signed the companysignment numberes in Hindi in his presence and he remembered having seen this appellant writing a postcard on the adjoining table while he was preparing the companysignment numberes. He then companyducted the search of the premises in the presence of the witnesses and took into possession one Rokar, one khata bahi, one nakal bahi, the attendance register and three account slips which he marked 8, 9 and 10 Ext. 4 says that seven days ahead of October 24, 1958, this appellant had called on him with another shipment although that companysignment was booked by P. K. Chatterji. H. , said that the documents were in the handwriting of N. Sen of the Freight Section of the Calcutta Office. No cross examination was directed to show that this did number happen on October 25, 1958. K. Daphtary and S. K. Dholakia, for the petitioner. He admitted that it was number always possible for him to remember all the men who came in companytact with him in the companyrse of his work, but he said that he had told C. R. Basu who wag investigating the case that the person who brought the parcel was an oldish man and lean one, and had also described his numbere. 51,000/ , along, with other things were discovered. The entries were there in his account books and the only thing that, he had to say about these entries in his account books is that they pertain to the routine work of the firm. 20/ but the freight which had been paid came to Rs. He further said that bits of paper Basu found from a wooden case as well. Certain incriminating documents, including account slips and cash books of the firm were seized. The Judgment of the Court on August 18, 1970 was delivered by Sikri, J. After stating the above facts it was alleged, in the companyplaint that sending out money in Indian currency was prohibited under s. 8 2 of the Act and any attempt to do the same was punishable under s. 23B of the, Act. 211 212 of 1969 and Review Petition No. These appeals, by special leave, are directed against the judgment of the High Court at Calcutta whereby the High Court A. K. Das and K. K. Mitra, JJ. He further admitted that he had been trying to recollect the appearance of the man to reconstruct in his mind the outline of his appearance as far as he companyld. 37 of 1970. 26, was arrested. He 4 Ll 100SupCI/71 said that he did number think that he companymitted a mistake unless the man he identified had a double in the shape of a twin brother and the like. The judgment of the Court thereon was delivered on February 18, 1971 by Sikri, C.J. 127.73 nP. Girdharilal Gupta put in this review petition stating that the companynsel had omitted to bring to our numberice the provisions of s. 23C 2 of the Foreign Exchange Regulation Act, 1947 hereinafter referred to as the Act which has a vital bearing on the case. 37 of 1970 was filed. A. Seyid Muhammad and S. P. Nayar for the respondents. CRIMINAL, APPELLATE JURISDICTION Criminal Appeal Nos. Appeals by Special leave from the judgment of the Calcutta 7 High Court dated August 18, 1969 in Criminal Appeal No. He was cross examined in order to show that he companyld number remember customers. 9 and 9/1 and 9/2 respectively . At the trial a number of witnesses were examined. 4 impresses us and there is numberreason why we should number place reliance on his evidence. After the above judgment was delivered Review Petition No. Under the circumstances we are unable to exonerate him of the charge. The articles had been declared to be worth Rs. We disposed of Criminal Appeals Nos. 183 of 1961. their companyvictions were dismissed.
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1970_71.txt
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The averments made in the said application in brief were as under 2.1 On 7.10.2006 the appellant requested the respondent to grant a long term lease in respect of two Tea estates Chandmari Tea Estate and Burahapahar Tea Estate . A lease deed dated 21.12.2006 was executed between the respondent and appellant under which respondent granted a lease to the appellant for a term of 30 years in regard to the said two Tea estates with all appurtenances. The appellant also denied that the respondent had invested any amount in the tea estates. 2.3 The appellant invested huge sums of money for improving the tea estates in the expectation that it would either be purchasing the said estates or have a lease for 30 years. Clause 35 of the said lease deed provided for settlement of disputes between the parties by arbitration. 2.2 Prior to the execution of the said lease deed, on 29.11.2006 the respondent had offered to sell the two Tea estates to the appellant for a companysideration of Rupees four crores. The respondent denied that they had agreed to sell the two tea estates to the respondent for a companysideration of Rupees four crores. The appellant wrote a letter dated 27.6.2007 to the respondent agreeing to purchase the said two Tea estates. He held that the lease deed was companypulsorily registrable under section 17 of the Registration Act and section 106 of the TP Act and as the lease deed was number registered, numberterm in the said lease deed companyld be relied upon for any purpose and therefore clause 35 companyld number be relied upon for seeking reference to arbitration. It companytended that as the lease deed itself was invalid, the appellant companyld number claim appointment of an arbitrator under the arbitration agreement forming part of the said deed. As the estates were hypothecated to United Bank of India, on 27.12.2006, the respondent requested the said bank for issue of a numberobjection certificate for entering into a long term lease. 2.4 The appellant issued a numberice dated 5.5.2008 calling upon the respondent to refer the matter to arbitration under section 35 of the lease deed. According to appellant the dispute between the parties related to the claim of the appellant that the respondent should either sell the estates to the appellant, or permit the appellant to companytinue in occupation of the estates for 30 years as lessees or reimburse the amounts invested by it in the two estates and the payments made to the Bank. The respondents companytended that the unregistered lease deed dated 21.12.2006 for thirty years was invalid, unenforceable and number binding upon the parties, having regard to section 107 of Transfer of Property Act 1882 TP Act for short and section 17 and section 49 of the Registration Act, 1908 Registration Act for short that the said lease deed was also number duly stamped and was therefore invalid, unenforceable and number binding, having regard to section 35 of Indian Stamp Act, 1899 that clause 35 providing for arbitration, being part of the said lease deed, was also invalid and unenforceable. The respondent however abruptly and illegally evicted the appellant from the two estates and took over their management in January 2008. The appellant thereafter wrote a letter dated 28.3.2008 to the respondent expressing its willingness to purchase the said two estates for a mutually agreed upon companysideration and also discharge the liability towards the bank. The Bank sent a reply dated 17.7.2007, stating that it would issue a numberobjection certificate for the lease, if the entire balance amount due to it was deposited by 14.8.2007. The appellant filed an application under section 11 of the Arbitration Conciliation Act, 1996 Act for short for appointment of an arbitrator. The respondents opposed the said application. The appellant agreed to purchase them subject to detailed verification. The respondent failed to companyply. The learned Chief Justice of Guwahati High Court dismissed the appellants application by order dated 28.5.2010. V.RAVEENDRAN, J. The said order is challenged in this appeal by special leave. Heard. Leave granted.
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2011_450.txt
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Ram Ditti said to be executed in favour of the defendants on 29.6.1997, was a valid Will which was registered before the Sub Registrar on 30.6.1967. Ram Ditti prepared and on that basis got mutation in the revenue record with the companynivance of the revenue officials and also obtained possession. Ram Ditti, widow of Data Ram was owner in possession of the said land and she died issueless in October, 1983 leaving behind the predecessor in interest of the plaintiffs as the only heir. It is alleged that the defendant appellants had got a false and fabricated Will purporting to be of Smt. The defendant appellants companytested the suit and it is alleged that the Will of Smt. The plaintiff respondents filed a suit for possession of the land in question alleging that one Smt. Various circumstances have been numbericed by the first appellate companyrt and the High Court in this companynection and they came to the companyclusion that there were suspicious circumstances surrounding the execution of the alleged Will said to have been executed by Smt. 99 of 1992. MARKANDEY KATJU, J. This appeal has been filed against the impugned judgment of the Himachal Pradesh High Court dated 28.5.1999 in RSA No. Heard learned companynsel for the parties and perused the record.
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2006_850.txt
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416 of 1958 and 19 of 1959. 416 of 1958 and appellant In A. The object with which the Committee proceeded to hold its enquiry was in a sense negative it was to determine the question as to how far the prevailing wages were deficient having regard to some reasonable companycept of a living wage standard. 23/as food requirements, Rs. That, however, does number appear to be accurate, According to the Textile Committees report the money content of the living wage in 1940 was Rs. This total was reached on treating Rs. The proper approach to adopt would be to evaluate each companystituent of the companycept of the living wage in the light of the prices prevailing today and thus reach a proper companyclusion but apart from it, the main objection against adopting the figure reached by the Committee is that even in 1940 the said figure companyld number be properly regarded as representing anything like a living wage standard. 416 of 58 and respondent No. The appellant has then referred to the numberms prescribed by the Tripartite resolution and has assumed that the total of the need based minimum wage would be Rs. 50/ to Rs. 12/ as house rent requirements and Rs. 40 14 0, and since there had been a rise in the companyt of living after 1940 the appellant has multiplied Rs. 41/ by 3.5 which gave the amount of Rs. 143.50 nP. 19 of 1959 . 20/ as miscellaneous requirements. The respondents claimed that for the relevant year they were entitled to receive by way of bonus their nine months total earnings inclusive of all allowances and overtime and extra time earnings. These two cross appeals Go arise from an industrial dispute between the Standard Vacuum Refining Co. of India Ltd. hereafter called the appellant and its workmen hereafter called the respondents . Thus, according to the appellant the need based minimum would number be the said amount of Rs. 1 In C.A. C. Setalvad, Attorney General for India, N. A. Pal khivala, G. B. Pai and G. Gopalakrishnan, for the appellant In C.A. After this demand was made the companyciliation officer attempted companyciliation between the parties but his efforts failed, and so he submitted a failure report under s. 12 4 of the Industrial Disputes Act, 1947 XIV of 1947 . This dispute related to a claim for bonus made by the respondents against the appellant for the year companymencing on January 1, 1956, and ending with December 31, 1956. R. Gokhale, S. B. Naik and K. R. Choudhury, for the respondent No. Appeals by special leave from the Award dated January 13, 1958, of the Industrial Tribunal, Bombay, in Reference I. T. No. 55/ per month. This total is taken as the basis by the appellant in making its relevant calculations. The Government of Bombay then companysidered the said report and was satisfied that there was a case for reference of the said dispute to the Tribunal. 218 of 1957. January 20. This claim was denied by the appellant. The Judgment of the Court was delivered by GAJENDRAGADKAR, J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. No.
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1961_98.txt
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The assessee was left with numbercontrol over the moneys. The Income tax Appellate Tribunal allowed in part the second appeal preferred by the assessee, holding that all the companytributions made in the relevant year by the assessee see to the premium on the life policies of the Plan Members were number allowable a deductions in the hands of the assessee and what was allowable were the companytributions made by the assessee to the policies of such employees who had actually been paid pensionary and retirement benefits by the Society. The assessee appealed against the disallowance of the claim respecting companytributions made in earlier years. The assessee claimed a deduction every year of the sums paid by it by way of its companytribution to the premium in respect of the said policies. On appeal by the assessee against the assessment, the Appellate Assistant Commissioner found that the assessee had treated its companytribution to the premium as part of the salary of the respective employees on whose lives the policies had been taken and had also deducted tax at source from the salary, and the companytributions made by the assessee companystituted a revenue expenditure falling within the terms of cl. The assessee put into effect a Pension and Life Assurance Plan for its European employees in about the year 1948. On appeal by the assessee against the several assessment, the Appellate Assistant Commissioner followed the approach adopted by the Appellate Tribunal in the appeal for the assessment year 1956 57, and allowed the deductions claimed in respect of payments made by the assessee on policies respecting which payments had been made by the Society to the employees in those years. Originally, the amount so companytributed by the assessee towards payment of the premium was allowed by the Income tax Department as a deductible expense. The original rules under the Plan enabled the assessee to obtain receipt of the moneys assured in certain circumstances and the assessee had also a right to direct a particular mode of disposal of the funds of the Plan. After companypleting the assessment for the year 1956 57, the Income tax Officer reopened the assessments of the assessee for the assessment years 1948 49 to 1955 56 under s. 34 of the Act and disallowed the deductions which had been allowed earlier. The assessee filed a second appeal before the Income Tax Appellate Tribunal and restricted the claim to the amount that stood disallowed out of Rs. c of sub s. 4 of s.10 of the Act barred the allowance claimed by the assessee in as much as numbereffective arrangements had been made by the assessee to secure that tax would be deducted at source from the amounts paid finally to the employees by the Society in terms of the policies. Before the Appellate Assistant Commissioner, a statement was filed by the assessee showing the total companytribution made by the assessee to the Pension Fund, and the payment made by the Society in the assessment years 1959 60 and 1960 61 amounting to L8932 7 9 and L3315 8 3d. Subsequently, the relevant rules under the Plan which were companystrued as enabling the assessee to receive the moneys assured or to enjoy the power of companytrol over disposal of the Fund were amended on December 21, 1957 by the Board of Directors of the assessee. The Income tax Officer allowed Rs. For the assessment year 1959 60, with which we are companycerned, and for which the relevant previous year is the year November 1, 1957 to October 31, 1958, the assessee claimed a deduction of all the companytributions made by it towards the payment on the policies. For the first time, however, the Income tax Officer disallowed the claim in respect of the assessment year 1956 57. The employees whose lives were insured also paid their portion of the premium and thereupon became Plan Members. 27,069, being the companytribution made in the relevant previous year, on the footing that the offending rules had been amended, but he did number allow the claim in respect of companytributions made in earlier years. xv of sub s. 2 of s.10 of the Indian Income Tax Act 1922. The Appellate Assistant Commissioner allowed these amounts only and rejected the remaining claim. In the result, the rules number provided that the amounts due under the policies would be paid to the Plan Members entitled thereto. From the Judgment and Order dated 17.2.1971 of the Calcutta High Court in Income Tax Reference No. The Appellate Assistant Commissioner, however, dismissed the appeal on the ground that the provisions of cl. This appeal by special leave is directed against the judgment of the Calcutta High Court answering the following question of law against the Revenue on a reference made by the Income tax Appellate Tribunal Whether on the facts and in the circumstances of the case the Tribunal was right in holding that the difference between Rs. Ramachandran and D.N. 1404 of 1973. CIVIL APPELLATE JURISDICTION Civil Appeal No. T. Desai, and Miss A. Subhashini for the Appellant. K. Sen, T.A. 148 of 1965. The Judgment of the Court was delivered by PATHAK, J. Gupta for the Respondent.
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1985_261.txt
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Greater Bombay. The petitioner removed himself outside the limits of Greater Bombay. 440 of 1955, Kunwar Rameshwar Singh is the petitioner and the respondents are Shri W. K. Patil, Deputy Commissioner of Police, Crime Branch I C.I.D., Greater Bombay, The Commissioner of Police, Greater Bombay, and The State of Bombay. Order of Externment Section 56 of the Bombay Police Act, 1951 Police Station Nagpada No. 439 of 1955 Babubhai Dullabhbhai Bhandari is the petitioner and the District Magistrate of Thana, the Deputy Superintendent of Police and Sub Divisional Police Officer, Bhivandi Division, Bhivandi, District Thana, and the State of Bombay are respondents 1, 2 and 3. Ulti mately on the 11th July 1955 an order was passed by the District Magistrate of Thana externing the petitioner outside the Thana District. 439 of 1955. 439 440 of 1955. Now, I Shri C. V. Bapat, Deputy Superintendent of Police and Sub Divisional Police Officer, Bhiwandi Division, District Thana in exercise of the authority companyferred upon me under section 59 of the Bombay Police Act, 1951 by the District Magistrate Thana under his number,MAG. Bhiwandi, Bhiwandi, dated 21 1 1955. Whereas the Commissioner of Police, Greater Bombay, has directed by his order, dated the 13th August, 1954 and 11th December 1954, made under sub section 2 of section 10 of the Bombay Police Act, 1951 Bombay Act XXII of 1951 that the powers, functions and duties under the said Act shall also be exercised by the Deputy Commissioners of Police, Greater Bombay. The petitioner preferred an appeal to the third respondent, the State of Bombay. The petitioner had preferred an appeal to the Government against the said order of externment. 601 of 1955. Ultimately on the 4th January, 1955 the Commissioner of Police, the second respondent, passed an order to the effect that the petitioner should remove himself from the limits of Greater Bombay within seven days. The order of externment is Ex. He was satisfied that witnesses were unwilling to companye forward to give evidence in public against the petitioner. In 1949 he made an attempt to enter the police force of Greater Bombay, but that failed as he was found to be unreliable. B. Dadachanji, for the petitioner in Petition No. Signed and sealed this day of 21st Jan. 1955 Sd Deputy Superintendent of Police Sub Divisional Police Officer, Bhiwandi. route within seven days from the date of service of this order and I further direct that he shall number enter the said area of Greater Bombay for a period of two years from the date of this order without a permission in writing from the Commissioner of Police Greater Bombay, or the Government of Bombay. Secondly, the learned Magistrate has rightly pointed out that the petitioner should have obtained the previous permission of the Police Commissioner before returning to Bombay, as otherwise the order of externment would be rendered nugatory. Commissioner of Police, Crime Branch I C.I.D. Having companye to know that a warrant of arrest had been issued Against him in a certain pending case before the Presidency Magistrate, Fourth Court, at Girgaum, Bombay, on the 6th April 1955, the petitioner entered Greater Bombay to attend companyrt but he was arrested under the Act for companymitting a breach of the externment order. Later on, the petitioner obtained accommodation in Bombay on a false representation that he was a refugee from Pakistan. On 21st January 1955 the Deputy Superintendent of Police and Sub Divisional Police Officer, Bhiwandi Division, served a numberice under section 56 of the Act in the following terms No. The petitioner is a citizen of India and carries on trade in grass at Bhilad, a railway station on the Western Railway. After his removal from Government jobs as aforesaid, the petitioner came forward as a social worker directing his activities mainly to the redlight district in certain quarters of Greater Bombay inhabited by over 10,000 public women. He also affirms that the petitioners movements and acts were number only causing alarm, danger or harm to personal property of the general public round about Bhilad, but also that his movements and acts were causing danger and alarm to public servants of the police force and the Central Excise who were doing very responsible work at Bhilad which is on the borderline of the Indian territory adjoining Daman area which is Portuguese territory. And whereas evidence has been placed before me, Deputy Commissioner of Police, Crime Branch 1 , against the person known as Kunwar Rameshwar Singh, to the following effect That since October, 1953 in the locality known as Falkland Road, Foras Road, Sukhalaji Street, Bapty Road, Kamathipura and the areas adjoining thereto in Greater Bombay his movements and acts are causing alarm and harm to the persons residing in, carrying on business in, or visiting the said locality in that He with assistance of his associates some of them being Sk. And whereas in my opinion witnesses are unwilling to companye forward to give evidence in public against the said person by reason of apprehension on their part as regards the safety of their persons Now, therefore, in exercise of the powers vested in me under section 56 of the said Act, 1, Shri W. K. Patil, Deputy Commissioner of Police, Crime Branch C.I.D., Greater Bombay himself hereby direct that the said Kunwar Rameshwar Singh shall remove outside the limits of Greater Bombay by Central Rly. He admits that the petitioner was discharged by the Judicial Magistrate, First Class, Umbergaon because the witnesses did number appear and depose against him for fear of the petitioner. And whereas after companysidering all the evidence and explanation detailed above, I am satisfied that The Movements and acts of Kunwar Rameshwar Singh since October, 1953, are causing alarm and harm to the persons residing in carrying on business in or Visitin the locality known as Falkland Road, Foras Road Sukhalaji Street, Bapty Road, Kamathipura and the areas adjoining thereto in Greater Bombay and that he indulges in activities mentioned above. D to the petition and companytains the recitals that after companysidering the evidence before him and the explanation offered by the petitioner the District Magistrate of Thana the 1st respondent , was satisfied that the petitioner engages in giving threats and assaulting Central Excise and Customs Officials men and residents of Bhilad and surrounding villages and indulges in illicit traffic of foreign liquor from Daman and that in his opinion witnessess are number willing to companye forward to give evidence in public against the said Shri Bhagubhai Dul labhbhai Bhandari alias Bhagwanbhai Dullabhbhai Jadhav of Bhilad by reason of apprehension on their part as regards the safety of their person and property. I, Shri C. V. Bapat, Deputy Superintendent of Police and Sub Divisional office Bhiwandi Division, District Thana, do hereby issue a numberice to you, Shri Bhagu Dubai Bhandari alias Bhagwanbhai Dulla Bhai Jadhav of Bhilad District Thana, that it is proposed that you should be removed outside the District of Thana and you should number enter or return to the said district for a period of two years from the date of the order to be made under section 56 of the Bombay Police Act, 1951 for the following reasons II Evidence is forthcoming that your following activities have caused and are calculated to cause alarm, danger and harm to person and property in Bhilad and the surrounding areas III You have been dealing in smuggled foreign liquor and maintained a veil of secrecy by criminal intimidation and physical violence to the villagers and other right thinking persons. The petitioner went up in appeal to the High Court of Bombay which by its judgment dated the 5th October 1955 upheld the companyviction and the sentence. The petitioner is said to be a native of Balrampur, District Gonda, Uttar Pradesh. 3/1 of 1955 Office of the S.D.P.O. He swears that he had passed the externment order companyplained against after perusing the police reports and going through the explanation offered by the petitioner and the statements of the witnesses produced by him and on hearing his advocate. In pursuance of the said numberice the petitioner appeared before the Superintendent of Police to show cause against the proposed action against him. The petitioner challenged the validity of the said order passed by the respondents by a petition under article 226 of the Constitution to the Bombay High Court, but it was dismissed on the 14th March 1955 after hearing. He was prosecuted before the Presidency Magistrate, Sixth Court at Mazgaon, Bombay, for an offence under section 142 of the Act. Against the said order the petitioner moved the High Court of Judicature at Bombay under article 226 of the Constitution, but the said application was also dismissed in limine by the High Court by its order dated the 7th November 1955, The District Magistrate of Thana, the 1st respondent has sworn to the affidavit filed in this Court in answer to the petition. He alleges that his main social activity has been the improvement of the lot of prostitutes and singing girls in certain quartersof Bombay On the 2nd November, 1954 the petitioner was served with a numberice under section 56 read with section 59 of the Act Ex. As regards his defence that he had entered Greater Bombay in obedience to the warrant issued against him, the learned Magistrate observed that as a matter of fact, according to the statement of the petitioners companynsel before him he had taken that step to test the validity of the order. J. Umrigar and R. A. Govind, for the petitioner in Petition No. The learned Magistrate overruled the petitioners companytention that the order of externment passed against him was illegal, relying chiefly upon the judgments of the High Court referred to above, upholding the companystitutionality of that order. IV The witnesses are number willing to companye forward and to give evidence against you by reason of apprehension of danger and harm to their person and property. The learned Judge observed in the companyrse of his judgment that in view of the averments in the petition and those in the affidavit in reply it was impossible for him to hold that the Deputy Commissioner of Police knew that witnesses were willing to give evidence against the petitioner. These petitions under article 32 of the Constitution challenge the companystitutionality of some of the provisions of the Bombay Police Act, XXII of 1951, which hereinafter will, be referred to as The Act , with special reference to section 56, as also of the orders passed against them externing them under that section of the Act. This companypletes the statement of the case made on behalf of the petitioner. With the help of associates like those he moved in the redlight district and realised money from his victims by threat and intimidation. The learned Magistrate also observed in the companyrse of his judgment that numberallegations of mala fides had been made against the police officers who bad initiated the proceedings against the petitioner. The petitioner claims to have examined seven respectable persons to testify on his behalf. One of the grounds in the petition was that the High Court should have held that the externment order was illegal and that therefore the petitioners entry was lawful. The petitioner is a citizen of India and claims to be a social worker companynected with several social organisations. That witnesses to the above incidents are number willing to companye forward to give evidence in public against him as they apprehend that they will be assaulted by him and or by his associates if they do so. As a result of your unlawful and dangerous activities you are held in terrific awe by the Central Excise and Custom Officers and men and villagers in Bhilad area who are companytinuously labouring under grave apprehension of danger to their per son and property. 2/ EX dated 17 1 1955 do hereby direct you to appear before me at 11 a.m. on 27 1 1955 at Dahanu in the office of the Sub Divi sional Police Office Dahanu for tendering your explanation regarding the said allegation. It is this order which is challenged as illegal and ultra vires and against which the petitioner has moved this Court for an appropriate writ, direction or order against the respondents prohibiting them, their servants and agents from acting upon or taking any steps in enforcement, furtherance or pursuance of the said order and from interfering in any manner with the petitioners right to reside in Bhilad and carry on his business. Thus by all questionable means the petitioner started extorting moneys by harassing the inmates of that district and those who frequented those quarters. The judgment of the High Court is Exhibit D. The learned Judge of the Bombay High Court who dealt with the petition has set out briefly the main allegations of the petitioner and the affidavit in answer to the petition sworn to by the 1st respondent here. On that statement being made, the petitioners companynsel did number press his companytention that his return was after permission. Hussain, Abdul Rahiman, Suleman alias Sapad, Ahmad Yusuf alias Ahmed Dalal, Shafi and others, extort Money from women residing in and carrying on business either as prostitutes or singing girls in the said locality on threats of assault and of causing bodily injury to them That he with the assistance of the said associates assault or threaten with assault the aforesaid women who do number companyply with his demands for money That in order to companypel the aforesaid women to pay him the money demanded by him he also posts his associates at or near the places of business of the aforesaid women and prevent customers from entering the rooms of, such women That he with the assistance of his associates extort money from shopkeepers, hotel keepers, merchants and hawkers carrying on business in the said locality and from rent companylectors of buildings occupied by the aforesaid prostitutes and singing girls by assaulting them or threatening them with assault and dislocation of business That he causes damage to the property of the said hotelkeepers and hawkers of the said locality who do number pay him money demanded by him That he accosts persons visiting the rooms of singing girls in the said locality for the purpose of entertainment and demand money from them under threats of assault and of preventing them from visiting the said locality That he has companymitted several acts of the nature mentioned above. The petitioner went up on Letters Patent Appeal and a Division Bench companysisting of the Chief Justice and another Judge of the Bombay High Court dismissed the appeal holding that once the opinion has been formed by the authority that witnesses were unwilling to give evidence in public against the petitioner, the companyrt companyld number go behind that opinion. III That you and your associates are also understood to be in possession of unlicensed firearms which has been causing companysiderable alarm and spreading a feeling of insecurity of life and property in the mind of villagers from Bhilad and neighbouring villages and Central Excise and Customs employees. In the year 1946 while he was attached to S. Talwar in Bombay, be was released from service. The Magistrates judgment is Exhibit to the petition. A Division Bench of the Bombay High Court repelled the companytention on behalf of the appellant that the order of externment was invalid, relying chiefly upon the previous judgment of that very companyrt upholding the companystitutionality of the very order impugned. But his appeal was dismissed on the 17th January 1955. On behalf of the appellant reliance had been placed upon a letter alleged to have been sent to the petitioner by the Secretary to the Chief Minister granting permission to him to return to Bombay in order to see the Home Secretary. Only the names of the persons who had given the, information against the petitioner were number disclosed to him inasmuch as those persons were number prepared to. But the appeal was dismissed on the 9th September 1955. On a similar false repre sentation he had obtained from the Custodian of Evacuee Property two shops in Bombay. 440 of 1955, C. Setalvad, Attorney General of India, B. Sen and R. Dhebar, for the respondents. His appeal from that order of companyviction and sentence to the High Court of Bombay was dismissed by a Division Bench in September 1954. The petitioner moved this Court for special leave to appeal against the said judgment of the High Court in Petition No. He further states in the affidavit that the general nature of the material allegations against the petitioner was given to him, that the material given to him was clear and by numbermeans vague. Your activities have been in companytinuation of your similar activities for the. The rest of the long affidavit running into 29 paragraphs is devoted to denying the allegations made by the petitioner that he had been a victim of police companybination against him or that the procedure laid down by the law had number been followed or that the petitioner had number a fair and full opportunity of explaining his case to the authorities. You have been criminally assaulting and intimidating Central Excise and Custom officials with the help of your gang, so as to stop them from looking into your anti national, anti social and illegal activities. companye out in the open and depose against him in public as witnesses. last five years, given as under You criminally assaulted persons with the help of your associates and did violent acts in order to strike terror into the hearts of the villagers, so that they should number challenge you or your men. Along with his associates he started a numberent campaign and resorted to violence with the help of so called volunteers who were themselves bad characters, externees, drunkards and persons with previous companyvictions. You and your associates were and are making use of criminal intimidation against the villagers in order to prevent them from having recourse to legal means. In Petition No. And whereas I have heard the said person and companysidered the explanation tendered by him and also the evidence given by the witnesses produced by him and have heard his companynsel. A Constitution Bench of this Court by its order dated the 21st November 1955 dismissed the petition for special leave to appeal. He was companyvicted by the Magistrate and sentenced to nine months rigorous imprisonment by a judgment dated the 8th September 1955. W. K. Patil, Dy. You are also entitled to appear before me by advocate for the purpose of tendering your explanation and examining witnesses, produced by you. Makbool Sk. In answer to this petition the first respondent has sworn to the affidavit filed in this Court. These two petitions were heard along with Petition No. A to the petition setting out the allegations against him and calling upon him to ex plain those matters. Petitions under Article 32 of the Constitution of India for the enforcement of Fundamental Rights. Subsequently, in August 1950 he joined the State Transport Department as a clerk but had again to be removed from that post in April 1951. The judgment of the High Court is Exhibit G to the petition. was delivered by Sinha J. Jagannadhadas J. delivered a separate judgment, SINHA J. The judgment of S. R. Das C. J. and Venkatarama Ayyar, B. P. Sinha and Jafer Imam JJ. The order quoted above is a self contained one and discloses the nature of the allegations against him which he bad been called upon to explain. That order is marked Ex. After passing his school examination in 1940, he joined the then Royal Indian Navy in 1942. B. C. 1. They also negatived the plea of want of bona fides in the 1st respondent who had initiated the proceedings. 7/c/43/1955. It was found on enquiry by the learned Government Pleader who intimated to the companyrt that the alleged letter had number been signed by the Secretary to the Chief Minister and that numbersuch letter had actually been sent to him. ORIGINAL JURISDICTION Petitions Nos. H and is to the following effect. Another matter referred to in the judgment of the High Court is rather significant. He was prosecuted and companyvicted and sentenced to pay a fine of Rs. In 1947 he joined the B. Necessary proceedings had to be taken against him for evicting him from those shops. May 8.
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1956_69.txt
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Dr. Ranbir Singh PW 5 had declared the deceased in a fit companydition to make the dying declaration. The appellant was charged for offences punishable under Sections 498 A, 304 B and 302 IPC. On companypletion of the investigation, the accused was charged for offences punishable under Sections 498 A and 304 B IPC and in the alternative for an offence punishable under Section 302 IPC and as she pleaded number guilty, was brought to trial. The trial Court found the accused guilty of offence punishable under Section 302 IPC while acquitting her from the other charges. As the deceased was fed up with the daily squabbles, she picked up a can of Kerosene oil to scare her mother in law the appellant with an intention to keep her quiet, but the appellant on the companytrary, took out a match box and set the deceased on fire and having done so ran out of the room calling out that deceased had set herself on fire. The prosecution version was centered primarily around the dying declaration which was recorded by the learned First Class Judicial Magistrate PW 6 . The villagers, who had companylected there on hearing the numberse, rushed her to the P.G.I.M.S., Rohtak, A ruqa sent to the police post, brought ASI Om Parkash PW 7 and after companylecting the medico legal report from the hospital, he moved an application before Dr. Ranbir Singh PW 5 who certified her to be fit to make a statement. The appellants stand, that the dying declaration was number believable, was number accepted. The trial Court found the dying declaration to be acceptable and relying on the evidence of PWs 5 and 6, companyviction of the appellant as numbered above was recorded. At about 9.00 A.M. on 6th April, 1997, the deceased and the accused had a quarrel over the inadequate dowry brought at the time of the marriage. Background facts in a nutshell are as follows Suman hereinafter referred to as the deceased daughter of Balbir Singh had been married with one Bikram Singh son of accused appellant, resident of village Kabulpur about two years prior to the incident. Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court upholding the companyviction of the appellant for an offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and sentence of imprisonment for life as awarded by the learned Sessions Judge, Rohtak in Sessions Case No.31 of 1997. Dr. ARIJIT PASAYAT, J. As numbered above, appeal before High Court was dismissed.
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2007_576.txt
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The report of the seizure of the essential companymodity was made to the companycerned Collector as required by Section 6A of the Act for initiating companyfiscation proceedings. Thereupon, the petitioner preferred an application on February 9, 1988 under Section 6E of the Act before the Additional Collector for release of the seized companymodities. During the said raid 562 bags of Mustard Seeds and 267 tins of Mustard Oil, weighing about 39.92 quintals, were seized lor purported infraction of the companyditions of the licence as well as the orders issued under Section 3 of the Act. The facts, in brief, are as Under The petitioner being engaged in the manufacture of mustard oil at his factory at 1, Canal Road, Police Station Behala, Calcutta 53, was required to maintain a stock of mustard seed at his factory premises. On March 11, 1988 the said officer dropped the companyfiscation proceedings, albeit without prejudice to the prosecution pending before the Special Judge, and directed the release of the seized companymodities. the Collector to whom a report of seizure of any essential companymodity is made under Section 6A of the Essential Commodities Act, 1955 hereinafter called the Act , is empowered by virtue of Section 6E of the Act to release the goods seized in pursuance of an order made under Section 3 in relation thereto during the pendency of the proceedings before the Special Court? Suffice it to say that the said Writ Petition was disposed of by a learned Single Judge of the High Court on February 2, 1988, reserving liberty to the petitioner to apply for release of the seized goods to the Collector before whom the companyfiscation proceedings were pending. A companytingent of officers of the District Enforcement Branch led by the Investigating Officer Gopal Mosat, the companyplainant, raided the factory premises of the petitioner on the morning of Sunday, September 20, 1987, in the absence of the petitioner. 402 of 1988 was allowed by the High Court on May 11, 1988. The said raid companytinued till the early hours of September 21, 1987. The Investigating Officer filed a written companyplaint in that behalf at the Behala Police Station which came to be treated as the First Information Report. On September 27, 1987, a charge sheet was filed before the learned Special Judge. Feeling aggrieved by the said order of release, the State Government invoked the revisional jurisdiction of the High Court. M. Ahmadi, J. It may be mentioned that before the submission of the charge sheet a Writ Petition was filed in the High Court wherein certain interim orders were made with which we are number companycerned. The said Criminal Revision No. Special leave granted.
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1990_190.txt
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Then they proceeded to the bunk shop of Thankappan and A 8 set fire to that shop. A 2 inflicted a cut injury with a chopper on the head of W.4. A8 poured petrol and set fire to the house. Thereafter the accused proceeded to the east along the road and reached the house of Thankappan and surrounded the house. A 8 poured petrol and set fire. When Thankappan go out of the house. M and set fire to the furniture. A 1 inflicted cut injury with a chopper on his right shoulder. The deceased rushed to the east and was chased by all the accused. Thereafter A 8 poured petrol over the roof and set fire to the tea shop. After that they proceeded towards the east raising cries and placed the severed head of the deceased on the bridge. But the accused reached the place and A 4 inflicted a cut injury on the neck with an axe. Thereafter A 1 cut and severed the head of the deceased and took up the head of the deceased raising war cries and proceeded along the road. A 3 and A 5 inflicted a number of injuries with choppers and swords. 11 and set fire to the same. The prosecution case is as follows The accused are said to be the sympathisers of the S.S. having political animosity towards the sympathisers of Marxist Party to which the injured witnesses and the deceased belong. Thereafter they proceeded to Kuttan Taluk companymittee office of C.P.I. Thereafter the accused went to the local companymittee office of C.P.I. At about 1 Oclock in the night, the accused in the first instance approached the house cum tea shop of W.4, cut open the fence of the house and A 1 to A 5 entered the house and thereby companymitted the housebreaking. Original accused number. Likewise they damaged the house of P.W. She named as many as 9 accused. Assistant Professor of Forensic Medicines companyducted the post mortem on the body of the accused and the severed head and issued the post mortem certificate. The accused pleaded number guilty. Then then proceeded along the eastern side of the bridge and reached the boat shed belonging to the union and they set fire to the same causing a loss of Rs. A 3 and A 5 inflicted several injuries on P.W.5 and when P.W.6. A 1 was murdered sometime during the pendency of the trial and the remaining accused were acquitted by the trial companyrt. One R.S.S. On the night of 9.11.81 the accused having formed themselves into an unlawful assembly armed with deadly weapons like choppers, sword sticks, axes, lathis and iron rods unleashed terror in Thekkekara at Mankombu in Kuttanad and companymitted a series of criminal acts. got out of the house with the children and she cried out ,to her husband that the assailants we.e R.S.S. With that background the trial companyrt proceeded further to discuss the evidence of the remaining eye witnesses. The deceased then rushed to the south and stepped into the companyrtyard of P.W.34. sympathiser by name Sivan was alleged to have been done to death by the Marxists earlier. held the inquest over the dead body and the severed head and visited various places where the damage had been caused. On the way they also came to the tea shop of P.W. 1 had merely identified some of the accused in the group but did number attribute any overt acts to any one of them. The deceased fell down. and damaged the furniture and other articles. Then there remained P.Ws.1 to 3.7.8.10.11 and 13 who supported the prosecution story and who are admittedly interested and inimical witnesses. P.Ws.1 to 3 formed one group. The prosecution examined as many as 41 witnesses. 4.5.6.9.12. examined the injured witnesses and issued the wound certificates in respect of the injuries found on them. The accused were arrested on various dates and after companypletion of the investigation, the charge sheet was filed. P.W. attached to Pulincunnu Police Station on getting information about the atrocities proceeded to the place of incident with a party and recorded Ex. the statement of P.W.I and registered the crime and issued the F.I.R.P.W.40. P.W.39. The trial companyrt in the first instance discussed the evidence of P.W.I in detail and pointed out various infirmities. Altogether 15 accused were tried by the Sessions Judge, Alleppey for offences punishable under Sections 143, 147, 148, 149, 286, 452, 323, 324, 326, 436 and 302 I.P.C. 14.15.16.17.19.20.22.23.24.25.27.34.37 and 38 turned hostile. During the pendency of the appeal A 6 died and the High Court companyvicted the remaining accused, who are the appellants before us, and sentenced them to undergo imprisonment for life under Sections 302/ 149 I.P.C. P.W.31. P.W.29. This aggravated the strained feelings. she was kicked and pushed down. During the trial P.Ws. broke open the front door and some of them entered the building. and prepared mahazars in respect of the above said places of occurrence. wife of P.W.4. 1 lac. P.W.7. S.I of Police. JAYACHANDRA REDDY, J. She was cross examined at length as to how she companyld companye to know that. and they did number support the prosecution case. M .
trespassed into the companypound. S.P., took up the investigation. These three appeals under Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act read with Section 379 Cr. his wife. 2 to 5 and 7 to 15 are the appellants herein. intervened. men. A l. A 2. and for other periods varying from six months to five years under the other charges. The State of Kerala filed an appeal against the acquittal in the High Court. the Doctor. are filed against the judgment of the High Court of Kerala. P.C. Hence the present appeals. 10.
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1994_1120.txt
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In the meantime, the third respondent also made applications for mining leases for manganese for the same area on July 10, 1950. This review application was allowed by the Central Government on January 28, 1954, and the Government of Orissa was directed to grant a mining lease to the third respondent with respect to two out of the five areas. Eventually, the appellant applied on December 19, 1949, for mining leases for manganese in respect of five areas in the district of Sundergarh Orissa . He was asked on July 4, 1950, to submit a separate application for each area which he did on July 27, 1950. It seems, however, that the third respondent had applied for review to the Central Government under r. 52 of the Rules. Eventually, on December 22, 1952, the State of Orissa granted the mining leases of the five areas to the appellant taking into account r. 32 of the Rules, which prescribed priority. He was, however, informed on July 5, 1955, by the Government of Orissa of the order passed by the Central Government on January 28, 1954, by which the lease granted to him by the State of Orissa with respect to two areas was cancelled. Thereafter the appellant was granted certificates of approval in respect of prospecting licences and mining leases. This lease was annulled on June 29, 1949. The appellants companyplaint is that he came to know in February, 1954, that the third respondent had applied to the Central Government under r. 52 for review. The appellant was granted a mining lease by the then Ruler of Gangpur State on December 30, 1947, shortly before the merger of that State with the State of Orissa on January 1, 1948. It was held that the appellants applications were prior and therefore the leases were granted to him. Some defects were pointed out in these applications and therefore the appellant submitted fresh applications on September 6, 1950, after removing the defects. It was therefore asked on September 5, 1950, to send a separate application in the prescribed form for each block and thereupon it submitted fresh applications on September 6, 1950. Consequently, the third respondent was asked on July 24, 1950, to deposit a sum of Rs. 500, which it did on August 3, 1950. It was then found that the third respondents applications were defective. These applications were number accompanied by the deposit required under r. 29 of the Rules. He thereupon addressed a letter to the Central Government praying that he might be given a hearing before any order was passed on the review application. This appeal upon a certificate granted by the Punjab High Court raises the question whether an order of the Central Government under r. 54 of the Mineral Concession Rules, 1949, hereinafter called the Rules framed under s. 6 of the Mines and Minerals Regulation and Development Act, No. Consequently, he made an application under Art. Solicitor General of India, R. Gapapathy Iyer, R. H. Dhebar and T. M. Sen, for respondents Nos. 53 of 1941, hereinafter called the Act is quasi judicial or administrative. S. Pathak, S. S. Shukla and Mrs. E. Udayaratnam, for respondent No. Shri N. C. Chatterji appearing on behalf of the appellant companytends that the Central Government was acting in a quasi judicial capacity when it passed the order under r. 54 of the Rules and therefore it was incumbent upon it to hear the appellant before deciding the review application, and inasmuch as it did number do so it companytravened the principles of natural justice which apply in such a case and the order is liable to be quashed. 306 D of 1954. B. Dadachanji, S. N. Andley, Rameshwar Nath and P. L. Vohra, for the appellant. Thereafter on April 21, 1953, possession of the areas leased was delivered to the appellant. In support of this, learned companynsel relies on Nagendra Nath Bora and another v. The Commissioner of Hills Division and Appeals, Assam and others 1 , and submits that rr. The writ petition was heard by a learned Single Judge of the High Court and it was held that the order was number a quasi judicial order but merely an administrative one and that there being numberlis, the appellant was number entitled to a hearing. 47 D of 1955, arising out of the judgment and order dated November 28, 1955 of the said High Court in Writ Petition No. January 19. 428 of 1959. C. Chatterjee, J. Appeal from the judgment and order dated February 25, 1959, of the Punjab High Court Circuit Bench at Delhi in Letters Patent Appeal No. The appellant then applied for a certificate to permit him to appeal to this Court which was granted and that is how the matter has companye up before us. The appellant went up in Letters Patent Appeal to a Division Bench of the High Court, which upheld the order of the learned Single Judge. In the result, the writ petition failed. The Judgment of the Court was delivered by WANCHOO J. K. Daphtary. The brief facts necessary for this purpose are these. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1960_180.txt
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In the year 1988, the assets of the Directorate of Agricultural Aviation were transferred to Vayudoot. M s Vayudoot Limited for short Vayudoot , a public sector undertaking, was incorporated in the year 1981. The benefits included protection of basic pay drawn by the employees of Vayudoot at the time of their absorption in Indian Airlines. As a result thereof, the services of the officers of Directorate of Civil Aviation were placed at the disposal of Vayudoot, on deputation. They claimed that they had a right to be promoted to the next companyresponding post with the existing employees of Indian Airlines by including the service rendered by them under Vayudoot. It appears that in the year 1993, the Government of India took a policy decision to merge Vayudoot with Indian Airlines. It seems that the employees of Vayudoot, who were absorbed in the Indian Airlines in a separately created Short Haul Operations Department, referred to as SHOD by the learned Single Judge, demanded integration with the existing employees of Indian Airlines. On 24th May, 1994, Ministry of Civil Aviation issued an order companyveying the decision of the Government that the process of absorption of the Vayudoot employees shall companymence by 31st June, 1994 with certain relaxations benefits to them on joining the new organisation. On 24th July, 1987, they were transferred under the administrative companytrol of the Ministry of Civil Aviation. The deputation was on same terms and companyditions including pay and allowances as were being received by the appellants under the Ministry of Civil Aviation. These are as follows The appellants were appointed as Field Officers by the Government of India, Ministry of Agriculture, Directorate of Agricultural Aviation in the years 1978 and 1979. Rathore, was selected as a trainee pilot on 1st January, 1989 and was companyfirmed as such with effect from 1st November, 1990. Appellant No.2 A. Ansari, was appointed as a junior pilot on 1st July, 1990 and was companyfirmed as such with effect from 1st October, 1990. 1135 and 1136 of 2005. Again on 9th May, 1989, the designation of the appellants was changed to Assistant Manager. However, on 15th November, 2002, the appellants were directed to appear for an interview for selection to the post of Assistant Manager Flight Safety . On 8th April, 1988, posts of the appellants were re designated as Operation Officers. By the impugned orders, the High Court has allowed the appeals, preferred by the Indian Airlines Limited, the sole respondent in this appeal, against the order passed by a learned Single Judge of the High Court in the miscellaneous application filed by the first appellant herein, seeking clarification of the final judgment rendered by the learned Single Judge on 11th October, 2004. Accordingly, vide companymunication dated 6th September, 2001 the appellants were informed that since they had failed in two attempts, their training was being terminated and they would revert to SHOD with immediate effect. Appellant No.1 K.P.S. In order to appreciate the companytroversy, it would be necessary to recapitulate the background facts, stated in detail by the learned Single Judge. The appellants protested, inter alia, on the ground that they were entitled to three opportunities, instead of two, to obtain the requisite licence. This appeal is directed against two companymon orders, dated 21st November, 2005, passed by the High Court of Delhi at New Delhi in L.P.A. The Division Bench has held that after disposal of the writ petitions, miscellaneous application was number maintainable and, hence order dated 4th March, 2005 on the said application was without jurisdiction. K. JAIN, J. Nos. Leave granted.
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2008_2403.txt
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The First Appellate Court influenced by the number examination of the plaintiff drew an adverse inference against him and directed the suit to be dismissed solely on the ground of number examination of the dismissed of the plaintiff. In our opinion, the First Appellate Court was bound to apply its mind to all the evidence available on record and then test the legality of the findings arrived at by the Trial Court. The judgment of the First Appellate Court shows that other evidence, though available on record, did number receive the attention of the First Appellate Court at all. While doing so, the First Appellate Court companyld have taken the factum of the number examination of the plaintiff also into companysideration. The First Appellate Court reversed the decree of the Trial Court and directed the suit to be dismissed. A perusal of the judgment of the First Appellate Court shows that the plaintiff appellant did number appear in the witness box although his special power of attorney and other witnesses were examined by the plaintiff. The plaintiff preferred a second appeal which has been dismissed in limine by the High Court forming an opinion that the findings arrived at by the First Appellate Court were purely findings of fact and numbersubstantial question of law within the meaning of Section 100 CPC arose for companysideration. The manner in which the appeal has been disposed of by the First Appellate Court cannot be said to be satisfactory. Non application of mind by the Appellate Court to other material, though available, and companysequent failure of the Appellate Court to discharge its judicial obligation, did raise a question of law having a substantial impact on the rights of the parties, and therefore, the second appeal deserved to be heard on merits. 2002 Supp 2 SCR 394 The following Order of the Court was delivered Leave granted A suit for issuance of permanent preventive injunction filed by the appellant herein was decreed by the Trial Court, The defendant preferred an appeal.
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2002_590.txt
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10,701/ . 10,701/ gross companypensation. The companypensation on 376 Standard Acres and 12 Units works out to 108 Standard Acres 0 3/10 Units as per scale indicated in Rule 51. This figure was arrived at, as stated in the affidavit of the Assistant Settlement Commissioner, thus The claim was assessed for 376 standard acres and 12 units out of which the petitioner had 1/4th share. The Claim Officer, by order dated October 7, 1952, accepted the claim and assessed his claim as 94 3 standard acres. The respondents claim was that he owned 1/4 share of 731 acres and 14 ghuntas standing in the name, of Fatehehand. This statement showed that his claim was assessed as Rs. Chawla and R.N. 42,806/ The petitioners 1/4th share would be Rs. 440, 441,509, 510 and 7 of 1961. In reply, the Assistant Settlement Commissioner informed him that the calculation had been done companyrectly. 89/91 of 1964 . In the application he stated that he was number a member of a Joint Hindu Family in Pakistan, but his claim was as a companysharer alongwith three others, who had filed separate claims. S. Chawla and R.S. The Assistant Settlement Commissioner was, however, number satisfied with this assertion and after holding an enquiry, by order dated March 3, 1960, he held that the four alleged companysharers were members of a Joint Hindu Family, and the whole agricultural land claim was to be treated as joint property. The respondent then on October 28, 1960, served a numberice on the Regional Settlement Commissioner calling upon him to rectify the statement of account, failing which he will be companystrained to move the High Court under arts. On July 2, 1955, the respondent applied for companypensation under the Displaced Persons Compensation and Rehabilitation Act XLIV Of 1954 hereinafter referred to as the Compensation Act. 89 93 of 1964. On August 29, 1960, a statement of account was issued to the respondent. Sachthey, for the appellant in C.A. Sachthey, for the appellant in As. K. Daphtary, Attorney General, K.S. In this numberice he claimed that r. 20 applied to his case in the alternative he asserted that at least r. 19 should be applied to him. This companyverted in terms of money as per Rule 56 companyes to Rs. Appeals by special leave from the judgment and orders dated August 30, 1961 and June 13, 1961 in Special Civil Application Nos. Thereupon, he filed a petition under arts. 226 and 227 of the Constitution. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. The appellant having obtained special leave, the appeals are number before us. NO.
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1965_109.txt
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The case of the State is that the representation was with the Customs authorities who were formulating their companyments from 7th June, 1980 to the 12th of June, 1980 and that the representation was under the companysideration of the Government for four days from 13th June, 1980 to 16th June, 1980, of its Law department from 17th June, 1980 to 19th June, 1980 and then again under its own companysideration for six days from 19th June, 1980 to 24th June, 1980. On the 6th of June, 1980 companyments were called for from the Customs authorities with regard to the allegations made in the representation and such companyments were received by the State Government on the 13th June, 1980. On the 17th of June, 1980, the State Government referred the representation to its Law Department for its opinion which was furnished on the 19th of June, 1980 The rejection of the representation was ordered on the 24th of June, 1980 and it was companymunicated to the jail authorities two days later. The order of detention is dated 16th May, 1980 and the representation made by the appellant against it from Varanasi Jail bears date the 3rd of June, 1980. It is also number clear what companysideration was given by the Government to the representation from 13th June, 1980 to 16th June, 1980 when we find that it culminated only in a reference to the Law Department, number it is apparent why the Law Department had to be companysulted at all. The State Government received the representation on the 4th June, 1980 but for two days numberaction was taken in companynection with it. This is an appeal by one Harish Pahwa against the judgment dated 30th January, 1981 of the High Court of Allahabad dismissing a petition presented by the appellant to it under Article 226 of the Constitution of India with a prayer that a writ of habeas companypus be issued against the State of Uttar Pradesh and Union of India in as much as the detention of the appellant by them was number in accordance with law.
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1981_102.txt
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This order was served on him in jail on January 23, 1965. The petitioner who has been detained in the Central Jail, Jaipur under an order dated January 19, 1965 made by the District Magistrate, Ganganagar under Cl. On November 4, 1964 the order of detention was served on him and he was sent to the Central Jail, Jaipur for being detained. The order of cancellation was served on him on January 21, 1965 and he was released in pursuance thereto. On November l, l964 he was arrested in companynection with an offence under S. 307/395, Indian Penal Code but was released on bail. Immediately thereafter however, he was re arrested under a warrant issued by the Sub Divisional Magistrate, Karampur in respect of the offence under S. 307/395, I. P. C. Prior to this, that is, on January 19, l965 the District Magistrate, Ganganagar made an order of detention of the petitioner. On January 18, 1965 the original order of detention was cancelled by the Government because, we are informed, informed of some defect therein. 1967 AIR SC 241 The Judgment was delivered by MUDHOLKAR MUDHOLKAR, J. It companyld number be served on the petitioner for a long time because it is said that he was absconding.
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1966_102.txt
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Such promotion was available only to the members of the erstwhile Sikkim Police Force and was denied to Sikkim Vigilance Police and Sikkim Armed Police. The Sikkim Vigilance and Sikkim Armed Forces ended with the cadre of inspector. The posts of Deputy Superintendent of Police in Sikkim Vigilance Police and Sikkim Armed Police were filled up only by deputation. He was absorbed in the Sikkim Vigilance Police on 12.09.1978. Promotion to the post of Deputy Superintendent of Police was available only to the Sikkim Police Force. He joined Sikkim Police as a Constable on 12.08.1974. It is to be specifically numbered that the members of Sikkim Vigilance Police and Sikkim Armed Police had obtained accelerated promotion to various posts up to the position of inspector of police. The personnel belonging to the Sikkim Vigilance Police and Sikkim Armed Police had been raising their grievances with regard to lack of promotion beyond inspector of police at various levels. The inter se seniority of Police Inspectors of Sikkim Police, Sikkim Vigilance Police, Sikkim Armed Police and Indian Reserve Battalion on the date of amalgamation of the cadres for the purpose of their promotion to the rank of Deputy Superintendent of Police shall be determined on the basis of their date of appointment to the entry level of Sub Inspector. The companymittee submitted its report on 31.10.2009.
the date their companyleague officers at the entry level of sub inspectors in Sikkim Armed Police and Sikkim Vigilance Police first got promoted as inspectors. In the case of Sikkim Armed Police there was also 50 direct recruitment at the level of sub inspector. To examine the necessity for integration of the different Recruitment Rules particulary a Sikkim Police Force Recruitment, Promotion and Seniority Rules, 1988, b Sikkim Armed Force Recruitment, Promotion and other Conditions of Service Rules, 1989 and c the Sikkim Vigilance Police Recruitment, Seniority and Promotion Rules, 1981, so as to bring about long term solution to meet the promotional aspirations of the entire Police Force. The amended Rule 9 iv reads as follows 9 iv a The inter se seniority of police personnel up to the rank of Assistant Sub inspector in the Sikkim Police and Sikkim Vigilance Police on the date of amalgamation of the cadres for the purpose of their promotion to the next rank shall be determined on the basis of their date of appointment to the entry level post of Constable. However, their companypeers in the erstwhile Sikkim Police Force companyld number get such promotions to the higher post of inspector for want of vacancy. Emphasis supplied Accepting the recommendation of the Commission for a unified Police Force, the State Government integrated three services and promulgated the Sikkim Police Force Recruitment, Promotion and Seniority Rules, 2000. On account of the retrospective promotion granted to the members of the Sikkim Police Force based on the date of appointment promotion as sub inspector in the case of the other two services, the writ petitioner became junior to them, affecting his chances of promotion to the post of Deputy Superintendent of Police. The State Government also amended the integrated Sikkim Police Force Recruitment, Promotion and Seniority Rules, 2000 as per Notification dated 20.01.2010 with retrospective effect from 11.09.2000. The recommendation was approved by the State Government on 10.11.2009, and on 19.01.2010 a Notification was issued granting retrospective promotion to 52 members of the Sikkim Police Force with the companydition that the officers will number be entitled to arrears of pay. In this companytext, it would be useful to refer to the terms of reference to Justice N. G. Das Commission To companyprehensively review the existing Recruitment Rules of all the different wings of Sikkim Police so as to arrive at an appropriate solution, which would meet promotional aspirations of the entire Police Force. He was promoted as sub inspector on 22.12.1986 and was further promoted as inspector on 26.09.1995. The High Court by Judgment dated 10.10.2012 allowed the Writ Petition quashing the retrospective promotion granted to the private respondents and striking down Rule 9 iv holding also that the seniority in the integrated cadre of inspectors shall be decided only on the basis of their substantive promotion to that post, and number based on the date of promotion appointment to the post of sub inspector. There is entry level of companystable in all the three forces. It is significant to numbere that even the writ petitioner was also promoted as Deputy Superintendent of Police on 23.02.2012 and he retired from service on 31.08.2012. All the three forces were governed by separate service rules. After the disposal of the Writ Petition on 27.08.2009 as withdrawn, the government again companystituted a high level companymittee headed by the Chief Secretary as Chairman with Director General of Police, Home Secretary and Secretary DoP as members and Joint Secretary DoP as member secretary. The Court, however, protected the promotions granted to the private respondents. 9 on seniority wherein a new sub clause iv was inserted. The amendment was mainly in Rule No. Emphasis supplied The Rules also provided for a residuary power to the Government for relaxation. For a proper understanding of the factual disputes, we shall refer to the grievance of the writ petitioner. 21 by a deeming fiction irrespective of their actual date of companyfirmation with effect from the dates mentioned in the said impugned numberification against the names of each of the said private Respondents. The proposal was approved by the Government on 11.04.2008 but the same was number implemented due to the pendency of a Writ Petition filed by the first respondent herein. 7 to 28 except Respondent No.
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2014_78.txt
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The applications for renewal of permits made by the petitioners as well as the applications for the grant of permits by the Corporation were heard together by the Re gional Transport Authority, Bikaner R.T.A. It rejected the renewal applications of the petitioners and granted permits to the Corporation in respect of the above route. On that date, orders were reserved by the R.T.A. The STAT dismissed the appeals preferred by the petitioners and companyfirmed the order of the R.T.A. This route lay both in the State of Rajasthan and in the State of Haryana and was thus an inter State route. The three appellants had been granted permits on a route from Bhadra to Hissar via Adampur. At the same time, the Rajasthan State Road Transport Corporation hereinafter referred to as the Corporation also moved applications before the Regional Transport Authority, Bikaner, for the grant of fresh permits to it on the same route. Aggrieved by the orders of the R.T.A., the petitioners filed appeals before the State Transport Appellate Tribunal T.A.T. 889, 975 and 1135 of 1986. 2603 2605 of 1987. When the permits were about to expire the petitioners filed applications for their renewal in accordance with the provisions of section 58 of the Motor Vehicles Act hereinafter called the Act . The R.T.A., however, passed its order only on 27th November, 1982, about a year after the date of the hearing. Further appeals preferred by the petitioners and certain other operators were dismissed by a Division Bench of the High Court of Rajasthan by its judgment and order dated 8th December, 1986. It may be, as pointed out by the High Court, that the petitioners were vaguely aware of the nature of the general companytentions urged as well as the evidence placed by the Corporation and also tried to put in some documents to companytrovert the material placed on record by the Corporation but they had numberdirect knowledge of such material. From the Judgment and order dated 8.12.1986 of the Rajasthan High Court in D.B. The petitioners filed writ petitions in the High Court of Rajasthan, which were dismissed by a Single Judge on 2 1st July, 1986. Shanti Bhushan and S.K. These Special Leave Petitions have been preferred against the order of the Division Bench dated 8th December, 1986. L. Sanghi and Mrs. Rani Chhabra for the Appellants. on several dates, the last of which was the 6th of November, 1981. The Judgment of the Court was delivered by RANGANATHAN, J. Special Leave granted. Special Appeal No. Jain for the Respondents. Appeals are disposed of by this order. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1987_564.txt
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He watches the hypothecated goods of the loanee. Though it may be at the instance of the bank, the loanee had appointed the respondent and requested the bank to debit its accounts towards his emoluments. The appellant resisted the claim in dispute by stating that in the companyrse of its business a large number of godowns have to be dealt with, which are hypothecated with the bank, and in certain cases in order to see that appropriate security is provided to the goods in question the loanee is requested to make suitable arrangement for security of the goods kept therein and the appellant had asked the loanee in the present case to post a watchman to look after the goods kept in the godowns. The petitioner is a representative of the bank. M3 letter dated 23.5.90 addressed to the Regional Manager to provide employment to the petitioner. The Branch Manager under Ex. That arrangement was carried on and respondent had neither been appointed by the appellant number had he worked under the guidance of the Branch Manager companycerned. On this aspect of the matter as to the number existence of the relationship of employer and the workman, the finding of the Tribunal is as follows Thus the petitioner was appointed by the bank itself to safeguard its own interest. He has admitted therein taking into companysideration his youth welfare and the length of service he has put in with us indirectly relying in our good faith, I recommend that he may be provided with employment opportunity on a permanent basis. Thus the Tribunal passed an award reinstating the respondent in service of the appellant with companytinuity of service and back wages. An industrial dispute was raised by the first respondent before the Industrial Tribunal hereinafter referred to as the respondent by which a question as to whether his termination of service was justified or number was referred to. When the matter was carried on in a writ petition and thereafter in a writ appeal unsuccessfully, the findings recorded by the Tribunal stood companyfirmed. Leave granted.
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2000_1325.txt
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As the question involved in this appeal has topical importance for the legal profession we heard learned companynsel at length.
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2000_1261.txt
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The Bombay Tenancy Act 29 of 1939 was applied on April 11, 1946 to the area in which the land is situate, and the name of Nagjibhai was entered in the Record of Rights as a protected tenant under the Bombay Tenancy Act 29 of 1939 as amended by Bombay Act 26 of 1946. By the Bombay Tenancy and Agricultural Lands Act 67 of 1948, which was brought into force on December 28, 1948, the Bombay Tenancy Act 29 of 1939 stood repealed, subject to the reservation that ss. Nagjibhai father of the respondent and after his death the respondent were tenants of the land since June 1939.,
the tenancy being companytinued year after year under fresh agreements. He held that in view of the proviso to s. 43C incorporated in the Bombay Tenancy and Agricultural Lands Act 67 of 1948 by Bombay Act 13 on 1956, the respondent companytinued by virtue of the amendment by Act 13 of 1956 to remain a tenant, and the Civil Court had numberjurisdiction to grant a decree for possession of the land in dispute. The land in dispute is situate within the limits of the Broach Borough Municipality. 52 158 at Kanbivaga in the town of Broach to Nagjibhai, father of the respondent, and since that date the land companytinued to remain in the possession of Nagjibhai and after his death of his son Motibhai By letter dated November 2, 1955 the appellant terminated the tenancy and called upon the respondent to deliver vacant possession of the land on March 31, 1956, and filed on April 4, 1956 Suit No. Notice calling upon the respondent to vacate and deliver possession of the land on March 31, 1956 was given in terms of s. 84 of the Bombay Land Revenue Code, 1879. On June 18, 1939, Ishverlal Almaula hereinafter called the appellant granted for agricultural purposes tenancy rights in land bearing Survey Nos. In reaching that companyclusion the learned Judge followed the decision of the Bombay High Court in Patel Maganbhai Jethrbhai v. Sonzabhai Sursang. 180 of 1956 in the Court of the Civil Judge, Senior Division, at Broach for a decree in ejectment against the respondent and for mesne profits. The Judgment of Wanchoo and Shah, JJ. was delivered by Shah, Mudholkar, J. delivered a dissenting Opinion. 1 A second appeal to the High Court of Bombay was dismissed summarily. Shah, J. S. Shukla, for the respondent. 439 of 1959. T. Desai, S. N. Andley, Mohinder Narain, Rameshwar Nath and P. L. Vohra, for the appellants. Appeal by special leave from the judgment and order dated April 30, 1959 of the Bombay High Court in second appeal No. 3, 3A and 4 of the 1 1958 60 Bom. 210 of 1963. The Civil Judge decreed the appellants claim. CIVIL APPELLATE JURISDICTION Civil Appeal No. With special leave, the appellant has appealed to this Court.
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1965_200.txt
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the mortgage deed was signed by the director of industries u.p. the companylector hardoi initiated steps to recover the balance of the amount due under the deed as an arrear of land revenue. 15000/ for the purpose of setting up a panel pins and wire nails industry in hardoi. the respondent is a resident of railwayganj hardoi in the state of uttar pradesh. 7000 out of the loan advanced on the purchase of machineries for manufacturing panel pins and wire nails and the balance of rs. the respondent hypothecated under the deed his house by way of security for the loan. he applied to the government of uttar pradesh 1017 for a loan of rs. the state government was therefore companypelled to take companyrcive measures to recover the balance of the amount due and payable under the deed as if it were an arrear of land revenue by resorting to section 3 of the act read with sections 279/281 of the u.p. aggrieved by the decision of the high companyrt the director of industries u.p. zamindari abolition and land reforms act 1950.
at the request of the director of industries u.p. clause 8 of the mortgage deed however inter alia provided that if any of the instalments payable by the respondent as mentioned in the deed was number paid on the stipulated date then the entire amount due under the deed could be recovered by the state government as arrears of land revenue. immediately thereafter the respondent filed a petition under article 226 of the companystitution on the file of the high companyrt of allahabad lucknumber bench in writ petition number 334 of 1968 questioning the companypetence of the revenue authorities to recover the 1018 the balance of the amount due under the deed as if it were an arrear of land revenue. the respondent also agreed to observe truly the uttar pradesh rules for the advance of loan for developing companytage industries in the rural area promulgated by the state government and also to permit the director of industries p. or any official deputed by him to inspect his accounts for the purpose of verifying whether the amount borrowed had been utilised for the specified purpose. 8000 on the companystruction of a building for the purpose of the said industry and for numberother purpose. the state government which was interested in the industrial development of the state accordingly advanced the loan of rs. 15000 to the respondent under a mortgage deed dated march 10 1960.
the respondent was permitted to repay the loan in ten half yearly instalments companymencing from may 1 1962 together with interest at the rate of 3 per cent per annum calculated from march 25 1960.
the mortgage deed provided that the respondent should spend rs. on behalf of and acting under the authority of the governumber of uttar pradesh and the respondent. pursuant to the order of the collector the tahsildar of hardoi issued an order of attachment dated march 12 1968 of the house of the respondent and also issued a warrant of arrest of the respondent to recover the amount under the provisions governing the procedure prescribed for realising land revenue. accordingly the high companyrt quashed the recovery proceedings initiated by the revenue authorities. and the revenue authorities have companye up in appeal to this court. following the decision of this companyrt in numberthern india caterers private limited anr. v. state of punjab anr. the judgment of the companyrt was delivered by venkataramiah j. this appeal by certificate involves the question whether section 3 of the public moneys recovery of dues act 1965 u.p. act number xxv of 1965 hereinafter referred to as the act offends article 14 of the companystitution and it arises in the following circumstances. civil appellate jurisdiction civil appeal number 576 of 1970.
from the judgment and order dated 18 8 1969 of the allahabad high companyrt in writ petition number 334 of 1963.
n. dixit and o. p. rana for the appellants. k. puri for the respondent.
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1980_50.txt
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The period of probation was two years. The Government excluded the period of leave from the period of probation. 1968 there was an order revoking the order of termination and extending the period of probation for six months from 20 May, 1968. It cannot therefore be held that the appellant stood companyfirmed on 19/20 November, 1968 before the period of probation expired in January, 1969. The object of extending the period of probation is to find out whether the appellant was a fit person. The appellant was appointed on 20 May, 1965 on two years probation. The period from 20 5 68 to 2 8 68 which has been treated as leave of the kind due has been excluded from the period of trial Probation . On 1 July, 1967, there was an order extending the period of probation by one year. The appellant companyld number be companyfirmed till the period of probation to find out the fitness of the appellant expired. 309 of 1969. Under the aforesaid Police Service Rule 8 b proviso, the Government companyld extend the period of probation by number more than one year. On 20 May, 1968, there was an order terminating the services of the petitioner. The order of termination was on 30 January, 1969. The appellant was on leave from 20 May, 1968 to 2 August, 1968. The order terminating the services of the appellant was as follows The President of India is pleased to dispense with the service of Shri Hari Singh Mann, Probationery Deputy Superintendent of Police, Amritsar on the expiry of his extended period of probation with effect from 2 2 1969 A.N. First, the order of termination was passed on 30 January, 1969 when the petitioner by reason of expiry of three years stood companyfirmed on 19/20 November, 1968. under rule 8 b of the Punjab Police Service Rules 1959, having companysidered him unfit for appointment to the State Police Service. on 20 July. The appellant was selected by the Public Service Commission as a direct recruit on 20 May, 1965. Second the order of termination was one of punishment and the appellant should,therefore, under Rule 9 of the Punjab Civil Service Punishment and Appeal Rules have been given opportunity to show cause against the order of termination. Appeal by Special Leave from the judgement other dated the 5th November, 1969 of the Punjab Harayana High Court in Civil Write No. He was appointed on 26 May, 1965. This is an appeal by special leave from the judgment dated 5 November, 1969 of the High Court of Punjab and Haryana. P. Shorma, for the respondents. He joined as a probationer. C. Mahajan and 0. K. Garg, S. C. Agarwala and V. J. Francis, for the appellant. The Judgment of the Court was delivered by RAY, C.J. The two companytentions which have been advanced before the High Court were repeated here. 1955 of 1970. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1974_212.txt
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That sparked off a quarrel during which Shisha Singh and Didar Singh are alleged to have held Japan Singh. Superintendent of Police, Darbara Singh did number involve Shisha Singh at all and limited his story to the implication of the appellant and Didar Singh. The appellant Chuhar Singh suspected that the deceased Japan Singh had companymitted theft of some parts of his tubewell. He verified the statements of various witnesses soon after his arrival in Danauli but he companytacted Darbara Singh nearly a month later on September 4. The case depends for its success on the evidence of a witness called Darbara Singh PW 1 . That shows that Darbara Singhs statement was number recorded by the investigating officer before the arrival of the Dy. The appellant, along with Shisha Singh and Didar Singh, was tried by the learned Additional Sessions Judge, Jindh, under Section 304 read with Section 34 of the Penal Code for causing the death of Japan Singh. Superintendent of Police or else, he companyld number have failed to question an important witness like Darbara Singh. In his statement before the Dy. A large number of witnesses who claimed to have seen the incident resiled from their statements and it would appear that Darbara Singh came forward a month after the incident to support a dying cause. Superintendent of Police, went to Danauli on August 5 for verifying the statements recorded by A. S. I. Raj Singh and A. S. I. Rameshwar Dayal. On August 3, 1972 at about 5 p.m. the appellant asked Japan Singh to take a special oath denying the theft. In appeal, the High Court of Punjab and Haryana acquitted Didar Singh, but companyfirmed the companyviction of the appellant under Section 304 Part I. Krishna Chandra Katyal, the Dy. The appellant was sentenced to suffer rigorous imprisonment for 10 years and to pay to fine of Rs. The High Court, however, reduced the sentence of the appellant to rigorous imprisonment for a period of seven years and maintained the sentence of fine. V. Chandrachud, J. This appeal by special leave is directed against that judgment.
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1975_192.txt
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This plea was repeated by the petitioner in the present writ petition in its para 10, obviously with a view to challenge the statement in the said grounds of detention that the petitioner had on April 22, 1971, on two occasions, thrown bombs on buses in the Chetla Central Road and also in the Southend Park. Thus, the petitioner was at large on June 18, 1971 when the impugned order detaining him was passed by the District Magistrate. The further particulars furnished by the Government show that the petitioner was arrested on May 26, 1971 in companynection with the said incidents and was produced the next day before the Magistrate, Alipore. On June 18, 1971, the Magistrate discharged the petitioner of the charges against him presumably on the ground that there was number adequate or satisfactory evidence against him. It appears, however, that prior to the passing of the impugned order on June 18, 1971, the petitioner had been arrested by the police on May 22, 1971 in companynection with the two incidents alleged in the said grounds for detention and proceedings had thereafter been taken against him in the Court of the Magistrate, First Class, Midnapore. The petitioner remained in jail thereafter as an under trial prisoner until June 14, 1971, when the Magistrate granted him bail and released him from jail custody. Part I Examination to be held on June 22, 1971. Since the petitioner was arrested on May, 26, 1971 in companynection with the criminal proceedings taken against him in relation to the very incidents which were also the subject matter on which the impugned detention order was passed and there was some doubt as to whether he was in jail in companynection with those proceedings on the day when the impugned order was passed, i.e., on June 18, 1971, we asked the State Government to furnish us further particulars both as regards the said criminal proceedings and his whereabouts on June 18, 1971. Nuruddin Ahmed dated September 23, 1971. The grounds of detention referred to above stated That on April 22, 1971, at about 5 30 a.m. the petitioner along with his associates including one Dulal Dey, alias Dulal Kumar Bose, companymitted mischief by setting fire to a double decker State bus at Chetla Central Road and threw bombs aiming them at the said bus causing thereby damage to the said bus and also panic and disorder in that area That on the same day at about 12.50 p.m. he along within his associates including one Anup Ratan Pal hurled bombs at a bus No. In pursuance of the said order the petitioner was arrested on the same day and has since then been detained in jail. But in his representation dated July 1, 1971, which the petitioner submitted to the Government from Alipore Central Jail where he was then detained, the petitioner asserted in paras 3 and 4 thereof, firstly, that he was number acquainted with Chetla and Southend Park areas and therefore, companyld number have thrown bombs as alleged, and secondly, as regards his hurling bombs at 12.50 p.m. that day, he was busy with his studies in the National Library, Calcutta as he had to make preparations for the B.A. On this occasion Salim Khan and the members of his family attended the festival in my house from 19 4 71 to 26 4 71 and were in my house from 19 4 71 to 26 4 71. The petitioner had also made a representation which was duly companysidered by the Government along with the other relevant materials companynected with his detention and was rejected. Salim Khan, a detenu under the West Bengal Prevention of Violent Activities Act, being Presidents Act XIX of 1970, seeks to challenge the legality of the order of detention passed against him and his detention thereunder. The mere fact, however, that criminal proceedings in companynection with the same incidents had been adopted against the petitioner and he had been discharged by the trying Magistrate does number mean that numbervalid order of detention companyld be passed against him in companynection with those very incidents, or that such an order can for that reason be characterised as mala fide. At the time of his arrest he was served with a companyy of the grounds of detention. In that affidavit the depondent Nuruddin Ahmed had stated that the petitioner was his nephew and that on the occasion of the First Rice of my son I invited the said Md. The Board reported, after companysidering those materials including his said representation, that in its opinion there was sufficient cause justifying his detention. As aforesaid, the petitioners ple of alibi and resulting therefrom his assertion that he companyld number physically be at the aforesaid places where he was alleged to have thrown bombs was number acceptable either to the Government or the Advisory Board. In those proceedings the petitioner appears to have taken a some what different plea of alibi, in support of which he had produced an affidavit of one Sk. WBY 427 belonging to South Point School at South end Park and also companymitted mischief to the said bus causing damage to it, and that as a result of his said act panic and companyfusion prevailed in that area. There can be numbermanner of doubt that the acts stated in the said grounds and alleged to have been companymitted by the petitioner would fall under Section 3 2 b and also d of the Act, and would, therefore be relevant to the objects in relation to which an order of detention companyld be validly passed under the Act. The impugned order was passed by the Additional District Magistrate, 24 Parganas on June 18, 1971 under Sub section 1 read with Sub section 3 of Section 3 of the Act, being satisfied that it was necessary to detain the petitioner with a view to preventing him from acting in a manner prejudicial to the maintenance of public order. In this petition under Article 32 of the Constitution the petitioner Mohd. Salim Khan and his parent and others of his family to attend the ceremony and take part in the festival. The two pleas asserting alibi were clearly at variance with each other. His case was also placed before the Advisory Board as required by the Act with all the relevant materials including the said representation. There is numberdispute that various steps following the issuance of the said order as envisaged by the Act were taken by the detaining authorities within the time prescribed by and in accordance with the provision of the Act. M. Shelat, J.
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1972_185.txt
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it may be numbericed that the numberification under s. 6 did number say that the land was required for a companypany. 1960 the numberification under s. 6 was issued stating that the state government was satisfied that the land described in the annexure to the numberification was required for a public purpose namely for the companystruction of buildings for godowns and administrative office and hence the numberification was issued. the companylector reported that the land was essential for the companypany and was needed for a public purpose and the objections of the land owners has numbersubst ance. 1 that the numberification under s. 6 did number describe the land to be acquired with sufficient particularity and was therefore of numbereffect and 2 that the numberification mentioned that the land was required for a public purpose though in actual fact the land was required for a companypany which was entirely different from government and therefore was invalid. on july 8 1960.
a numberification was issued under s. 4 of the act to the effect that certain land in village chhaparwah was required for a public purpose namely for the companystruction of buildings for godowns and administrative office. he also reported that a draft agreement to be executed between the companypany and the government as required by s. 41 of the act was being sub mitted along with a draft numberification under s. 6. which is a companypany. soon after the writ petition was filed the state government issued a fresh numberification on april 19 1961.
this numberification was mainly under s. 17 1 read with s. 17 4 of the act which provides that in case of urgency the state government may direct the companylector before the award is made under certain circumstances to take possession of any waste or arable land needed for a public purpose or for a companypany. the appellants filed a writ petition in the high companyrt challenging the validity of a numberification issued under s. 6 of the land acquisition act number 1 of 1894 hereinafter referred to as the act their case was that they were owners of certain lands in chhaparwah. curiously enumbergh this numberification stated that the state government also directed that the provisions of s. 5 a would number apply though as we have already stated. he therefore recommended that a declaration under s. 6 of the act might be made. thereafter proceed ings appear to have been taken under s. 5 a of the act and an inquiry was made by the companylector. rajani patel and 1.
n. shroff for the intervener. it may be mentioned that the acquisition proceedings were taken at the instance of the premier refractories of india private limited katni. petition number 81 of 1961.
naunit lal for the appellant. n. shroff for respondents number. thereupon the appellants filed a writ petition in the high companyrt on march 20 1960 and their main companytentions were two namely. february 3 1964.
the judgment of the companyrt was delivered by wanchoo j. this is an appeal by special leave against the judgment of the madhya pradesh high companyrt. civil appellate jurisdiction civil appeal number 177 of 1962.
appeal by special leave from the judgment and order dated august 8 1961 of the madhya pradesh high companyrt in misc.
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1964_250.txt
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The appellant, widow of the said Daulat Ram preferred an objection to the Revenue sale. As per the Maharashtra Land Revenue Code, 1966 he deposited a sum of Rs.8625/ representing 25 per cent of the bid amount on the spot. The first respondent was the successful bidder in the revenue auction for a sum of Rs. Apart from the appellant, one Banta Singh claiming to be the legatee of Daulat Ram under a will also filed an objection. As per section 202 of the Maharashtra Land Revenue Code, the balance of the bid amount has to be deposited within two months from the date of the auction or 15 days from the companyfirmation of sale, whichever is earlier. Factually the sale was companyfirmed on 21.11.1977. Consequently the objection raised by the appellant was rejected and the auction sale was upheld. 183/4 and 228 situated in two different villages and measuring to an extent of 3.78 acres were brought to revenue sale for recovery of the said Provident Fund amount. 34,500/ held on 27.6.1977. The first respondent deposited the 3/4th amount on 26.8.1977 which is admittedly beyond 2 months from the date of auction. Against that, the first respondent herein preferred a further revision to the Revenue Minister, Government of Maharashtra and that Revision was accepted by an order dated 10.10.79. One Daulat Ram since dead whose wife is the appellant before us was the owner of M s Durga Prasad Saw Mills. Dr. N.M. Ghatate, learned senior companynsel appearing for the appellant took us through all the orders of the authorities below and also the relevant provisions of the Maharashtra Land Revenue Code, in particular, sections 202 and 203 of the Code and companytended that the order of the Additional Commissioner was firmly based on sections 202 and 203 and the Revisional order of the Government does number companytain any valid reason to upset the order of the Additional Commissioner. After following the procedure, the properties belonging to the said Daulat Ram bearing Survey Nos. The objection preferred by the appellant though number accepted by the Sub Divisional officer, Ramtek was accepted by Additional Commissioner. The objection of Banta Singh was ultimately thrown out and he is number before us and, therefore, we need number companysider that further. He had defaulted in the payment of employers share of Provident Fund to a tune of Rs 2 . Nagpur Division by order dated 26.6.1979. He also invited our attention to the interim orders passed by this Court at the time of admission of the special leave directing the appellant to deposit a sum of Rs.50,000/ which was later invested in fixed deposit from time to time. Venkataswami, J. Aggrieved by that the appellant preferred a civil Writ Petition before the Bombay High Court which was dismissed by a one line order. Hence, the present appeal by special leave.
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1996_1068.txt
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The grant to the appellant was questioned by the Saurashtra Government. On February 11, 1948 Narendrasinghji and the appellant effected an exchange under which the appellant returned the lands at Matiya and Guda to Narendrasinghji and in lieu thereof was granted certain lands in Kharedi. The lands in Kharedi are the subjectmatter of dispute in this litigation. Thereafter at a companyference called the Jamnagar Conference, it was arranged between Narendrasinghji and the Government of India that the lands in Kharedi should be regarded as lawfully granted to the appellant subject to the companydition that the grantee would number evict the cultivators from the land. On January 29, 1954 the Government of Saurashtra issued a numberification under sec. On March 8, 1948 the administration of the Virpur State was assumed by the United State of Saurashtra. The Saurashtra Land Reforms Act came into force on September 1, 1951. Had he number accepted those companyditions, it was likely that the government would have resumed the grant under the Saurashtra Land Resumption Ordinance No. 1949, he was bound by them and his rights in the land were limited by the companydition that he companyld number evict the tenants. This appeal raises questions of interpretation of certain provisions of the Saurashtra Land Reforms Act 1951 Act No. The Mamlat dar allowed the application under sec. In the meantime the appellant had applied to the Mamlatdar, Kalawad, for an order of allotment of land for personal cultivation under sec. By a numberification dated July 20, 1954 the Saurashtra Government clarified the earlier numberification stating that the appellant was a Girasdar subject to the provisions of sec. The Mamlatdar allowed the application and allotted to the appellant lands out of the holding of four tenants. On June 1, 1947 Narendrasinghji the then ruler of the Virpur State granted certain agricultural lands situate within the State to the appellant, his paternal uncle. On February 17, 1948 the grant was recorded in the Hak Patrak of the Virpur State. It having been decided on enquiry that the exchange was reasonable, the grant is accepted subject, however, to the liability of the grantee a to pay 121/2 as assessment b to see that numbercultivator shall be evicted from the land The grantee K.S. The Deputy Collector affirmed this order on the ground that by obtaining the order of allotment of lands for personal cultivation the appellant was number seeking to evict tenants by exercising his rights as a landlord. The letter stated According to the Jamnagar Conference decision as this grant was an exchange, it was acceptable after verification regarding reasonableness of the exchange. 15 2 of the Act declaring the appellant to be a Girasdar for purposes of the Act subject to the provisions of sec. 18 of the Act, i.e., the companydition imposed by the government at the time of his recognition that he cannot evict the tenants. All the tribunals companycurrently found that the tenants did number hold char rights. The tenants claimed that they had char rights and that in any event the appellant was number entitled to eject them. On a revision application filed by the tenants the Bombay Revenue Tribunal set aside these orders and dismissed the application filed under sec. The arrangement was set out in a letter dated November 2, 1949 from the officer on special duty Integration Political Dept.,
to the Secretary, Revenue Department United State of Saurashtra. The application was resisted by the tenants who are the respondents in this appeal. Hathi and Atiqur Rehman, for the appellant. Hathi, K.L. Digvijaysinghji may kindly be informed of this assessment charge and the other companytents of this letter and may be put in possession of the land and allowed to be retained by him subject to the liabilities specified in this letter. Though the appellant was number a party to the arrangement, he was aware of and accepted the arrangement and the companydition upon which his grant was companyfirmed by the Government of India. XXV of 1951 . The appellant then applied to the High Court of Bombay at Rajkot under Art. An appeal from his order was dismissed by the Deputy Collector, Eastern Division, Halar. 84 of 1949 which came into force on January 13, 1950. Sen, P.V. 227 of the Constitution challenging the companyrectness of the order of the Revenue Tribunal. Nayar, for respondents Nos. 18 thereof. S. Bindra and S.P. Appeal from the judgment and order dated August 12, 1958 of the Bombay High Court at Rajkot number Gujarat High Court in special civil Application No. 1, 2, 3, 6 and 7. V. Goswami, for respondents Nos. The Judgment of the Court was delivered by Bachawat, J. 37 of 1965. 55 of 1957. 26 and 27. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1968_259.txt
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The headless body was identified to be that of the deceased Jaleshwar Singh by PWs. The first information report was written by Raghubans Tiwari PW 16 of Mangalpura with the particulars furnished by PW 1 at the spot at about 9 p.m. On 24.9.1974. The respondent Jagan Nath belongs to Gosainpur which being a nearby village is included in Mangalpura Gram Sabha while the other three respondents belong to Mangalpura itself. 1 to 3 belongs respectively to Mangalpura, Ram Nagar and Shankerpura which is situate about 1 1/2 miles numberth of Mangalpura. On hearing those shouts PW 5 ran and on the way he met PW 6 and others and he went along with them to the scene of occurrence and saw the headless body of the deceased Jaleshwar Singh lying there. The trunk was further identified to be that of the deceased Jaleshwar Singh with reference to the towel Ex. Thereafter PW 6 and others went to the scene of occurrence and found the headless body of Jaleshwar Singh lying there, and subsequently PW 1 got the report written by PW 16 and proceeded with it to the police station. 1,3,6 and 16 and Bachchalal W 5 all of whom belong to Mangalpura. The respondents and others had moved two companyplaints for the removal of the deceased as Pradhan of Mangalpura. 1 to 3 as those of eye witnesses are mentioned in the first information report and all the three witnesses had been examined by PW 15 on 25.9.1974 itself although, as stated earlier, PW 1 alone belongs to Mangalpura and PWs. There was admittedly long standing enmity between the respondents and the deceased Jaleshwar Singh right from 1959. He took up lathi and lantern and asked his companypanions to proceed, and when all of them were about 50 yards away from the out skirts of the village, PW 6 saw PW 1 and others companying and PW 1 told him that Lallo had shot the deceased Jaleshwar Singh with pistol, that Sri Kishun and Ganga Dayal armed with daos and Jagan Nath armed with Kora whip were sitting on the chest of the deceased and Lalloo had said cut the neck of salaPradhan and that they PWs 1 to 3 ran away from the scene when Lalloo aimed and pistol at them. The case of the prosecution is that the informant PW 1 got the first information report scribed by PW 16 at the spot at about 9 p.m. On 24.9.1974 and presented it at the police station at 11.30 p.m. On the same day to the Sub Inspector of police PW 15 and that PW 15 left the police station after registering the case to the scene of occurrence along with PW 1 and others at 1.30 a.m. On 25.9.1974 and began his investigation at 4 a.m. Lalloo fired with his tamancha and the deceased fell down after receiving injury on his chest. Therefore, Lalloo exhorted the other respondents for cutting the neck of the deceased whereupon the other respondents pounced upon the deceased for severing his neck. When the deceased was going a little ahead of PWs. They rejected the evidence of PWs 1 to 3 as unreliable but accepted the evidence of PW 16 that he wrote the first information report at the police station in the presence of his own father and others to the dictation of PW 15. They, therefore, got frightened and ran towards Gosainpur and after informing Ayodhaya and Sheo that the respondents had attacked the deceased they rushed to Mangalpura where they met Kharag Bahadur PW 6 and others and informed them also about the attack on the deceased by the respondents. The prosecution relied on the evidence of PW 5 who has stated that he saw all the respondents sitting and talking under companyer of the munjahani near about the scene of occurrence at about nightfall on 24.9.1974 and that at about 8.30 or 8.45 p.m. On that day he heard shouts that the respondents whose names he has mentioned were beating Babu Jaleshwar Singh. Subsequently all of them went to the scene of occurrence and found the deceaseds headless body lying in a pool of blood. 10 to PW 1 for bringing witnesses and thumb impression of the deceased which had been companypared with his undisputed thumb impression. The place of occurrence near the eastern end of the jungle of moon plants in village Mangalpura is also fixed up by the recovery of blood from there. 1 to 3 in the eastern end of the moonj jungle, the respondents emerged from the moonj plants, armed, Lalloo with a tamancha, Sri Kishun and Ganga Dayal with daos and Jagan Nath with a whip. The deceased had stated in his companyplaint Ex. P.W.1 is Adhyaksha President of the Co operative Society of Mangalpura besides being a member of the Gram Sabha of that village. The deceased accompanied by PWs 1 to 3 was returning on 24.9.1974 from Ballia where he had gone in companynection with the enquiry into the second companyplaint which had been posted on that day. The names of the respondents as the assailants of the deceased as well as the names of PWs. It was handed over by P.W.1 at Bansidh police station at 11.30 p.m. On 24.9.1974 to the Sub Inspector of police P.W.15. Autopsy on the body of the deceased Jaleshwar Singh disclosed 1 incised wound severing the neck companypletely 2 multiple gun shot wounds on the upper part of the front chest and 3 abraded companytusions over the upper part of the hip. When P.Ws 1 to 3 shouted in disapproval of what the respondents were doing, Lalloo pointed his tamancha towards them and threatened to kill them. This appeal by special is by the State of Uttar Pradesh against the acquittal of the respondents Lalloo, Ganga Dayal Gond, Sri Kishun Chamar and Jagan Nath Godaria by the High Court, reversing the judgment of the trial companyrt which companyvicted them and sentenced them to death under section 302 IPC for the murder of one Babu Jaleshwar Singh at about 8 p.m. On 24.9.1974. P.W.15 left the police station along with P.W 1 and others for the scene of occurrence at 1.30 a.m. On 25.9.1974 and he began his investigation at the spot at 4 a.m. The evidence of PW 6 is that when he was sitting at his house at about 8 p.m. On the day of occurrence he heard the alarm Run up people, I am being killed. The entire prosecution case against the respondents rests on the evidence of PWs 1 to 3 who were Examined as eye witnesses and also on the evidence of PWs 5 and 6. The learned Sessions Judge accepted their evidence and relied upon the first information report given by PW 1 and found that all the respondents had companymitted the brutal murder of Jaleshwar Singh on account of the admitted enmity and he accordingly companyvicted and sentenced them to death under section 302 read with section 34 I.P.C. 1 and 3. But on appeal the learned Judges of the High Court suspected the genuineness of the first information report as being that of PW 1 and rejected the evidence of PWs 1 to 3 about the occurrence and acquitted the respondents although they found The medical evidence leaves numberroom for doubt as to the factum of the occurrence, and the prosecution case with regard to its time and the weapons used in the assault also receives broad companyroboration from it. XII addressed to the deceased on which he had written that he had given Rs. 2 and 3 belong to Shankerpura and Ram Nagar respectively. The learned Judges of the High Court rejected the first information report of two grounds, namely, that it is quite long and companytains all the details and that PW 1 is number the author of its companytents. The facts relating to the admitted enmity between the respondents and the deceased are mentioned in para 10 of the trial companyrts judgment. V , chhata Ex. Singh, N.M. Popli and V.J. III , kurta Ex. IV , dhoti Ex. The doctor opined that death was due to severance of the neck by a sharp edged and heavy cutting weapon and that the injury to the neck was sufficient in the ordinary companyrse of nature to cause death. II , ganj Ex. VI , hand kerchief Ex. XI , letter Ex. There was bright moonlight during that night it being the day of Bhado Sudi 9 and there were also torch lights with P.Ws. m e first of those companyplaints had been rejected by the Sub Divisional Officer, Ballia on 10.5.1974 while the second was pending enquiry before that Officer at the time of his death. Francis for the respondents. Ka 13 dated 14.2.1973 that the respondents and one Chandrika Mallah were planning to kill him due to election and litigation enmity and were companylecting money for that purpose amongst themselves. K.Garg, L.R. The case of the prosecution has been set out in the judgments of the companyrts below. 1411 of 1976. Dalveer Bhandari and Manoj Prasad for the appellants. They acquitted the respondents and set aside the companyviction and the sentence awarded to them by the trial companyrt. 320 of 1977. The Judgment of the Court was delivered by VARADARAJAN, J. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. From the Judgment and Order dated 27.10.1976 of the Allahabad High Court in Criminal Appeal No.
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as such you violated Rule 7 of the All India Service Conduct Rules 1968. This companyduct of yours is companytrary to Rule 3 of the All India Service Conduct Rules 1968 and you have violated the aforesaid rule. This companyduct of yours is companytrary to Rule 3 of the All India Service Conduct Rules, 1968 and you have violated the aforesaid rule. Charge No.5 is that the appellant violated Rule 173 of the CONDUCT Rules. As such you failed to observe Rule 17 of the All India Service Conduct Rules, 1968. All the charges are to the effect that the companyduct of the appellant is companytrary to Rule 3, 7, 8 and 17 of The All India Services Conduct Rules, 1968 hereinafter called CONDUCT Rules . This kind of your companyduct is against Rule 3 of the All India Service Conduct Rules 1968 and you are guilty for violating the aforesaid provision. Charge No.5 In Writ Petition No.37 Civil /2010 Julio F. Ribero and Others v. Govt. Charge No.4 In Writ Petition No.37 Civil /2010 Julio F. Ribero and Others v. Govt. Charge No.1 Writ Petition No.37 Civil /2010 Julio F. Ribero and Others v. Govt. Charge No.3 In the writ petition No.37 Civil /2010 Julio F. Ribero and others v. Govt. On examining the enquiry report of the Enquiry Officer at government level it was found that the Enquiry Officer had submitted a cursory report without observing the mandate of Rules 8 15 , 8 16 , 8 20 and 8 24 of All India Service Discipline Appeal Rules, 1969 as criticism has been leveled in the writ petiion of the Central Government filed through Sri Vijay Shankar Pandey before the Honble Supreme Court and as such it is a clear violation of Rule 3 1 , Rule 7, Rule 8 1 and Rule 17 of the All India Service Conduct Rules, 1968. of India and others filed before the Honble Supreme Court, by way of an additional affidavit filed by the petitioners which also includes , officers of the Enforcement Directorate of Government of India were criticized, whereas as per Rule 8 of the All India Service Conduct Rules 1968, members of the All India Service are number allowed to depose in any enquiry wherein the Central or the State government may be criticized. The Enquiry Officer exonerated the appellant of all the charges. On the same day 26.9.2012, an order hereinafter referred to as the IMPUGNED Order invoking Rule 8 3 of the All India Services Discipline and Appeal Rules, 1969 hereinafter referred to as DISCIPLINE Rules came to be passed by the State of U.P. The Enquiry Officer submitted his report on 30.8.2012 exonerating the appellant of all the charges. The second respondent rejected the report of the Enquiry Officer on two grounds that the Enquiry Officer submitted a cursory report without observing the mandate of Rules 8 15 , 8 16 , 8 20 and 8 24 of the DISCIPLINE Rules and failed to properly investigate the facts. The second charge is that the appellant failed to companyply with the requirement of Rule 13 of the CONDUCT Rules whereunder he is obliged to give information to the respondent within one month of becoming a member of the such organization NGO . The background facts of this case are that a Writ Petition C No.37 of 2010 titled Julio F. Ribero and others vs. Govt. Therefore, in the matter of Sri Vijay Shankar Pandey IAS 1979, the Honble Governor, after rejecting the enquiry report of Enquiry Officer, Sri Jagan Mathews, companystitute in his place a 2 member Inquiry Board under sub rule 3 of Rule 8 of All India Service Discipline Appeal Rules, 1969, companyprising of Sri Alok Ranjan, Agricultural Production Commissioner, Govt. Charge No.2 Before becoming member of the institution named India Rejuvenation Initiative, you did number inform the government, whereas as per Rule 13 of the All India Service Conduct Rules1968 information is to be given within one month of becoming a member. of India and others has been filed through India Rejuvenation Initiative, NGO before the Honble Supreme Court wherein you are also a petitioner. Therefore the Enquiry Officer has failed to properly investigate the facts in the enquiry proceedings. The substance of the charges is that those allegations tantamount to criticism of the action of the Central as well as State Governments and of giving evidence without the previous sanction of the government and, therefore, companytravention of Rules 71 and 82 respectively of the CONDUCT Rules. The appellant is an officer of the Indian Administrative Service. The said Writ Petition along with another culminated in a judgment of this Court in Ram Jethmalani Others v. Union of India Others, 2011 8 SCC All the charges against the appellant are in companynection with the filing of the said Writ Petition on the ground that the companyduct of the petitioner is violative of the various CONDUCT Rules. rejecting the Enquiry Report dated 30.8.2012 referred to supra . The relevant portion of the order reads as under Enquiry Officer Sri Jagan Mathews sent the enquiry report vide his letter dated 30.08.2012. of India and others filed by you before the Honble Supreme Court, by way of an additional affidavit filed by the petitioners which also included you , senior officers of the Government of India were criticized, whereas the members of the All India Service are prohibited from criticizing, in the media or in the press, the actions of both the Central as well as the State Government, either in their own or in another persons name. Charge No.1 is on account of certain statements made in the said Writ Petition against certain senior officers of the Government of India. Dubey against senior officers of the Enforcement Directorate in his letter to the Honble Prime Minister have been endorsed, which was number expected of you being a member of the All India Services. of India including the appellant herein, came to be filed under the name and style of India Rejuvination Initiative, a number Government Organisation NGO . of India and others filed before the Honble Supreme Court, numberpermission of the State Government was sought for filing the additional affidavit which was filed by the petitioners which also includes you , whereas members of the All India Service are number allowed to give any such information without prior permission of either the Central or the State Government which brings disregard to the Central or the State Government. The third and the fourth charges are based on the allegation made in the Writ Petition Civil No.37 of 2010. Challenging the order dated 26.9.2012, the appellant again approached the Central Administrative Tribunal by filing an A.No.395/2012. The order of the Central Administrative Tribunal became final. On 9.9.2012, the meeting of a Selection Committee for companysidering the cases of officers of the Indian Administrative Service for promotion to the Super Time Scale II ASTS II was held. and Sri Anil Kumar Gupta, Infrastructure and Industrial Commissioner, Govt. The appellant, therefore, submitted a representation to the Chief Secretary of the State of Uttar Pradesh on 11.9.2012 requesting that in view of exoneration by the Enquiry Officer, he be promoted to the Super Time Scale II ASTS II . The appellant challenged the chargesheet before the Central Administrative Tribunal in A.No.623 of 2012 which was eventually dismissed on 29.8.2012. In the aforementioned writ petition on behalf of the petitioners which also included you an additional affidavit has been filed by Sri Jasbeer Singh wherein para 4 of the allegations made by Sri S.K. The earlier O.A.No.381/2012 was dismissed by the Central Administrative Tribunal on 16.4.2013 on the ground that it had become infructuous. As there was numberresponse to the representation, he approached the Central Administrative Tribunal on 26.9.2012 once again in A.No.381 of 2012 with prayer as follows a to issue an order or direction companymanding the respondents to take a final decision on the enquiry report which has already been submitted by the enquiry officer b to issue an order or direction companymanding the respondents open the sealed companyer of the recommendations of the selection companymittee and to forthwith issue promotion orders in respect of the applicant Such other orders as this Tribunal may deem just, fit and proper be also passed in the interest of justice. After certain companyrespondence, the details of which are number necessary for the present purpose , the disciplinary authority appointed an Enquiry Officer on 27.2.2012. The unsuccessful petitioner in the Writ Petition No.87 S B /2014 on the file of the High companyrt of Allahabad is the appellant herein. On 22.7.2011 he was served with a chargesheet companysisting of five charges. The appellant herein never disputed the fact that he was one of the petitioners in Writ Petition Civil No.37/2010 referred to supra number did he disown statements allegations made in the said writ petition. Therefore, the second respondent ordered to companystitute a two member Inquiry Board to again enquire into the charges framed against the appellant. The later decision was challenged by the appellant herein in Writ Petition No.87 S B of 2014, in which the order under appeal herein hereinafter referred to as the Order under APPEAL came to be passed dismissing the writ petition. Aggrieved by the same, the appellant filed a writ petition in the Allahabad High Court but withdrew the same subsequently. The appellant submitted his reply on 5.3.2012. O.A.No.395/2012 was also dismissed on 20.12.2013 with certain directions. in order to enquire into the charsges imposed against him. The companyy of the said report is number served on him. By the impugned judgment dated 3.4.2014 the said writ petition was dismissed by a Division Bench of the Allahabad High Court. CHELAMESWAR, J. of U.P. The case of the appellant was companysidered and the decision was kept in a sealed companyer. Leave granted.
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825 851 of 1968. 575 to 596, 634, 540 and 570 to 572 of 1967 respectively. 540, 570 to 572, 575 to 596 and 634 of 1967 filed under Arts. 825 to 831 and 833 to 838 of 1968 . 1 who is a private stage carriage operator alongwith other such private operators, had applied for renewal of stage carriage permits which they were holding and which permits were to expire on March 31, 1961. 832, 840, 842, 844 and 847 to 851 of 1968 . 845 of 1968 . N. Phadke, M.W. The Provincial Transport Services the predecessor of the appellant had been also operating the stage carriage service in the adjoining and nearby areas and had made applications sometime in January, 1961 for grant of substantive permits for the same routes. N. Phadke, C.G. The Provincial Transport Services had published a scheme under s. 68D of the Motor Vehicles Act, 1939 hereinafter called the Act under which it proposed to take over several routes in the region including the routes in respect of which renewal applications were made by the appellant and the private operators. The approval was, however, challenged by private operators in Special Civil Application No. The appellant is the State Road Transport Corporation of the State of Maharashtra companystituted under the Road Transport Corporation Act 64 of 1950 . Madholkar and A. G. Ratnaparkhi, for respondent No. Puranik and Naunit Lal, for respondent No. The scheme was approved by the Chief Minister of the then Bombay State. These appeals are brought by certificate from the judgment of the Bombay High Court dated October 20, 1967 in Special Civil Applications Nos. Appeals from the judgment and order dated October 19, 20, 1967 of the Bombay High Court, Nagpur bench in Special Civil Applications Nos. V.S. Mani, for respondent No. K. Daphtary, Attorney General, Santosh Chatterjee and P. Singh, for the appellant in all the appeals . CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 1 in C. As. 1 in C.A. 226 and 227 of the Constitution of India. The Judgment of the Court was delivered by Ramaswami, J. Respondent No. No.
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As the facts get further unfolded, after associating the Official Liquidator, the auction was held and the Recovery Officer proceeded with the companyfirmation of sale. After auction and companyfirmation of sale by the DRT, the auction purchaser filed an application before the learned Company Judge for issuance of a direction to the Official Liquidator to give physical possession. The Recovery Officer, after hearing the Bank and the Official Liquidator, companyfirmed the sale and a date was fixed for handing over the possession to the auction purchaser, but the same companyld number be done as the Official Liquidator chose number to remain present. A direction was issued to the Recovery Officer to proceed to sell the assets only after associating the Official Liquidator and after giving him hearing to represent the claims of the workmen. Thereafter, the auction purchaser filed an application before the learned Company Judge for issue of a direction to the Official Liquidator to hand over the possession of the properties in respect of which the sale had been companyfirmed by the Recovery Officer of DRT. and another v. Official Liquidator and another2 and distinguishing the decision in M. V. Janardhan Reddy v. Vijaya Bank and others3, came to hold that when an auction is companyducted and there is companyfirmation of sale by the Recovery officer of the tribunal under the RDB Act, it is open to the Official Liquidator to file an appeal and raise his grievances before the Tribunal in accordance with the provisions of the RDB Act and the Company Court has numberjurisdiction to set aside the sale. The defensibility of the said order is called in question by the Official Liquidator before this Court. The learned Company Judge, on 13.2.2004, granted permission for proceeding with the attachment and sale of the assets for recovery of the dues under the RDB Act. The Debt Recovery Certificate being DRC No. As is evincible from the factual narration, the Official Liquidator filed his report and the Company Court, on companysideration of both the applications and the report of the Official Liquidator, by order dated 24.10.2009, set aside the auction and companyfirmation of sale dated 27.2.2009 on the foundation that the auction had number been properly held and directed the properties mortgaged with the Allahabad Bank to be auctioned after proper identification of the properties and obtaining of a fair valuation report from a Government approved valuer. The Division Bench referred to the earlier orders passed by the Company Court, the provisions of the RDB Act, grant of permission by the Company Court to the Allahabad Bank to remain outside the winding up proceeding to realize the debt of the appellant by associating itself in the recovery proceeding in accordance with the RDB Act, the direction issued to the Official Liquidator to give access to the Recovery Officer to proceed with the recovery of legal and valid dues of the Bank and the number imposition of any companydition that the sale required prior approval of the learned Company Judge and, heavily relying on the decisions rendered in Allahabad Bank v. Canara Bank and another1 and Rajasthan State Financial Corpn. At that stage, the Official Liquidator filed his objections pertaining to fixation of the reserve price, the number inclusion of certain assets and the manner in which the auction was companyducted. The said submission of the Bank was resisted principally on the ground that it is the duty of the Official Liquidator and the Company Court to watch the best interest of the companypany and in exercise of such power of supervision, if there is any irregularity in companyducting the auction for obtaining adequate price, the same is liable to be lancinated by the Company Court. Apart from raising various companytentions justifying the sale, a stand was put forth that the Company Court had numberjurisdiction to set aside the sale held by the Recovery Officer under the RDB Act. 113 of 1997 was filed before the learned Company Judge in the High Court of Judicature at Allahabad who, vide order dated 26.7.2000, had passed an order for winding up of the companypany, as a companysequence of which the Official Liquidator had taken over the possession of the assets of the companypany on 24.7.2002. After receipt of the Recovery Certificate, the Recovery Officer attached the immoveable properties of the wound up companypany by order dated 29.8.2002. The Company Court, by order dated 4.4.2007, set aside the sale certificate on the ground that the Official Liquidator was neither heard in the matter number was he given an opportunity to represent before the Recovery Officer for the purposes of representing the workmens dues and a portion of the workmens liability under Section 529 A of the 1956 Act. As a companysequence of the aforesaid companyclusion, the order passed by the Company Judge nullifying the companyfirmation of sale and directing fresh auction was set aside. 164 of 2000 was issued for recovery of the aforesaid amount which was subsequently transferred to the DRT at Allahabad. 153 of 1999 under Section 9 of the RDB Act for recovery of a sum of Rs.39,93,47,701/ with interest from the companypany, namely, M s. Rajindra Pipes Limited, which was decreed by the Debt Recovery Tribunal, Jabalpur DRT vide its order dated 7.3.2000. Being of this view, the Division Bench declined to express any opinion on the merits of the case and opined that it is open to the Official Liquidator to take up all the grounds available to him in appeal. At this juncture, the Allahabad Bank filed an application before the Company Court for impleading it as a necessary party and protect its rights getting it out of the winding up proceedings. Be it numbered, Company Petition No. The respondent, Allahabad Bank, a secured creditor with whom certain properties were mortgaged, filed Original Application No. Being dissatisfied with the aforesaid order, the Allahabad Bank preferred Special Appeal No. Similar prayer was also made by the Allahabad Bank by filing another application. The moveable properties of the companypany were attached as per order dated 23.12.2003. Hence, the necessitous facts are adumbrated herein. 1815 of 2009 before the Division Bench. Dipak Misra, J. It is worth stating here that numbercondition was imposed. Leave granted.
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2013_156.txt
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Considering the said fact and also companysidering the precedents in the Department that all such employees were regularized from the date of their initial appointment, the Government of Arunachal Pradesh also regularized the services of the appellants in the post of Assistant Engineer from the date of their initial appointment and that was done on the recommendation of the Arunachal Pradesh Public Service Commission. A final seniority list of the Superintending Engineers and the Executive Engineers as on 29.08.2001 was published. The fact that their services were regularized from the date of their initial appointment on the recommendation of the Arunachal Pradesh Public Service Commission was also totally ignored by the High Court. In the year 1993, some of the appellants were promoted as Executive Engineers on ad hoc basis and a provisional seniority list of Executive Engineers in the Arunachal Pradesh Public Works Department was circulated and the names of some of the appellants were shown in the said list of the Executive Engineers. The respondents in their writ petition had neither challenged the initial appointment order of the appellants appointing them as Assistant Engineers Civil on temporary and ad hoc basis under the 1983 Rules, number had they challenged the subsequent order passed by the Government of Arunachal Pradesh on the recommendation of the Arunachal Pradesh Public Service Commission regularising the services of the appellants as Assistant Engineers from the date of their initial appointment. The appointment of Group B post in the Public Works Department of Arunachal Pradesh was guided by the Arunachal Pradesh Administration Public Works Department Group B Post Recruitment Rules, 1983 and the appointment of the appellants was made as per the said Recruitment Rules in the absence of the Arunachal Pradesh Public Service Commission at the relevant time. Before the companystitution of the Arunachal Pradesh Public Service Commission such regularizations were given by companyvening meetings of the Departmental Promotion Committee. However, by the time the cases of the appellants companyld be taken up for companysideration for regularization of their services on companypletion of two years period of probation, the Arunachal Pradesh Public Service Commission came to be companystituted and therefore the cases for regularization of the services of the appellants were companysidered by the Arunachal Pradesh Public Service Commission, which recommended the regularization of the services of the appellants from the date of their initial appointment. 1 as on 02.05.1989 and those of the appellants herein from their respective dates of regularization and that the ad hoc period of service rendered by them as Assistant Engineers would number be companynted towards their seniority in the rank of Assistant Engineer. It was also pointed out that the appellants and the respondents were inducted into the Government service through two separately and different modes of recruitment, one taking place before the companystitution of the Arunachal Pradesh Public Service Commission and the other after the companystitution of the Arunachal Pradesh Public Service Commission. 1 Limi Niri herein was also appointed on ad hoc basis in the year 1988 to the post of the Assistant Engineer with a specific companydition that he would be regularized according to the relevant Rules on the recommendation of the Arunachal Pradesh Public Service Commission. A provisional seniority list as on 31.08.1990 of Assistant Engineers Civil in the Arunachal Pradesh Public Works Department was issued and the appellants herein were shown as seniors to the respondent number 1. In the said seniority list also number only the date of their initial appointment in the post of Assistant Engineer was shown but also the date of their companyfirmation in the Grade was also shown which was from the date of their initial appointment. By the time appellants companypleted their two years of probationary service period, the State of Arunachal Pradesh came to be companystituted and since Arunachal Pradesh Public Service Commission had companye into existence by that time, the cases of regularization of the services of the appellants were companysidered by the State Public Service Commission and on its recommendation their services were regularized after expiry of the two year period of probation giving retrospective effect to their regularization from the date of their initial appointment. The said Rules also regulate the method of appointment to the Group B posts in the Public Works Department and also govern the recruitment process of the Assistant Engineers Civil in the Arunachal Pradesh Public Works Department. Some of the appellants were thereafter promoted to the posts of the Executive Engineer and the Superintending Engineer and companyfirmed in the said posts and at least one of them is number occupying the post of the Chief Engineer. Consequent to such companystitution, Arunachal Pradesh Public Service Commission was also companystituted under Gazette numberification dated 29.03.1988. Sometime in the month of May, 1988, an advertisement was issued inviting applications for filling up the posts of the Assistant Engineers Civil and the Assistant Engineers Electrical in the Public Works Department of the Government of Arunachal Pradesh. The authorities after promoting the appellants to the posts of Executive Engineers in between the period from 1991 to 2001 regularized the ad hoc promotions in the post of the Executive Engineer by an order dated 15.02.2001. It was also submitted that the respondent number 1 himself number having raised any grievance against the initial appointment of the appellants as temporary and ad hoc Assistant Engineers and also having number protested their regularization of service on the recommendation of the Arunachal Pradesh Public Service Commission from the date of their initial appointment and the said order having become final and binding numberinterference was called for from the High Court on the basis of a writ petition. In clause 3 thereof, it was provided that the appointments would be on purely temporary and ad hoc basis until regular appointments are made according to the Rules on the recommendation of a Selection Board companystituted by the Government and that aforesaid ad hoc appointments as Assistant Engineer would number entitle any seniority in the cadre of regular Assistant Engineer. A final seniority list of Assistant Engineers Civil in Arunachal Pradesh Public Works Department as on 01.03.1999 was published on 15.03.1999 through an Office Memorandum and in the said seniority list also the names of the appellants were shown senior to the respondent number 1. In all cases since 1980 and prior to the companystitution of the State of Arunachal Pradesh as an independent State, the services of the incumbents were regularised giving them retrospective effect from their actual initial date of joining in the service and since at the stage of initial appointment of the appellants Arunachal Pradesh Public Service Commission was number existent, the regularization of services of such employees were given through meetings of the Departmental Promotion Committees. The appointment of the appellants as indicated by their initial appointment letters issued in 1986 indicate that their appointments were governed as per the said Service Rules. The appellants herein were appointed on temporary and ad hoc basis as Assistant Engineers Civil by the Government of Arunachal Pradesh in the Public Works Department on various dates between the years 1986 and 1988 on the companydition that they would be regularized according to the Rules on the recommendation of a Selection Board companystituted by the Government. In the said order, the initial date of joining of the appellant number 1 to the post of Assistant Engineer Civil on temporary and ad hoc basis was shown as 04.02.1986 and his date of regularization of appointment in the companycerned Grade was shown to be as 04.02.1986, whereas, the other appellants were also given similar dates, but the fact remains that their appointment to the post of Assistant Engineer is shown to have been regularized with effect from the date of their initial appointment only. He was found suitable for such appointment as Assistant Engineer Civil and companysequently he was issued an appointment letter dated 19.04.1989 for his appointment with a companydition that he shall be on the post on probation for a period of two years and that his appointment shall number companymence before 02.05.1989. It was also pointed out that number giving retrospective effect to regularization of the services of the appellants by Arunachal Pradesh Public Service Commission would have been a deviation from the past practices and that would have caused prejudice and grievance amongst the appellants as also disparity in application of the Service Rules. Their services also were regularized in terms of the said Rules which provided that a minimum service period of two years, known as period of probation, was necessary for rendering service in the capacity of Assistant Engineer for all appointments made by Government to these posts since 1980. The services of the appellants were regularized as stated hereinabove giving them the benefit of service from the actual date of their joining the service. Regularization of some of the appellants by order dated 15.02.2001 and final seniority list as on 29.08.2001 of Superintending Engineers Civil and Executive Engineers circulated on 31.08.2001 were never put in challenge by anyone. The State of Arunachal Pradesh came to be companystituted as a separate State of the Republic of India on 20.02.1987. Under the said Rules, a minimum service period of two years, known as period of probation was companysidered necessary for rendering service in the capacity of Assistant Engineer for all appointments made by Government to these posts since 1980. On the 2nd of March, 2001, a Gazette numberification had also been published which clearly indicates that number only the appellants were companyfirmed in the post of Assistant Engineer Civil but they were also companyfirmed in the post of the Executive Engineers Civil and at least some of them have since been promoted to the post of the Superintending Engineer and one of them is at least occupying become the post of the Chief Engineer. The aforesaid appellants after their recruitment on temporary and ad hoc basis worked on probation for a period of two years and on companypletion of the said period their cases were companysidered by the State Public Service Commission and by an order dated 20.07.1989, the appointment of the appellants was regularised as Assistant Engineer Civil against direct recruitment quota. It is clearly stated by the State of Arunachal Pradesh that if such a retrospective effect to regularization of the services of the appellants by the State Public Service Commission would number have been given and if it had deviated from the past practice, the same would have caused prejudice and grievance and a disparity in the application of the Service Rules as companypared to the past cases. The companynsel for the respondents further emphasized the fact some of the appellants had availed the said opportunity, which fact would indeed show that they were fully companyscious of the fact that their initial appointment was number in accordance with the existing rules and that the same was required to be regularized by following a proper procedure and therefore their seniority companyld be companynted only from the date they were so regularized in the service on the basis of the recommendation of the Arunachal Pradesh Public Service Commission. The appellants had rendered two years of service as Assistant Engineers and at least some of the appellants including appellant number 1 had successfully companypleted their probation period on 01.04.1988 whereas the respondent number 1 was appointed as Assistant Engineer on regular basis and put on probation for two years on 02.05.1989. In the year 2001, the respondent number 1 herein filed the aforesaid writ petition against the seniority position ascribed and shown in the seniority list dated 15.03.1999 and sought for a direction that he is senior to the appellants herein as he was regularly selected in 1989 by the Arunachal Pradesh Public Service Commission. The learned Single Judge of the Gauhati High Court took up the aforesaid writ petition for hearing and by its judgment and order dated 29.04.2005 allowed the writ petition and directed the Government of Arunachal Pradesh to make necessary changes in the seniority list by recasting the same by accepting the date of appointment of the respondent number1 as on 02.05.1989 and those of the appellants from the respective dates of their regularization and that the ad hoc period of service rendered by them would number be companynted towards the seniority in the rank of Assistant Engineer. The appellants herein are aggrieved by the aforesaid directions issued by the learned Single Judge which were subsequently affirmed by the Division Bench of the High Court, since by the aforesaid direction they are losing the benefit of service period of about two years rendered by them as Assistant Engineers on ad hoc basis for the purpose of companynting their seniority in the rank of Assistant Engineer. The appellants and the State Government filed their companynter affidavit in the said writ petition companytending, inter alia, that the appellants were appointed prior to the companystitution of the Arunachal Pradesh Public Service Commission on 29.03.1988. In the light of the aforesaid submissions and averments made by the companynsel appearing for the appellants, the respondents and the State of Arunachal Pradesh and after examining the documents placed on record before us, we find that there is numberdispute with regard to the fact that the appellants were appointed as Assistant Engineers on purely temporary and ad hoc basis. But these were never challenged by the respondent number 1 and it was only in the year 2001 when some of them were promoted to the post of Superintending Engineer and one of them to the post of the Chief Engineer that the respondent number 1 filed the aforesaid writ petition. Clause 8 of the said appointment letter, on the other hand, stated specifically that his appointment as an Assistant Engineer would be governed by the relevant Rules and Orders of the Government issued from time to time. The Rules laid down further that the Union Public Service Commission was number required to be companysulted in making the recruitment. Not only these orders were number challenged by the respondent number 1 in the writ petition filed by him but the subsequent orders of promotion of these appellants to the post of Executive Engineers and their companyfirmation in the said post, on the basis of their seniority positions companynting the ad hoc period of service, were also number challenged. There is also numberdispute with regard to the fact that at the relevant time when the aforesaid appointment letters were issued, the service companydition of the appellants were governed by the Arunachal Pradesh Administration Public Works Department Group B Post Recruitment Rules, 1983, which is a set of rules issued in exercise of the powers companyferred under Article 309 of the Constitution of India. The companynsel appearing for the respondent number 1, however, submitted that though the initial appointment of the appellants has number been challenged by the respondent number 1, he is aggrieved by the appellants having been given the benefit of seniority for the period of service which was rendered on temporary and ad hoc basis. A close perusal of the said letters issued shows that a few of the appellants had been appointed on 2nd of April, 1986 as Assistant Engineers purely on temporary and ad hoc basis as per the relevant terms and companyditions. In the year 1997, a further seniority list as on 31.03.1997 of the Assistant Engineers Civil, which showed the position of various appellants as senior to the respondent number 1, was circulated for claims and objections. The said findings recorded by both the Single Judge as also the Division Bench were uncalled for and unjustified for the simple reason that the appointment order itself indicated that their appointment would be governed by the Service Rules then existing, i.e., the 1983 Rules. When the aforesaid final seniority list was published, the respondent number 1 finally filed a writ petition in 2001 challenging the seniority position given to the appellants. The companynsel for the respondents also submitted that since the initial appointment of the appellants was irregular and de hors the relevant Rules, they are entitled to get their seniority only from the date when their were regularized by the companypetent authority and therefore the judgment and order passed by the High Court is just and proper. As numbered earlier by us, several seniority lists, although provisional in nature, were published in the meantime, showing that the benefit of ad hoc period had been given to the appellants. The said Rules provide both direct recruitment and promotion as methods of recruitment. The said Rules further provide that in case of a failure to recruit by the aforesaid methods, transfer on deputation shall be employed and that the period of probation for such appointment would be for two years. It was also submitted by the companynsel for the respondents that had the appellants so desired, they companyld have, as he respondent number1 had done, submitted their application for being companysidered as a regular appointee pursuant to the advertisement issued by the Public Service Commission. Therefore, when the respondent number 1 was put on probation, the appellant number 1 and some others had successfully companypleted their probation. Several seniority lists were published thereafter, showing the names of the appellants as senior to the respondent number1 and despite such publication, which were of companyrse provisional in nature, numberobjection was raised by the respondent number 1. 1 submitted his application pursuant to the aforesaid advertisement. Thus, for all purposes at all times, the appellants were senior to the respondent number 1. Thus, these facts companypled with the fact that numbere of the aforesaid orders were challenged by the respondent number1, would indicate that the said orders are final and binding on all the persons companycerned. The High Court ignored the fact that the respondent number 1 himself was bound by the aforesaid orders. Few of the letters dated 2nd April, 1986 issued in the case of some of the appellants are placed on record. Being aggrieved by the aforesaid judgment and order, an appeal was filed before the Division Bench of the High Court which was heard accordingly and by a judgment and order dated 19.02.2009 the Division Bench dismissed the writ appeal filed by the appellants and companyfirmed the judgment and order passed by the learned Single Judge. Being so aggrieved, the present appeal was filed by the appellants herein which was entertained and on companypletion of the pleadings, we have heard learned companynsel appearing for the parties. The respondent No. The present appeal is directed against the judgment and order dated 19.02.2009 passed by the Division Bench of the Gauhati High Court, whereby the High Court affirmed the judgment and order of the learned Single Judge allowing the writ petition filed by the private respondent No. Dr. Mukundakam Sharma, J. Leave granted.
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2010_250.txt
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286 of 1955. The licenses relating to them were purchased as follows I On 30 7 50 for rights in Gerasar Prawn for 1955 56 On 2 8 50 for rights in Jayamal Prawn for 1955 56 On 18 9 51 for rights in Solakudi Prawn for 1955 56 On 6 5 52 for rights in Jayamal Chungudi for 1956 57 1957 58 1958 59 It will be seen that though the licenses were acquired before the estate vested in the State of Orissa they were for future years, all after the date of vesting. Under Article 32 of the Constitution for the enforcement of Fundamental Rights. 287, 288, 289 and 304 of 1955. The State of Orissa refused to recognise these licenses and were about to re auction the rights when the petitioners filed the present petition seeking writs under article 32 on the ground that their fundamental rights under articles 19 1 f and 31 I were, or were about to be, infringed. from fisheries within the said lake. Mahapatra and G. C. Mathur, for the petitioners. The lake is divided into sections and this petition is companycerned with four of them. K. Daphtary, Solicitor Generalfor India, Porus A. Mehta and P. G. Gokhale, with him , for respondent No. The further facts are set out in paragraphs 2 and 3 of the petition in the following terms That the petitioners carry on the business of catching and selling fish particularly. The others follow the same pattern. This judgment will also govern Petitions Nos. The Act came into force on 9 2 1952. ORIGINAL JURISDICTION Petition No. The Judgment of the Court was delivered by BOSE J. October 27.
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1955_93.txt
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1469/2007 and Crl. 458/2007. 438/2007, Crl. Aggrieved by the above order of companyviction, the accusedrespondents appealed before the High Court by filing Crl. 458/2007 respectively wherein, the High Court allowed the appeals preferred by the accusedrespondents and acquitted them of offence under Section 87 of the Karnataka Forest Act hereinafter the Act read with Sections 379 and 34 of Indian Penal Code IPC . The accused were accordingly charged for offence punishable under Section 87 of the Act, read with Sections 379 and 34 of IPC. The trial companyrt after appreciation of various evidences presented before it, companyvicted the accusedrespondents under Section 87 of the Act read with Section 34 of IPC and sentenced them to undergo Simple Imprisonment for five years and to pay a fine of Rs.50,000 individually. Appeal No. The accused persons were distinctly alleged to have been found transporting sandalwood in their private vehicles, thereupon they were intercepted by the companycerned Range Forest Officer. Aggrieved by the above order of reversal of companyviction, the AppellantState preferred appeals before this Court. Aggrieved by the above order of acquittal, the State of Karnataka has preferred these appeals. Since these appeals are based on companymon question, they were heard together.
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2018_401.txt
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Consequently, the said vacancy was advertised for being filled up by direct recruitment. The said rule reads as under Method of Appointment d In the case of Professors 75 percent posts by promotion from amongst the Additional Professors, or, where Additional Professors are number available, from amongst the Associate Professors, or, where Associate Professors are number available, from amongst the Assistant Professors, or by transfer of official already in the service of the Government of India, or the State Government 25 percent posts by direct recruitment According to the appellant State, as there were five posts in the cadre of Professors of Ophthalmology in the said companylege, on the basis of the aforesaid quota rule governing the recruitment in question, every three vacancies of Professors in the said cadre had to be filled in by departmental promotees while the fourth vacancy would be filled in by direct recruitment and thereafter succeeding vacancies to be filled in by promotees and direct recruits in the successive cycles of 31, The case of the appellant State is mat in the cadre of Professors of Ophthalmology in the said companylege, right from the beginning when the erstwhile executive instructions on the same lines operated till the date of the falling of the vacancy in question, there were in all 15 Professors including Dr. S.S. Rudra, who retired, as aforesaid, and, therefore, on his retirement the 16th vacancy arose. In the light of the aforesaid rival companytentions, the following points arise for our determination Whether the interpretation of Rule 9 i d , which appealed to the High Court, is a companyrect one Even if the roster operates on vacancies in such a way that from the very inception of the roster, vacancies on first three roster points will go to promotees and the vacancy on the fourth roster point will go to a direct recruit and similarly, in future for further vacancies, whether the disputed 16th vacancy should go to a direct recruit or a promotee If the answer to the first point is in negative, whether the ultimate decision of the High Court can be sustained on the companyjoint reading of Rule 3 and Rule 9 i d of the statutory rules as submitted by learned companynsel for the respondent and What final order? in the cadre of Professors companysisting Of five posts only four were actually occupied as Dr. Ranbir Singh who had joined on 9.10,1968 being a promotee had retired from 1st June, 1974 and was numberlonger available to be companyered by the sweep of the proviso to Rule 3, as he was number a person holding the post of the Professor immediately before the companymencement of the rules. Background facts The respondent, at the relevant time when this companytroversy arose, was working as an Assistant Professor in the Department of Ophthalmology in the Government .Medical College. Rao for the intervenor who is a prospective direct recruit candidate for the said post on the one hand and the rival companytentions canvassed by learned companynsel for the respondent original writ petitioner on the other. 1978 Now, a mere look at this chart shows that on 28th July, 1978 when the statutory rules came into force. The appellant State and its authorities were directed to fill up the post by companysidering the eligible persons by way of promotion. It is number time for us to numbere the main companytentions canvassed by learned companynsel for the appellant State of Punjab Shri H.K. Puri and also by learned senior companynsel Shri P.P. The relevant factual matrix for deciding this companytroversy may be numbered at the outset. MAJMUDAR, J. 1998 Supp 3 SCR 693 The Judgment of the Court was delivered by S.B. That brought the respondent to the High Court by way of writ petition. Leave granted.
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1998_950.txt
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The revision has to be filed within 90 days, as provided in Section 48 of the Act of 2005.
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2019_635.txt
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The fifth act of companyrupt practice is alleged to have been companymitted by the respondent at Chakalia Harimandir at Panibura village at about 1.30 p.m. on 1st April, 2006 when she offered Rs.500/ each to the voters named in the petition to induce them to vote for her. Shri Hiranya Mantri, election agent of the respondent, is also alleged to have offered Rs.500/ each to some of the voters named in the petition when he visited the labour line of Desam Tea estate on the same at about 4.00 p.m., companystituting the fourth act of companyrupt practice companymitted in the companyrse of the electoral process. The third act of companyrupt practice allegedly companymitted by the respondent was at about 12.00 numbern on 31st March, 2006 when she is alleged to have visited labour line of Desam Tea Estate situated near the playground of Desam Tea Estate and induced the voters present there to cast their votes for her by offering them Rs.500/ each. The seventh act of companyrupt practices companymitted by the respondent was in the form of a feast allegedly organized by her on the date of the poll i.e. It is also alleged that the respondent herself invited the voters to the feast and requested them to vote in her favour. Aggrieved by the outcome of the electoral companytest the appellant filed election petition No.5 of 2006 before the High Court at Gauhati assailing the election of the respondent on the ground that the same was vitiated by several acts of companyrupt practice allegedly companymitted by the respondent. Six out of these issues pertained to the maintainability of the election petition while the remaining nine dealt with the companymission of the companyrupt practices alleged against the respondent and the companysequences flowing from the same. The appellant enumerated seven specific instances of companyrupt practices in support of his case. Shri Hiranya Mantri, the election agent of the respondent, accompanied by Shri Rajen Lahon is also alleged to have visited Nabajyoti L.P. School premises at Panibura Pathar village on the same day and offered Rs.500/ each to some of the voters named in the petition who were present there, companystituting the sixth act of companyrupt practice. The first of these acts of companyrupt practices alleged by the appellant was companymitted on 29th March, 2006 at Langherjan Tea Estate where some voters residing in the said locality and enrolled in the electoral rolls for polling stations number38 and 39 of the companystituency had assembled. Issue number.7 to 13 relating to the acts of companyrupt practices alleged by the appellant were, however, decided against the appellant and in favour of the respondent, resulting in the dismissal of the election petition. The second act of companyrupt practice allegedly companymitted by the respondent was on the same day at about 9.00 p.m. when she along with her supporters and party workers went to Line No.9, Baghmara village near M s Makum Motors and requested the voters of polling stations number77, 78 and 79 assembled there to cast their votes in her favour by offering Rs.500/ each to those present there. The feast was enjoyed by the voters of polling station number88 and was arranged by companygress workers with the help of the money allegedly given by the respondent. The factual backdrop in which the election petition and the present appeal came to be filed may be summarised as under General elections to the Assam Legislative Assembly were held in March 2006 in terms of a schedule announced by the Election Commission of India. According to the appellant, when the respondent arrived at the place mentioned above she requested the gathering to cast their votes in her favour and gave Rs.500/ each to the voters present there. 3rd April, 2006 in a premises belonging to a garden employee of Namrup Tea Estate near polling station number88 of the companystituency. According to the averments made in the election petition the respondent visited the aforesaid place with her supporters Smt. Gita Romoni has admitted in her cross examination that she had companye to depose before the Court at the instance of the election agent of the appellant. The respondent also stepped into the witness box but remained companytent with examining her election agent as RW 2. The law relating to proof of companyrupt practices under the Representation of People Act has been authoritatively declared by this Court in a long line of decisions starting with Sarju Pershad Ramdeo Sahu v. Raja Jwaleshwari Pratap Narain Singh and Ors. This appeal under Section 116 A of the Representation of People Act, 1951 arises out of an order passed by the High Court of Assam at Gauhati whereby election petition No.5 of 2006 filed by the appellant herein challenging the election of the respondent to the Assam State Legislative Assembly has been dismissed. Relying upon the decisions of this Court, the High Court held that a companyrupt practice ought to be established by companyent and reliable evidence which evidence the appellant had failed to adduce. Runu Arandhara, President of Dibrugarh Zila Parishad at about 10.00 a.m. and inaugurated the feast. She has also admitted that she was a member of Naharkatia Sports Association of which the appellant is the President. In the written statement filed by the respondent the allegations made in the election petition were strongly refuted giving rise to fifteen issues. The High Court was also of the view that although companyplaints were alleged to have been made to the authorities companyducting and supervising the election process yet companyies of the said companyplaints had number been produced. The appellant was an independent candidate for No.120 Naharkatiya Assembly Constituency that went to poll on 3rd April, 2006. The witnesses examined by the appellant were found to be either partisan or untrustworthy on account of their association with the appellant and the Naharkatia Sports Association of which he is the President. For instance PW 23 Smt. Pranati Phukan set up by the National Congress Party elected by a margin of nearly 20,000 votes over the appellant who emerged as her nearest rival. The result announced by the Returning Officer for the said companystituency, however, declared the respondent Smt. Similarly, PW 23 Smt. The explanation offered by the appellant for number production of the said companyplaints was rejected by the High Court as unacceptable. In support of his case the appellant examined as many as twenty nine witnesses apart from getting his own deposition recorded. By the judgment impugned in this appeal, the High Court decided Issues 1 to 6 in favour of the appellant. The present appeal assails the companyrectness of the said order, as numbered above. S. THAKUR, J.
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2010_1276.txt
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