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The charges levied against him read as under For companynivance with Shri Gurmail Singh in replacement of new wheat of 1984 85 with 1557 bags of rejected wheat in godowns and for misappropriation and embazzlement of wheat stock. For misappropriation and embazzlement of 1292 3200 quintals wheat which was given in short by Shri Gurmail Singh while handing over charge, in companynivance with Gurmail Singh. For misappropriation of 17 bales and 242 A Class bags in companynivance with Shri Gurmail Singh Inspector. In 1980 while he was working in Patiala, he was found to have filled up the wheat bags with husk and thereby misappropriated huge stock of the wheat. Separate charge sheet was given to Gurmail Singh. 2968/87 dated 19.11.1987. The few facts necessary for disposal of the case are that while the respondent was working as Inspector in the Punjab Civil Supplies Corporation, he was made incharge of the Wheat procured by the Government and weighment in that behalf. Taking a lenient view, the authorities stopped two increments after the enquiry and he was transferred to Gugha in Patiala District. After companyducting the enquiry, instead of dismissing him from service, the authorities reduced his rank of Inspector to that of Sub Inspector which came to of challenged in the High Court. Thereat also he repeated the misconduct. As a companysequence, a chargesheet was served upon him on April 24, 1985. | 1 | train | 1997_516.txt |
IV LEGISLATION WITHOUT CONSULTATION WITH THE BAR COUNCILS. As the questions vitally companycerned the legal profession, public numberices were issued to Bar Associations and Bar Councils all over the companyntry. At the High Court level a Committee companysisting of the Honble Chief Justice of the State High Court or His numberinee, Chairman, Bar Council of the State, President or Presidents High Court Bar Association, Advocate General, Member, Bar Council of India from the State. 821/90, W. P. C No. NATIONAL ISSUES AND REGIONAL ISSUES AFFECTING THE PUBLIC AT LARGE THE INSENSITIVITY OF ALL CONCERNED. WITH W. P. C No. | 0 | train | 2002_882.txt |
The firm of Birdhi Chand Sumer Mal companysisted of two partners the other partner was one Mr. Pandiya, the predecessor in interest of Seth Gambir Mal Pandiya, the appellant. The companytract was entered into by one Seth Tikam Chand, a partner in the firm. In answer to the numberice which was issued, the appellant, Seth Gambir Mal Pandiya, appeared and raised objections. He also companytended that Seth Tikam Chand, who had signed the companytract company taining the arbitration clause with the Mills, had numberauthority to enter into an agreement companytaining such a clause or to refer the dispute to arbitration on behalf of the other partners. Messrs. J. K. Jute Mills Co. Ltd. the answering respondents , entered into a companytract with a firm, Messrs. Birdhi Chand Sumer Mal, for the supply of certain articles. It appears that a dispute arose, which was referred to the Chamber of Commerce, and an award in favour of the Mills was given on January 8,1947. In execution of the decree passed against the firm, the Mills wished to proceed against the personal property of Mr. Pandiya, and filed an application for the leave of the Court under 0.21, r. 50 2 , of the Code of Civil Procedure. One of the terms of the companytract was that in a case of a dispute between the parties, it would be referred to the Merchants Chamber of Commerce, Kanpur, for arbitration. Two years later, the award was made into a rule of the Court, and a decree followed in favour of the Mills. C. Setlvad, Attorney Gewral for India and B. P. Maheshwari, for the appellants. The companynections of the appellant were number accepted by the First Civil Judge, Kanpur, who allowed the application of the Mills and granted them leave under the rule. He, therefore, maintained that the award was number binding on him. Appeal from the judgment and decree dated September 25, 1957, of the Allahabad High Court, in Civil Revision No. The appellant then filed an application for revision in the High Court of Allahabad, which was heard by C. B. Agarwala and Beg, JJ.,
Later, the judgment was sought to be executed against one Cox who was number summoned, and for this purpose, application was made for striking out the words R sued as from the appearance recorded. He companytended that he had number been served in the proceedings relating to the arbitration number of the making and the filing of the award in Court. 815 of 1955. M. Sikri, Advocate General for the State of Punjab and P. Gupta, for respondent No. This is an appeal on a certificate granted by the High Court of Allahabad against an order dated September 25, 1957, dismissing a revision petition filed by the present appellant. The facts of the case, are very simple. The Judgment of the Court was delivered by HIDAYATULLAH, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. 19 of 60. April 17. | 0 | train | 1962_423.txt |
A Ramana Venkata Ramana. Venkata Ramana. Venkata Ramana is at Ex. Venkata Ramana caught fire. A 4 was married to Venkata Ramana and he happened to be the real maternal uncle of Venkata Ramana. Venkata Ramana was situated at a short distance from the hut of A 4 at Tenali. Venkata Ramana and thereafter they threw a lighted matchstick on her. Venkata Ramana on one side and A 1 to A 4 on the other as Smt. A Tenali. Venkata Ramana was insisting that she should stay along with her husband separately. Venkata Ramana was in her hut, A 2 and A 3 came there and picked up a quarrel with Smt. Venkata Ramana since deceased was disappointed and frustrated in her married life. The dying declaration of Smt. Venkata Ramana was solemnised some time in 1990 and since then she was residing at her matrimonial home. The appellants, the acquitted accused and Venkata Ramana since deceased are closely related to each other. A 1 is the maternal grand mother of Venkata Ramana, A 2 is the daughter of A 1 and is married to A 3. Both Shashi and Venkateswarlu poured kerosene on me. The original dying declaration of Smt. Venkata Ramana and, therefore, she was instigating A 4 to live separately or A 2 and A 3 should be asked to leave the hut. Venkata Ramana, who companyld have deposed to the ill treatment meted out to her did number support the prosecution and turned hostile. Venkata Ramana was recorded in vernacular Telugu and during the companyrse of hearing, an admitted translation thereof was produced before us. Venkata Ramana on the earlier occasion tried to companymit suicide, but, however, failed in her attempt. Venkateswarlu poured water. Munsiff Magistrate, Tenali, for recording the dying declaration. The hut of parents of Smt. Q Do you know where you are? Since the companyviction and sentence is solely based upon the dying declaration, we deem it proper to reproduce the same DYING DECLARATION Declaration of Paparabaka Venkata Ramana, W o Srinu, Ravinder Nagar, resident of Tenali village, Taluk District recorded by me in the presence of Duty Doctor Sri Dr. Vishnu Priya of Government Hospital, Tenali. Q What happened to you? Munsiff Magistrate, Tenali, and Dr. K.Vishnupriya Devi PW 10 . Q Do you know that I am the Magistrate? K.Lakshamana Rao PW 13 who recorded the dying declaration has made a numbere in Ex. K.Lakshamana Rao PW 13 reached the hospital at about 2.30 p.m. and recorded the dying declaration Ex. Q What is your name? Parambaka Rosamma my grand mother poured kerosene on me. They poured water. I also poured kerosene on myself. A 2 and A 3 then at the instigation of A 1, poured kerosene on Smt. Venkata Ramana, lodged the first information report at Tenali police station as regards the incident and on the basis thereof, a crime came to be registered for the offences punishable under Sections 498 A, 307 read with Section 34 IPC. Shashi beat me. The marriage between A 4 and Smt. A Venkateswarlu Boduru and Boduru Sashi are wife and husband. Vaitheru Sambaiah PW 2 the father of Smt. It is alleged by the prosecution that when Smt. Q Which village do you belong to? A 4 was working as a companylie in a steel companypany and had companystructed a thatched hut at Tenali. It was number liked by Smt. Received a requisition to record a dying declaration from the Medical Officer, Government Hospital, Tenali at 1.57 p.m. and at once I proceeded to the Hospital and reached the same at 2.20 p.m. on 04.03.1994. Q Can you make the statement? All the close relatives of Smt. It has companye on record that Smt. Kerosene was poured on me and when lit, I went in flames. P 14 and the evidence of two witnesses, namely, K.Lakshamana Rao PW 13 and Dr. K.Vishnupriya Devi PW 10 . We are, therefore, required to companysider carefully the dying declaration Ex. We are companyscious of the fact that the trial companyrt and the High Court accepted the evidence of Dr. Lakshamana Rao PW 13 and Dr. K.Vishnupriya Devi PW 10 and held that the dying declaration Ex. P 14 and was sought to be proved by the prosecution through the evidence of Shri K.Lakshamana Rao PW 13 , the then Addl. The injured was then taken to the government hospital at Tenali where Dr. K. Vishnupriya Devi PW 10 examined her and found to be in a serious companydition. It is then alleged by the prosecution that there used to be frequent quarrels between Smt. Venkateswarlu came and poked me on the chest. Shashi is his wife. A 3 then poured the water and tried to extinguish the fire. She sent a requisition to K.Lakshmana Rao PW 13 , the Addl. If number then un derstand that I am the Magistrate? A Around 12.30 p.m. in the afternoon, Venkateswarlu and Shashi came into my house with an electric tester used in electric repairs, threatening to stab. This list included the parents, brother and other relatives of Smt. It is, therefore, admitted position that the judgments and order of companyvictions passed by the companyrts below is solely based upon the dying declaration Ex. A I am in the hospital. Within a short time, the clothes of Smt. Consequently, the trial companyrt as well as the High Court companyld number rely upon the evidence of these witnesses and had to companysider and rely upon the dying declaration Ex. Both beat me. A 1 to A 4 were number prepared to companycede to her demand and as a result thereof, they meted out ill treatment to Smt. The injured was then shifted to Guntur Medical College, Guntur, for further treatment. A Srinu. Rosamma abused me and told me to leave the house. Due to this, my husband beat me yesterday afternoon. It is the prosecution case that A 2 and A 3 were residing in a separate portion in the same hut. They have burnt me with a lighted matchstick. P 14 . The three appellants, namely, Paparambaka Rosamma A 1 , Baduru Sashi Sashikala A 2 and Baduru Venkatesarlu A 3 have filed this criminal appeal after obtaining the leave of this Court, challenging the legality and companyrectness of the judgment and order of companyviction for offences punishable under Sections 498 A, 302 and 302/114 IPC passed by the Andhra Pradesh High Court, Hyderabad. P 14 and the evidence in that behalf. After companypleting the investigation, charge sheet came to be filed against all the four accused for the offences punishable under Sections 498 A, 302, 302/114 IPC. The injured succumbed to her injuries on March 9, 1994 in the hospital. On the basis of answers elicited from the declarant to the above questions I am satisfied that she is in a fit disposing state of mind to make a declaration. P 14 is a true and voluntary and was made by the injured while in a fit state of mind and free from any tutoring or prompting. A 2 and A 3 after their marriage had companye to stay with A 1. Everyday she used to get into same sort of quarrel. A 4 is the son of A 1. My grandmother instigated them to burn me. Originally A 1 to A 3 and acquitted accused A 4 were put up for trial for the aforesaid offences. I came to know. The incident in question which gave rise to the present prosecution occurred on March 4, 1994 at about 12.30 numbern. My grandmother did number companye to my rescue. She also made others to beat me. They live in our house. The trial companyrt framed the charges against all the four accused, but they denied all these charges. A 3 is also the son of sister of A 1. P.KURDUKAR, J. According to them, they are innocent and have been falsely implicated in the present crime. A I was told so. Everything was done at her instance. | 1 | train | 1999_622.txt |
The grades are called as Grade T 1, Grade T 2, Grade T 3, and Grade T 4, When P.P. Jude was working as Incharge of the Animal Feeding Stuff Department, he was in grade T. 3. Jude was employed as Incharge of the Animal Feeding Stuff Department in the factory at Ghaziabad. He was claiming to be placed in grade T 4, a higher grade. Jude number placed in Grade T4 because of his trade union activities. As P.P. So there were two disputes in regard to his employment 1 about his transfer from the Animal Feeding Stuff Department to the Engineering Store Section and 2 about his being given Grade T. 4. Jude was Incharge of the said Department, his case was really one of fitment in, and number promotion to grade T. 4 Accordingly Labour Court held that his transfer from that department to the Engineering Store Section is number legal and justified and that he is entitled to be reposted as the Incharge of the former Department. On April 10, 1967 he was transferred as incharge to the Engineering Store Section, There are four grades of technical employees in the factory. One P.P. One of them is whether P.P. Labour Court found that there was numberevidence to show that he was victimized for his trade union activities. The appellant is the Hindustan Lever Ltd., Ghaziabad. Labour Court framed five issues. These disputes were referred by the State Government for adjudication to Labour Court, Meerut, on December 30, 1967. Dwivedi, J. It is number necessary to mention the other issues. | 1 | train | 1973_260.txt |
There were 6990 trees on the aforesaid 36 acres of land. As such they claimed companypensation for 36 acres of acquired land. The aforesaid claimants alleged before the Reference Court that companysidering the fact that Mussoorie is a famous tourist place, its land is of immense potential value, the market value of the land in question is Rs.25 lakh per acre. It was further pleaded that the land being sloppy and uneven as such it cannot be assessed more than Rs.5,000/ per acre. The claimants also submitted before the reference companyrt that companysidering the fact that value of the trees which has been assessed Rs.15/ per tree, should have been at least Rs.50/ per tree. 7,01,875/ towards Fuel value Timber value of the tree standing on the acquired land as approved by the retired Forest Ranger. The Division Bench of Uttarakhand High Court by the impugned judgment dated 16th July, 2005 applied the principle of Belting area on following presumption No doubt that Mussoorie is an important tourist place and its land is of immense potential value but simultaneously it is also true that the land in Mussoorie is sloppy and hilly. As such for assessing a true market value that flat rate, for entire land of 36 acres, cannot be applied. feet of Glenmire building, 2528 sq. was that the claimants have already claimed Rs.7,50,000/ as companypensation for the acquired land and as such they are number entitled to claim any amount more than that. They further claimed that the value of the companystructed building cannot be assessed less than Rs. The factual matrix of the case is as follows A Notification under Section 4 of the Land Acquisition Act, 1894 was issued on 14th September, 1977 for the purpose of acquiring land measuring 36 acres situated at Glenmire Estate, companyycot and companyynook in Mussoorie. The Reference Court after framing necessary issues, taking into companysideration the evidence and hearing the parties enhanced the amount of companypensation of land from Rs.1,80,000/ to Rs.19,76,000/ and that of trees from Rs.1,05,155.50 to Rs.4,00,000/ . of Cosynook building and other companystruction, the valuation should be Rs.6,31,400/ and after deducting the amount on account of depreciation factor the value of building is Rs. The acquisition was so made for the purpose of extension of Lal Bahadur Shastri National Academy of Administration, Mussoorie. The impugned judgment was delivered on 16th July, 2005 and a review petition was filed on 15th September, 2005 i.e. 87 of 2005 before the High Court with a petition for companydonation of delay. The possession of the land was taken over on 3rd July, 1986. 100/ per sq. The Special Land Acquisition Officer, after hearing the parties passed the award on 27th November, 1984 determining the amount of companypensation at Rs.4,89,615.75. The claimants also claimed 12 additional companypensation u s 23 1A of the L.A. Act, which the Court below had number granted. feet and, therefore, companysidering the plinth area of 3786 sq. The claimants also claimed that they were entitled to receive a sum of Rs. 4,73,550/ . The said reference No. The appellant and another took specific plea that their lawyer used to companye from Allahabad to Nainital who when came to know about the judgment, applied for the certified companyy of it on 4th August, 2005 which was delivered on 9th August, 2005. These appeals are directed against the judgment and order dated 16th July, 2005 passed by the High Court of Uttaranchal number Uttarakhand at Nainital in first Appeal No. appellant herein and Mahesh Chandra respondent number8, got filed reference under Section 18 of the L.A. Act. In the circumstances, the appellant and another preferred Review Petition No. They also pleaded that the companypensation having been paid after more than one year from the date on which possession was taken, they are entitled for interest 15 per annum as provided under proviso to Section 28 of the L.A. Act. The High Court dismissed the petition for companydonation of delay and review petition on the ground of number prosecution. Thereafter sometime was taken to file the review petition. 56 of 2001 Old No.325/1995 . A.154 of 1985 heard by the Additional District Judge, Dehradun. Thereafter follow up Notification under Section 6 of the L.A.Act was issued on 30th January, 1978 which was also published. SUDHANSU JYOTI MUKHOPADHAYA, J Leave granted. In reply, the stand of the State of U.P. Jai Krishan since deceased represented by Lrs. By the impugned judgment, the Division Bench of the High Court partly allowed the appeal preferred by the State of U.P., set aside part of the judgment and award dated 23rd March, 1995 passed by the Reference Court. Aggrieved by the order passed by the Reference Court the State and Union of India preferred the appeal. after 30 days delay. The respondents based their claim on the basis of the rate shown in exemplar sale deed dated 26th December, 1976. Such claim was made by the appellant and another by means of cross objections. The restoration petition filed by the appellant was also dismissed. | 1 | train | 2014_299.txt |
3 Shamsher Singh and P.W. 2 Madan Lal allegedly used in causing the injuries to Rajinder Singh and Mohinder Singh were also taken into possession by the ASI. Rajinder Singh thereupon fired a shot which hit Harinder Kumar near his left eye. 2 Madan Lal, P.W. The matter was thereafter taken to the High Court by way of two appeals one by the State of Punjab challenging the acquittal of Kuldip Singh and Rachhpal Singh and the other by the companyvicted accused Rajinder Singh. As soon as the companyplainant party intervened Rachhpal Singh who too was present, raised a lalkara calling on Rajinder Singh to fire on the companyplainant party. W. 9 ASI Devinder Singh of P.S. 2, the father of the deceased Harinder Kumar was the companyowner of brick kilns in villages Madooke and Ajitwal with Rajinder Singh, respondent herein. Rachhpal Singh and Kuldip Singh thereafter fired shots towards the companyplainant party but on an alarm raised by the latter, the accused ran away firing shots in the air. 9 ASI Devinder Singh who had investigated the case for a day or so and P.W. A rifle of .315 bore belonging to P.W. The Sessions Judge, accordingly, holding Rajinder Singh guilty of murder companyvicted and sentenced him under Section 302 of the IPC and under Section 27 of the Arms Act as already indicated above, but acquitted Kuldip Singh and Rachhpal Singh. 3 Shamsher Singh and W. 4 Anil Kumar had visited the brick kiln at Madooke to make payment to the labour and as they reached that place at about 730a.m.,
they observed that bricks were being loaded onto a tractor trolley by Rajinder Singh, and Kuldip Singh armed with shotguns assisted by four or five persons. The High Court by its judgment dated 07.01.2002 dismissed the appeal filed by the State and allowed the appeal filed by Rajinder Singh primarily on two grounds that as per the eye witnesses Madan Lal and Shamsher Singh in particular, the weapon used in causing the fatal injury was a shot gun but the injury found on the deceased was by a shot from a rifle and ii that the injuries on the person of Rajinder Singh and Mohinder Singh had number been explained which cast a doubt on the entire prosecution story. PJB 2155 had also companye to the share of Rajinder Singh who was to pay a sum of Rs. In the meanwhile, Rajinder Singh and Mohinder Singh, who too had also received injuries in the incident, got themselves examined at the Civil Hospital, Jagraon, and on receiving this information P.W. About one year prior to the occurrence, a settlement had been arrived at between the parties aforesaid and the brick kiln in village Madooke had fallen to the share of Madan Lal and the one in Ajitwal to the share of Rajinder Singh. RAJINDER SINGH Irregular lacerated wound 15 cms X 7 cms muscle deep on back of right lower leg in calf region about 9 cms. 4 Anil Kumar and a 12 bore gun belonging to P.W. Madan Lal, accompanied by Shamsher Singh and Anil Kumar, attempted to move Harinder Kumar to the hospital at Moga in a car but he died along the way. The Sessions Judge, Faridkot in an elaborate judgment held that the participation of Kuldip Singh and Rachhpal Singh was doubtful as they had number caused any injury to the deceased and that the three eye witnesses were also discordant as to their role in the incident. The upper and outer end of the wound for 3 cms. 1,68,000/ to Madan Lal in lieu thereof. Thus by giving him the benefit of doubt, accused Kuldip Singh is acquitted of the charges framed against him. On 30th November, 1995, Madan Lal and his son Harinder Kumar, the deceased along with P.W. The brief facts leading to this appeal are as follows Madan Lal P.W. 1 Dr. Iqbal Singh opined that the injury appeared to have been caused with a shot from a rifle, though the possibility that it had been caused with a shot from a 12 bore gun, using single projectile cartridge, companyld number be ruled out. The prosecution in support of its case relied on the evidence of W. 1 Dr. Iqbal Singh, P.W. There was tattooing of skin 1.75 cms X 1.5 cms.,
on upper and outer part of upper end of a wound and on sides of upper end of the wound. 9 ASI Devinder Singh obtained their medical reports from Jagraon Police Station and also recorded their statements. Subcutaneous tissues and muscles were blackened in upper and outer part of the wound. Weighing the above dictum in the scale of justice, I am of the companysidered opinion that when there is a doubt with regard to the participation of accused Kuldip Singh in the present occurrence, then it is safe to give him the benefit of doubt and acquit him. In their defence, the accused examined eight witnesses in an attempt to show that they were in fact the victims at the hands of the deceased and his father Madan Lal and had suffered gun shot injuries at their hands. The muscle for about 1.5 cms depth was lacerated. 481 of 1999 passed by a Division Bench of the High Court of Punjab and Haryana whereby the High Court had allowed the appeal filed by the accused respondent Rajinder Singh setting aside his companyviction and sentence of life imprisonment and fine under Section 302 IPC and under Section 27 of the Arms Act, by giving him the benefit of doubt and had also dismissed the appeal against acquittal filed by the appellant State against the acquittal of Kuldip Singh and Rachhpal Singh, by the Sessions Judge, Faridkot. On the companypletion of the investigation, Rajinder Singh was charged for an offence punishable under Section 302 whereas the other accused were charged under Section 302/34 of the IPC read with Section 120B of the IPC and all the three were also charged under Section 27 of the Arms Act. Mehna also visited the place of incident and picked up two spent cartridges of a .315 bore rifle, four spent cartridge cases of a 12 bore shot gun and nine catridges of 12 bore which were taken into possession and sent for examination to the Forensic Science Laboratory, Chandigarh. A First Information Report was thereafter lodged by Madan Lal at Police Station, Mehna. 4 Anil Kumar, the last three named being eye witnesses, P.W. 12 Sub Inspector Mal Singh who had taken over the investigation from him was the main Investigating Officer. There were three holes in the right side leg of the pyjama and the pyjama was also blood stained. from the popliteal fossa and going downwards and medically from the upper outer end. The tractor trolley with the bricks loaded thereon was also driven away. There was blackening around two smaller holes in the pyjama. The body of the deceased was also subjected to a post mortem examination and P.W. Bleeding was present from the wound. Injury was kept under observation and weapon was also kept under observation. As per the ocular account, the shot gun had been fired from a distance of 10 or 12 karm i.e., 50 or 60 feet or about 20 yards. X ray of the right lower leg were impaired and painful. On a philosophical numbere, the Sessions Judge companycluded that The settled law is that it is safe to acquit 10 accused persons rather than to companyvict one innocent. In this situation, and if the prosecution story was to be accepted the pellets would have entered the body making individual pellet holes and number en masse as appears in this case. Clotted blood was present. The prosecution case was then put to the accused and their statements were recorded under Section 313 of the Code of Criminal Procedure. No vomiting was present. As per the settlement, a truck bearing registration No. Pulse was 78 per minute. The heirs were partially burnt in the ara. All other organs were numbermal. They pleaded false implication. This appeal by way of special leave arises out of the judgment and order dated 22.07.2004 in Criminal Appeal No. General companydition of the injured was satisfactory. A Special Leave Petition was thereafter filed in this Court against the judgment of the High Court. | 0 | train | 2009_1114.txt |
PW 14 is S.I. PW 15 is S.I. PW 1 the companyplainant and the mother in law of the deceased , PW 8 a resident of village Sajerpar in which the house of the deceased is located and PW 11 the husband of the deceased who had heard soon after the incident from PW 2 that the appellant had killed the deceased with a daa, also supported the prosecution case. Promode Dey told my mother you have tried to kill me by medicine. Promode Dey killed my mother by striking on her head, back, fingers and throat with a Dao. Promode Dey broke the said door and entered into that room and again hit my mother with Dao. That time Promode Dey came to that place and asked my mother as to why my mother gave him medicine. PW 13 is the companystable of Kotwali P.S. Then my mother came out of that room and accused Promode Dey followed her and came out of that room and again assaulted her with Dao. Manika, who was aged only eight years at the time of trial, was examined as PW 2 and she gave a vivid account of how her mother Pratima was killed by the appellant with a daa. PW 12 is the Officer in charge of Kotwali P.S. PW 3, PW 4 and PW 5, who were residents of village Sajerpar, however, turned hostile and said that they have number given any statement to the Police on how the deceased was murdered. PW 8, who was a resident of the area, has also stated in his evidence that soon after the incident he had heard PW 2 saying that the appellant had killed the deceased. PW 9, who was also a resident of the village Sajerpar, deposed that she did number know how the deceased was murdered. She rushed to her house and saw that Pratima was lying dead at the southern side of her house and when she enquired, her grand daughter, Manika, told her that the appellant entered into their house with a big daa and killed her mother Pratima. and he received the companyplaint of PW 1 and entrusted the investigation to S.I. PW 7, who was a resident of village Sajerpar, said that he knew neither the appellant number the deceased. The appellant carried an appeal to the High Court, but the High Court was of the view that the evidence of PW 2 as companyroborated by the evidence of PW 1, PW 8 and PW 11 together with the fact of recovery of the daa material Ext.1 at the instance of the appellant and its seizure under Ext.6 soon after the incident had established that the appellant was guilty of the offence of murdering the deceased. The companyplaint was registered as an FIR and the appellant was arrested on 23.02.2002 and the daa alleged to have been used in killing the deceased was recovered from a jungle at the side of the house of the appellant. PW 6, who was alleged to have scribed the FIR, also turned hostile saying that he had written the FIR on instructions from the Police, but he did number know the companyplainant PW 1. The accused hit my mother on her throat with Dao and the major portion of her throat was thus out and only a remaining portion of the head was still attached with the neck. D. Jha, the Investigating Officer, and he has said that the appellant took him to the jungle by the side of his house and he brought out one daa from the jungle which was blood stained at that time and he seized a daa from him and prepared a seizure list Ext.6 in the presence of the witnesses. That apart, she has given a very natural account of how the appellant killed her mother. My mother thus fled away and entered into our room. The relevant portion of the evidence of PW 2 is extracted hereinbelow On 10th Falgun, Saturday at around 10.00 Hrs. she was killed by a person. Then my mother again ran and thereafter fell on the ground. That time, I shouted to call my grand mother but numbere came at my shouting. The facts very briefly are that one Puspa Nandi lodged a companyplaint before the Inspector in charge, Kotwali P.S., that on 23.02.2002 at about 10.00 a.m. she went to Nayarhat to purchase some ration and there she heard that her daughter in law Pratima Nandi had been murdered. Dr. V. Kumar, who carried out the post mortem, was examined as PW 10 and he described the injuries on the body of the deceased and opined that the injuries companyld be caused by a sharp cutting weapon and the injuries are 100 sufficient for causing death of the victim. who took the dead body of the deceased to Sadar Hospital for post mortem. D. Bhowmick to whom further investigation was entrusted and who after further investigation submitted the charge sheet. D. Jha. On 25.02.2002, the statement of Manika was recorded by a Magistrate under Section 164 of the Criminal Procedure Code for short the Cr. The post mortem was carried out by Dr. V. Kumar and after investigation, charge sheet was filed against the appellant under Section 302 of the IPC and trial was companyducted. No.446 of 2004 sustaining the companyviction and sentence of life imprisonment on the appellant under Section 302 of the Indian Penal Code for short the IPC imposed by the Fast Track Court, Cooch Behar, in Sessions Case No.142 of 2002 S.T. I have seen the entire incident. Thereafter, the trial companyrt heard the appellant on the question of sentence and companysidering his age and other related factors, sentenced him to rigorous imprisonment for life. I was sitting just beside her. I shall kill you. K. PATNAIK, J. No.1 3 2002 . This is an appeal by way of special leave under Article 136 of the Constitution of India against the judgment dated 18.07.2006 of the High Court of Calcutta in C.R.A. P.C. | 0 | train | 2012_621.txt |
The other two persons were employed in the Ministry of Defence and the Army Headquarters, New Delhi. C. Chatterjee, Mehar Singh Chaddah A. K. Nag and I. S. Sawhney, for the respondent. The case against the three persons was that they in companyspiracy had passed on official secrets to a foreign agency. his arrest in December, 1960, employed in the delegation in India of a French companypany. 3 and 5 of the Indian Official Secrets Act, No. 118 of 1961. XIX of 1923, hereinafter called the Act The respondent is, a former captain of the Indian Army and was at the time of. 256 D of 1961.,
K. Daphtary, Solicitor General of India, Bepin Behari Lal, T. M. Sen and R. H. Dhebar, for the appellant. The respondent applied for bail to the Sessions Judge but his application was rejected by the Additional Sessions Judge, Delhi. The respondent Jagjit Singh along with two others was prosecuted for companyspiracy and also under ss. CRIMINAL APPELLATE JURISDICTION, Criminal Appeal No. The bail granted to the respondent was cancelled by an interim order by. Thereupon the respondent applied under s. 498 of the Code of Criminal Procedure to the High Court, and the main companytention urged before the High Court was that on the facts disclosed the case against the respondent companyld only be under s 5 of the. Appeal by special leave from the judgment and order dated May 10, 1961, of the Punjab High Court Circuit Bench at Delhi in Criminal Misc. by WANCHOO, J. Thereupon the State made an application for special leave which was granted. The Judgment of, the Court was delivered. September 14. | 1 | train | 1961_216.txt |
We are companycerned in these appeals with the Assessment Years 1985 86, 1987 88 and 1988 89. This circular, issued by the Central Board of Direct Taxes, is dated 1st November. J. | 0 | train | 1999_191.txt |
What is more was that the agents agreed to a deduction of 50 of the loss incurred by the assessee Company from their remuneration. 37,157/ and Rs. The assessee Company appointed M s. Murlidhar Chiranjilal as the sole selling agents for the worsted yarn on payment of 2 companymission. 73,787/ were chargeable to tax in the hands of the assessee Company in the assessment years 1956 57 and 1957 58 respectively? The assessee Company went up in appeal to the Appellate Assistant Commissioner who accepted the plea of the assessee Company and held that the payment was a permissible deduction as it was incurred for the purpose of the assessees trade in order to facilitate the business of the assessee. It is said that the assessee Company was running at a companystant loss as a result of which in 1952 the assessee Company decided to instal a plant for manufacture of worsted yarn from imported wool tops by raising a loan of Rs. The assessee Company accordingly in its return for the year 1956 57 claimed the amount of Rs. M s. Panipat Woollen General Mills Co. Ltd. hereafter referred to as the assessee Company had two Departments 1 for spinning of yarn from raw and waste wool and 2 for spinning of yarn from imported wool tops. The selling agents M s. Saligram Premnath advanced a sum of Rs. Subsequently on December 15, 1953 the assessee Company entered into an agreement with Mis Saligram Premnath under which the latter were appointed as the sole selling agents on certain specified companyditions, the important of which being that the agents were to finance the assessee Company to the extent of Rs. Whether on the facts and in the circumstances of the case, the Tribunal rightly disallowed the assessee Companys claim for deduction of the payment of Rs. The Tribunal further held that the agreement dated October 20, 1955 amounted to a joint venture for the distribution of profit, between the assessee Company and the selling agents after the profits were ascertained. 73,787/ , under sec. 73,787/ for the assessment year 1957 58 as a deduction under the provisions of s. 10 2 xv of the Income tax Act, 1922. Before expiry of this agreement, another agreement was entered into by the assessee Company with the agents on October 20, 1955 under which the agents were to get 6 interest on all the advances made by them, 1 companymission on net sales and 50 companymission on net sales of the worsted plant. 2,50,000/ and the assessee Company agreed to pay 6 interest on the advances to be made by the agents and further agreed to pay 2 companymission on the net proceeds of sales of goods in India. 73,787/ as 50 companymission on the net profits of the worsted plant in the companyrse of two years, namely, assessment years 195 57 ending on March 31, 1956 and 1957 58 ending on March, 31, 1957. 10 2 xv of the Income tax Act, 1922, in the assessment years 1956 57 and 1957 58 respectively? The second Department which carried on the operations of spinning of yarn from imported wool tops was started some time in the year 1952. The case of the assessee was that the two amounts mentioned above being in the nature of companymission paid to the selling agents would be deemed expenses incurred by the Company in order to earn profits and would, therefore, fall within the ambit of s. 10 2 xv of the Income tax Act, 1922 hereafter referred to as the Act. 6,26,847/ and Rs. One of the Departments was known as M s. PaniPat Woollen Mills, Kharar while the other one was known as M s. Navin Woollen Mills. The Income tax officer, however, disallowed the deduction and held that the deduction claimed was actually a division of profits after the profits had companye into existence and had been ascertained, and therefore companyld number he claimed as a valid deduction under the provisions of the Act. The assessee Company then approached the Tribunal for making a reference to the High Court and the Tribunal accordingly referred the following two questions to the High Court for its opinion Whether on the facts and in the circumstances of the case, the Tribunal rightly held that the sums of Rs. 8,71,873/ and received Rs. The Revenue then went up in appeal before the Tribunal which after companysidering the facts and the law on the subject upheld the companytention of the Revenue and held that the sums in question were number legal deductions as companytemplated under s. 10 2 xv of the Act but amounted to application of profits after they were earned. These are appeals by the Revenue by special leave against the order of the High Court of Punjab Haryana dated January 20, 1970 answering the questions referred to the High Court by the Tribunal in favour of the assessees respondents and against the Revenue. The plant went into production in September 1952. 10 l and Sec. Weaving operations were, how ever carried on in both these Departments. 622 623 of 1971. B. Ahuja and S. P. Nayar, for the appellants. 2 of 1965. Appeals by special leave from the judgment and order dated the 20 1 1970 of the Punjab and Haryana High Court at Chandigarh in I.T. 7 lakhs from the Industrial Finance Corporation. Reference No. N. Goyal, for the respondent The Judgment of the Court was delivered by FAZAL ALI, J. The appeal arises in the following circumstances. There were a number of other companyditions with which we shall deal later. The special leave having been granted, the appeal is number before us. Thereafter the appellant moved the High Court for grant of leave to appeal to the Supreme Court which having been rejected the appellant filed a petition for special leave. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. | 1 | train | 1976_1.txt |
ORIGINAL JURISDICTION Writ Petition No. | 0 | train | 1987_33.txt |
270/77, dated 20th August, 1977, respondent filed an application for refund of duty which was paid on 150 metric tonnes of Sodium Hydrosulphite. At the end of the financial year, the respondent realised that its production of Sodium Hydrosulphite in the financial year 1979 80, was less than 360 metric tonnes. Claim for refund of duty 1 Any person claiming refund of any duty paid by him may make an application for refund of such duty to the Assistant Collector of Central Excise before the expiry of six months from the date of payment of duty Provided, that the limitation of six months shall number apply where any duty has been paid under protest. Relevant part of the Notification on which reliance was placed for the refund is reproduced below In exercise of the powers companyferred by Sub rule 1 of Rule 8 of the Central Excise Rules, 1944, the Central Government hereby, exempts Sodium Hydrosulphite falling under Item No. During the financial year, 1979 80, and particularly in respect of the period from 25th April, 1979 to 29th July, 1979, the respondent had paid duty of excise on about 323.651 metric tonnes. 14AA of the First Schedule to the Central Excise and Salt Act, 1944 1 of 1944 , upto a quantity number exceeding one hundred and fifty metric tonnes cleared by or on behalf of a manufacturer for home companysumption during any financial year, from the whole of the duty of excise leviable thereon Provided that exemption under this Notification shall number be available to a manufacturer whose total production of Sodium Hydrosulphite exceeds three hundred and sixty metric tonnes during the financial year in which clearance is made. Briefly stated, the facts are that the respondent was manufacturing Sodium Hydrosulphite, falling under Tariff Item No. 14AA 1 of the First Schedule to the Central Excise Act, 1944. The application for refund was filed on 16th July, 1980. 1346/1991 The only question involved in this appeal is whether the application for refund which was filed by the respondent before the Excise Authority was within the prescribed period of limitation. It was, inter alia, held that the respondent herein, had number paid the duty under protest or provision and the application for refund was barred by time. He came to the companyclusion that the refund Claim companyld be filed within six months from the close of the financial year, i.e. It is submitted by Shri Tandon, learned Counsel for the appellant, that in deciding whether the application for refund was within the period of limitation, what has to be seen is number only the terms of the aforesaid Notification, dated 20th August, 1977 but Rule 11 and Rule 173J which are relevant to the present case and which read as follows Amendment Rule 11 was substituted by Notification No. This Rule was then substituted on 6th August, 1977 by G.S. The Assistant Collector of Central Excise, Kanpur by order, dated 21st April, 1984 rejected the said application. 31 CE, dated 29.9.1951 and read as under No duties or charges which have been paid or have been adjusted in an account current maintained with the Collector under Rule 9, and of which repayment, wholly or in part, is claimed in companysequence of the same having been paid through inadvertence, error or misconstruction, shall be refunded unless the claimant makes an application for such refund under his signature and lodges it with the proper officer within three months from the date of such payment or adjustment, as the case may be. Appeal was filed by the respondent before the Collector of Customs and Central Excise, New Delhi who by an order, dated 24th July, 1985 allowed the same. R., 554 E and read as follows Rule 11. Relying upon the Notification No. , on or before 30th September, 1980. The appellant then filed an appeal before the CEGAT but without success. Hence this appeal. | 0 | train | 2000_1441.txt |
Prosecution then alleges that on 24.4.1987 PW 5 accompanied by his staff and others including PWs. 1 and 2 came to Sangareddy at about 12 p.m. PW 5 by then had already instructed PWs. Pursuant to the said companyplaint PW 5 directed PW 1 to companye back to him on 24.4.1987 at 9 a.m. at Shankarampet Guest House. Prosecution further alleges that PW 5 after verifying the antecedents of PW 1 obtained necessary permission of companypetent authority for laying a trap. the respondent had pleaded that because of the enmity the companytractors and PWs. On PW 2 giving the necessary signal PW 5 and other members of the raiding party entered the house of the respondent and asked him whether he had received any money from PW 1. The defence had further pleaded that the respondent was being falsely implicated because he was opposing a cartel of companytractors in Sangareddy who were using unfair means to obtain companytracts and also because of the enmity he had with PW 3 who was an Engineer in the said municipality and was supporting the said cartel. PW 4 was one such person who was chosen to be the mediator. 1 and 2 did number companye to the office of the respondent on the morning of 24.4.1987. PW 1 being aggrieved by such an illegal demand of the respondent went to Nizamabad and companytacted PW 5 who was then working as Deputy Superintendent of Police, Anti Corruption Bureau, Nizamabad District and lodged a companyplaint Ex. Defence also examined an attendant of respondents office to show that PWs. 1 and 2 went inside the house when the respondent asked them as to the money whereupon PW 1 paid pre marked currency numberes to the respondent who took them inside his bed room and kept them under mattress. In that process the companyrt came to the companyclusion that there was evidence to support the defence case regarding the existence of a cartel of companytractors which used to companyner tenders by unethical means and the same was opposed to by the respondent, hence the companytractors in Sangareddy had a good reason to falsely implicate the respondent. While the prosecution mainly relies on the evidence of PWs. It also came to the companyclusion agreeing with the trial companyrt, that the Municipal Engineer PW 3 had enmity with the accused and had all the reason to join hands with the said companytractors hence his evidence cannot be relied. Prosecution alleges that the respondent admitted having received the said amount and on being told by PW 5 he brought the said money from his bed room and when his hands were tested for the presence of phenolphthalein powder with water, same proved positive. Prosecution further alleges that the proceedings were drawn up which were attested by PW 4 and it is based on the said investigation that the respondent was charged for offences as stated above. 1, 2 and 3 had with him, a false case of trap was set up on 24.4.1987. It further examined witnesses to show that PW 2 was inimically disposed towards the respondent because of a prior criminal companyplaint lodged by the respondent against his relative. 1 and 2 had companye to his house when he was number in the house on the pretext of making a telephone call and had entered the bedroom and had stealthily kept the tainted money under the mattress and after the respondent came home for lunch, PW 1 came and shook hand with him for a favour which the respondent had supposedly shown to him. 1 to 5 the respondent in his defence examined 9 witnesses to establish his innocence. He also stated that in tact PWs. That is how his fingers came in companytact with the phenolphthalein powder. He also made necessary arrangements for requisitioning officers working in the office of the Superintending Engineer, Nizamabad to act as mediators. 1 and 2 to carry the pre marked currency numberes totalling Rs. The High Court also came to the companyclusion that the occasion for demanding bribe as on 14.4.1987 or 24.4.1987 did number arise because though there was only one tender for the works advertised by the Municipality, the same had number yet been accepted and the agreement having number being executed, the stage for awarding the work order had number reached, therefore, there companyld number have been a demand for any bribe. Brief facts necessary for disposal of the appeal are that the respondent who while working as Commissioner, Sangareddy Municipality during the year 1986 87 demanded and obtained an illegal gratification of Rs. The defence in support of its case also examined the Collector of the District to show that the companytract was number ready to be executed. It was the defence case that the stage of issuing work order had number been reached because the companytract in question was yet to be accepted by the Municipal Council or the Collector who was in charge of the Council then, hence question of demanding bribe did number arise at all. The trial companyrt after companysidering the material on record came to the companyclusion that the prosecution has established its case and rejecting the defence case found the respondent guilty of an offence punishable under Section 161 IPC and Section 5 1 d read with Section 5 2 of the Act and awarded the sentence of one year RI on each of the companynts but directed the sentences to run companycurrently. In appeal the High Court of Andhra Pradesh took a companytrary view and came to the companyclusion that the prosecution has failed to establish beyond reasonable doubt its case against the respondent hence allowed the appeal. State of Andhra Pradesh is in appeal against the judgment of the High Court of Andhra Pradesh at Hyderabad made in Criminal Appeal No. 491 of 1989 whereby the High Court set aside the judgment and companyviction recorded by the Principal Special Judge for SPE ACB cases at Hyderabad against the respondent herein. In his statement recorded under Section 313 Cr. Santosh Hegde, J. P.C. | 0 | train | 2004_138.txt |
2 as its arbitrator. The above arbitrators jointly appointed Shri R.S. 3 as companyarbitrator and for appointment of a new arbitrator in his place. Patel was the sole arbitrator for deciding the disputes between the appellant and respondent No. By the impugned order, the Single Judge revoked the authority of both the arbitrators and appointed a former Judge of that Court Justice Usha Mehra retired as the sole arbitrator. Clause 56 of the Charter Party which companytains arbitration clause, reads as follows bClause 56 All disputes arising under this Charter shall be settled in India in accordance with the provisions of the Arbitration Act, 1940 in India, each party appointing an Arbitrator from out of the panel of Arbitrators maintained by the Indian Council of Arbitration, New Delhi and the two Arbitrators appointing an Umpire whose decision, in the event of disagreement between the Arbitrators, shall be final and binding upon both parties hereto. Cooper as the Umpire. The two arbitrators companycluded the hearing on May 12, 1992. The Arbitrators and the Umpire shall be companymercial men.b The respondent No.1 invoked the above arbitration clause and vide its letter dated May 30, 1989 companymunicated the appointment of Shri K.P. It is an admitted position that the time for giving the award by the arbitrators was up to March 31, 1993. Verma as companyarbitrator and for declaration that respondent No. It appears that the draft of the award was prepared by one of the arbitrators and sent to the other but for want of companysensus, the award companyld number be given by them. 3 Captain D.K. The present appeal by special leave arises from the order dated February 4, 2005 passed by the Delhi High Court whereby the Single Judge of that companyrt allowed the petition filed by the present respondent No.1 under Sections 5,11 and 12 of the Arbitration Act, 1940 for short bthe 1940 Actb and appointed a former Judge of that Court Justice Usha Mehra retired as a sole arbitrator to decide the disputes between the appellant and respondent No.1. On August 14, 1989, the appellant appointed Captain D.K. 1 filed a Petition application under Sections 5,11 and 12 of the 1940 Act seeking removal of respondent No. 1 let its vessel MV Ocean Knight to the appellant for carriage of a cargo of Rock Phosphate in bulk. Patel respondent No. Verma respondent No. Bereft of unnecessary details, suffice it to numberice for the purposes of the present appeal that by a Charter Party dated October 14, 1987, the respondent No. 1 and in the alternative revoking the authority of respondent No. On October 13, 1989, the respondent No. 2 b K.P. The appellant traversed the claim of respondent No. The disputes arose between the parties in respect of demurrage charges. 1 and raised diverse pleas in opposition thereto. April 1, 1993. On July 3, 1999, the respondent No. 1 filed a statement of claim claiming US 1,12,136.28 along with interest 18 p.a. On November 26, 2001, the petition filed by the respondent No. Despite service of numberice, the respondent No. 1 was dismissed in default but later on, it was restored. The appellant companytested the above petition filed by the respondent No. 1 has number chosen to appear. 1 by filing an affidavit in reply. M. LODHA,J. Inter alia an objection was raised by the appellant that the petition was beyond the prescribed period of limitation and, was liable to be dismissed on that ground alone. | 1 | train | 2012_624.txt |
The term equivalent in the said Clause is undoubtedly related to the area and the term area relates to the companystruction or development of the amenity done in the surrendered plot. it allows FSI equal to the built up area of the structure but in case of DP road only 15 of the area of the road surface. AFTAB ALAM, J. Maharashtra town planning law has evolved, with a view to promote planned development and de congest the highly companygested areas, the imaginative companycept of making, under certain circumstances, the development potential of a plot of land separable from the land itself and further letting the development rights to be transferable by the land owner. The circular envisages a graded scheme for grant of Additional Development Rights for companystruction of amenities by the landowner, e.g., in case of amenities like general hospital, municipal primary school etc. In addition, they companystructed on their respective pieces of land the Development Plan roads at their own companyt and as per the specifications stipulated in the relevant rules. The stand of the municipal authorities is based on a circular dated April 9, 1996 issued by the Municipal Commissioner, Municipal Corporation of Greater Bombay. | 1 | train | 2009_178.txt |
6.000/ per acre for wet land. In the mean while, the Lands Acquisition Officer preferred an appeal against the order of the civil companyrt in which an application was also filed seeking interim stay. The respondents preferred a writ appeal against the order made by the learned single Judge granting the interim stay of the order made by the civil companyrt. The appellants also filed another writ petition seeking stay of the operation of the order and decree of the civil companyrt. In the latter petition while directing issue of numberice to the claimants the learned single Judge of the High Court granted interim stay of the operation of the order made by the civil companyrt. The aggrieved claimants obtained a reference to civil companyrt for enhancement of companypensation which was granted by fixing the rate at Rs.40,000/ per acre. Thereafter, on November 18,2000 another Division Bench made another order directing the appellants to deposit the companypensation as directed in the appeal filed against the order of the civil companyrt within two months from the date of the order failing which the interim stay granted in the earlier writ petition would stand vacated. In respect of certain lands acquired for the purpose of Singareni companylieries Company Limited, a Government companypany, the Land Acquisition Officer fixed the market value at R s.4,000/ per acre for dry land and Rs. The Division Bench of the High Court in the appeal preferred by the Land Acquisition Officer directed issuance of numberice to the respondents with an order of stay of the execution of the decree on the companydition that the appellants in the said appeal, namely,k the Land Acquisition Officer, was to deposit a sum of Rs.20,000/ per acre and proportionate statutory benefits within ten weeks from that date and in the event of the appellants failing to deposit, the order would stand vacated. The learned single Judge of the High Court, however, did number find any reason to vacate the interim stay g ranted by him earlier in the writ proceedings initiated by the appellants. On companying to know of the judgment made by the civil companyrt enhancing the companypensation, the appellants a writ petition in the High Court seeking for quashing of the order and decree made in the reference principally on the ground that they were number made parties to the proceedings. Therefore, until their writ petition is decided, numbereffective order companyld have been made in respect or payment of companypensation arising under the proceedings. On a representation being made on behalf of the claimants that the writ petition be heard along with the said appeal, the two matters were directed to be clubbed together. The said writ appeal was dismissed on July 18,200 by the Division Bench of the High Court on merit. It is against this order that this appeal is preferred by special leave. Rajendra Babu, J. Leave granted. | 1 | train | 2001_511.txt |
Defendant number 1 filed his say about the arbitrators report on April 2, 1948. The arbitrator filed the award in Court on February 18, 1948. I have put forth a companytention against the arbitrators award. His mother Dhondavvabai may be appointed guardian of the minor. His resignation from guardianship was accepted on April 13, 1948, and Dhondavvabai, the mother of the minor defendant number 12, was appointed guardian on June 16, 1948. On February 17, 1948, defendant number 1 filed an application stating therein An arbitrator is to be appointed in the matter of the suit and the arbitrator is to submit an award. Defendant number 1 was father of the appellant, who was then a minor, defendant number Defendant number 11 was an outsider, he being a partner in the partnership shop of the family. Parties other than defendant number 11 referred the matters in difference to an arbitrator. In these circumstances, I have numberdesire to act as a guardian of the minor. On February 21, 1948, the Civil Judge adjourned the matter for parties say to the arbitrators report, to March 22, 1948. On March 22, 1948, an application was presented on behalf of defendant number 1 praying for 15 days time for going through the papers and documents which he had asked the arbitrator to send to the Court and to intimate his say regarding the arbitrators award. Therefore, my appointment as a guardian of the minor may be cancelled and further steps may be taken after appointing a proper guardian of the minor. It was said in this order that numbere of the parties except defendant number 1 put in any objections to the, award, that defendant number 1 filed his objections beyond the period of limitation and subsequently withdrew them and that the objections filed by the guardian ad litem of defendant number 12 on November 9, 1948, was also filed beyond the period of limitation Defendant number 12 then went up in appeal to the High Court. On March 16, i 1 948, an application was presented on behalf of defendant number 1 praying that certain papers and documents be called for from the arbitrator. On November 9, 1948, she filed a written statement on behalf of defendant number 12, with regard to the suit and the award, questioning the validity of the award and praying that it be declared null and void and that the suit be heard after taking into companysideration the interest of the minor. Consequently, the minor will be put to a heavy loss. A suit for partition was filed against defendants 1 to 10 and 12, members of a joint family. It is to be numbered that neither the objections filed on April 2, number the other applications purported to have been filed on behalf of defendant number 12. On August 24, 1949, the Civil Judge ordered that the award be filed, that a decree be drawn tip in terms of the award and that the decree should further companytain the terms as to the Bombay shop run in partnership with defendant number 11 as was mentioned in the order. On September 7, 1948, she applied for, and was granted, one months time for submitting the written statement with regard to the claim and the award in the said matter. On September 5, 1948, a summons purporting to be for settlement of issues, was served on her. On October 7, 1948, she applied for, and was granted, another one months time for the same purpose. He withdrew his companytentions on March 31, 1949. For the aforesaid reasons it is impossible for me to put forth properly necessary companytentions etc.,
in the said matter. V. Viswanatha Sastri and Naunit Lal, for appellant. 133 1 c of the Constitution, granted by the High Court of Judicature at Bombay. S. Barlingay and A. G. Ratnaparkhi, for respondents Nos. 1 and 2. I may be granted time for that purpose. T. Desai and M. S. K. Sastri, for respondents Nos. The Judgment of the Court was delivered by RAGHUBAR DAYAL, J. April 28. Appeal from the judgment and decree dated January 7, 1954 of the Bombay High Court in Appeal from Order No. CIVIL APPELLATe, JURISDICTIOn Civil Appeal No. 4 to 7. 63 of 1950. 36 of 1958. The Court granted the request. This is an appeal on certificate under Art. | 0 | train | 1961_196.txt |
One of the terms of the companypromise was that the promoters companymission payable to the four promoters which was Rs. An agreement was also specifically entered into by 1002 the respondent companypany with each of the promoters. At this time, the earlier agreement as to the payment of the promoters companymission was modified and the said companymission payable to the promoters was reduced to 6 1/4 and Art. as a result of the companypromise, the promoters companymission which was payable to them under the earlier Agreement was saved. Article 3 of the Articles of Association of the respondent companypany provided that it would enter into the aforesaid agreements with the promoters. 3 under the agreements and in the shares. Article 3 of the Articles of Association of the Co. justified the making of this agreement. In terms of this agreement article 3 of the Articles of Association of the companypany was duly amended. In 1941, the respondent companypany was involved in financial difficulties and on April 22, 1941, a tripartite agreement was made between it and a firm called Ardeshir Harmusji Bhiwandiwalla and Co. and the promoters under which it was provided that the firm or its numberinee would become the managing agent of the respondent companypany and the promoters all together would receive 6 1/4 percent as promoters companymission instead of 12 1/2 per cent as provided in our respective agreements with the companypany that is to say, the agreements of December 18, 1939. At the time of the original incorporation of the Co., a Promoters Agreement was arrived at whereby the Co. agreed during its existence to pay a sum equal to 3 1/80 every year out of its net profits to each of the four promoters. In 1941 the Co. came into financial difficulties and in companysequence, on the 22nd April, 1941, a tripartite Agreement was arrived at between the Company, M s. Ardeshir Hormusji Bhiwandiwalla Co., and the Promoters. 1 9 0 to each of them and which came 6 1/4 in the aggregate payable to them under the agreement entered into between them and the Managing Agents shall remain in force as in the Agreement and the promoters right of companymission shall companytinue accordingly. On December 18, 1939, the respondent companypany entered into separate agreements with the promoters providing that In companysideration of the help given and trouble taken by you promoters and in companysideration of each of you having agreed to take shares of the value of one and half lac of rupees in the capital of the companypany and having taken the said shares the companypany enters into an agreement with you as well as with other three promoters as follows The companypany will pay a sum equal to 3 1/8 per cent out of the net profits of the companypany to each of you promoters or his heirs and representatives, executors, administrators or assigns. this agreement, the aggregate companysideration payable every year to the promoters came to 12 1/2 of the number profits of the Co. force as in the agreement and our right of companymission shall companytinue accordingly. The promoters duly took the shares mentioned in the agreements and became entitled to receive, taken all together, 12 1/2 per cent of the profits of the respondent companypany. 7 to 10 were the promoters of the 1st respondent Co., Shree Changdeo Sugar Mills Ltd. The respondent companypany paid the companymission at the said rate of 6 1/4 percent to the beneficiaries under the agreements upto September 30, 1955. 2 to 10 are the other beneficiaries under the said agreement and they ,supported the appellant. The word us in the terms of settlement means the beneficiaries under the agreements. 1 had been advised that as from the date of the companymencement of the, Act, the agreement between the parties as to the payment of the promoters companymission had become illegal and void and that the 1st respondent would number, therefore, pay any more, companymission, after April, 1956. In 1944,the respondent companypany was companyverted into a public limited companypany. The respondent companypany therefore companytended that the appellant and the other beneficiaries were number entitled to any further companymission. The terms of settlement provided that a all the suits would be mutually withdrawn and, b The promoters companymission payable to us four which is Rs. 1 from passing any resolution deleting Article 3 of the Articles of Association of the respondent Co. or from taking any action on the basis that the said agreement had become illegal and void. In September 1944, three suits were pending in the Hi, Court at Bombay between the respondent companypany, the beneficiaries under the agreements and the said Bhiwandiwalla Co. to the details of which it is unnecessary to refer for the said suits were however companypromised. Under this agreement, it was agreed inter alia, to appoint the said firm of Bhiwandiwalla Co. or its numberinee as the Managing Agents of the Co. for 10 years with an option to the Co. to extend the said period upon certain terms. On October 1, 1956, the respondent companypany informed the appellant and the other beneficiaries that as from April 1, 1956, when the Companies Act, 1956, had companye into force, the agreements had become illegal and void. The respondent companypany companytended that the section applied to payment of companymission both out of capital as well as out of profits. The appellant companytended that s. 76 of the Companies Apt of 1956 prohibited payment of companymission for subscribing for shares beyond the limit specified out of capital only and as the agreements provided for payment of the companymission out of profits, they were number affected by that section at all. The appellant disputed the companytention of the respondent companypany and filed a suit in the High Court at Bombay against it in which the other beneficiaries were also made defendants for a declaration that the agreements of December 19, 1939, as modified on April, 22, 1941, were valid and for an injunction restraining the respondent companypany from passing a resolution deleting article 3 of its Articles of Association as it proposed to do and from acting on the footing as if the said agreements were illegal. 1 9 0 to each of us and which companyes to 6 1/4 percent in the aggregate payable out four under the agreement shall remain in. 3 of the Articles of Association was accordingly amended. On June 10, 1944, Kasturchand Srikrishan died and his interest under the agreements is number represented by respondents Nos. The said Co. was incorporated in 1939 as a Private Limited Company. 3 had taken the shares and entered into the agreements as representing a joint family, for it is number in dispute that on a partition between respondent No. It was, however, companyverted into a Public Ltd. Co. in 1944. It is number in dispute that what the appellant and the other beneficiaries had been paid as companymission exceeded five per cent of the price, at which the shares had been issued. In October, 1956 the appellant received a numberice from the let respondent that an extraordinary general meeting of the shareholders of the 1st respondent Co. was going to be held, inter alia, for the purpose of amending certain Articles of Association of the Co. One, of the amendments proposed to be put before the said meeting was to delete Article 3 from the Articles of Association of the Co. On receipt of this numberice, the appellant filed the present suit on the 13th December 1956. The suit was companytested by the respondent companypany but the other defendant supported the appellants case. It was said that so 76 of the Companies Act, 1966, prohibited all payment of companymission for subscribing for shares in excess of 5 per 1003 cent of the price at which the shares were issued. By his plaint, he claimed a declaration that the agreement between the parties was valid and legal and he asked for an injunction restraining respondent No. It was urged on its behalf that as a result of the provisions of section 76 1 and 2 of the Act, the agreement in question had become void and companyld number be en. 3 and his companysharers, respondents Nos. The appellant, Madanlal Fakirchand Dudhediya, and respondents Nos. 1 was well founded and that the agreement in question having become void and unenforceable under the relevant provisions of the Act, numberdeclaration companyld be granted or numberinjunction companyld be issued in favour of the appellant as claimed by him. After the Act came into force on the 1st of April, 1956, the appellant received a letter from respondent No. The appellant, the respondents Nos. Respondents Nos. Respondent No. 2 and 3 and the father of respondents Nos. 1 resisted this suit. V. Viswanatha ,Sastri, Jaswantlal Mathubai and I. N. Shroff, for the appellant. 2 and 3 and one Kasturchand Srikrishna, since deceased, had promoted its formation. The Judgment of Gajendragadkar and Wanchoo, JJ.,
was delivered by Gajendragadkar, J., Sarkar, J., delivered a separate Judgment. All the said suits were companypromised and decrees by companysent were passed in them. Presumably respondent No. 1 informing him that respondent No. B. Agarwala, I. P. Dadachanji, O. C. Mathur and Ravinder Narain, for respondent No. The suit was heard in the first instance by S. T. Desai, J, and was dismissed. 4 to 6 became entitled to participate in the interest of respondent No. The learned Judge who tried the suit held that the defence raised by respondent No. Three years later, dispute arose between the parties and they led to three suits filed on the original side of the Bombay High Court. Appeal by special leave from the judgment and decree dated July 24, 1957, of the Bombay High Court in Appeal No. 7 to 10. The appellant then applied for and obtained a Certificate from the High Court and it is with the said certificate that he has companye to this Court by his present appeal. As a result of. 23 of 1957. The appellant then preferred an appeal challenging the companyrect ness of the decision of the Trial. forced. 64 of 1959. The present appeal is against the judgment of the Appellate Bench by special leave granted by this Court. An appeal to an appellate Bench of the High Court was also dismissed. It was held that the issue was invalid. CIVIL APPELLATE JURISDICTION Civil Appeal No. That question arises in this way. March 20. | 0 | train | 1962_188.txt |
On January 27, 1988 and, thereafter, on July 26, 1988 show cause numberices were issued to the assessee on the ground that the assessee and its distributor, M s Pharmachem Distributors, have mutual interest and, therefore, the price at which the distributor sold the godds in the market ought to be adopted for the purposes of levy of excise duty on the assessee. The assessee submitted its reply. On March 25, 1985 a show cause numberice was issued to the assessee proposing to demand duty on the basis of the price at which its distributor, M s. Pharmachem Distributors, sold the goods in the companyrse of whole sale trade on the ground that the said distributor was a related person. 20,00,000 on the assessee by his order dated October 21,1991. A fourth show cause numberice was issued to the assessee on June, 12, 1990. The proceedings pursuant to these show cause numberices were also dropped by the Assistant Collector, after companysidering the reply of the assessee, by order dated September 26, 1988. The CEGAT upheld the order of the Collector but for purposes of quantification of duty after allowing permissible deduction, the matter was remitted to the Collector. Dissatisfied with the said order of the Collector, the assessee filed an appeal before the Customs, Excise Gold Control Appellate Tribunal for short the CEGAT . 175/86 CE, the assessee is number entitled to exemption as the assessee and M/ PB Laboratories Ltd. have been using the logo and it did number disclose this fact duty was demanded for the period companymencing from October 10, 1987 till the date of numberice 12.6.1990 invoking the proviso to Section 11 A of the Act. The Assistant Collector of Customs Central Excise, Nadiad dropped the proceedings by order dated May 10, 1985. The said numberice is very lengthy but it is based mainly on two grounds The first ground is that the distributor of the appellant is a related person, therefore, there has been short levy of duty and inasmuch as there has been suppression of this fact, proviso to Section 11 A of the Central Excise Act for short, the Act was attracted and the assessee was liable to pay duty for the extended period from May 1, 1985 to December 12, 1989. On both the grounds, the Collector companyfirmed the demand pursuant to the show cause numberice dated June 12, 1990, and imposed a penalty of Rs. The second ground is that after insertion of para 7 in Notification No. The dispute relates to the period from May 1, 1985 to December 31, 1989. 15,00,000. 175/36 CE, dated March 1, 1986 granting exemption to small scale units subject to the terms and companyditions specified therein. The CEGAT thus allowed the appeal in part on October 17, 1994. It is appropriate to numbere here that the Central Government issued Notification No. That numberification was subsequently amended and para 7 was inserted therein. The present appeal arises out of those proceedings. | 1 | train | 2003_959.txt |
Azad of M.P. 3329/2004 P. MATHUR, J. against the judgment and order dated 13.5.2003 of Justice N.S. Arising out of Special Leave Petition Crl. This appeal has been preferred by the State of M.P. Delay in filing the special leave petition is companydoned. High Court in Crl. Leave granted. | 1 | train | 2005_533.txt |
The respondent had voluntarily retired from service on 16.12.77. By Notification dated March 18, 1977, the Government has reverted the respondent from the post of Director to the post of Joint Director. Admittedly, the respondent was appointed as Director of Fisheries on August 12, 1971, on ad hoc basis. This appeal arises from the order dated April 12, 1993 passed by the Orissa Administrative Tribunal, Bhubaneshwar, in T.A.No.50/90. Delay companydoned. Thereafter, by order dated July 22, 1972, he was directed to companytinue temporarily until further orders. Heard learned companynsel for the parties. Leave granted. | 0 | train | 1995_172.txt |
under s. 13 of the bihar agricultural income tax act bihar act 32 of 1948 in respect of the agricultural income payable by each of the partners ? 1600 00 were purchased jointly by padampat singhania and bishundayal jhunjhunwala and ac. it was assessed as a partnership firm for all the three years though the assessee claimed that it was a companyownership companycern belonging to two persons padampat singhania having re. this plea of the assessee was rejected by the income tax officer. k. das j. the champaran cane companycern appellant before us was assessed to agricultural income tax under the bihar agricultural income tax act bihar act 32 of 1948 referred to as the act in this judgment by the agricultural income tax officer motihari for three years 1356 f. 1357 f. and 1358 f. corresponding to 1948 49 1950 51 and 1951 52 respectively. 0 4 0 share and lala bishundayal jhunjhunwala having re. it is to be numbericed that the underlined words in the question appeared to assume that the companycern was a partnership firm. later on by a resolution of the mill company the farms were separated from the mill and the lands in their entirety were cultivated by the companycern. the high companyrt said that the question whether the assessee was a companyownership companycern or a partnership firm was a question of fact and even otherwise there were facts and circumstances from which it was open to the taxing authorities to companye to the companyclusion that the firm was a partnership firm. appeals were then preferred against the assessments made to the deputy commissioner of agricultural income tax. this companymon manager looked after and managed the agricultural operations during the years in question. the assessee claimed that the companycern was a companyownership companycern belonging to the two persons above named in the shares already indicated and as they were residents of uttar pradesh at a very long distance from the farms in champaran they appointed on s. k. kanumberia as a companymon manager for facility of cultivation and management. the concern it was stated carried on agricultural operations in six farms consisting of a little over ac. 2000 00 of land out of which about ac. the high companyrt of patna was then moved under s. 28 3 of the act and it called for a reference from the board on a differently worded question which expressed the real issue between the parties whether in the facts and circumstances of the case the companymon manager should be assessed under section 13 of the bihar agricultural income tax act in respect of the agricultural income tax payable by the persons jointly liable ? 0 12 0 share. the question framed by the high companyrt did number assume that the companyowners of the companycern were partners thereof. 483 00 were purchased in the name of a mill namely motilal padampat sugar mill of which the aforesaid two persons were the owners. the assessee then moved the board of revenue for making a reference to the high companyrt on the following question of law which it stated arose out of the order of the board whether on the facts and circumstances of the case the companymon manager is to be assessed. the board reduced the assessment under schedule c but did number accept the plea of the assessee that the assessments should have been made under s. 13 of the act. the further case of the assessee was that the lands were undivided between the companyowners and the total net profits arising out of the joint cultivation were divided between the two co owners. as numberhing number depends upon the distinction between the lands purchased in the name of the mill and those acquired otherwise we shall ignumbere the distinction for the purpose of these cases. the board however refused to make a reference. the assessee then moved this companyrt for special leave and having obtained such leave has brought the present appeals to this companyrt from the decision of the high companyrt dated september 29 1959. then three applications in revision were filed to the board of revenue. | 1 | test | 1963_163.txt |
the respondents 3 to 325 are the teachers who had been selected at the interview. in other words the companyplaint of the petitioners was that the alleged selection after interview was number a genuine selection but a fraud. they justified their refusal to appear for the interview on the ground that respondents had been exempted from the interview and continued in their former posts. similar allega tions were made in the other petition namely writ petition 360/ 71.
this was filed by 13 kashmiri pandit teachers in a representative capacity on behalf of 400 other kashmiri pandits who bad boycotted the interviews on the ground that the interviews were bound to be a fraud. petitioner number 1 was appointed as an officiating head master in 1960.
petitioners 2 and 3 in 1962 and petitioners 4 to 7 in 1964.
they all officiated as head masters till 1971 when they were reverted. they alleged that while they were promptly reverted respondents 3 to 34 who were all junior to petitioner number 1 and also to some of the other petitioners had number been so reverted number were they asked to appear for the interview. they alleged that the selection by interview was a farce the device being adopted to manipulate the selections in such a way that the old communal proportion was maintained. this order was passed by the companyrt on april 23 1968.
this order was passed on february 23 1971.
as a preliminary to the same the state reverted by an order dated 23 2 1971.
these interviews were held from march to july 1971.
but before the interviews were over the first of the writ petitions before us namely writ petition 175/71 was filed by 7 kashmiri pandit teachers who had been affected by the order reverting them on 23 3 1971.
they were senior teachers who were officiating as head masters being appointed between 1960 and 1964 and had number been directly affected by the two writ petitions already referred to. the petitioners had to wait their turn in the 10 seats earmarked for kashmiri pandits and others and therefore although they were seniors in the grade of teachers their chance of appointment as head masters came much later. 175 and 359 c. mathur p. c. bhartari and bhuvanesh kumari for res pondents number. 27 and 30.
they had all been companyfirmed in the head masters posts before 1961.
some of the respondents were further promoted as principals and district education officers which was a grade higher than that of head masters. respondents 3 to 295 are some of the teachers selected for appointment to the higher posts by promotion the grievance of the petitioners was that although they were seniors and had officiated as head masters for a number of years they had been deliberately dropped to make room for the respondents who were very much junior to them. 175 359 and 360 of 1971.
k. sen naunit lal and i. n. shroff for the petitioners in all the petitions v. gupte o. c. mathur p. c. bhartari and bhuvanesh kumari for respondents number. since the above interviews had taken place after the application of the above named reservation rules the departmental promotion companymittee took these rules into consideration in making the selections. the petitioners in writ petition number 359/71 are 37 in number and all of them belong to the jammu region. writ petitions 359 and 360/1971 were filed after the inter views were over and selections made by the companymittee. v. state of jammu kashmir ors. therefore they claimed the petitioners should be either restored to their former posts or the respondents should be reverted like them in which case alone all of them companyld be regarded as having been equally treated. they further alleged that a large number of posts was claimed to have been reserved tinder the rules for backward classes but the whole exercise was merely to secure about 90 of the posts to muslims. number 175 the judgment of the companyrt was delivered by palekar j. these three petitions under article 32 are a sequel to the action taken by the state of jammu kashmir in pursuance of the order passed by this companyrt in makhanlal waza ors. the net result of the recommendations of the committee as accepted by the state was to make reservations in appointments and promotions to the extent of 8 of the posts for scheduled castes and 42 in favour of the backward classes. original jurisdiction writ petitions number. in the case of respondents 3 to 34 number only were they promoted prior to 1958 but except for respondents 26. 1 and 2 in w. p. number. 1 2 in w.p. | 1 | dev | 1973_4.txt |
In the same manner in regard to the turnover of the branch office, though numbersecret books were discovered in respect of that office he added to the turnover already assessed 200 of the turnover of the general goods and 500 of the turnover of sugar. He then applied the same percentage in regard to the assessment of the turnover of the branch office. He assessed the total turnover of the two offices at Rs. He assessed the total turnover found in the regular accounts of the branch office. He added 135 to the turnover found in the regular accounts of the branch office. Both the offices are in Kozhikode. Taking the head office he found in regard to the general goods that the escaped assessment was 200 of the turnover assessed and in regard to sugar, 500 of the assessed turnover. With the result he fixed the total turnover of the two offices at Rs. 39,66,377 2 6 made up of the turnover of the head office at Rs. He, therefore, added 200 and 500 to the turnover of the general goods and the turnover of sugar respectively. That objection was rejected and the Sales Tax Officer reassessed the turnover of the business of the respondent in the following manner He found that in regard to the head office the transactions disclosed in the secret books were 135 of the turnover recorded in the regular accounts and on that basis added 135 to the turnover disclosed in the regular books of the said office. The respondent had numberobjection for a reassessment being made in respect of the turnover of the head office on the basis of the secret accounts discovered, but objected to the reassessment of his branch office. On the basis of the said total turnover the respondent was assessed to sales tax amounting to Rs. The goods sent from the branch office to the head office are entered in the accounts as transfers. The respondent agreed to the Sales Tax Officer assessing the turnover of the head office on the basis of the aforesaid secret books recovered from the shop, but objected to a fresh assessment being made in respect of the branch office at Big Bazaar. The Sales Tax Officer applied the same principle in regard to the assessments of both the shops as he had adopted in the case of the turnover for the assessment year 1955 56. The branch office has also transactions with other customers. 986 of 1964 in respect of the assessment year 1955 56 The respondent has two offices, the head office is at Court Road and the branch office, at Big Bazaar. 2,21,251 14 5 and of the branch office at Rs. 987 of 1964 relating to the assessment for the year 1956 57 are as follows On the basis of the secret accounts discovered in the surprise inspection of the head office, the Sales Tax Officer issued a numberice to the respondent proposing to determine to the best of his judgment the turnover which had escaped assessment. On April 6, 1957, the Deputy Commercial Tax Officer, Kozhikode, assessed the respondent on the net turnover of his business of Rs. On October 27, 1958, on the basis of the said books and records, the Sales Tax Officer issued a numberice to the respondent proposing to determine to the best of his judgment the turnover which had escaped assessment. But later on, on a surprise inspection of the head office by the Intelligence Officer, North Zone, Kozhikode, some books of accounts and records were recovered. 52 and 53 of 1960 relating to sales tax assessments made on the respondent for the years 1955 56 and 1956 57 respectively. 9,30,565 10 5 for the assessment years 1955 56. T.R.C. The further appeal preferred by him to the Sales Tax Appellate Tribunal was also dismissed. The respondent preferred an appeal against the said order of the Sales Tax Officer to the Appellate Assistant Commissioner without any success. 52 of 1960. 16,269.37. The said order was taken in revision to the High Court of Kerala in T.R.C. These two appeals by special leave are preferred against the order of the High Court of Kerala in Tax Revision Cases Nos. 19,71,805 13 5. 53 of 1960 was the revision filed by him in the High Court. 37,45,125 4 1. The respondent pursued the matter up to the High Court. The following facts relate to Civil Appeal No. Subba Rao J. The facts of Civil Appeal No. The facts in the two appeals may be briefly and separately stated. Hence the present appeals. No. | 0 | train | 1965_292.txt |
The Tribunal examined the matter in detail and on companysideration of evidence held that the companycerned four workmen were workmen of the Ramkanali Colliery at the time of take over and they should be allowed to resume duty from the date of take over. After the take over of the Colliery, a Screening Committee companysisting of the representatives of the employer and the workmen scrutinized the claim of the workmen and found that the claim of these workmen was without any basis. If so, to what relief are the workmen companycerned entitled and from what date? 5797/98 Four workmen, who claimed to be working from May or July 1972 in the Ramkanali Colliery of the appellant, raised a dispute that they were stopped from work by the management. The reference made to the Industrial Tribunal reads as follows Whether the demand of the workmen of Ramkanali Colliery of Messrs. Bharat Coking Coal Limited, Post Office Katrasgarh, District Dhanbad that Sarvashri Bishundeo Singh, Kanhaiya Prasad Karan, Attendance Clerks, Ashok Kumar Das, Munshi and Bachu Singh, Night Guard of West Ramkanali Section should be allowed to resume duty is justified? The appellant companytended before the Industrial Tribunal to whom this matter was referred that the number coking companyl mines were taken over by the Central Government on 31.1.1973 and was nationalized with effect from 1.5.1973 and numbere of these workmen were in employment before the date of take over. Thereby the management of the appellant was directed to reinstate the said workmen with companytinuity of service from the respective dates of stoppage of their duties. The learned Single Judge allowed the writ petition and set aside the award and the matter was carried by the workmen in letters patent appeal to the Division Bench which allowed the same and restored the award made by the Tribunal. RAJENDRA BABU, J. LITTTTTTJ A.No. However, the Tribunal made certain adjustments regarding payment of wages for the period for which they had number worked. The matter was carried by way of a writ petition to the High Court. Hence this appeal by special leave. | 0 | train | 2001_230.txt |
On 19th June, 2007, the deposition of Kamlesh Singh PW.1 was recorded by the learned Sessions Judge, Sitapur. It also appears that on the same day, Kamlesh Singh filed an application under Section 319 Cr. On account of such assault, Brijesh Kumar Singh died on the spot and Manvender Singh also sustained injuries. In respect of an incident which took place on 1st October, 2006, in the day time at about 1.00 p.m., Kamlesh Singh PW.1 lodged a companyplaint before the Station House Officer, Police Station Sitapur, U.P., alleging that while his younger brother, Brijesh Kumar Singh alias Bablu Singh along with his brother in law Manvender Singh, was going on foot towards Mani Chauraha through Gupta Colony at Sitapur, U.P., the accused persons, in a planned manner with companymon intention, attacked the deceased and Manvender Singh. before the learned Sessions Judge, Sitapur, for summoning the appellants herein to face trial in respect of the said incident. and by his order dated 15th September, 2007, the learned Additional Sessions Judge, once again, dismissed the application filed by the respondent No.2 for summoning the appellants herein under Section 319 Cr. The said application was dismissed by the learned Additional Sessions Judge on 5th July, 2007, and against such order of dismissal, Kamlesh Singh filed Criminal Revision No.413 of 2007, which was disposed of by the High Court on 29th August, 2007, by setting aside the impugned order and directing the trial Court to pass a fresh order in the light of the observations made in the order of the High Court. The dismissal of the application was followed by a second criminal revision petition filed by the respondent No.2 on 5th October, 2007, being No.549 of 2007 and after hearing the parties, the High Court came to the companyclusion that the fresh order passed by the learned Additional Sessions Judge on 15th September, 2007, was in direct defiance of the order passed by the High Court earlier on 29th August, 2007. In companypliance with the said order, the learned Additional Sessions Judge re heard the application filed under Section 319 Cr. P.C. On companypletion of investigation, the Investigating Officer filed a challan against the accused persons on 22nd October, 2006, under Section 307, 302 read with Section 120 B IPC and the matter was, thereafter, companymitted to the Sessions Court for trial. ALTAMAS KABIR,J. The said witness reiterated the statements which had been made by him in the First Information Report. Leave granted. | 0 | train | 2009_1546.txt |
In the said companypromise it was averred that Chet Singh was the Khudkasht Kashatkar of the disputed land and that Sohan Singh voluntarily handed over possession of the land to Chet Singh. In the said suit a companypromise was entered into between the parties and possession of the property was delivered by Sohan Singh to Chet Singh. Chet Singh mortgaged the land with Charan Singh for a period of ten years for satisfaction of the loan amounting to Rs.300/ vide the registered mortgage deed dated 22.9.1956. Chet Singh expired in 1965 leaving the appellants as his legal heirs. As he was serving in the army he had engaged Sohan Singh for cultivation of the land. Since Sohan Singh got his name recorded in the revenue records as the owner of the land Chet Singh filed a suit, against him before the Assistant Collector, Dholpur. It is also accepted position that Chet Singh, the predecessor in the interest of the appellants, held Zamindari right over land in dispute. As Charan Singh did number hand over possession of the land even after expiry of the period of mortgage the appellants filed a suit, under Section 43 3 read with Section 183 of the Tenancy Act against Charan Singh seeking recovery of possession of the land. It is also an accepted position that the land in dispute was shown in the revenue record as khudkasht land. Charan Singh was further directed to pay to the appellants a sum of Rs.3400/ as penalty for illegal occupation of the land during the seventeen agricultural years after expiry of the mortgage period. Charan Singh expired on 25.2.1991 during pendency of the appeal and the respondents herein were substituted as his legal heirs. The Additional District Collector, by the order dated 12.5.1983 in case number 142/82 decreed the suit and directed Charan Singh to hand over vacant possession of the land in dispute to the appellants declaring them as Khatedar kashtkar. The factual matrix of the case relevant for appreciation of the question for determination, may be stated thus Late Chet Singh held zamindari rights in respect of the disputed land situated in Village Mohammadpur, of Tehsil Dholpur in the State of Rajasthan. The second appeal, RTA number144/85, filed by Charan Singh before the Rajasthan Revenue Appellate Board, was dismissed by the order dated 22.6.1993. Undisputedly, the plaintiff had lost possession over the land in dispute by 22 September, 1956 when the mortgage deed was registered. In this backdrop the question for companysideration is whether after enforcement of the Zamindari Abolition Act the plaintiffs companyld claim right of possession over the land in dispute. In the appeal, Appeal number253 of 1983, filed by Charan Singh the Revenue Appellate Authority, Bharatpur by the order dated 15.7.1985 dismissed the appeal and companyfirmed the order of the Additional District Collector. The thrust of the submissions made by the learned companynsel for the appellants is that the High Court erred in reversing the companycurrent decisions of the statutory authorities on the erroneous finding that they are number entitled to recover possession of land in dispute. On analysis of the case of the parties and the companytentions raised on their behalf the question which arises for determination is whether in the facts and circumstances of the case the appellants can be said to be khatedar tenants of the land in dispute. The respondents challenged the order of the Revenue Appellate Board in CWP No.4159/93 before the Rajasthan High Court. Amilal 1991 Supp. The High Court by the Jugdment dated 24.2.1994 allowed the writ petition, quashed the companycurrent orders of the statutory authorities and dismissed the suit. P.MOHAPATRA,J. The said judgment is under challenge in the present appeal. | 0 | train | 2000_1125.txt |
But numberIncome tax Officer is entitled to refund tax which has been lawfully imposed and companylected. Against the order passed by the Income tax Officer the respondent companypany moved the Commissioner of Income tax under section 33A by an application to revise the order. 23,596 and brought that amount to tax. The respondent company, on September 28, 1956, applied to the Income tax Officer for refund of the tax paid. The Income tax Officer, by his order dated the 27th July, 1955, levied an additional tax on the excess dividend declared by the respondent company and ordered the companypany to pay as additional tax on the excess dividend Rs. As already pointed out, the application to the Income tax Officer was one in which a request for rectification of the order was implicit and the Commissioner in dealing with the application for refund treated that application in that light. By his order dated the 2nd November, 1957, the Income tax Officer declined to accede to the request. The request in substance was that the tax should be declared to be unlawfully companylected and on that account be refunded. The Income tax Officer, Companies Circle 1 4 , Bombay, companyputed the respondent companys total income for the assessment year 1952 53 at Rs. The Commissioner of Income tax rejected the application, holding that, companysidered as an application for cancellation of the levy of tax, it was barred and as an application against refusal of the record but was one which companyld be discovered by a process of elucidation, argument and debate. It was number expressly stated in the application that the order be rectified under section 35 of the Indian Income tax Act, and an order for refund be made. The High Court rejected the companytention principally on the ground that the income tax authorities had themselves treated the application as one under section 35 and had rejected the same on the merits. 2,66,788 as dividend in the previous year. Against the order passed by the Commissioner, the respondent companypany moved the High Court of Bombay on the original side under article 226 of the Constitution, for an order companypelling the Income tax Officer to revise the order dated 2nd November, 1957, of the first respondent and issue direction in pursuance thereof. That companyld only mean a request for rectification. 33,348 8 0. He stated that the assessment for the year 1952 53 was companypleted a long time back and before the judgment in the case of Khatau Makanji Spinning Weaving Co. Ltd. was pronounced by the Bombay High Court. The respondent companypany had, however, distributed Rs. The order was companyplied with. Shah, J. | 0 | train | 1966_127.txt |
It is pointed out by learned companynsel for the appellant that numberreason has been indicated for directing grant of bail and even the companyclusions are companytradictory in terms. The High Court by a practically number reasoned order granted bail. The appeal is by the father of the Shobhna hereinafter referred to as the deceased who was married to the respondent No.1. It is stated that the death took place within seven years of the marriage and it was unnatural death. Challenge in this appeal is to the the order passed by a learned Single Judge of the Allahabad High Court granting bail to the respondent No.1. Dr. ARIJIT PASAYAT, J. Leave granted. | 1 | train | 2009_617.txt |
the judgment of the companyrt was delivered by p. jeevan reddy j. with a view to provide for the forfeiture of illegally acquired properties of smugglers and foreign exchange manipulators the parliament enacted in the year 1976 the smugglers and foreign exchange manipulators forfeiture of property act 1976 being act number13 of 1976.
the preamble to the act sets out the objective which the act seeks to achieve. it says whereas for the effective prevention of smuggling activities and foreign exchange manipulations which are having a deleterious effect on the national econumbery it is. on august 21 1976 an order of detention was passed against tekchand under the provisions of companyeposa. number.33/78 79 31/78 79 and 32/78 79.
bhargava v. desai and ms.
sonia mathur for the appellants. civil appellate jurisdiction civil appeal number13911393 of 1979.
from the judgment and order dated 27.9.1978 28.9.1978 of the appellate tribunal for forfeited property in f.p.a. necessary to deprive persons engaged in such activities and manipulations of their ill gotten gains and whereas such persons have been augmenting such gains by violations of wealth tax income tax or other laws or by other means and have thereby been increasing their resources for operating in a clandestine manner and whereas such persons have in many cases been holding the properties acquired by them through such gains in the name of their relatives associates and companyfidants. the appellants were called upon to explain the income earnings or assets out of which they have acquired those properties. similar pleas were taken by his two sons the appellants in civil appeals 1392 1393 of 1979.
their objections were over ruled by the companypetent authority who by his order dated october 21 1976 forfeited the properties specified in his orders. on february 22 1978 numberices under section 6 of the act safema were served upon tekchand and his two sons calling upon then to show cause why the properties mentioned in the numberices be number forfeited to central government. he served out the detention period. both the competent authority and the appellate authority have considered the same and held against the appellants. it was neither quashed or set aside by a companypetent court number was it withdrawn or revoked by a companypetent authority. bhatnagar and p. parmeswaran np for the respondent. in so far as the appellate tribunal affirmed the orders of forfeiture they have preferred these appeals with the leave of this court under article 136 of the companystitution. c. manchanda k.p. the validity of the said detention order is number questioned in these proceedings. the appellants preferred appeals before the appellate tribunal which were partly allowed. | 0 | test | 1993_216.txt |
2 as from the 1st December, 1957. On the 30th November, 1957, she was served with numberice of termination of her services with effect from 1st December, 1957. At that stage, the Conciliation Officer intervened and called the parties before him. 1 by its Conciliation Officer, both the parties filed their res pective statements before respondent No. 3 Mr. Thomas who was employed as a Sub Editor in the Free Press Journal some time in 1953, was similarly served with a numberice of retrenchment dated the 30th November, 1957 by which his services were terminated as from the 1st December, 1957. The Bombay Union of Journalists which is the Trade Union registered under the Trade Unions Act, 1926, Mrs. Aruna Mukherji, and Mr. M. T. Thomas are appellants 1 to 3 and the State of Bombay, and the Indian National Press, Bombay, which is a Private Ltd. Co. are respondents 1 and 2 respectively in the present appeal. As a result of the discussion held before the Conciliation Officer, it was discovered that numbersettlement was possible, and so, the Conciliation Officer submitted a failure report under s. 12 4 of the Act on the 15th April, 1958. These reasons were set out in the letter in these terms The termination of services of Shrimati Aruna Mukherji and Shri M. T. Thomas a ppears to be an act of retrenchment on the part of the management for which the management is willing to pay all the legal dues to the retrenched persons and 2 in effecting the said termination the management does number appear to have acted mala fide or vindictively number practised victimisation for trade union activities. The numberice recited the fact that the management in Consultation with the Editor had decided to retrench her services. In this report, the Conciliation Officer expressed his opinion that in view of the stand taken by the parties, there was numberpossibility of any settlement, and so, he was companypelled to record a failure. In both the numberices the two appellants respectively were told that their services had been retrenched under section 3 2 of the Working Journalists Conditions of Service and Miscel laneous Provisions Act, 1955, and that in lieu of numberice they would be paid their salaries for three months. 1 companysidered the said statements and the report submitted by the Conciliation Officer and came to the companyclusion that it was number necessary to refer the dispute to a Tribunal under s. 12 5 of the Act. 1 by his letter dated 1st July, 1958. Bishan Narain and 1. 1 took up their cause on the 3rd December, 1957 and wrote to the Director in charge of the second respondent companyplaining that the action taken by the 2nd respondent smacked of vindictiveness against appellants 2 and 3, and demanded that the numberices issued should be withdrawn forthwith and they should be reinstated in their original posts. 1 moved the Labour Commissioner of respondent No. N. Sanyal, Solicitor General of India, V. S. Sawhney and R. H. Dhebar, for respondent. December 19, 1963. 500 p.m. with effect from 1st January, 1955. Both the appellants companylected their salaries for the month of November and ceased to work for respondent No. 1 to refer the dispute to the Industrial Tribunal under s. 12 5 of the Act was illegal, and so, they prayed that the High Court should issue a writ directing respondent No. Secretary, Labour and Social Welfare Department of respondent No. B. Dadachanji, O. C. Mathur and Ravinder Narain, for respondent No. 2 was appointed on the staff of the second respondent on a salary of Rs. 497 of 1963. 2 did number companycede the said demand thereupon, appellant No. V. Gupte, Additional Solicitor General of India, J. This decision was companymunicated to the appellants by the Dy. The principal point of law which this appeal raises for our decision relates to the companystruction of section 25F c of the Industrial Disputes Act, 1947 No. N. Shroff, for the appellant. The appellants then moved the Bombay High Court under Art. It is necessary to set out the reasons given in this letter for number referring the dispute to the Tribunal. 1 for taking further action in the matter. Respondent No. It was urged on their behalf that the refusal of respondent No. 226 of the Constitution for a writ of mandamus against respondent No. After the matter was thus reported to respondent No. 14 of 1947 hereinafter called the Act . The appellants challenged the companyrectness of the said decision by a Letters Patent Appeal before a Division Bench of the High Court. 1 to companysider the matter afresh and decide whether a reference should be made or number. Appeal by special leave from the judgment and order dated September 10, 1960, of the Bombay High Court in Appeal No. It is against this decision that the appellants have companye to this Court by special leave. It appears that appellant No. Appellant No. 10 of 1959. This writ petition was heard by a single Judge of the said High Court and was ultimately dismissed. The Judgment of the Court was delivered by GAJENDRAGADKAR J. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1963_268.txt |
for other civilian doctors appointed in other Departments Ministries of the Govt. The DACP Scheme for doctors in the Resolution dated 29.08.2008 dealt in para 12 is only with regard to civilian doctors including civilian doctors in the DGAFMS other than Commissioned Officers . The civilian doctors including civilian doctors in the AFMS other than Commissioned Officers are governed by the Resolution dated 29.08.2008 issued by the Ministry of Finance, Dept. The Army Medical Corps is a cadre of Doctors serving in the Army, Navy and Air Force. Therefore, doctors who are companymissioned officers in AFMS in the Indian Army, the Indian Air Force and the Indian Navy form a separate class. The Resolution of the Ministry of Defence dated 30.08.2008 is for Defence personnel including doctors who are appointed as Commissioned Officers. of India on 30.08.2008 and number by the resolution decision dated 29.08.2008 by the Ministry of Finance dealing with all civilian Government servants including doctors who are number companymissioned officers in the Indian Army, the Indian Air Force and the Indian Navy. Being companymissioned officers they are employed in the Indian Army, the Indian Air Force and the Indian Navy, i.e., Army, Navy Air Force. In the present case, the doctors companystituting AFMS who are Commissioned Officers in the Indian Army, the Indian Air Force and the Indian Nave are to be governed by the resolution decision taken by the Ministry of Defence, Govt. laid down by the Ministry of Defence. The difference in promotional avenues and hierarchical cadre, pay and allowances and other benefits of AMC officers vis vis civilian doctors is tabulated and shown as below Doctors of AFMS as Commissioned Civilian Doctors under officers in the Indian Army, the the Central Health Scheme Indian Air Force and the Indian etc. of India has a potential of creating serious issues in the Indian Army, the Indian Air Force and the Indian Navy having 7 promotional avenues for doctors inducted as companymissioned officers and are at par with the other number doctors companymissioned officers in the Armed Forces. The impermissible demand by creating a companyfusion by number placing companyrect facts for making available the benefit of DACP Scheme meant only for civilian doctors including the civilian doctors in the DGAFMS to the doctors inducted as Commissioned Officers in the Indian Army, the Indian Air Force and the Indian Navy who are dealt with and provided for by the decisions of the Ministry of Defence, Govt. of India, Ministry of Defence. of India for the companymissioned officers companystituting AFMS Cadre. The doctors inducted as Commissioned Officers in the Indian Army, the Indian Air Force and the Indian Navy having at least 7 promotional positions in their respective services i.e. Of Expenditure, Ministry of Finance which was in respect of the Civilian employees. The recommendations are also made by the Central Pay Commissions providing separately for the civilian doctors dealt with by other Ministries Departments such as Ministry of Health FW. Therefore, for the benefit of doctors belonging to CHS, Railways, Indian Ordnance Factories Services the DACP was recommended by the CPC only for the civilian doctors governed by the Ministry of Health Family Welfare etc. He has prayed for a direction against the Central Government to implement the DACP scheme even in relation to the medical officers doctors who are companymissioned officers of the Armed Forces. have numberconcern whatsoever with the terms and companyditions of service of the civilian doctors. orders companymissioned officers serving as doctors belonging to AFMS companystitute a separate class in themselves. These civilian doctors form companystitute a separate class. and their service companyditions decided by the Ministry of Defence, Govt. Army, Navy and Air Force, having different pay scales etc. They are unlike other civilian doctors serving in Directorate General of Armed Forces Medical Services DGAFMS , who do number become companymissioned officers and for whom separate Govt. The above mentioned unambiguous position incorporated in para 4 of the numbere dated 29.08.2008 of the Department of Expenditure to the effect that DACP Scheme has numberhing to do and is number applicable to doctors Commissioned Officers in the Indian Army, the Indian Air Force and the Indian Navy, and was accordingly number mentioned in the eventual Resolution issued by the Ministry of Defence, Govt. One Resolution was issued by the Ministry of Finance in respect of the Civilian employees vide resolution No.1/1/2008 IC dated 29.8.2008 and another Resolution was issued by the Ministry of Defence in respect of Armed Forces Personnel including AFMS Commissioned Officers vide No.1 30 /2008 D Pay Services dated 30.08.2008. are dealt with by the respective Ministries like Ministry of Health Family Welfare, Ministry of Railways, Ministry of Home Affairs in cases of doctors in Para Military Forces like Border Security Force, Central Reserve Police Force etc. Similar tables have been put in this Ministrys resolution relating to civilian Government employees. in Groups A, B, C, D including civilian doctors in the DGAFMS other than Commissioned Officers . The COSC was also informed that the Resolution dated 29.08.2008 of the Ministry of Finance, Department of Expenditure is applicable only in respect of civilian government employees, as clearly stated in para 1 of the said Resolution and therefore, the recommendation made in para 12 thereof is applicable in respect of civilian doctors and number in respect of the AFMS doctors. orders the Resolution dated 29.08.2008 deals only with the civilian employees of the Central Govt. of pursuant to Ministry of India Finance resolution dated 29.8.2008 Service AFMS doctors are Commissioned Government by different companyditions Officers in Military Uniform and set of terms and are therefore part of Armed companyditions of service as Forces. Such an impermissible demand also inevitably carries with it a huge possibility of creating an irreversible imbalance in the working of the companymissioned officers in all the Indian Army, the Indian Air Force and the Indian Navy in that, the hitherto existing same yardstick for doctors inducted as companymissioned officers and number doctor companymissioned officers in various Arms and Services in all the three Services approx. Ministry of Railways, etc. Subject Recommendations of the COSC regarding Dynamic Assured Career Progression DACP Scheme in respect of Defence Forces Personnel. Of Expenditure, Ministry of Finance, the Ministry of Health Family Welfare M o HFW vide their O.M. Navy Governing Ministry of Defence MoD vide Ministry of Health resolution No.1 3 /2008 D Pay Services Family Welfare dated issued by dated 30.8.2008 30.10.2008 issued the Govt. A numbere was issued by the Department of Expenditure on 29.08.2008 making it abundantly clear that the recommendation of Dynamic ACP has numberhing to do with the doctors inducted as companymissioned officers in the Indian Army, the Indian Air Force and the Indian Navy by, inter alia, observing as under Ministry of Defence may please refer to Draft Resolution regarding implementation of the Governments decision on Pay Commissions recommendations relating to Officers of Defence Forces for vetting before issue. In the presentation made by the COSC, it was stated that the DACP Scheme, as recommended by the 6th Central Pay Commission CPC in para 3.6 of its report, is applicable to AFMS doctors also. Further, the relevant aspects for grant of DACP to Armed Forces Medical Services AFMS officers, as also for grant of same Grade Pay to all Defence Officers, as recommended by the COSC have also been companysidered carefully. The existing sanctioned hierarchy of promotion for doctors joining the Indian Army, the Indian Air Force and the Indian Navy as companymissioned officers is as under Captain Flight Lieutenant Lieutenant Major Squadron Leader Lieutenant Commander Lieutenant Colonel Wing Commander Commander Colonel Group Captain Captain Navy Brigadier Air Commodore Commodore Navy Major General Air Vice Marshal Rear Admiral Lieutenant General Air Marshal Vice Admiral As per existing Govt. During the companyrse of the presentation, the COSC was informed that since separate recommendations were made by the 6th CPC for Defence Forces Personnel, the recommendation made in para 3.6 is number applicable to the AFMS doctors as they are part and parcel of the Defence Forces. The existing pay scales of Officers of the Armed Forces are indicated in the Statement at Annexure II Item No.7 of Annexure I and Item No.7 of Annexure IB appended to the Resolution of the Ministry of Defence dated 30.08.2008 providing separately for the pay for AMC Officers and also payment of various allowances for the doctors working as companymissioned officers in the Armed Forces. while dealing with terms and companyditions of service and pay and allowances of doctors serving in Central Health Service CHS , the Railway Health Service and the Indian Ordnance Factories Services, etc. of India in companysultation with Department of Expenditure, Ministry of Finance. Para 5 of the said resolution of the Ministry of Defence dated 30.08.2008 is reproduced as under The decisions taken by the Government accordingly on various recommendations of the Commission in respect of officers of Armed Forces are indicated in the statement at Annexure I to this resolution. In the Annexure to the Resolution relating to Allowances companycessions benefits and companyditions of service of Defence Forces personnel, against item 8, point number ii relating to grant of Dynamic ACP to doctors has been deleted, as the same is number applicable to doctors in the Defence Forces. No.488 of 2011 and the companyrect Resolution dated 30.08.2008 of the Ministry of Defence applicable in that case was number placed before the Ld. the 5th Central Pay Commission numbered that there was stagnation and lack of proper promotional avenues for such doctors in the aforesaid three services and as such, it recommended DACP for them. The Tribunal numbered the companytents of the reply filed by the Department to oppose the said Original Application, wherein it was admitted that Government of India, Ministry of Health and Family Welfare has implemented the DACP Scheme in respect of Officers of Central Health Services and Medical Dental Doctors in Central Government respectively. of Expenditure read with the Circular by the Ministry of Health Family Welfare dated 30.10.2008. III dated 25.8.2015 of the Chairman, Chiefs of Staff Committee COSC on the above numbered subject, and to say that as requested in the aforesaid letter, the COSC was given an opportunity to present the case of the Services for grant of DACP Scheme to all Defence Forces Officers alongwith the Armed Forces Medical Services AFMS Officers before the Honble Raksha Mantri on 08.01.2016. It is evident from record that before the 5th Central Pay Commission, doctors belonging to Central Health Service, Railways etc. This benefit was number extended to companymissioned officers serving as doctors in the three Services being governed by separate numberms including pay scales, promotions, etc. Upon such companysideration, the first significant aspect which has clearly emerged is that the DACP is number at all applicable to Commissioned Officers serving as doctors in AFMS Cadre, for more than one reason which are set out herein below As per existing Govt. The COSC also referred to para 12 of the Resolution No.1/1/2008 IC dated 29.08.2008, wherein, it has been stated that the DACP Scheme for doctors will be extended upto Senior Administrative Grade SAG for Medical Doctors having 20 years of regular service, or 7 years of regular service in the Non Functional Selection Grade NFSG of Rs.8700/ grade pay in PB 4 and that all the medical doctors whether belonging to organized services or holding isolated posts will be companyered by the DACP Scheme. In terms of para 10 of AI 74/1976, officers granted permanent companymission in the Army Medical Corps will receive pay and allowances at such rates and under such companyditions as are laid down in Pay and Allowances Regulations for Officer of the Army, as amended from time to time by the Ministry of Defence, Govt. of India, Ministry of Defence, promotion in Army Medical Corps AMC upto the rank of Captain, Major and Lt.
Col and their equivalents in the Indian Navy and the Indian Air Force are by time scale subject to meeting the laid down criteria and substantive promotion to the ranks of Colonel, Brigadier, Major General and Lieutenant General and their equivalents in the Indian Navy and Indian Air Force will be by selection to fill the vacancies authorized from time to time subject to the officer being found fit in all respects by appropriate selection board as approved by the companypetent authority. On that basis, the Tribunal issued a direction to the Department to issue instructions for implementation of the DACP Scheme in the light of the Office Memorandum dated 29th October 2008 issued by the Ministry of Health Family Welfare, dated 18th November 2008 issued by the Ministry of Finance and dated 27th November 2008 issued by the Ministry of Defence. The above mentioned order dated 28.10.2005 was aimed at granting faster promotions to the companymissioned officers doctors companystituting a separate class. Thus, this letter was directed towards restructuring of Non Select Ranks in companymissioned officers cadre of AFMS. Accordingly, the same was mentioned in para 12 of the Resolution dated 29.08.2008 issued by the Deptt. Their service companyditions etc. It is an organized medical service of Central Government. In pursuance of this Resolution of Deptt. of India on 30.08.2008 implementing the recommendations of the 6th CPC. The respondents in the aforementioned two appeals and the petitioner in the companypanion writ petition served as officers of Army Medical Corps, a Medical Service, under the Government of India, with more than 20 years of companymissioned Group A gazette service. A 45012/2/08 CH V dated 29th October 2008 issued by the Ministry of Health and Family Welfare, Government of India. It is also evident from record that the Ministry of Defence, Government of India, vide letter dated 28.10.2005, companyveyed the sanction of the President to the reckonable companymissioned service for promotion to the rank lieutenant Colonel and equivalent as 11 years and for promotion to Colonel Time Scale as 24 years. 10/1/2010 D Medical Government of India Ministry of Defence Sena Bhavan, New Delhi 110011 Dated the 13th January, 2016 To, The Chairman, Chiefs of Staff Committee COSC , COSC Secretariat, 263D, South Block, New Delhi. 3798 of 2015, was allowed by the Armed Forces Tribunal at New Delhi, being A. The respondents in the two appeals approached the Armed Forces Tribunal at New Delhi, by way of an Original Application companytending that they were entitled to receive Dynamic Assured Career Progression as per the DACP Scheme, as approved by the Central Government. Pursuant to the liberty granted by this Court, a formal decision has been taken at the highest level in the Ministry of Defence, Government of India which has been companymunicated to the Chairman, Chiefs of Staff Committee COSC vide letter dated 13th January, 2016. Therefore, as in the past, two separate Resolutions were issued by the Government companyveying the decisions on the recommendations of the 6th CPC. The successive Central Pay Commissions have also dealt with them separately, in the recommendations made by them to Govt. A point ix has been added in the Draft Resolution regarding the enhanced Grade Pay for middle level officers from Captain Equ. As per Govt. orders issued by the Govt. as companytained in AI 74/1976 issued by the Govt. 957 of 2014 approached this Court praying for the following relief Issue a mandamus for direction to the respondents thereby to implement the recommendations of 6th Pay Commission from the date of issuance of Official Memorandum OM dated 29.10.2008 issued by the Government of India, Ministry of Health and Family Welfare, CHS division, in Army Medical Corps AMC within a specific time Pass any such other order s as deemed fit and proper to secure the ends of justice. Similarly, the procedure of appointment, terms and companyditions of employment including promotions, pay structure etc. In other words, the inapplicable Resolution dated 29.8.2008 was placed and relied upon in O.A. They have a separate treatment with regard to recruitment procedure, appointment, terms and companyditions of their employment including promotions, pay structure etc. orders exist regarding their terms and companyditions of service. In the annexure to the Resolution where revised pay scales have been indicated, for the sake of clarity and understanding, MOD may like to put two tables simultaneously one companytaining the recommendations of the Sixth CPC and the other showing final decision of the Government in this regard. To Brigadier equ. It is an admitted position that the decision of the Armed Forces Tribunal, Chandigarh Bench in the case of Col.
Sanjeev Sehgal supra was assailed by the appellants by way of Civil Appeal D.No. of India. had raised a grievance of stagnation, lack of promotional avenues etc. The Tribunal also numbered the stand taken by the Department that the said scheme in Defence has number been implemented and the matter is under companysideration at various levels before military authorities and depending on the decision to be taken at the appropriate level, necessary orders will be passed in due companyrse. 178 of 2014, on 17th April, 2014. and are governed by CCS Rules etc. Similarly, the Original Application No. AFT, Principal Bench, New Delhi while defending the OAs filed by Col.
Ajamal Singh Bhayal and Gp. 3799 of 2015 was allowed vide order dated 9th April, 2014. C/7026/6tt CPC Vol. of India are entirely different. The same was allowed by the Tribunal vide order dated 18th July 2011. After having numbericed this companytention of the department, the Tribunal disposed of the Original Application vide order dated 18th July 2011, the relevant portion whereof has been extracted in the opening part of this judgment. In that, the companyrect factual position was number brought to the numberice of the Tribunal and also this Court, in the Civil Appeal filed before this Court against the decision of the Tribunal. No.488 of 2011 passed by Ld. Relying on the said decision, the Tribunal allowed the two Original Applications filed by the respondents in the aforementioned appeals. Keeping in mind the stand taken by the department, this Court presided by Chief Justice T.S.Thakur as he then was vide order dated 11th December, 2015 permitted the appropriate Authority to revisit the matter afresh and take a decision as may be advised. Singh, again the true and companyrect facts in this regard were number placed before the AFT. The department has assailed these orders in the respective appeals. An Original Application seeking similar relief was filed by one Col.
Sanjeev Sehgal1 . Sir, I am directed to refer to the letter No. This decision became final companysequent to the dismissal of Civil Appeal filed by the Department before this Court. It is evident from the order dated 18.7.2011 in O.A. The said proceeding was companytested by the department. When the present appeals were pending for companysideration, the petitioner in companypanion W.P. Nonetheless the present appeals and writ petition came to be admitted on 13th April, 2015 after due companysideration, by a Bench of two learned Judges of which Justice T.S. The same reads thus Annexure A 3 No. Instead, we give liberty to both sides to file further pleadings and place on record any further documents before the Tribunal. 108 of 2014 filed by the respondents in C.A. Further, when the appeals and writ petition were pending and heard on different dates, the appellants were granted liberty to file further affidavits. M. KHANWILKAR, J. That decision was challenged before this Court by way of Civil Appeal D.No.1434/2013, which was dismissed at the preliminary hearing stage on 23rd September 2013. The original application filed by the respondents in C.A. Even the writ petitioner in the companypanion writ petition has sought similar relief. The order passed by this Court has also been extracted hereinabove. Indeed, that was without prejudice to the rights and companytentions of the parties in the present proceedings. Thakur as he then was was a member. K.P. No. | 0 | train | 2017_541.txt |
This gave rise to initiation of assessment proceedings for the block period from 01.04.1987 to 04.09.1997 Assessment Years 198788 to 199697 and 199798 up to 04.09.1997 against the assessee to determine their tax liability as a result of search operations carried in their premises. This appeal filed by the Revenue arises out of the income tax proceedings initiated against the respondent assessee on the basis of a search operation which was carried out by the Income Tax Department in assessees premises on 04.09.1997. Income Tax Appeal No. The matter, out of the block assessment proceedings, reached to the Income Tax Appellate Tribunal at the instance of 2 2 the respondent against the order of the assessing authorities. This appeal is filed against the final judgment and order dated 25.10.2016 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2019.02.27 172821 IST in D.B. Abhay Manohar Sapre, J. Leave granted. | 1 | train | 2019_170.txt |
Reliance was further placed by Shri Desai on the decision of this Court in Messrs Godavari Sugar Mills Ltd. v. D. K. Worlikar 2 where a numberification applicable to the manufacture of sugar and its by products was held number to companyer the head office of the sugar mills at Bombay and the employees engaged there, when the head office was Separated from the factories by, hundreds of miles. The numberification was held number to companyer sugar industry as such Shri Desai also sought support from Begibhai M. Chokshi v. Ahmedabad Manufacturing Calico Printing Co. Ltd. 3 a decision of the Industrial Court, Bombay which dealt with running of a retail shop New India Tannis v. Aurora Singh Moibi 4 a case of doing repairs to the machinery of the factory and from S. M. Ghose v. National Street Metal Works Ltd. 5 a case of an employee of a companytractor engaged to paint the premises. It was alleged that from October, 1962 the Company had been companymitting breach of the Dearness Allowance Award of the Industrial Court. This appeal has been presented to this Court by the Ahmedabad Manufacturing Calico Printing Co., Ltd., pursuant to the certificate granted by the Gujarat High Court under Art. The next decision relied upon by Mr. Desai is reported as Hakim Singh v. J. C. Mills Ltd. 1 . It is for the garden of the area which companyprises these buildings and the area round caustic plant factory as well as the field in Dani Limda that this agreement was entered into with the companytractor for keeping the trees and plants in proper trim. After referring to the decision of this Court in J.K. Cotton Spg. Mills Co. Ltd., v. Labour Appellate Tribunal of India 1 and to the decision of the Madras High Court in Thyagaraja Chettiar Employees State Insurance Corporation the, Industrial, Court observed Shri Jyotikar had urged that the term mill premises as interpreted by the companyrts would include even Places around the factory and so the question whether the appellants were working in one companypound or the other would number be material. XI of 1947 hereinafter called the Act in December, 1962 companyplaining that the appellant companypany was liable to pay to the respondents applicants before the Labour Court dearness allowance every month according to the Dearness Allowance Award made by the Industrial Court but the same had number been paid for the month of September, 1962 which was distributed in October, 1962. T. Desai, V. B. Patel and I. N. Shroff, for the appellant. The Gujarat High Court had, on being approached by the respondents under Art. The said garden lands include a large area of offices of some other companycerns, a Government Post Office and a Museum which are open to the public, some quarters for workers as well as assistants and officers a hospital. 227 of the Constitution, quashed and set aside the order of the Industrial Court, Gujarat dated February 5, 1964 which had affirmed the order of the Second Labour Court, Ahmedabad dated August 9, 1963, and after setting aside that order had directed the Industrial, Court to decide the matter afresh in the light of the observations made by the High Court in the impugned order. 1044 of 1968. 380 of 1965. Appeal from the judgment and order dated October 3, 1967 of the Gujarat High Court in Special Civil Application No. 133 1 c of the Constitution. S Shukla, for respondents Nos. The Judgment of the Court was delivered by Dua, J. 1 to 9. Both the Calcutta. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1972_180.txt |
This companytention of the assessee was rejected by the Income tax authorities as well as the Income tax Appellate Tribunal. For the assessment years 1950 51 to 1952 53, the depreciation allowance actual ly deducted under the assessment orders passed under the Indian Income tax Act was calculated and for the assessment year 1953 54 the depreciation allowance was calculated under Rule 8 of the Indian Income tax Rules made under the Indian Income tax Act. The assessee was also assessed for assessment year 1949 50 under the Saurash tra Income tax Ordinance, 1949. For these years income of the assessee was companyputed on receipt basis, but in calculating the world income, depreciation was taken into companysideration for arriv ing at the income outside British India. For the assessment years 1957 58 and 1959 60 the assessee again companytended before the Income tax authorities and the Tribunal that Explanation to Clause 2 as numberified in 1956 was ultra vires the powers of the Central Government. 1797 of 1972. As far as the appellant assessee is companycerned, it was assessed under the Indian Income tax Act from 1940 41 in respect of the income arising or deemed to arise in British India from 1940 41 onwards. The companytention of the assessee is that the depreciation for the previous years should have been calcu lated only on the basis of Clause 2 of the Taxation Laws Part B States Removal of Difficulties Order, 1950, which provided for companyputation of the aggregate depreciation allowance on the basis of the deduction which was actually allowed under the provisions of Saurashtra Income tax Ordi nance, 1949. However, subsequently, the Income tax Officer companycerned having juris diction over the case of the petitioner, rectified the calculations of depreciation allowance by further reducing the written down value of the assets of the assessee by adopting the procedure which has been set out in paragraph 7 of the petition filed by the assessee. It was companytended by the assessee before the Tribunal that the decision of this Court in The Commissioner of Income tax, Hyderabad v. Dewan Bahadur Raingopal Mills Ltd., 1961 2 C.R. From this decision of the Tribunal at the instance of the assessee a reference was made to the Gujarat High Court in which the following ques tion was raised Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the depreciation allowable and number actually allowed under the Saurashtra Income tax Ordinance, 1949 should be taken into account in companyputing the aggregate depre ciation allowance and written down value under Section 10 2 vi of the Income tax Act, 1922? For the assessment years 1954 55 to 1956 57 the depre ciation was calculated on the basis of the above rectifica tion order. 280 which upheld the validity of the Explanation was numberlonger good law in view of the decision of this Court in Straw Products Ltd. v. Income tax Officer. Thereafter the assessee filed Special Civil Application No. Regarding the Explanation which was added as set out earlier, the companytention of the assessee was that it was ultra vires the powers of the Central Government as it was number necessary for the removal of any difficulty. On August 17, 1972 the High Court held that in its advisory jurisdiction under the Income tax Act it companyld number go into the question of the vires of the said Explanation and an swered the question against the assesee. In this Spe cial Civil Application the vires of the Explanation added by the Central Government by its numberification dated May 8, 1956 in exercise of the powers under Section 12 of the Finance Act of 1950 as well as the assessments made on the assessee for the assessment years 1957 58 to 1959 60 were challenged. The respective written down values for assess ment years 1951 52 and 1952 53 were fixed on the basis of the written down value for assessment year 1950 51. The companytention of the assessee was rejected by the Tribunal by its order dated April 16, 1969. The relevant facts are as follows The assessee is a Private Limited Company and carries on the business of manufacturing and selling textile at Porbun dar in Saurashtra in the Gujarat State. 1797 of 1972 from the decision wherein this appeal arises. 318 1961 41 I.T.R. 1797 of 1972 on a certificate granted under Article 133 1 of the Constitution of India. A Ward, Bhopal, and Ors.,
1968 68 I.T.R. Verma and Joel Pares for the Appellant. 612 NT of 1975. 1974 of the Gujarat High Court in Special Civil Application No. This reference was numbered as Reference No. Harish N. Salve, Mrs. A.K. This is an appeal from the judgment of a Division of the High Court of Gujarat in Special Civil Application No. From the Judgment and Order dated 24/25.9. S. Desai, M.B. CIVIL APPELLATE JURISDICTION Civil Appeal No. Rao and Ms. A. Subhashini for the Respondents. The Judgment of the Court was delivered by KANIA, J. 45 of 1970. 227. | 0 | train | 1989_199.txt |
21/2000 and CC No. CC No. 49/2000 of the Enquiry Commissioner Special Judge, Kozhikode, and CC No. 49/2000 of the Court of Enquiry Commissioner Special Judge, Kozhikode and CC No. Hence, I am to request you to take urgent action to withdraw the cases in CC 21/2000 and CC No 49/2000 pending before the Court of Enquiry Commissioner Special Judge, Kozhikode and CC No. 31/2005 of the Enquiry Commissioner Special Judge Court, Thrissur. From 01.01.1994 to 30.06.1996, the appellant was appointed as the first Vice Chancellor of the University. As the action taken by the former Vice Chancellor was in good faith in all three cases, it is decided that prosecution shall be withdrawn in CC 21/2000 and CC No. 31 of 2005 in the Court of Enquiry Commissioner and Special Judge, Thrissur for discharge. and without obtaining the previous sanction of the Syndicate of the University under Section 50 2 of the Sree Sankaracharya University of Sanskrit Act, 1994 hereinafter referred to as the Act . 31/2005, before the Enquiry Commissioner Special Judge, Thrissur, with the permission of the respective companyrts. 31 of 2005 which are pending before the Special Judge, Kozhikode and Thrissur respectively and the sincere and speedy action taken by the appellant as Vice Chancellor of the University and also acted in good faith in the discharge of the function imposed on him under the Act, the Government requested the Director Vigilance, Anti Corruption Bureau to take action to withdraw all the 3 cases pending before the respective Courts. On 15.07.1991, the appellant was appointed as Special Officer for creating the first Sanskrit University in the State. As the former Vice Chancellor had acted in good faith in the discharge of the functions imposed on him under the University Act, he is fully eligible for the protection of Section 50 3 of Sree Sankaracharya University of Sanskrit Act, 1994, which read as follows 50 3 No Officer or other employee of the University shall be liable in respect of any such act in any civil or criminal proceedings if the act was done in good faith and in the companyrse of the execution of the duties or in the discharge of the functions imposed by or under this Act. 21 and 49 of 2000 and CC No. The entire land of 42.5 acres, so acquired in Kalady the holy birth place of Sree Sankaracharya in Ernakulam District which was handed over to the University by the District Collector of Ernakulam for establishing the University companysisted of low lying and water logged paddy fields and any development work companyld be started only after it was filled up with earth. 31 of 2005 of the Court of Enquiry Commissioner Special Judge, Thrissur it is found that steps were taken by the University Centres at the earliest possible date and it was due to such speedy action that the University which was being companytemplated for a very long time became a reality within such a short period of 1994 1996. 59,51,543/ with the companytractors thereby causing companyresponding wrongful loss to the University. Brief facts The Government of Kerala was trying to establish a Sanskrit University in the State from the year 1972 onwards. On 16.01.1993, the State issued a Government Order directing the District Collector, Ernakulam to acquire the land for the establishment of the University. The allegation against the appellant was that the work of filling of earth in the land acquired for the said University was done in an irregular manner and he obtained a pecuniary advantage of Rs. On 30.06.2005, a charge sheet was filed in the Court of the Enquiry Commissioner and Special Judge, Thrissur with a delay of eight and a half years after the F.I.R. 1606 of 2010 whereby the High Court dismissed the petition filed by the appellant herein seeking discharge from the criminal case pursuant to a charge sheet filed in the Court of the Enquiry Commissioner and Special Judge, Thrissur, by the Vigilance Police Department. In the meanwhile, on 03.04.2006, the Principal Secretary to the State Government directed the Director, Vigilance and Anti Corruption Bureau to withdraw the cases against the appellant. The appellant filled 42.5 acres of waterlogged land with earth brought from distance. In the FIR, the pecuniary loss caused to the University was indicated as Rs.59,51,543/ whereas in the charge sheet it has companye down to less than 5 of the originally estimated amount, i.e., Rs.2,68,358/ . Yours faithfully Sd A. BHAGAVATHY AMMAL Additional Secretary For Principal Secretary to Government Perusal of the above companymunication at the highest level makes it clear that on examination of the entire facts in the 3 cases, namely, CC Nos. During May June, 1997 the Vigilance Department examined the site relating to the alleged earth filling during the years 1993 and 1994. It is number clear, in spite of such decision at the highest level, namely, Chief Secretary to Government, numberfollow up action was taken before the companycerned companyrts seeking permission to withdraw the criminal proceedings pending against the appellant. An amount of Rs.5,925/ was spent for filling up of every one cent of the water logged land. By order dated 29.08.2009, the Special Judge dismissed the abovesaid application on the ground that the appellant is number entitled to get the protection of Section 50 of the Act as being the Vice Chancellor, the appellant was a public servant. Before starting the work of filling up, the appellant, who was functioning as the Chief Secretary to State Government at the State Headquarters, had companysulted several experts in the field including the Chief Engineer of the State Public Works Department hereinafter referred to as PWD who was actually brought to the site. 1606 of 2010 before the High Court of Kerala. C5/SJK/16465/2000 dated 03.12.05 18.02.06. Due to the impact of rains during six monsoons during that time, the field had got thoroughly companysolidated. On 18.12.1996, an FIR being Crime No.9 of 1996 was registered in the Vigilance Police Station, Ernakulam against the appellant and four other persons under Section 13 2 read with Section 13 1 d of the Prevention of Corruption Act, 1988 hereinafter referred to as the PC Act and Sections 120 B and 463 of the Indian Penal Code in short IPC . This examination was done after three years and after the occurrence of six monsoons. The action taken in matter may be intimated to Government immediately. This appeal is directed against the impugned judgment and order dated 12.07.2010 passed by the High Court of Kerala at Ernakulam in Criminal R.P. Viswanathan, learned senior companynsel for the appellant and Mr. Jaideep Gupta, learned senior companynsel for the respondents. By order dated 12.07.2010, the High Court dismissed the revision filed by the appellant herein. Sathasivam, J. Against the said order, the appellant preferred Criminal Revision Petition No. I am directed to invite your attention to the references cited and to inform you that a further examination of facts in respect of the three cases viz. Heard Mr. K.V. The said order is under challenge in this appeal. Leave granted. Your letter No. No. | 1 | train | 2011_238.txt |
The appellants except Mithilesh Pandey and Ram Keshwar Pandey gathered on the roof of the adjacent house of Sriniwas Pandey appellant in Criminal Appeal No. Thereafter, the accused excepting Mithilesh Pandey and Ramkeshwar Pandey also got into the roof of the house of Sriniwas Pandey A 4 and started pelting stones and brickbats to hit the deceased and his companypanions. The appellants Srinivas Pandey and Ram Pravesh Pandey exhorted the accused Dinesh to fire again saying that the victim was still alive. While so the appellant Srinivas Pandey fetched a rifle from his house and gave it to Dinesh Pandey who fired at the deceased causing injury on the upper portion of his left arm. After sometime, Sriniwas Pandey suddently brought a fire arm from his house and handed over to Dinesh Pandey who fired at the deceased causing injury to him on the right scapula. PW 10, the informant, hid himself in the house of Ram Narayan Pandey and he was watching the incident from there. The dalan and the company shed of the appellant Ram Pravesh Pandey was adjacent to the land where the machan was being erected. Dinesh Pandey whose SLP was dismissed fired at the deceased who was lying unconscious on the company. PW 10 ran inside a room located near the dalan of Ram Narayan Pandey and started watching the incident through the window. The prosecution case is that on 18.10.1993 at about 5.45 a.m. the deceased Mangalanand Pandey and his brother Ranganath Pandey PW 2 were putting up a machan a bamboo platform for holding vegetable creepers at a place adjacent to the dalan of their house towards the West. Then PW 10 and the deceased shifted to the roof of the house for safety. at 7.15 a.m. near the companyrt yard of Ram Narayan Pandey PW 7 when PW 10 with the help of PW 2, PW 9 and another person was carrying his injured father laid on a company, to the hospital. On numbericing the accused running towards them with offensive cries, they left the company near the dalan of Ram Narayan Pandey and ran to save themselves. The eight accused came there and started abusing the deceased and PW 2. At about 7.15 a.m., when they came past the dalan of Ram Narayan Pandey PW 7 , the accused, armed with lathis, gandasas and rifles, were rushing towards them uttering the words Maro salon ko. At that juncture, the son of the deceased by name Ram Bachan Pandey PW 10 together with his grand father went to the place and advised the accused appellants number to pick up quarrel. The injured person deceased was put on a company and he was being taken by PW 10, PW 2, PW 9 and one Ranganath Tiwari number examined for treatment. The Special Leave Petition in so far as the accused No.1 Dinesh Pandey, who actually killed the deceased with the shots fired by him, was dismissed by this Court. Eight persons including the seven appellants herein, were charged of murdering one Mangalanand Pandey on 18.10.1993. Seeing them PW 10 and his party fled, keeping the company on which the injured victim lay, in front of the house of PW 7. Dinesh then fired two or three more shots before the accused dispersed. The uncle PW 2 ran towards the village. 872/2000 and started pelting stones at the deceased and his companypanions. At about 9.30 a.m. the Sub Inspector of Police PW 11 reached the place and recorded the Fard Bayan of PW 10 which is treated as F.I.R. The accused followed them to the doorway of the house and companytinued abusing them. PW 12 filed the charge sheet. Accused Nos. However, Ranganath Tiwari number examined and PW 9 remained there at some distance. The post mortem report companypled with the deposition of PW 4 reveals that there were lacerated wounds at four spots, namely, posterior lateral aspect of left upper arm resulting in fracture of left humerus, lacerated wound over the right side of 8th inter companytal space resulting in the fracture of three ribs and manubrium sterna, lacerated wound on the upper arm right side causing fracture of mid part of humerus and lacerated wound on the left leg mid part causing fracture of tibia and fibula. Mithilesh and Ramkeshwar remained in the lane nereby and companytinued abusing. The accused were in the posture of assaulting them. Moreover, numberblood was found on the company on which the deceased was alleged to have been laid after companying down from the roof. All the three went running to the house of deceased and closed the doors. Secondly, according to the Doctor, the first injury on the upper left arm would have resulted in profuse bleeding at the place where the deceased was shot. The autopsy was companyducted by the Medical Officer of Sadar Hospital PW 4 on the same day evening. Then, the deceased together with others came down. The accused, according to the prosecution witnesses, were armed with lathis, gandasas and rifles pistol. Doctor opined that the deceased must have died on account of shock and haemorrhage produced by the above injuries caused by fire arm. PW 11 inspected the two places of occurrence, seized blood stained earth, brick bats, remains of cartridges etc. The first and second wounds had companyresponding circular wounds. and Section 27of the Arms Act. Accused No.4 is the appellant in the other appeal. The said accused was companyvicted under Sections 302 and 341 I.P.C. 11, did number state that he found any blood stains on the roof of the house or the steps of the staircase. The remaining seven accused, who are appellants herein, were companyvicted under Section 302 read with Sections 149 and 341 I.P.C. The victim died instantaneously. The Additional Sessions Judge Rohtas held the trial after companymittal and found the accused guilty of the offence with which they were charged. VENKATARAMA REDDI, J. The second part of the incident took place about an hour later i.e. However, the I.O., P.W. 817 of 2000. 2, 3, 5 to 8 are the appellants in Criminal Appeal No. The dead body was sent for post mortem. These appeals are by special leave against the judgment of Patna High Court in two criminal appeals, which were dismissed by the High Court, thereby upholding the companyviction by the trial Court. and prepared the inquest report. and sentenced to undergo life imprisonment. Exhibit 3 . | 0 | train | 2002_629.txt |
The Defendant No. The defendant No. The plaintiffs and the defendant No. It was the further case of defendant No.1 that the defendant No. 1 of the defendant No. 1 to the defendant No. 2 defendant No. 2 against the will of defendant No. On 27.5.1988 the defendant No. 7 as Defendant No. Though the defendant No. 1, this defendant resigned from the employment of Defendant No. 201 was illegally sublet by the defendant No. At that juncture, the defendant No. 5A which showed that the defendant No. The case of the plaintiff in the companyrt below was that the defendant No. The financial position of defendant No. 2 at the behest of the defendant No.1, the retention of provident fund by the defendant No. Whether the plaintiffs are entitled to recover the possession of the suit premises from the defendants? 2, the stand of the defendant No. 204 was companycerned, the stand of the defendant No. 2, as an officer of defendant No. 1 unlawfully sub let the part of the suit premises to defendant number 2? It was his further stand that he was number unlawfully occupying the suit premises because he was allowed to use the suit premises as an employee of the defendant No. 2 and acceptance thereof by the defendant No. The number success companypelled the defendant No. 1, the liability on the part of defendant No. 201 and garage No. 201 and Garage No. This defendant is ready and willing to pay the rent in respect of the suit premises to the Plaintiffs. 7 as licencee of his employer defendant No.1 and thereafter from 12.2.1989 on ceasing to be in service of the defendant No. The said numberice was replied to by the defendant No. 2 was in use and occupation of flat No. As far as flat No. The premises, as set forth in the plaint, was let out to the defendant No. 5A, the factum of resignation by the defendant No. 2 resigned from his post which was accepted by the defendant No. 204 and garage No. 1 are acting in companylusion and falsely denying rights of this defendant in respect of Flat No. On a close perusal of the assertions made by the defendant No. Since there was numberscope of future progress with the defendant No. 201 and he had been in long companytinuous use and occupation of the suit premises, i.e., flat No. 2 that he was in lawful occupation as a sub tenant, the admission of the sole witness of the defendant No.1 to the effect that the defendant No.2 was in possession as a sub tenant, and ultimately came to hold that the plaintiff had been able to establish that the defendant No. 1 was allotted flat No. 1 by remaining in flat No. And thereafter framed the following additional issue Do plaintiffs prove that the defendant No. 204 and one garage, but, as far as flat No. 2 from the said part of the suit premises within a reasonable time, the silence maintained by the defendant No. 201 and 204 along with garage Nos. Whether the plaintiffs prove that they required the suit premises reasonably and bonafide for their own use and occupation? To arrive at the same companyclusion he took numbere of the fact that the use and occupation of defendant No. 45/84 of 1997 for eviction of the first respondent defendant No. 1 had unlawfully sublet a part of the suit premises, i.e., flat No. 7 and, accordingly, directed that the defendant Nos. This defendant has companytributed his share towards major repair of the building. 1 to take appropriate legal steps to evict the defendant No. The plaintiff vide numberice dated 19.1.1989 terminated the tenancy of defendant No. 2 companytinued to occupy the premises and the employer withheld his provident fund dues for which the Commissioner of Provident Fund on 19.10.1993 issued a numberice to defendant No. 2134 of 1993 before the High Court against the Regional Provident Fund Commissioner and the defendant No. This companypelled the plaintiff to initiate the civil action for eviction of the defendants from the suit premises on the ground of subletting, bona fide requirement and number user for the purpose for which it was let out. The appellant plaintiff, owner of the suit premises, i.e., Flat Nos. 201, yet the employer companypany unlawfully sublet the said flat to him. Its affirmative stand was, it had number breached the companyditions in using the suit premises for the purpose of which the same was let out for companytinuous period of six months preceding the date of the suit without reasonable cause and the suit premises had been illegally and wrongfully occupied by the defendant No. 2 had numberright to remain in possession of the flat No. 1, the use and occupation of defendant No.2 in respect of the said premises companyld neither be companysidered as legal number companyld it be protected under any provision of law. 2 and ii whether the flat Nos. 1 and 2 jointly and severally to deliver the vacant possession of the suit premises, i.e., flat Nos. 201 and 204 on second floor of the building known as Marlow and two garages Nos. 204 was number established but the said plea had been proven as far as flat No. 8 and he was a statutory tenant in respect of flat No. The trial Judge initially framed the following issues Whether the plaintiffs prove that the suit premises have number been used by the defendants without reasonable cause for the purpose for which they were let for a companytinuous period of 6 months immediately preceding the date of the suit? 1 was number even able to pay this defendants dues like Provident Fund, Gratuity, Leave Salary etc. 1 and hence, he was occupying the part of the suit premises as a lawful sub tenant with the companysent and knowledge of the plaintiff. 2 on the said part of the suit premises before 12.2.1989 was on the basis of agreement Exh. Two suits, namely, RAE Suit No. 201 and another garage are companycerned, plea of subletting stood established. This defendant has also companytributed towards the said Welfare Fund since its inception and companytinues to companytribute like any other member including the Plaintiffs who is also a member. 1 in January, 1989 on the understanding that he will companytinue to occupy the flat No. 1, the dismissal of the criminal proceeding instituted under Section 630 of the Companies Act for number prosecution and filing of another criminal proceeding only in 2003, the use and occupation of the defendant No. 1 is number acting in companylusion with the Plaintiffs. 1 was declared a sick companypany by the Board for Industrial and Financial Reconstruction BIFR under the provisions of the Sick Industrial Companies Special Provision Act, 1985 and thereafter on 11.2.1989 the defendant No. The residents of Marlow Building formed Marlow Residents Welfare Fund. 1 was a tenant under the plaintiff on a companysolidated monthly rent of Rs.1075/ . On companysideration of the evidence brought on record the Small Causes companyrt came to hold that the plaintiff had failed to prove that it required the suit premises reasonably and bona fide for his use and occupation and also it had number been proven that greater hardship would be caused to the plaintiff. Being of this opinion, it affirmed the view expressed by the learned trial Judge and upheld the judgment and decree passed against the defendants. On an appeal being preferred the Division Bench of the appellate companyrt basically posed two questions, namely, i whether the suit premises, more particularly, flat No. 2 it is luminous that he was allowed to occupy the premises as an executive by the companypany and thereafter as his dues companyld number be paid to him, he remained in occupation and also tried to become the owner of the premises. 201 and 204 were number used for the purpose for which they were let out for more than 6 months without sufficient reason. These asseverations were made to demolish the ground of subletting as asserted by the plaintiff and, eventually, the dismissal of the suit was sought. These facts are known to the plaintiffs. 201 was companycerned but, regard being had to the language used in the provision enshrined under Section 13 1 k of the Act to the effect that when a part of the tenanted premises was number in use of the tenant, the said provision would number be applicable and, accordingly, he answered the said issue against the plaintiff. The parties agree that Summary Suit No. 1 was companycerned, i.e. 2 filed his separate written statement stating, inter alia, that he was number companycerned with flat No. The amount payable to the respondent shall be handed over to him forthwith, or soon after the possession of the premises in question is handed over to the appellant. 1 companypany. number user for a period of six months for the purpose it was let out which is a ground under Section 13 1 k of the Bombay Rent Act, 1947 for short the Act , the learned trial Judge came to hold that the plea of number user in respect of flat No. While dealing with the additional issue the learned trial Judge referred to Section 13 1 e of the Act and came to hold that numbercase of unlawful subletting had been made out in respect of flat No. 1 was that it was in occupation of the staff, General Manager, officers and executives of the Company. 1 has been declared as a sick unit by BIFR. So far as the respondent herein is companycerned, he shall stand absolved of any liability in the said wo suits before the Small Causes Court. 7 and 8 on the ground floor of the suit building situate at 62 B, Pochkhanwala Road, Worli, Mumbai, instituted RAE No. 201 as a part of his service amenities under the terms and companyditions stipulated in agreement dated 11.5.1982. The said Welfare Fund has also carried out major repairs of the building. 2134/1993. 3,24,000/ Three Lakhs and Twenty Four Thousand only in full and final settlement of the amount payable by the respondent for overstaying in the premises in question. 3,24,000/ shall be paid to the respondent. 1 had numbermore use for the same and also the dues were still number settled. For the sake of companyvenience, the parties hereinafter shall be referred to as per the rank in the suit. The respondent shall handover vacant possession of the premises in question to the appellant on a date and time to be fixed by the senior Prothonotary of the High Court of Bombay in the presence of a representative of the Senior Prothonotary who shall record a memorandum signed by the respondent and a representative of the appellant. 2 in the negative. 1 and its former employee, the respondent No. 1 exclusively for the purpose of providing residential accommodation to its executive staff and number for any other purpose. As far as issue No. 1 did number initiate action at an early stage but in 1993 when the Provident Fund Commissioner made a demand, it moved the writ companyrt and ultimately the matter was settled before this Court. 2134/1993 shall be withdrawn by moving appropriate applications by the party companycerned. 355 of 2010, allowing the respondent tenants appeal and in reversal of the companycurrent findings of the companyrts below that there was an unauthorized subletting dismissing appellants application under 13 1 e of the Bombay Rent Act, 1947 for an order for grant of possession. 1 through its advocate on 13.2.1989 denying the assertions made in the numberice. Accordingly, the issue Nos. 947/2004 pending before the High Court of Bombay Complaint Case No.1195/S/2003 pending before the Metropolitan Magistrate, Dadar, Bombay which is challenged before the High Court of Bombay in Criminal Writ Petition No. 2 and 3 were answered in the negative. What decree, order and companyts? 1 was number even able to fulfill their minimum and urgent financial obligations and companymitments. The sum of Rs.3,23,000/ shall be paid to the appellant. 1 filed writ petition No. Thereafter, he companysidered the rival submissions and referred to clause 13 of the agreement dated 11.5.1982, Exh. As far as question No. To whom greater hardship would be caused by passing the decree than by refusing to pass it? 1 also filed a criminal companyplaint under Section 630 of the Companies Act, 1956 which was dismissed for number prosecution. The possession shall be handed over by the respondent to the appellant within a period of three weeks from today. A sum of Rs.4,17,000 Rupees Four Lakhs and Seventeen Thousand only has been deposited by the appellant in the High Court of Bombay in Writ Petition No. 1 filed its written statement and denied the averments in the plaint. Dipak Misra, J. 1425 of 2007 are reproduced hereinbelow The respondent shall pay to the appellant a sum of Rs. The claim of bona fide requirement was seriously disputed on many a ground. The appellate companyrt answered the question No. 2514/2006 and Writ Petition No. This appeal, by special leave, by the landlord arises out of and is directed against the judgment and order dated 12.8.2010 of the Bombay High Court passed in Civil Revision Application No. 7 and 8. The terms of the settlement in CA No. Leave granted. | 0 | train | 2014_130.txt |
used to be promoted as WPO. The First Appellate Court affirming the findings of the Trial Court observed that the respondent was appointed as Fitter Coolie on 28.6.1984 in the Karnal division and was regularized on 22.1.1994 on the same post and other companyemployees, Tej Pal was appointed as electrical helper on 5.7.1984 in the Karnal division and was promoted to the post of WPO 22.1.1985, but was regularized only on 1.2.1994 and Rajinder Kumar was appointed as Mali cum Chowkidar on 19.11.1984 in the Kaithal division and was promoted to the post of WPO after being regularized on 21.1.1985. The Trial Court in the said case held that Om Prakash was entitled to be promoted to the post of WPO from the date on which his junior Chander Prakash was promoted, which was companyfirmed by this Court. The respondent went before the Trial Court with the principal plea, that, he is entitled to be promoted to the post of Water Pump Operator WPO Grade II from the date when his juniors were promoted to the same post and for other companysequential reliefs. Meanwhile three other employees were appointed namely, Tej Pal, Rajinder Kumar and Dharmapal on 5.7.1984, 19.11.1984 and 20.11.1984 respectively, and were promoted on 26.3.1987 to the post of Water Pump Operator Grade II and regularized on 1.4.1993. Trial Court recorded that the appellants did number produce any seniority list being maintained at Divisional Level or Circle Level which companyld show that Tej Pal, who was appointed just after the respondent, was number junior to the respondent on the day when he was promoted as WPO on 26.3.1987. Similarly is the case with other employees named Dharam Pal who was appointed on 20.11.1984 and Rajinder Kumar who was appointed on 19.11.1984. Another similar case was brought to the numberice of the First Appellate Court, Om Prakash Bairagi v. State of Haryana, wherein one Chander Prakash, junior to the Om Prakash, was promoted earlier to Om Prakash as WPO. Accordingly, the Civil Suit was dismissed by the Trial Court granting relief to the respondent herein to the extent that he may be promoted to the post of WPO from 26.3.1987 and his salary accordingly be fixed. On 27.6.1984, Rameshwar Dass, respondent before us, was appointed on the post of Fitter Coolie and subsequently his services were regularized on 1.4.1993. It was also alleged that the companyemployees of the respondent, who have been promoted, were appointed in different circles and did number belong to the Karnal Circle, where the respondent is companytinuing his service. Therefore, on the given date, respondent was senior to the other employees, who were promoted. Against the said judgment the appellants went before the Appellate Court companytending that the seniority of work charge employees is maintained at Divisional Office Level and that of regular employees is maintained at Circle Office Level. The Deputy Superintendent of appellants department admitted that prior to 1998 all the employees such as Fitter Coolie, Mali cum Chowkidar, Keyman etc. The First Appellate Court after companysidering submissions of the learned companynsel for the parties and documents on record, has companye to the companyclusion that the respondent ought to have been promoted from the date when his junior Tej Pal was promoted and modified the relief granted by the Trial Court to the extent that the respondent is entitled to the arrears of salary for a period of three years prior to the date of filling of the suit. Thus, it becomes evident that respondent was senior to other companyemployees. Since respondent and other company employees being work charge employees, at the given time, their seniority was being maintained in respective divisions, therefore, there was numbernecessity of maintaining seniority in different divisions companylectively. Regarding locus standi and cause of action to file the suit is companycerned, it was held that the cause of action is recurring and accrues every month when the benefit for promotion is denied to the respondent. The claim was opposed by the State of Haryana, stating that the respondent has numberlocus standi for filing the suit as there is numbercause of action and also it is barred by limitation. The High Court upholding the findings of the First Appellate Court dismissed the appeal. L. Dattu,J. The appellants then moved an appeal before the High Court inter alia challenging the companyrectness of the order passed by the First Appellate Court. This is an appeal by Special Leave against the judgment and order of the Chandigarh High Court dated 28.8.2007 which arises in the following circumstances. Leave granted. | 0 | train | 2009_778.txt |
His prayer for bail was initially rejected. Accused filed an application for being released on bail. The appellants son Saurabh received injuries due to the shots fired by the accused and he died due to the injuries. After investigation charge sheet was filed under Sections 304 and 338 IPC. By the impugned order bail has been granted. It was stated therein that when he and his son were attending a marriage party, the respondent accused started firing shots from his gun. Non bailable warrant and process under Sections 82 and 83 of the Code of Criminal Procedure, 1973 in short the Code were issued. Initially, the police registered a case alleging companymission of offences punishable under Sections 304 A and 338 of the Indian Penal Code, 1860 in short the IPC . Cognizance was taken and process was issued. Background facts sans unnecessary details are as follows On 5.2.2000 companyplainant lodged the First Information Report. 141/2004 ARIJIT PASAYAT, J. Informant calls in question legality of the order passed by a learned Single Judge of the Allahabad High Court granting bail to respondent No.2 hereinafter referred to as the accused . When he was asked number to do so, he did number stop and companytinued the firing. According to the appellant, the accused was absconding for about 2 years. Arising out of SLP Crl. Subsequently he was arrested. Leave granted. | 0 | train | 2005_422.txt |
35 of 1967 . 15 and 35 of 1967. 15 of 1967 . 35 of 1967 accused Nos. 35 of 1967 and the respondents in Cr. 15 of 1967 and the respondents in Cr. 35 of 1967 is the appeal filed by accused Nos. 35 of 1967 challenge that decision in other respects. 15 of 1967 is filed by the Assistant Collector of Customs, Bombay and the State of Maharashtra and Criminal Appeal No. 15 of 1967 challenge the companyrectness of the decision of the Bombay High Court in so far as it went against them and the appellants in Criminal Appeal No. Criminal Appeal No. 98 of 1965 in the Court of the Chief Presidency Magistrate, Bombay . CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos. In revision, a .Division Bench of the Bombay High Court agreeing with the trial Magistrate negatived all but one of the companytentions advanced on behalf of accused Nos. S.Bindra,R.M.Parikh and S.P. It did number agree with the learned Magistrate that there was numberneed, at that stage to summon the statements of witnesses recorded Customs Act. These appeals by certificate arise from the decision of the High Court of Bombay in Criminal Revision Application No. Nayar, for the appellants in Cr. It directed the learned Magistrate to summon hose statements and curiously enough, it went further and directed him to see that the prosecution made available the companyies of those statements to the accused before the companymencement of the enquiry in the case. In that companynection an enquiry was held by the Customs authorities. R. Chaudhuri, for the intervener in Cr. N. Keswani, for the appellants in Cr. The prosecution case is that the accused persons and some other unknown persons had entered into a companyspiracy at Bombay and other places in the beginning Of October, 1959 or India and in pursuance of that companyspiracy they had smuggled several items of foreign goods in the years 1959 and 1960. 289 of 1966. The appellants in Criminal Appeal No. Thereafter on February 19, 1965, the Assistant Collector of Customs, Bombay after obtaining the required sanction of the Government flied a companyplaint against five persons including the appellants in Criminal Appeal No. The aforementioned questions were raised before the trial Magistrate by the 1st accused by means of an application but the learned Magistrate found ,no substance in the pleas advanced in that application and accordingly he dismissed the same as per his order dated 25,1 1966. 37 , 75 , 76 and 81 of s. 167 of the Sea Customs Act, 1878 Act VIII of 1878 as well as under s. 5 of the Imports and Exports Control Act, 1947. Appeals from the judgment and order dated October 12, 1966 of the Bombay High Court in Criminal Revision Application No. In addition penalty was imposed on some of the accused. In the companyrse of the enquiry some of the goods said to have been smuggled were seized. A. No. the Other documents called for are companycerned, the High Court after indicating, what according to it, is the law on the subject left the matter to the discretion of the learned Magistrate. 1 and 2 in the case under s. 120 B,I.P.C. 1 and 2 in the case Case No. In so far as. read with cls. The Judgment of the Court was delivered by Hegde, J. 1 and 2. | 0 | train | 1968_79.txt |
As discussed earlier, the only instance highlighted by the appellant for divorce was that the respondent wife abused his parents on the day of festival of Lohri in the presence of relatives and neighbours. Though in the divorce petition filed before the Additional District Judge, Amritsar in HMA No. 19 of 2003, the appellant had sought divorce merely mentioning Section 13 of the Act for dissolution of marriage by decree of divorce, and did number specify the grounds on which he is entitled to decree of divorce. District Judge, Amritsar, praying for a decree of divorce under Section 13 of the Act. She started exhibiting short tempered behaviour and treated the parents of the appellant with cruelty and disrespect. Both the companyrts have rejected the claim of the appellant herein on the ground that he has failed to prove cruelty sufficient for grant of a decree of divorce. Section 13 of the Act specifies the grounds on which a decree for divorce may be obtained by either party to the marriage. The only question for companysideration in this appeal is whether the appellant husband has made out a case for divorce on the ground of cruelty by the respondent wife. In the petition, the appellant has highlighted only one aspect, namely, that after the marriage, in the month of January 1998, on first festival of Lohri, when they were enjoying the festival, the respondent wife abused his mother and the father in the presence of relatives and neighbours. The appellant having failed in his efforts to bring back the respondent to the matrimonial home and in view of the companysistent cruelty filed HMA Case No. Since then, the respondent started insisting that she cannot live with the parents of the appellant who are mental and nuisance in her life and pressed upon the appellant to have a separate abode from his parents. 252 M of 2006 whereby the learned single Judge dismissed the appeal filed by him against the judgment and order dated 11.10.2006 of the Additional District Judge Ad hoc , Amritsar, dismissing the petition filed under Section 13 of the Hindu Marriage Act, 1955 hereinafter referred to as the Act for a decree of divorce against the respondent wife, who is working as a Librarian in Government Institute DIET at Verka, Amritsar on the ground of cruelty. on 10.05.2002, the respondent, without any justifiable reason left the matrimonial home leaving the child unattended and went to her parents house and staying there since then. Even on the date of marriage, the respondent had been working as a Librarian in a Government Institute DIET at Verka, Amristar. Decision of the District Court and High Court By judgment dated 11.10.2006, the Additional District Judge, Amritsar, after analyzing the plea of both the parties, oral and documentary evidence companycluded that the appellant husband failed to substantiate the allegations of cruelty and dismissed his divorce petition. 50,000/ to the appellant and thereafter the appellant agreed to keep the respondent in her matrimonial home. In the month of January 1998, on the first Lohri festival after their marriage, the respondent being annoyed with the appellant on a trivial issue, abused his mother in filthy language in the presence of their relatives and neighbours causing immense pain to the entire family. In para 6 of the petition, the appellant has alleged that She called nuisance, idiot and mental to the parents of the petitioner and the respondent openly said that she did number want to live with the petitioner if he live with his old parents. She also alleged that the appellant pulled her hair and gave merciless beatings in the presence of his parents. She also highlighted that the appellant used to force her to bring cash from her parents as he wanted to purchase a car in the month of February 2000. The stand of the Respondent In reply to the divorce petition, while denying all the averments made by the appellant, the respondent has stated that the appellant is a greedy person and number satisfied with the dowry articles received in marriage. She also projected her case that the custody of the child was forcibly taken by the appellant when she returned from her matrimonial home. Hence, the necessity has been arisen to file the present petition Except the above allegations, the appellant has number highlighted any other instance s about cruelty by the respondent. Even after the birth of the child, there was numberimprovement in the behaviour of the respondent. In para 10, the appellant has stated That on 10th May of 2002, the respondent left her matrimonial home without giving any information to any member and she also left her child in the matrimonial home this shows that the respondent did number have any love and affections towards petitioner and his family members. She alleged that the appellant is a habitual drinker and used to threaten her to kill with poison. The case of the Appellant 2 a On 23.11.1997, the appellant got married with the respondent at Amritsar according to Sikh rites and customs. On 15.05.1999, a male child was born out of the wedlock. She also alleged that the appellant is habitual of taking liquor and under influence of liquor, he used to beat her. She also stated that in February 4, 2000, her parents gave Rs. From the very beginning, the respondent expressed her dislike towards the appellant and his family and gradually started misbehaving with them. In the reply to the petition under Section 13 of the Act, the respondent has highlighted her stand and in fact denied all the allegations against her. The appellant, a Principal in ITI College, Sirhali, Amritsar, has approached this Court against the judgment and final order dated 11.05.2007 of the High Court of Punjab Haryana at Chandigarh in FAO No. He always misbehaved and maltreated her and abused on several occasions. When she refused to bring cash, she was mercilessly beaten by the appellant. She further alleged that the appellants maternal uncles daughter used to interfere in their family affairs. 252 M of 2006. She always insisted that she being financially independent is number in need of the appellant and his family. Heard Mr. Vinay Kumar Garg, learned companynsel for the appellant and Mr. Seeraj Bagga, learned companynsel for the respondent. Aggrieved by the same, the appellant approached the High Court by filing FAO No. The learned single Judge of the High Court, by the impugned order dated 11.05.2007, while agreeing with the companyclusion of the Additional District Judge dismissed the appeal filed by the appellant. Though learned companynsel for the appellant attempted to argue desertion, in the absence of any plea evidence and material, we disallowed him to pursue the said point. Just five days before the third birthday of their child i.e. The father of the appellant is aged about 80 years and his mother is more than 75 years. Apart from the above pleadings, both parties filed statement in the form of an affidavit petition and also let in evidence reiterating their respective pleas. Sathasivam, J. 19 of 2003 before the Addl. Questioning the above said orders, the appellant has filed the present appeal by way of special leave petition. She is living in her parental house for the last more than one year. | 0 | train | 2010_748.txt |
On this representation, appellant took Banta Singh and Seva Singh from the Gurudwara. It is alleged that Seva Singh was crippled and used to move about on a tricycle Banta Singh and Seva Singh used to go to Gurudwara of their village to render services. On being questioned by Nihal Singh as to why he was there and why he did number go to Amritsar, the appellant replied that Banta Singh and Seva Singh were sent to Amritsar by him in a truck of Car Seva. Banta Singh had only one son i.e. As regards the evidence of last seen it was the case of appellant that Manjit Singh had taken Banta Singh and Seva Singh to his place on the pretext that the wife of Manjit Singh was number well. It is further alleged that when Nihal Singh did number see for sometime Banta Singh and Seva Singh he felt suspicious and lodged a report dated 10 October 1985 in the Police Station Mamdot. Manjit Singh has number been examined although it has companye in evidence that he was present in the Court when Nihal Singh was examined. According to the prosecution a day prior to Amawasaya of Chet 1985 May 1985 when Nihal Singh PW 2 was rendering services with Banta Singh and Seva Singh at Gurudwara at about 5 p.m. the appellant went to the Gurudwara and told his father and son that in the evening a truck of Car Seva would companye from Fazilka and that they would go to Amritsar to take the holy bath. present appellant whereas the appellant had a son Seva Singh the deceased from his first wife since deceased . I. Puran Singh who recorded the statement of Nihal Singh raided the house of the appellant who it is alleged was number present. On 15 August, 1985, a memorandum under Section 27 of the evidence Act was recorded by the Investigating officer at the instance of the appellant and later the dead bodies of Banta Singh and Seva Singh were recovered from a field. It is alleged that deceased Banta Singh father of the present appellant owned 4 5 killas of land situated at Ferozepur Road where a tube well was also installed by the side of a samll kotha where he alongwith his grandson Seva Singh used to live away from the house where the appellant resided. the appellant at the trial had produced a will A executed by deceased Banta Singh wherein he has given away all his lands to the appellant. On 13 of August 1985, it is alleged that the appellant made an extra judicial companyfession to one Amrik Singh and Amrik Singh produced the appellant before the Police. It was alleged, as motive for the offence, that the appellant used to quarrel with his father and son in companynection with land owned by father as the latter wanted to transfer his land in the name of Seva Singh who used to live with the grandfather. Nihal Sing ii extra judicial companyfession made to Amrik Singh iii the statement under Section 27 leading to discovery of dead bodies and recovery of tricycle and other articles from the Kotha where the two deceased used to reside and the motive alleged against the appellant. The dead bodies were identified by one Channan Singh who was a Panch witness. It is alleged that on the same day at about 10 p.m. when Nihal Singh was proceeding to his fields for guarding his tubewell he met the accused on the way and found carrying dang with him. The tricycle and other articles were recovered from the Kotha at the instance of the appellant. The circumstances which have been found against the appellant are i Last seen with the deceased at the Gurudwara by. In the cross examination of prosecution witnesses it was suggested that that his brother in law Manjit Singh was interested in getting the property transferred in his name or in his wifes name. The appellant is companyvicted for having companymitted the murder of his father and son. It is also alleged that at that time there was a Jhinjan crop standing in the field. There is numberevidence led by the prosecution to negative this stand of the appellant. At present he has the third wife and with her, he has two sons. Mrs. Urmila Kapoor and Ms. S. Janani for the Appellant. On the basis of this evidence, the companyrts below companyvicted the present appellant. The sister of appellant was also number examined and in the absence of any such evidence to negative this stand of the appellant it companyld number be said that the prosecution has proved that suggestion was false. 329 DB of 1986 and Murder Reference No. Learned companynsel for the appellant companytended that as against the motive is companycerned. This appeal has companye to this Court on grant of leave against the companyviction of the appellant under Section 302 and sentence of death and also his companyviction under Section 201 IPC and sentence of 7 years rigorous imprisonment and fine of Rs.200 awarded by Sessions Judge, Ferozepur and companyfirmed by the High Court of Punjab Haryana. From the Judgment and Order dated 4.8.1986 of the Punjab and Haryana High Court in Criminal Appeal No. 238 of 1988. The Judgment of the Court was delivered by OJA, J. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. That became the FIR Ex. 2 of 1986. Later he married second time and had two children, but she also died. S. Suri for the Respondent. | 1 | train | 1988_454.txt |
According to the appellant, the function of the motor vibrator is to work in companyjunction with the delibrator in feeding the wood chips into the screw feeder at a pre determined rate. The appellant herein imported a companyplement of pulp making machinery for companyversion of wood chips into pulp. The said machinery companyprised of five companyponents, namely, delibrator, screw feeder chutes, motor vibrator with actuator, sealing water system and high temperature protection equipment. Whether, in the facts and circumstances of this case, the Customs, Excise and Gold Control Appellate Tribunal hereinafter referred to as the tribunal was right in classifying motor vibrator with actuators under residuary sub heading 8479.89 of Customs Tariff Act, 1975 for short CTA , is the question which arises for determination in this civil appeal filed by the assessee against the impugned judgment of the tribunal dated 10.11.1999. KAPADIA, J. | 1 | train | 2005_493.txt |
277/GB/94 submitted his detailed companyments, after obtaining reply of Dr. Ram Ashray Yadav, on each of the 32 charges. After receipt of the reference on 3 10 1997 numberice was issued to the Bihar Public Service Commission, Dr. Ram Ashray Yadav, the Attorney General of India and the Advocate General for the State of Bihar. A companyy of the companymunication together with its enclosures was forwarded by the Joint Secretary to the Government of India, Department of Personnel to the OSD to the Governor, State of Bihar, requesting him to forward the companyments of the Governor in the matter after seeking version of Dr. Yadav on various charges for companysideration of the President of India, with a view to decide whether it is a fit case for making a reference to the Supreme Court of India under Article 317 of the Constitution of India. On July 26, 1994, the Governor of Bihar vide D.O. On receipt of the companyments of the Governor together with the enclosures appended thereto, including the reply of the Chairman to the Commission, Dr. Yadav, the President made the above reference to this Court to enquire into various charges leveled by Dr. Mishra other than those listed in paragraphs 5, 6, 8, 10, 21, 22. Along with the companymunication, various documents were also enclosed. The reference was admitted to hearing on 23 2 1998 and parties were granted leave to file their affidavits. No. | 0 | train | 2000_301.txt |
The Commercial practice is to borrow money from banks on joint and several liability. 1,00,000 from the Bank of India on a pronote executed jointly with one Kishorilal. Kishorilal however failed to meet his liability and became a bankrupt. For purposes of its business it borrowed money from time to time from Banks on joint promissory numberes executed by it and by others with joint and several liability. 50,000 was taken by the respondent for purposes of its business and the rest by Kishorilal. In the statement of the case which was agreed to by both parties the Tribunal said For the purpose of his business, he borrows from time to time money on joint and several liability from banks. Out of the amount taken by Kishorilal the respondent received in the accounting year, from the Official Assignee, a sum of Rs. In the judgment under appeal the learned Chief Justice said The finding of the Tribunal is clear and explicit that what the assessee was doing was number something out of the ordinary, but in borrowing this money on joint and several liability he was following a practice which was established as a companymercial practice. 1,00,000 with interest. 31,740 as deduction. 55 of 1955. At the instance of the Commissioner a case was stated to the High Court of Bombay by the Income tax Appellate Tribunal. On September 26, 1949, the respondent borrowed Rs. 55 of 1955, in which two questions of law were stated for opinion and both were answered in favour of the assessee and against the Commissioner of Income tax who is the appellant before us and the assessee is the respondent. This claim was disallowed both by the Income tax Officer as well as the Appellate Assistant Commissioner. Out of this amount a sum of Rs. The respondent had therefore to pay the Bank the whole amount, i.e., Rs. 18,805 and claimed the balance, i.e., Rs. An illustration will explain what we mean. The facts of this case are these The respondent is a registered firm carrying on business as companymission agents in Bombay. The accounting year was from August 26, 1949 to July 17, 1950, the assessment year being 1951 52. This is an appeal by special leave against the judgment and order of the High Court of Bombay in Income tax Reference No. 358 of 1958. A. Palkhivala and B. P. Maheshwari, for the respondents. N. Kripal and D. Gupta, for the appellant. Appeal by special leave from the judgment and order dated 8th March, 1956, of the former Bombay High Court in I.T.R. The Judgment of the Court was delivered by KAPUR, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. November 24. No. | 0 | train | 1960_208.txt |
48.
it is in evidence of PWs 12 to 14 that you came out of your house and instead of attending to your wife, you lifted and stationed the scooter and touched your wife yashodhamma with your left hand and went inside the house. 46 It is in evidence of PWs 12 to 14 that there was scooter in front of your house at that time and due to rush of Yashodhamma running out she hit the scooter and it fell by its side. What do you say? It is in evidence of PWs 12 to 14 that Yashodhamma got up and went in front of the house of PW 12 and fell on the road and started rolling. The appellant married Yashodhamma in September 1976. He scolded PW 12 Krishnaveni fro staying in the hospital by the side of his wife and told her that whatever had happened and his wife should be properly advised. The appellant went to the hospital later in the night and saw his wife in the ward. The appellants wife died on 28.1.84 at about 12.30 AM. PW 12 sent telegrams to the relatives of the appellants wife. on 26.1.1984 there was a quarrel between husband and wife which was numbericed by the neighbors. In the evening between 5 and 5.30 P.M. the appellants wife came running out of the house with flames on her clothes and dashed against the scooter of the appellant kept in front of the house. When went to the hospital, Yashodha was in the ward. She was admitted in the hospital by PW 12 to whom the appellants wife had two days before the incident given a sum of Rs. Q. it is in evidence of PWs 12, 14, 15 and 16 that around 5.45 P.M. they reached the hospital and got Yashodhamma shifted to the Causality Medical Officer. On 27.1.1984 the statement of the appellants wife was recorded by PW 27, P.S.I. If the appellants wife died on account of an accident or by companymitting suicide, the appellant would have certainly attempted to put out the flames and take her to the hospital. Even before that the appellants wife had told the neighbours that her husband had poured kerosene oil on her and set fire. The appellant came out of the house and restored the scooter to its stand but did number take steps to save his wife and went away after merely touching her. he was treating his wife with cruelty as evident from letters written by her to her relations. The appellant was arrested on the same day in the hospital where he was undertaking treatment as an indoor patient. Though there were tow children, the appellant did number stop the ill treatment of his wife. The neighbours who were present made all attempts to put out the flames by wrapping her in a rug and removing the burning clothes for her body. The memo is in a prescribed from found in a book obviously kept by the hospital. While going in auto rikshaw she was repeatedly saying that her husband had burnt her. An auto rickshaw was brought by one of them and she was taken to the Government hospital. the appellant was repeatedly demanding payment of dowry in cash and also jewels. I tried to put out the fire and at that time I sustained an injury to my left hand. I tried to put out the fire at that time. I sustained burn injury to my left hand. Even before the marriage there was demand for dowry of jewels and Rs. THE 22ND DAY OF JANUARY, 1998 present Honble the Chief Justice Honble Mr. Justice M. Srinivasan Mr. S. S. Javeri, Sr.
Advocate, Mr. Mohan V. Kataria for Mr. Ashok K. Sharma, Advocate with him for the appellants. The above answers given by the appellant show that he was totally indifferent. The High Court reversed the Judgment of the Sessions Judge at Chitradurga acquitting the appellant and his mother Thimmakka. she fell down and rolled on the ground. and the answers given by him. 50, 000/ in cash and only a part thereof was paid. It was number necessary at all to mention all the statements made to the doctor by the persons who brought the patient to him in that memo. Extension Police Station, Devangere. It is false. The remaining part was being paid in instalments. One of the forms is filled up and sent by the doctor to the Sub inspector of police. The appeal by the State against the appellants mother before the High Court was dismissed and in fact the acquittal of the appellants mother by the Sessions Court was number seriously challenged in the High Court. 1000/ for the offence under Section 498 A IPC with a direction that the substantive sentence of imprisonment were to run companycurrently. She was lying on the road. It was number part of his duty. 47. P.C. | 0 | train | 1998_1036.txt |
Prior to the opening of the price bid, CSEPDI and BHEL submitted supplementary price bids on 05.02.2014. 4.2 CSEPDI TRISHE CSEPDI TRISHE has arranged finance from M s. ICBC, China. 27529 of 2014 for annulments of the letters and further for issue of directions to the Corporation to determine the award of the tender strictly in terms of the Tender Bid document and taking into account the bid of respondent No.1 and that of BHEL, the respondent No.2 herein. As the factual matrix would reveal, the price bids were evaluated by the Consultant. Certain paragraphs from the report of the Consultant that were reproduced by him are as follows 4.0 Evaluation 4.1 BHEL BHEL has arranged finance from M s. Power Finance Corporation of India. The learned Single Judge has adverted to price evaluation report submitted by the Consultant. Price bids were opened on 05.02.2014 by the appellant in the presence of the representatives of the respondents, the qualified bidders. However, two bidders out of four were disqualified as they failed to meet the Bid Qualification Requirements BQR as a result of which bids of Consortium of Trishe Energy Infrastructure Services Private Limited CSEPDI and Bharat Heavy Electrical Ltd BHEL were taken up for companysideration. 27.09.2014. However, the appellant by letter dated 10.10.2014, informed the 1st respondent that the subject tender had been finalised and awarded to BHEL. During the hearing of the writ petition, a companyy of letter dated 27.09.2014 awarding the companytract to BHEL, respondent No. The learned Single Judge dismissed the writ petition primarily based on the perusal of numberes in the files companytaining the Consultant Report dated 30.05.2014 and on that basis opined that the companyduct of process of evaluation of the tenders did number appear to be arbitrary, capricious or unfair and that price bids of the bidders had been evaluated as per the parameters indicated in the tender numberification by an independent companysultant who was selected as per the Board Resolution that was within the knowledge of both the bidders. STPP D.No.60/dt.27.09.20 Road, Ughan, 59.26 at SBI 14 China 430 Bill selling 071 rate Finally, M s. BHEL New Delhi offered bid for Rs. It is to be numbered that the Term Sheet was submitted during July, 2013 and tender was evaluated in the year 2014. 26762 of 2014 seeking quashment of the same and further restraining the owner from taking steps to finalise the tender. CE P SE M EE 10/ E File.2x660MW Ennore SEZ STPP D.No.60/dt. CE P SE M EE 10/E/ Ms. Trishe,Interest 7.2File. 1 sent a letter dated 1.10.2014 to the appellant, highlighting the arbitrariness, anomalies and inconsistencies in its reasoning and the mala fide intent in the matter of evaluation of the bid submitted by it. 2x660MW Ennore SEZ 668, Minz USD Rs. An undertaking was given before the learned Single Judge by the learned Advocate General that post bid representations submitted by the respondent No.1 will be duly companysidered while finalizing the tenders and appropriate orders will be passed in accordance with the tender specifications and the TTIT Act and rules framed thereunder and in terms of the said undertaking, learned Single Judge vide order dated 31.07.2014 directed the appellant to companysider and pass orders on the representations of the appellant herein after affording them an opportunity of personal hearing and directed that till such orders are passed, the tender should number be finalised. 19247 of 2014 seeking issue of a writ of mandamus to direct the appellant to companysider the representations and companyply with Tamil Nadu Transparency In Tenders Act, 1998 for short, the TTIT Act . 1 and to record detailed reasons for the decision and companymunicate the same to the respondent No.1 so as to companyply with the requirement of the provisions of the TTIT Act and TTIT Rules and various decisions of this Court. However, the Division Bench did number modify the direction of the learned Single Judge which was to the effect that till a decision was taken on representations of the 1st respondent, the bid shall number be finalised. They have arranged a finance 85 of the total companyt as debt at an interest rate of 7.2 p.a. They are arranged to finance 75 of the total companyt as debt at an interest rate of 12.25 p.a. While dealing with the said issue, the Division Bench has referred to the publication in the tender bulletin stating about the decision on tender Name of the Tender Chief Engineer Civil Projects Environment, Inviting Officer, 3rd Floor, NPKRR Maaligai, 144, Anna Salai, Chennai 600 002.
a Name of the Project Detail of Purchase Works Establishment of companyl based 2 x 660 MW Ennore SEZ Supercritical Thermal Power Project in the ash dyke of existing NCTPS under Single EPC cum Debt Finance basis. Attached Annexures 1 to 5 indicate the methodology adopted in calculating the various companyponents required for evaluation like IDC Debt, IDC Equity, IDC UF Fess, Debt Repayment Schedule etc. In view of the said analysis, the Division Bench allowed the appeals and directed the Corporation to evaluate the price bid of the respondents in the light of its findings and taking into companysideration all relevant parameters including the representations documents submitted by respondent No. The uncurtaining of facts would depict that the 1strespondent sent series of representations dated 16.06.2014, 17.06.2014, 01.07.2014 and 08.07.2014 to the appellant highlighting various aspects of the bid and the relevance of para viii of Clause 29.0 of the Instructions to Bidders ITB which also deals with the rejection of bids of the tenderer whose past performance vendor rating is number satisfactory. 7788 Crores was accepted by the Chief Engineer Projects Chennai and order for acceptance of the tender was issued vide this officer Lr. Aggrieved by the order of the learned Single Judge, the respondent No.1 preferred writ appeals before the Division Bench. 1065 of 2014 before the Division Bench which, by judgment and order dated 19.08.2014, disposed of the writ appeal by modifying the order of the learned Single Judge only to the extent that affording of opportunity of personal hearing to the person was impermissible having number companytemplated under the Rules for short, the rules and further permitted the respondent No.1 to submit additional documents raising all its objections and the appellant was directed to pass an order and companymunicate the same to the respondents, CSEPDI and BHEL. The Court had directed for handing over the Consultants Report to the learned companynsel appearing for the 1st respondent. On the interest companyponent and companymitment fee, the Division Bench held that the approach was wholly arbitrary and the intention was to oust the respondent No.1, for the evaluation process adopted was meant to suit one and reject the other. After the disposal of the writ appeal, the respondent No.1 sent its representation on 25.08.2014 along with necessary documents which was rejected by the appellant vide its companymunication dated 27.09.2014. 2 and letter dated 10.10.2014 were assailed by the respondent No.1 by filing P. No. At that juncture, Mr. Kapil Sibal learned senior companynsel appearing for the 1st respondent, the companytesting party, had submitted that the Consultants Report would graphically exposit that the respondent No.1 was entitled to be declared as L 1 even if it is scrutinized within the limited parameters of the judicial review. The Division Bench took numbere of the various pleas raised by the respondent No.1 including violation of the statutory provisions, arbitrariness, adoption of unfair and number transparent procedure, erroneous delineation of the companysultants report by the learned Single Judge and number consideration of public interest. The letter dated 27.9.2014 awarding the companytract to respondent No. It further held that the process adopted and the decision taken by the owner was arbitrary, unfair, irrational, biased and mala fide and did number serve the larger public interest. As per the clarification dated 21.10.2013 issued by Industrial and Commercial Bank of China Limited which is the Lender institution for Respondent number1 all companyts and fee charged by ICBC will form part of the debt financing. Since the appellant paid numberheed to the request made by the respondent No.1, it filed W.P. It was mentioned therein with regard to price negotiation meetings with the respondent No. The respondent No. Being aggrieved by the aforesaid judgment, the companyporation and the successful bidder, by way of special leave, have preferred separate appeals. The legal propriety of the said rejection was called in question by way of writ petition W.P. Dipak Misra, J. Being aggrieved by the said order, the appellant filed writ appeal A. 2 herein, was brought on record. No. Leave granted. | 1 | train | 2016_384.txt |
The sealing of the premises and suspension of licence of the Respondent was due to the number payment of the required instalment of the differential amount and manufacturing of substandard companyntry liquor. 31.03.2016. As the Respondent was number supplying the prescribed quantity of companyntry liquor to BSBCL, a warning was issued to ensure that the prescribed quantity of companyntry liquor was supplied. It was companytended on behalf of the Respondent that the repeated sealing of the premises and the suspension of the licence was illegal. Pursuant to the inspection report dated 13.12.2015, the premises of the Respondent was sealed by the Superintendent of Excise, Muzzafarpur for number supply of minimum quantity of companyntry liquor. The Respondent established a bottling plant and companymenced production and supply of companyntry liquor to BSBCL on 01.02.2015. The New Excise Policy was implemented by a total ban on manufacturing of companyntry liquor w.e.f. 01.04.2016 and that the remaining stocks of all companyntry liquor lying in the outlets as on 31.03.2016 shall be destroyed. The Respondent submitted a representation seeking refund of the licence fee and differential amount for the period between 13.12.2015 to 04.02.2016 during which its manufacturing unit was closed. The Respondent filed a Writ Petition in the High Court seeking a direction to the Appellants to refund the proportionate amount of licence fee calculated at the 6 Page rate of Rs.1/ per LPL on the Minimum Guaranteed Quantity of companyntry liquor and the differential amount calculated on the Minimum Guaranteed Quantity of companyntry liquor for the period between 13.12.2015 and 04.02.2016. The Respondent filed a Writ Petition seeking refund of the licence fee and the differential amounts for the period of closure between 02.02.2016 and 31.03.2016. Admittedly, there was numberprior adjudication in respect of the sealing of the premises or suspension of the licence in favour of the respondent. The Respondent filed a Writ Petition seeking refund of licence of fee and the differential amount for a period of 95 days during which either his premises was sealed or his licence was suspended. After issuance of a letter of grant on 04.03.2014, a liquor licence was obtained by the Respondent. 3 Page The Respondent was required to supply 5,25,220.786 LPL companyntry liquor of 60 degree strength per month. Mr. Singh submitted that the order of sealing dated 13.12.2015 has numberconnection with the order of suspension dated 20.01.2016 which was for a different violation of the companyditions of licence. 17 P a g e The companyplaint of the Respondent is that the manufacturing unit stood closed between 02.02.2016 and 31.03.2016 due to suspension and cancellation of the licence. On 09.12.2015, a penalty of Rs.1 lakh was levied on the Respondent for number supply of minimum quantity of companyntry liquor. The order of suspension of the licence dated 17.01.2016 was stayed by the Board of Revenue on 01.02.2016. Pursuant thereto, the Respondent established a bottling plant at Muzzafarpur and companymenced production and supply of companyntry liquor to BSBCL on 01.02.2015. The judgement has become final and necessarily the Respondent is entitled for refund of the licence fee and the deferential amount for the period between 13.12.2015 and 20.01.2016. He submitted that the premises of the Respondent was sealed on 13.12.2015 for number supply of the prescribed quantity of companyntry liquor for the month of December, 2015 despite the warning issued on 23.11.2015 and a penalty levied on 09.12.2015. The base rate fixed for supply of 200 ML PET bottle of companyntry liquor was fixed at Rs.5.78/ . As stated above, the New Excise Policy came into force on 31.03.2016, and the grievance of the Respondent in the Writ Petition was that the sealing of the premises for the period between 02.02.2016 to 31.03.2016 is illegal. The Appellants, therefore, were directed to refund the amount of licence fee and the differential amount recovered from the Respondent for the period during which the manufacturing unit was sealed. Consequently, the licence of the Respondent was suspended on 17.07.2015. As per the tender companyditions the supplier is required to obtain a licence in Form 27 for manufacture and supply of companyntry liquor to Bihar State Beverages Corporation Limited BSBCL at the rate of Rs.1/ per litre calculated on the Minimum Guaranteed Quantity. During the pendency of the Writ Petition filed against the order dated 13.12.2015 by the Respondent in the High Court, the licence of the Respondent was suspended on 20.01.2016 on the basis of an inspection report of the Excise Chemical Engineer in which it was found that the strength of the liquor was higher than the prescribed 60 degree UP. The New Excise Policy which was announced on 21.12.2015 companytemplated that numberlicence for manufacturing, trading and companysumption of companyntry liquor shall be granted from 01.04.2016. On behalf of the Respondent, it was submitted that the repeated orders of sealing of the premises and the suspension of the licence would show the mala fide intention of the State. The closure of the premises, according to the Appellant, for five days between 29.02.2016 and 15 P a g e 04.03.2016 was due to the number deposit of the outstanding differential amount and from 17.03.2016 to 31.03.2016 was due to short supply of companyntry liquor are justified. Thereafter, the licence was cancelled on 13.02.2016. M s Shipra Beverage Private Limited, the Respondent herein was granted Exclusive Privilege for manufacture and supply of companyntry liquor in zone 5 companystituting Gaya and Aurangabad districts. The respondent questioned the order dated 13.12.2015 by which its premises was sealed by filing a writ petition. The unit was closed for five days between 29.02.2016 to 04.03.2016 and for 15 days between 13 P a g e 17.03.2016 to 31.03.2016 for number payment of the outstanding amount and for short supply of companyntry liquor. M s Welcome Distilleries Private Limited, the Respondent herein was granted Exclusive Privilege for manufacture and supply of companyntry liquor at the rate of Rs.4.32/ per 200 ml. An inspection was companyducted on 27.05.2015 during which it was found that the strength of the 18 P a g e manufactured liquor was below the required strength of 60 degree UP. The suspension was revoked on 20.07.2015. The Writ Petitions were allowed by the High Court and the Appellant State was directed to refund the licence fee and the differential amount recovered from the Respondents for the period during which their premises were unlawfully sealed closed. Sugar Mills Limited, the Respondent herein was a successful bidder for manufacturing and supply of companyntry liquor for Zone 10, companystituting districts of East Champaran and West Champaran for the period from 01.04.2014 to 31.03.2019. By an order dated 04.03.2014, Exclusive Privilege for manufacturing and supply of companyntry liquor for zone 11 companystituting the districts of Muzzafarpur, Sitamarhi and Sheohar for the period between 01.04.2014 to 31.03.2019 was awarded to M s Riga Sugar Company Limited hereinafter, the Respondent . As the suspension of the licence of the Respondent and cancellation of the licence have been declared illegal by the High Court by its judgment dated 20.04.2016 in CWJC No.2704 of 2016, the Respondent is entitled for the relief granted by the High Court. A 5 Page numberification was issued on 04.02.2016 directing that production, sale and utilization of all companyntry liquor shall be companypletely prohibited in the State of Bihar w.e.f. Though the sealing order was set aside by the High Court on 25.01.2016, the premises were de sealed only on 04.02.2016, on which date the order of suspension was withdrawn. In view of the aforesaid irregularities, the licence of the Respondent was suspended under Section 42 of the Bihar Excise Act on 02.02.2016. On 31.03.2016, a numberification was issued implementing the New Excise Policy by imposing an absolute ban on manufacturing, bottling, distribution, sale, purchase, possession and companysumption of companyntry liquor w.e.f. The Collector of Darbhanga and Ors.,
AIR 1955 Pat 345 12 P a g e found that the Respondent was number manufacturing companyntry liquor as per the Minimum Guaranteed Quantity. The Board of Revenue stayed the order of suspension on 01.02.2016. 7951 of 2019 Arising out of SLP C No.4647 of 2019 M S RIGA SUGAR CO.
A tender numberice dated 31.01.2014 was issued by the Department of Excise and Prohibition, Government of Bihar, inviting applications for grant of Exclusive Privilege for manufacture and supply of companyntry liquor in PET bottles. Another Writ Petition was filed by the Respondent questioning the order of suspension dated 20.01.2016 which was dismissed as withdrawn in view of the order of the Excise Commissioner, Bihar dated 04.02.2016 by which the earlier order of suspension dated 20.01.2016 was withdrawn. In the meanwhile, the licence of the Respondent was suspended for a period of 90 days by an order dated 20.01.2016 issued under Section 42 3 of the Bihar and Orissa Excise Act, 1915 for short the Act as the liquor supplied by the Respondent was found to be of higher strength of 70.8 degrees UP instead of required strength of 60 degree UP. According to the learned Senior Counsel for the State, the orders of sealing of the premises and the 14 P a g e suspension of the licence were number the subject matter of any earlier adjudication by the High Court. Thereafter, the premises were un sealed on 09.02.2016. The 10 P a g e Writ Petition filed assailing the validity of the suspension order had to be withdrawn in view of the revocation of the order suspending the licence. As the Respondent failed to pay the penalty amount, the premises were sealed on 22.02.2016. The order dated 20.01.2016 by which the licence of Respondent was suspended was number brought to the numberice of the High Court by the Appellants when CWJC 1364 of 2016 was heard. The Respondent was also directed to explain as to why a fine of Rs.4,51,08,493/ should number be imposed on him for number maintaining the prescribed strength of 60 degree UP and for illegally manufacturing excess liquor. As the closure of the premises of Respondent was due to the violation of the tender companyditions and the companyditions of licence, the High Court companymitted an error in allowing the Writ Petitions filed by the Respondent. After companysidering the response of the Respondent, an order was passed on 17.01.2016 suspending the licence which was challenged before the Board of Revenue. The Respondent quantified the amount of refund at Rs.1,29,42,928/ . In this regard, he also referred to Section 42 4 of the Bihar Excise Act according to which the holder of a licence shall number be entitled for any companypensation for its cancellation or its suspension. He brought to our numberice that the order passed by the Board of Revenue on 01.02.2016, staying the suspension order dated 17.01.2016, in spite of which the premises companytinued to be sealed thereafter. Immediately thereafter, the premises were un sealed on 19.02.2016. A numberice was issued to the Respondent on 15.07.2015 to deposit the advance of the differential amount upto that date as the Respondent failed to deposit earlier instalments of the differential amount. Another ground for sealing the premises 8 Page was violation of the companydition to maintain required buffer stock. 7957 of 2019 Arising out of SLP C No.3593 of 2019 M S Shipra Beverage Private Limited . During the inspection companyducted on 07.10.2015, it was discovered that the alcohol was substandard as the strength was higher than the prescribed strength of 60 degrees UP. He relied upon Clause 22 of the licence to submit that the Respondent is number entitled for any companypensation. The premises was sealed on 19.12.2015 and the Respondent received a show cause numberice dated 24.10.2015 to which he replied on 04.01.2016. 7958 of 2019 Arising out of SLP C No.3595 of 2019 M S K.M. The Respondent filed CWJC No.2704 of 2016. 7952 of 2019 Arising out of SLP C No.4664 of 2019 M S Welcome Distilleries Private Limited . PET bottle for Zone 4, companystituting the districts of Rohtas and Kaimur for the period between 01.04.2014 to 31.03.2019. He submitted that in this case numbernotice was given before the order of suspension was passed. Mr. Navaniti Prasad Singh, learned Senior Counsel appearing for the Respondents submitted that the sealing order dated 13.12.2015 was set aside by the High Court by a judgment dated 25.01.2016 in CWJC No.1364 of 2016. A numberice was issued on 27.05.2015 by which the Respondent was directed to show cause as to why his licence should number be terminated for causing huge loss to the Government. Lack of opportunity to the Respondent before the order of sealing was passed prompted the High Court to allow the Writ Petition by its judgment dated 25.01.2016. 01.04.2016. There was a further direction that the Appellant should 7 Page companysider the claims of the Respondent and the other Writ Petitioners regarding companypensation for the value of the furnished raw material which companyld number be liquidated by 31.03.2016 due to the unlawful closure of the manufacturing premises. The State of Bihar announced a New Excise Policy and imposed total ban on companysumption of alcohol in the 4 Page State in a phased manner. The employees of the Excise Department are deployed on the manufacturing plant to ensure that the tender companyditions are companyplied with scrupulously. An inspection was companyducted on 04.01.2016 during which it was found that there is a deficit stock and there was violation of Clauses 2 d iii and Clause 2 d ii f of the letter of grant and Clause 9 f of the Licence. The main reason given by the High Court for allowing the Writ Petitions was there was a prior adjudication that the sealing orders were illegal, is number applicable to the Respondent. The Exclusive Privilege in relation to the activities of the Respondent was under the supervision and companytrol of the State. He also questioned the finding of the High Court that the show cause numberice is necessary before an order of suspension was passed. Civil Appeal No. SUGAR MILLS LIMITED . The High Court allowed the Writ Petition filed by the Respondent and directed refund as claimed for. Another reason for grant of relief by the High Court is that the manufacturers were number given an opportunity before orders of suspension and cancellation of licenses were passed. A show cause numberice was issued to the Respondent on 27.01.2016. The said provision further companytemplates that the licensee is 9 Page number entitled for any refund of any fee or deposit made. The State was divided into 17 zones and 2 Page the 17 lowest applicants in the financial bid would be eligible for grant of Exclusive Privilege in accordance with their preference to a particular zone. The difference between the base price and the bid price in this case Rs.4.07/ calculated on the Minimum Guaranteed Quantity MGQ was payable by the supplier to the Government in advance for a period of every three months i.e. The State of Bihar, 1971 PLJR 199 Ramnath Prasad vs. The numberices given on 15.07.2015, 24.12.2015, 25.02.2016 and 26.03.2016 would indicate that the Respondent was given sufficient opportunity. During an inspection companyducted on 08.05.2015, it was 1 Thakko Choudhary vs. The High Court set aside the order dated 13.02.2016 by its judgment dated 20.04.2016. on 15th March, 15th June, 15th September and 15th December. These Appeals arise from a judgment of the High Court of Judicature at Patna in the Writ Petitions filed by the Respondents. The State filed a Review Application before the Board of Revenue which was dismissed on 17.02.2016. It was further submitted by Mr. Singh that the High Court companymitted an error in taking up all the four Writ Petition together, especially when the facts are different. M s K.M. The orders were challenged successfully in the High Court. NAGESWARA RAO, J. As the facts of each case are different, we proceed to deal with the Appeals separately. The Appeal is dismissed. | 0 | train | 2019_1243.txt |
The Corporation of Calcutta fixed the annual valuation of the said premises at a sum of Rs. One of the objections raised was that the Corporation had numberpower to fix the annual valuation at a figure higher than the standard rent. That was on the basis of the standard rent of Rs. In fixing the annual valuation, the said Corporation took as basis Rs. 296, Bowbazzar Street, Calcutta. XVII of 1950 , hereinafter called the Rent Control Act , the standard rent of the said premises was fixed by the Rent Controller the rent was fixed at Rs, 550 per month with effect from April, 1951, and at Rs, 632 8 0 per month with effect from August, 1951. The Corporation of Calcutta questioned the companyrectness of the said Judgment by preferring an appeal to the High Court at Calcutta. 1 filed an appeal in the Court of Small Causes, Calcutta, and the learned Small Causes Judge allowed the appeal and fixed the annual valuation, for the purpose of assessment, at Rs. On June 20, 1950, numberice of the assessment based on the said annual valuation was served on the respondents. Meanwhile under the West Bengal Premises Rent Control Temporary Provision Act, 1950 W.B. 632 8 0 per month. 1,450 as the monthly rental value of the premises. 6,831. This appeal by certificate from the order of the High Court at Calcutta raises the question of the true interpretation of the provisions of s. 127 a of the Calcutta Municipal Act, 1923 hereinafter called the Act . 14,093 and directed the same to take effect from the second quarter of 1950 51. The respondents are the owners of premises No. 1 filed objections to the said assessment under s. 139 of the Act. Appeal from the judgment and decree dated June 15,1956, of the Calcutta High Court in Appeal from Original order No. The Special Officer disallowed all the objections and companyfirmed the assessment. The High Court by a majority agreed with the Small Causes Judge and dismissed the appeal. 349 of 1953. 268 of 1958. August 8. C. Chatterjee and S. Ghose, for the appellant. P. Maheshwari, for respondents Nos. Being aggrieved by the said order, respondent No. The Judgment of the Court was delivered by SUBBA RAO, J. 1, 2 and 4. Hence the present appeal. CIVIL APPELLATE JURISDICTION Civil Appeal No. Respondent No. | 0 | train | 1961_61.txt |
103 of 2001. 805/2005 P. MATHUR, J. Arising out of Special Leave Petition Crl. Leave granted. | 1 | train | 2005_534.txt |
The Tribunal assessed the annual income of the deceased at Rs.24,000/ and applying the multiplier of 13, awarded the companypensation of Rs.3,12,000/ with interest. 98/2003 vide Award dated 06.08.2004. Thus, the appellants claimants claimed companypensation of Rs.5,00,000/ and averred that the deceased was 49 years old having monthly income of Rs.4,600/ Rs.3,600/ from mason work and Rs.1,000/ from selling of milk of 23 buffaloes . UP 21 H 4596 companying at a high speed in a rash and negligent manner hit the deceased from behind, as a result of which, he became seriously injured and died on the spot. 2 and 3 herein, was going from Kashipur crossing towards Tada Ujjain. When he reached the Station Road in front of godown, suddenly one tractor having registration No. Brief facts of the case are thus On 06.03.2003, the deceased Atma Singh, the husband of appellant No. 1 herein, liable to pay the said companypensation because the tractor was insured with it as per rule at the time of the accident. Against the award of the Tribunal, the appeal filed under Section 173 of the Motor Vehicles Act, 1988 for short, the said Act registered as A.O. However, the Tribunal held the Insurance Company, i.e., respondent No. 1 and the father of appellants No. No. | 1 | train | 1947_175.txt |
In this temple were installed the family idol of Shri Radha Gopalji as well as the idol of Radhendra Kishorji in 1872 and 1877 respectively by Maharani Inderjit Kuer of Tikari. The Deputy Charity Commissioner exercising appellate powers companyfirmed the findings and order of the Assistant Charity Commissioner. The facts in that case were that a temple was situated at Vrindavan Dham in the District of Mathra in Uttar Pradesh. The said Maharani created a waqf of certain properties known as Balkhar Mahal in the District of Gaya by a registered deed of endowment on July 25, 1872, for the purpose of meeting the expenses relating to food, offering prayers and worship in the said templeThe Trust owns properties also in Bihar. An application was then made Under Section 72 of the Act to the District Judge to set aside the decision and order of the Deputy Charity Commissioner, but the District Judge companyfirmed the order and dismissed the petition. | 0 | train | 1968_374.txt |
1 and made some ghalata. The deceased obviously asked him number to make ghalata and a quarrel ensued. P.Ws 1 to 3 participated in identification parade and identified the accused as the assailant. Doctor found seven incised wounds. The prosecution case is that on 18.4.1978 at about 9 p.m. the accused entered the hotel of P.W. 2 an oblique incised wound in front of left shoulder passing through the anterior auxiliary wall to the arm pit was the fatal injury and was sufficient in the ordinary companyrse of nature to cause death. The doctor opined that Injury No. Thereupon, the accused, who was armed with a knife stabbed the deceased several times and the deceased raised hue and cry. The information was sent to the police and P.W. The A.S.I, reached the scene of occurrence and found the deceased dead. We have also perused the evidence of P.Ws 1 to 3 and the record pertaining to the identification proceedings. The accused pleaded number guilty and set up a defence that he was falsely implicated because of the enmity at the instance of P.W 17. An inquest was held and the dead body was sent for post mortem. 1 gave a companyplaint on the basis of which the F.I.R. This part of the evidence has been believed by both the Courts. was registered. | 0 | train | 1992_676.txt |
the appellant and ram ashray sharma were in joint occupation of quarter number 490 a of the loco companyony at gaya. ram ashray sharma was given the benefit of doubt and acquitted. originally two persons pabitar singh the present appellant and ram ashray sharma who were both loco employees of the railway were tried under ss. some companyfidential information was companyveyed by bishrampore police station to the kotwali police station it gaya that stolen properties companynected with a dacoity were lying companycealed in the aforesaid quarter. companysequently rama shankar upadhvay station house officer gaya kotwali police station raided the quarter at 5.45 a.m. on numberember 5 1962.
he took with him two witnesses p.w. the quarter was found locked from outside. pabitar singh moved the high companyrt in revision. 5 deonadan ram. the additional sessions judge gaya who heard the appeal found the appellant guilty under both the sections of the act. he maintained the sentence imposed on him. the sentence imposed was 3 years rigorous imprisonment under s. 26 and one years rigorous imprisonment under s. 25 of the act. the sentences were to run companycurrently. 1 vijay kumar dubey and p.w. criminal appellate jurisdiction criminal appeal number 128 of 1969.
appeal by special leave from the judgment and order dated february 6 1969 of the patna high companyrt in criminal revision number 541 of 1968.
c. agrawala and v. j. francis for the appellant. the judgment of the companyrt was delivered by grover j. this is an appeal by special leave from a judgment of the patna high companyrt. the companyvicted persons filed an appeal to the companyrt of sessions. the learned assistant sessions judge found each one of them guilty under both the sections. 25 and 26 of the indian arms act 1959 hereinafter called the act. that room was got opened. p. singh for the respondent. it is necessary to state a few facts. | 1 | dev | 1972_132.txt |
They claimed to be undertaking the processes of bleaching, mercerising, dyeing, printing, washing, drying and finishing before the fabrics were packed and cleared. They had number used any power while undertaking the activities of bleaching, mercersing, dyeing, printing, washing, drying and finishing before the fabrics were packed and cleared. 52.07, 52.08 and 52.09, bleaching, mercersing, dyeing, printing, water proofing, shrink proofing, organdie process or any other process or any one or more of these processes shall amount to manufacture. In case of appellant M s Vimal Textile Mills, the companycerned Notifications were Notification No.28/94 CE dated 1.3.1994 the Notification No.8/96 CE dated 23.7.1996 and its successor Notifications. Background facts in a nutshell are as follows Appellants are engaged in the processing of companyton fabrics falling under Chapter 52. CESTAT denied the benefit relying on a larger Benchs decision in the case of M s Mathania Fabrics Commissioner of Central Excise, Jaipur 2002 142 ELT 49 LB. In Civil Appeal No.1856 of 2005 the stand taken by the appellants was that they were number using power in the processing of the fabrics and, therefore, the benefit which they were earlier availing was available. Appeals are directed against the orders passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi in short the CESTAT and Customs, Excise Gold Control Appellate Tribunal, New Delhi in short the CEGAT . Note 3 to Chapter 52 reads as follows In relation to the manufacture of products of Heading Nos. Same is the subject matter of challenge in C.A.No.5398 of 2002. The appeals filed by the appellants were dismissed by CESTAT holding that they were number entitled to benefit of companycerned numberifications. With Civil Appeal No.1856/2005 Dr. ARIJIT PASAYAT, J. These two appeals involve identical questions and are, therefore, disposed of by this companymon judgment. | 1 | train | 2008_92.txt |
This is an appeal by special leave. | 0 | train | 2004_616.txt |
The amendment will also apply to those who are already undergoing the advance study. If the Board companysiders that the companyrse of study or training for attending for which study leave is granted, is of particular relevance to an employee fro his efficient functioning it may permit such employees to draw full pay for the entire period of his leave. STUDY LEAVE Study leave on half pay may be granted at the discretion of the Board to staff in pay scales to minimum of which is Rs.2,000/ or more who desire to undergo a special companyrse of higher studies or specialised training in a professional and technical subject having a direct and close companynection with their duty, Study leave is number admissible for pursuit of academic companyrses unrelated to the employees work. Before proceeding on study leave, an employees must furnish and undertaking to the Board for number less than five years after his return from leave. 86/93 dated 31st March, 1993, approved the following amendments to the Service Leave Regulations The existing Regulation 9 on Study Leave will be retained and shall be applicable to Employees of the Board other than Engineers. The aforesaid amendments were subsequently altered by the Board on 10th March, 1995 whereby some of the benefits which had been extended to the employees of the Board having a graduate Degree in Engineering for proceeding on study leave for acquiring a post graduate engineering qualification, particularly the one in clause 11 c , were rendered nugatory. The maximum study leave admissible will be 24 months during the entire service of an employees and it may be granted up to 18 months at any one time. The Madras Metropolitan Water Supply Sewerage Board hereinafter referred to as the Board was companystituted by the Madras Metropolitan Water Supply Sewerage Act, 1978 hereinafter referred to as the 1978 Act for exclusively attending to the growing needs of and for planned development and appropriate regulation of water supply and sewerage services in the Madras Metropolitan Area with particular reference to the protection of Public Health and for all matters companynected therewith or incidental thereto. The said benefit was sought to be withdrawn by the subsequent amendment of 1995 and it was specifically stipulated that the amendment would also apply to those who were already undergoing the advance study, giving rise to the disputes, which resulted in the filing of the writ petition. The amendment of 1995 gave rise to disputes which resulted in the filing of writ petition No. Prior to the proceedings of 29th April, 1993, the Board by its Resolution No. Emphasis supplied BY ORDER Ramalingam Secretary cum General Manager The case as made out in the writ petition is that having made certain promises by the amendment effected in 1993, the Board was number companypetent to resile from such promises as far as the writ petitioners and other candidates who had acted on the basis of such promises were companycerned. 204 of 1999 was filed by a Post Graduate Engineer who was affected by the decision of the learned Single Judge. The first respondent Board was directed to act in accordance with the proceedings dated 29th April, 1993, by giving the benefit of seniority and other benefits to the writ petitioners within a period of two months from the date of receipt of the companyy of the order. The candidates will be permitted to draw stipend or allowance granted by the institution in addition to the leave salary. Srinivasan, Mg.
Director. The writ petition was allowed by the learned Single Judge of the Madras High Court by his Judgment and Order dated 4th January, 1999 and the impugned order of 10th March, 1995, was quashed. Writ Appeal No. 11053 of 1996 by the appellants in these appeals in the High Court of Judicature at Madras. ALTAMAS KABIR,J. 104 of 1999 was filed by the additional respondent Nos. BY ORDER Sd M.S. 2 and 3 and Writ Appeal No. Two appeals were filed from the Judgment of the learned Single Judge. | 0 | train | 2007_883.txt |
Accordingly, amandamus was issued to the Hyderabad Allwayns Limited HAL . LearnedsingleJudge by his judgment dated January 19,1988 directed the Governmentto appoint plant Level Committee and followthe enforceable guidelinesissued thereunder ancillary industries are the units companying within the scheme and, therefore, the recommendations of theplant Level Committee should be enforced. 3630 31 OF 1997 Arising out of SLP C No.14142 of 1994 SLP C No.11259/97 CC 28024/94 O R D E R Leave granted. These matters are disposedof by acommon order. While adopting the revised and updated guidelines for the implementation of AncillaryDevelopment Programme by the Public Sector Enterprises, byproceedings dated October 3, 1979, the Hyderabed Allwyn Limited which hasbeen a State Government undertaking, invited applications from the entrepreneurs to set up various ancillary industries for apply of required goods. The Division Bench byits order dated March 15,1991 while upholding thatthe findings given bythe learned single judge, directed that instead of Hal mandamusbe issued to the State Government to companyplywith the direction issued by the single judge. Felling aggrieved by that order, the appellantsfiled awrit appeal. In regard thereto, a writpetition came to be filed in the High Court. with CIVIL APPEAL NOS. | 0 | train | 1997_643.txt |
The Tribunal then referred to the evidence both oral and documentary. In the light of the above discussion I hold that Shri Rajeshwar Mahato was number a workman. It dealt with the evidence of the O.P.W. The Tribunal recorded the evidence as well as took into companysideration documentary evidence which were produced by the parties. In the instant case Shri Mahatos functions were mainly of a managerial nature. While stating that the Tribunal would number go merely on the basis of the designation attached to an employee, and it was companycerned with finding out as to what were the main duties performed by him, the Tribunal then referred to the evidence of the respondent himself as well as the other evidence and first observed that the respondent was really a supervisory staff and then ultimately it came to the companyclusion that From the above, it is clear that Shri Rajeshwar Mahato functioned in a managerial or administrative capacity also. 1 Jawahar Dubey and also with exhibits G and G/1 and observed that the said evidence and the Exhibit show that the respondent was a Preparing Assistant. Industrial dispute was raised and the two questions which were adjudicated by the Tribunal were Whether termination of services of the respondent was valid? The decision of the Tribunal was challenged by respondent No. It was companytended by the appellant before the Tribunal that respondent No. He had companytrol as well as supervision over the work of the jute mill workers working under him. It was number in dispute that at the time of the termination of services of respondent No. 1185/ per month by way of salary. 1 was in charge of one of the three shifts of the work in the mill. and What relief was he entitled to ? 1 was number workman within the meaning of that expression occurring in Section 2 s of the Industrial Disputes Act, 1947. 1s services were terminated by giving him one months numberice. 1 was an employee of the appellant Corporation. Having companye to the aforesaid companyclusion, the Tribunal held that the Government Order of Reference was number maintainable in law. 1 he was receiving Rs. The respondent No. By numberice dated 1st September, 1985, respondent No. The case of the appellant was that respondent No. 1 by filing a petition under Article 226 of the Constitution before the High Court. This point is decided accordingly. | 0 | train | 2000_822.txt |
Lacerated wound 2 cm. Lacerated wound 1 cm. Lacerated wound measuring 2 cm. Lacerated wound with companyerted margins measuring 2 cm. Lacerated wound oval shaped measuring 5 cm. The upper apex was lacerated, there was a lacerated wound in the dispharmg. x 5 cm. There was a lacerated wound in the posterior chest wall and embedded pellet was recovered from the wound. x 4 cm. On opening the chest, there was lacerated wound in the chest wall. x 2 cm. x 1 cm. x 2.5 cm. Bhagirath and Haru residents of Village Chinder were also in the same bus. The lever was lacerated at its anterior border. From A 4 he recovered a gun of 315 bore and from A 3 another gun was recovered. 2 was its exit wound. The Doctor, P.W.9, who companyducted the post mortem, numbered the following injuries Lacerated wound over shaped measuring 3 cm. Margins were overted. The margins were overted. 1 was the entry wound and Injury Rs. 4, 5 and 6 were the exit wounds of Injury Rs. was present over front of right upper arm 15 cm. A 2 took away the gun of the deceased and all the other accused left the place. At about 5.15 P.M. the deceased, P.Ws 5 and 6 boarded the bus at Fatehabad Bus Stand for going back to the Village. 3 was another entry wound and the Injuries Nos. was present back at upper end of the scapulla and was 15 cm. 1,2 and 5 and recovered a single barrel gun from A 1 and also recovered a pistol from A 5 and at the instance of A 2 after interrogation he recovered a gun belonging to the deceased which was taken away and companycealed. The brachial plexuses and vessels were badly lacerated. Injury No. The margins were blackened and inverted. Margins were inverted. At that place all the five accused also boarded the bus. 1, 3 and 4 who were carrying guns with them and A 5 who was carrying a pistol with him fired at the deceased with their respective weapons. 1,3 and 4 were armed with guns and A 5 was armed with a companyntry made pistol. The occurrence was witnessed by P.Ws 5 and 6 as well as Bhagirath and Haru. The recovered guns, pistol and other materials were sent to the ballastic expert and his opinion also was obtained. In the meantime the bus stopped. Bhagirath and Haru who were present in the bus, however, were number examined. with abrasions on lateral and lower borders, was present on the right side of chest of anterior auxiliary line and was 10 cm. In that process, the gun carried by the deceased also fell on the ground. 1, 3 and 4 used their guns. On 11.5.87, the day of occurrence, at about 8 A.M. the deceased went to Fatehabad and he carried his licenced gun with him. A 2 took the deceased in his grip and threw him on the ground from the back window of the bus. The deceased was the Chairman of Land Mortgage Bank and he was having a gun licence also. Accused Nos. with averted margins, was present over right side of face just lateral to upper lib. The deceased died at the spot. below the arm pit. below arm pit. The bus started and companyered a distance of 3/4th of a kilometer towards Village Chinder. 1,2,4 and 5 came towards the deceased. The probe also passed into the chest wall at upper border of second rib. On probing, the probe passed from injury No. In the bus they were sitting on the seat near the back window. On 17.5.87 he arrested Accused Nos. The prosecution case is as follows The accused, the deceased Sahi Ram and principal witnesses belong to Village Chinder in Hissar District. The bus stopped at the turning point of the factory located in village Badopal. There was enmity between the accused and the deceased because of some incidents that took place earlier. 3 in all directions of injuries 4,5 and 6. The surrounding skin was tatooed. At that stage, Accused Nos. P.W.5 went alongwith him to purchase clothes for her daughters and P.W.6, the son of the deceased also followed them. P.W.9 Dr. A.S. Chaudhary, who companyducted the post mortem, found six fire arm injuries and he gave the opinion that the deceased met his instantaneous death due to these injuries. Thereafter Accused Nos. After about 1 1/2 hours Suresh, son, Jagdish, son in law and Khaili Ram, elder brother of the deceased arrived at the spot on a tractor. The clavicle bone was broken into pieces at its lateral l/3rd level. was present over left temporal region just lateral to left eye. In the cross examination, P.W.9, the Doctor has clarified that Injury Rs. The surrounding area of the face was tatooed. On dissection, the orbital bone was pierced, the left eye ball was crushed, the pellet roof was pierced, artificial denture of both jaws was broken. Among the accused Rai Sahab, A 1 and Raja Ram, A 4 are brothers. Praveen, P.W.6 is one of their sons. was present over right side of chest, just above clavical at mid clavicular point. and Sections 25, 27, 54 59 of the Arms Act and Section 6 of the TADA Act. P.W.6 and the other two persons went to the house of the deceased to inform the other sons and members of his family. The case mainly rested on the evidence of P.Ws 5 and 6, the eye witnesses. On dissection, the tracks of the probe were companyfirmed. The accused in their defence examined one Chellu Ram Patwari, D.W.I who proved companyy of the Akash Musaal Ex. They were also companyvicted under Sections 25, 54 and 59 of the Arms Act and Section 6 of the TADA Act and sentenced to three years R.I. It is alleged that one Manphool, uncle of A 3, received bullet injury. The Inspector searched the house of the accused and found them to be absconding. The Inspector companylected the blood stained earth and also recovered some metal pieces and other articles. On 22.5.87 he arrested A 3 and A 4. The learned Additional Judge of the Designated Court accepted the evidence of P.Ws 5 and 6 and the medical evidence and also the recoveries and companyvicted the accused. 5 was his wife and they had four sons. Then in the same tractor P.W.5 alongwith Suresh went to Police Station, Fatehabad and gave the first information report Ex. The thoracic cavity was full of blood and abdominal cavity was also companytained blood. The report of the ballastic expert would show that two of the metallic pieces which were examined by him companyld have been fired from a companyntry made pistol. Bhana Ram and a companystable proceeded to the spot picking up a photographer P.W.14, Satish on the way. There were companyresponding holes in the shirt and banyan and were blackened. P.W.I3 in the companypany of P.W.I6, A.S.I. The accused pleaded number guilty. Lakhpati, P.W. Bhajan Lal, A 2 is the brother in law of A 1 and A 4 having married their sister. PB to P.W.13, Raj Singh, the Inspector of Police. 1 to 2. He also found a bullet lodged in the body and removed the same. He belongs to a different village. The Designated Court companyvicted all of them under Section 148 I.P.C. He held the inquest and the dead body was sent for post mortem. They reached the scene of occurrence and found that the dead body was lying somewhere near the road and photographs of that place were taken. All of them were tried for offences punishable under Sections 302/149/148 404 I.P.C. and sentenced each of them to undergo one years R.I. and under Sections 302/149 they were sentenced to undergo imprisonment for life. This appeal is filed under Section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 TADA Act for short . The prosecution examined 16 witnesses. Jayachandra Reddy, J. After companypletion of the investigation, the charge sheet was laid. The sentences were directed to run companycurrently. There are five appellants. | 0 | train | 1993_205.txt |
Jai Pal PW.5 lifted Rajnish alias Rintu and carried him to I.G.M.C. Rajnish alias Rintu inquired from the accused Manjeet Singh as to the cause of his having given beatings to Jai Pal PW.5 . Jai Pal PW.5 ran outside. Whereupon accused was alleged to have fired shots from his Carbine which hit Rajnish alias Rintu, Romi Kapoor PW.6 , Jai Pal PW.5 and Pawan Kumar PW.7 . Following injuries were found on his person 4 cm 1 cm abrasion over the dorsum of right fore arm 1.5 cm x 1.5 cm round abrasion red in companyour, above the writ joint 3.5 cm x 2 cm abrasion, read in companyour with linear scratch in the mid. Romi Kapoor PW.6 , Rajnish alias Rintu and Pawan Kumar PW.7 went inside the Hall while Jai Pal PW.5 and one Roshan remained standing at the entrance of the Hotel. The accused was alleged to have told his companypanions, Balraj and Surender Kumar to tell Rajnish and his friends about the cause of the beatings to Jai Pal PW.5 . Budhi Singh PW.8 asked Jai Pal PW.5 to companye after some time. Singh PW.1 has also examined injured Pawan Kumar and observed as under Local injuries A CLW over right foot approximately 5 cm about tip of right big toe placed horizontally 1 cm 0.5 cm 1 cm in size with irregular margins red in companyour. A bruise present over upper lip in the centre reddish blue in companyour 1 cm X 0.5 cm in size placed vertically. A. CLW 1 cm 0.5 cm 1 cm in size placed horizontally approximately 2.5 cm lateral to first would on lateral inside of left upper arm on lower part of deltoid muscle with irregular margins elevated and margins deliberated red in companyour. Jai Pal PW.5 inquired from the appellant accused, Manjeet Singh about the Manager of the Hotel to which the accused was alleged to have retorted that he was number the Chowkidar of the Hotel so as to know and tell about the Manager. Accused Manjeet Singh was further alleged to have started abusing Jai Pal PW.5 by proclaiming that he was serving in Punjab Police. Jai Pal PW.5 went to the Hotel Apsara where he did number find Budhi Singh PW.8 , Therefore, he went upstairs in the Hall of the Hotel where he found accused Manjeet Singh along with Balraj and Surender Kumar were taking liquor. A bruise bluish in companyour present 1 cm X 0.5 cm in size placed obliquely over fifth metatars o phalangel joint running lately on right foot. Singh PW.1 found the following injuries on the person of Romi Kapoor Local Examination A CLW 1 cm X 0.5 cm X 1 cm in size placed horizontally on little side of left upper arm on lower part of deltoid muscle, red in companyour with dark edges due to soot with irregular margins which were depressed. The accused was further alleged to have started beating Jai Pal PW.5 by giving him a fist blow on his mouth. Red in companyour. Thereafter, Budhi Singh PW.8 returned to Hotel Apsara while Jai Pal PW.5 came towards Cart Road where he met Romi Kapoor PW.6 , Pawan Kumar PW.7 , Deep Chand and Rajnish alias Rintu who inquired about the booking of a room in the Hotel as earlier agreed upon. The other companypanion of the accused, namely, Surender Kumar was medically examined by Dr. Rajneesh Sharma PW.4 on 1st January, 2001 at about 4.35 a.m. One injury, that is, laceration over the fore head 1.5 cm x 1 cm x 0.5 cm was found. He met the above named Romi Kapoor PW.6 , Deep Chand, Pawan Kumar PW.7 and Rajnish. Singh PW.1 has also examined injured Jai Pal PW.5 and found as under Local Injuries A CLW 1.5 cm in size placed in the middle of inner side of upper lip placed obliquely upwards and lately on left side, reddish scabbing over lip present with clotted blood. The facts of the prosecution case as stated by Jai Pal PW.5 are that he was carrying business of taxi in Shimla. Rajnish alias Rintu sustained two shots on his chest and he fell down on the ground. Surender Kumar, a companypanion of the accused, was apprehended from the toilet of the Hotel. Mishra PW.24 who found the following two ante mortem bullet injuries on the person of the deceased Rajnish alias Rintu A circular wound of entry one centimeter in diameter, 1.5 cm medial to right nipple, 18 cm below right shoulder joint. On having been produced by the accused, Carbine Ex. Balraj and Surender Kumar were then alleged to have abetted and instigated the accused by saying Carbine Ka Kamal Dekhao. On Medical Examination of Romi Kappor PW.6 , Dr. M.P. There was numberblackening, tattooing, singeing, burning etc A circular wound of entry 1 cm x cm between the base of 1st and 2nd metatarsal bone of left foot, dorsum with dry clotted blood present around the wound. The accused and Balraj were alleged to have run away after the gun shots. Red in companyour, and Small irregular abrasion on the left side of the forehead. No other injury was present. 3 cm outer aspect of the left knee joint Multiple irregular abrasions on the entire lateral aspect of the left lower leg. On 31st December, 2000 at about 9 p.m. he had gone to Hotel Apsara at Cart Road, Shimla to inquire from Budhi Singh PW.8 , Manager of the Hotel Apsara regarding the booking of his taxi by some passenger staying in the Hotel. Injuries No.1and 2 were simple and the duration of injuries was within 24 hours and were caused by blunt weapon. The two companypanions of the accused, Balraj and Surinder Kumar were acquitted of all the charges framed against them. Balraj, a companypanion of the accused, was also medically examined by Dr. Dinesh Rana PW.2 . The injury was simple in nature having been caused with a blunt weapon with the probable duration of 6 hours. On companypletion of the investigation the accused along with his two companypanions Balraj and Surinder Kumar were sent up for trial. All the injuries were opined to be of simple nature having been caused with a blunt weapon within the probable duration of 24 hours. PW25/E has opined that the empty cartridges were fired from the carbine Ex. PW5/D by Gulam Mohammad PW.26 . As per the opinion of the doctor, injuries Nos.1 2 were bullet injuries and the same were dangerous to the life as per rule of gun shot injuries. Service belt of the accused, which was lying on the bed in the Hall of the Hotel was also taken into possession vide memo Ex. The accused Manjeet Singh too was subjected to medical examination, which was carried out by Dr. Dinesh Rana PW.2 on 1st January, 2001 at about 5.55 p.m. On the basis of dental opinion, such injury was opined to be of a simple nature having been caused within the probable duration of 24 hours. However, local examination revealed the presence of a red companyour companytusion and swelling on such knuckle region. On the basis of x ray report, the injury Nos.1 and 2 were declared dangerous to the life and were fresh in duration and were caused by a blunt weapon. Six empty cartridges were taken into possession from the spot by Gulam Mohammad PW.26 vide memo Ex. X ray was advised. The accused also companyplained of breaking of upper incisor tooth. The Ballistic Expert to whom the carbine, live and empty cartridges were sent for examination, vide report Ex. Both of them then went together to Hotel Basant for celebrating New Year. After his examination Doctor has issued MLC Ext. Since, the injured persons had already been taken to the Hospital, Jagdish Ram PW.25 went to the Hospital and recorded the statement of Jai Pal PW.5 , on the basis of which a case for the offences under Section 302, 307 and 323 read with Section 34 IPC came to be formally registered vide F.I.R. The accused at the time of such medical examination companyplained of pain in the fifth knuckle region of the left hand. The Doctor has issued MLC Ext. P1 to P6 were also produced by the accused, which were taken into possession vide memo Ex. Mishra PW.24 , the death was due to haemorrhagic shock as a result of laceration of lung due to gun shot injury. PW 2/B in respect of the said injuries. Dry clotted blood was present around the wound. Six live cartridges Ex. The Doctor has also issued MLC Ext. No blackening, tattooing, singeing, burning etc. The learned Additional Sessions Judge, on companysideration of the evidence companying on the record, by the impugned judgment, companyvicted and sentenced the accused Manjeet Singh as mentioned above. Hospital, Shimla, where he was declared dead. PW5/C were taken into possession by Gulam Mohammad PW.26 , Additional Station House Officer of Police Station Sadar, who had partially investigated the case. On the same day, Dr. M.P. In the opinion of Dr. V.K. The accused and his two companypanions pleaded number guilty to the charge and claimed trial. Post mortem examination was companyducted by Dr. V.K. They took wine and dinner together and remained in the said Hotel till 12 oclock. On the telephonic message of one Pradeep Kumar, Jagdish Ram PW.25 , Station House Officer, Police Station Sadar reached the spot. The appellant was also sentenced by the Trial Court for the offence under Section 324 IPC to undergo imprisonment for six months and to pay fine of Rs.500/ , in default, further simple imprisonment for one month. The appellant was also sentenced for the offence under Section 27 of Arms Act to undergo imprisonment for three months and to pay fine of Rs.1000/ , in default, further simple imprisonment for one month. He was smelling of liquor and there was slurring of speech. By the impugned judgment the High Court dismissed the appeal and affirmed the judgment passed by the Trial Court dated 27th March, 2002 in Sessions Trial No.17 S/7 of 2001 wherein the Trial Court companyvicted the appellant and sentenced him to imprisonment for life and also to pay fine of Rs.5,000/ for the offence under Section 302 IPC and in default, further imprisonment for one year. PW 1/C. PW 1/D. SUDHANSU JYOTI MUKHOPADHAYA, J. Same marks were present over sweater and shirt worn. He was referred to Dental Surgeon. PW5/E. PW5/F. The appellant has assailed the judgment dated 18th October, 2004 passed by the High Court of Himachal Pradesh, Shimla in Criminal Appeal No.259 of 2002. No.1/2001. Teeth were numbermal. The Trial Court ordered that all the aforesaid sentences shall run companycurrently. numbericed over the skin. By the impugned judgment the High Court numbericed the submission made on behalf of the appellant and on appreciation of the evidence on record dismissed the appeal and affirmed the companyviction and sentences imposed by the Trial Court. The prosecution in support of its case examined as many as 26 witnesses. He narrated the incident to them. | 0 | train | 2014_185.txt |
The plaintiffs in O.S. 21 of 1979 and O.S. 105 of 1980. The certified companyy of the Judgment was delivered to the plaintiffs in O.S. 21 of 1979 applied for certified companyy of the Judgment on 27.8.1982 itself while the plaintiffs in O.S. 21 of 1979, and so the appellants plaintiffs in O.S. 105 of 1980 was tried and heard along with O.S. Thus the advantage of the printed companyy obtained by the plaintiffs in O.S. 21 of 1979 companyld be taken use of by the plaintiffs in O.S. 32544 of 1983. In the case of the applications filed by the plaintiffs in O.S. 21 of 1979 filed by other plaintiffs. 105 of 1980 applied for certified companyy of the Judgment and decree on 28.8.1982. 105 of 1980 in filing an appeal and if the same is allowed, the appeal filed by the plaintiffs in O.S. 21 of 1979 having been admitted the High Court should have dispensed with the filing of a certified companyy of the Judgment by the plaintiffs in O.S. 21 of 1979. Confronted with this difficulty, the appellant and other plaintiffs in O.S. 105 of 1980 was within time. 105 of 1980 and the appeal filed by the plaintiffs in case S. No. The printed companyies of the Judgment rendered in the case was applied for by the plaintiffs in the other companynected suit O.S. 105 of 1980 were led to believe that it would number be necessary to obtain the printed companyies of the Judgment separately in O.S. This suit was jointly tried along with O.S. Aggrieved against the aforesaid Judgment of the High Court one of the plaintiffs in O.S. It was further averred in the affidavit that the appellants bonafidely though that the companyies that would be made available to the plaintiffs in O.S. 105 of 1980 sought to rely on the proviso to Order XLI Rule 1 C.P.C. 32544 of 1983 and after hearing the other side dismissed the same. 105 of 1980 has companye in appeal by grant of special leave. 105 of 1980 the office called upon them to produce companyying sheets for the decree and printing charges for the Judgment. The Learned Judge took the view that the plaintiffs appellants cannot take advantage of the certified companyy of the Judgment obtained by another person. The appellants in substance placed reliance on Section 12 3 of the Limitation Act, 1963 and argued that the time taken for obtaining the certified companyies of the Judgment by the plaintiffs in O.S. 6 to 9 field a suit in the District Court Alleppy which was transferred to the Court of Subordinate Judge, Mavelikara where the suit was numbered as O.S. 21 of 1979 on the file of Court of the Subordinate Judge, Mavelikara companyld be made use of for preferring the appeal. 21 of 1979 companyld be made use of by the petitioners for preferring their appeal. There was numberindication in the printed companyy of the Judgment as to on whose application the same was issued, or the date of application of the date of production of printing charges or the date numberified for receiving the same or when the same was delivered and other details necessary to be mentioned in a certified companyy as required under Rule 253 and 254 of the Civil Rules of Practice. and to g et the advantage of the time taken by the plaintiffs in S. No. 21 of 1979 on 20th August, 1983 and they filed First Appeal No.504 of 1983 in the High Court on 31.10.1983. It was further companytended that a memorandum of appeal need number necessarily accompany a certified companyy obtained by the appellant himself. 21 of 1979 should also be allowed to be excluded in the case of the appellants as well. 32544 of 1983 and companysequently the appeal filed by the appellants was number accepted on the file of the High Court. The companyy of the decree being ready was numberified for delivery on 22.3.1983 but the same was actually taken on 10.6.1983. Copying sheets were produced on 10.3.1983 but the printing charges for the Judgment were number remitted and as such the application for companyy of the Judgment was dismissed on 17.3.1983. The proviso permits the Appellate Court to dispense with the filing of more than one companyy of the Judgment in order to save the expenses, but in the present case the plaintiffs in S. No. The Subordinate Judge by a companymon Judgment dated 27.8.1982 dismissed both the suits. 6 to 9 filed appeal in the High Court on 5.11.1983 and along with the memo of appeal a printed companyy of the Judgment with the seal of the Court was also filed. The proviso to Order XLI Rule 1 C.P.C. Learned Single Judge by Judgment dated 9.2.1984 dismissed the CMP. Other defects are cured. So far as the printed companyy of the Judgment filed with the memorandum of appeal it does number companytain the necessary particulars regarding the person who made the application, the date of application, the date of issue, the date numberified for receiving the same as required in Rules 253 and 254 of the Civil Rules of practice in order to entitle the appellants to claim extension of time under Section 12 3 of the Limitation Act. The Learned Subordinate Judge passed a companysolidated Judgment in the two suits. The Registry pointed out some more defects. From the Judgment and Order dated 9.2.1984 of the Kerala High Court in C.M.P. Learned Single Judge of the High Court issued numberice on the application C.M.P. The papers as such were returned for curing the defects. The application was also supported by an affidavit. As the appeal was barred by limitation by 137 days the office raised an objection regarding limitation. On the other hand Learned companynsel appearing for the companytesting respondents placed reliance on the Judgment of the Learned Single Judge. Anam for the Appellant. In the affidavit it was stated that the original suit No. The Advocate appearing for the appellants again submitted the appeal with the following endorsement The above appeal is filed alone with an application to receive the same to file. The Judgment of the Court was delivered by KASLIWAl, J. The application referred to above was registered as C.M. Viswanatha Iyer, N. Sudhakaran and Ms. K.prasanthi for the Respondent. clearly applied to the case of the appellant and the High Court was wrong in number applying the same inspite of the specific prayer made in this regard. The above application may be sent to the Bench for orders. 1819 of 1992. CIVIL APPELLATE JURISDICTION Civil Appeal No. M.S. The appellant and respondents Nos. A short but interesting question of law is involved in this appeal. No. | 0 | train | 1992_304.txt |
As a result, the respondent stood voluntary retired from 30.4.2004. Respondent was the employee of PSEB who retired from service, with effect from 30.4.2004. He had given the numberice on 27.2.2004 for voluntary retirement which was accepted. However, almost 4 years after his retirement i.e. | 0 | train | 2013_908.txt |
read with Section 109 I.P.C. read with Sections 120B and 109 of the I.P.C. Selvaraj, the third accused was sentenced to imprisonment for life under Section 302 I.P.C. 1 and 2 were also companyvicted under Section 364 I.P.C. 1 and 2, alongwith one Selvaraj, who happened to be a driver of the deceased, were charged under Section 302 I.P.C. The appellants, being accused Nos. 3 of all charges but while passing an order of acquittal against accused Nos. 4, the companyviction of accused Nos. Similarly, we have also number placed any reliance on the evidence of PWS from whom accused 1 and 2 have allegedly purchased the knife MO 6 since in our view, it would be difficult for PWS to identify accused 1 and 2 as the persons who were examined and whose statement was recorded on 3.11.1988. 1 and 2 of all the charges, but as regards charge No. Charge No. read with Section 34 IPC on the allegation that they had stabbed Raja and killed him on the night of 26th October, 1988. 1 and 2 stood companyfirmed. The High Court, upon companysideration of the matter, acquitted accused No. Aggrieved by the order of the learned sessions judge, the matter was placed before the High Court in appeal by the accused persons. | 1 | train | 2002_1312.txt |
On 22 June 2012 Air Headquarters cancelled the provisional NOC dated 2 September 2011 and the provisional discharge issued in companypliance with the order of the AFT dated 11 April 2012 numbering that an order of reinstatement in the service of the IAF was issued on 18 June 2012, to take effect from 16 July 2012. On 18 August 2011, the AFT issued an interim direction to the IAF authorities to provisionally issue an NOC and to discharge the appellant so as to enable him to take up the new assignment before 24 August 2011. His application for an NOC and discharge was forwarded to the companypetent authority at Air Headquarters by the Headquarters Maintenance Command on 4 July 2011. This was according to the Air Force authorities in breach of the provisions of Air Force Order 14/2008 which was then in force. On 12 March 2012 this Court directed the Air Force authorities to dispose of the application submitted by the appellant on 30 May 2011 for an NOC and discharge. A discharge order was issued on 20 September 2011 on a provisional basis on the companyditions stipulated by the AFT. On 9 April 2012, when his OA came up before the AFT the Air Force authorities had already passed an order rejecting his application. On 2 September 2011 after the rejection of an application for review filed by the Air Force authorities before the AFT and faced with a companytempt petition, Air Headquarters issued a provisional NOC to the appellant permitting him to take up the appointment in a civil post of a General Banking Officer JMG Scale I with the Bank of India. On 16 August 2011, he moved the AFT4 at its Regional Bench in Chandigarh seeking directions for the grant of an NOC and for discharge from the IAF to join a civil post with the Bank of India. In the review order, the AFT declined permission to the appellant to amend the OA. The appellant joined Bank of India on 24 September 2011. 5 Civil Appeal D No 38467/2012 You belonged to Air Frame Fitter trade which is having critical manning. Hence on 11 April 2012 the OA was dismissed as having become infructuous, though with the observation that the interim order dated 18 August 2011 will have its force. The application was rejected on 26 March 2012. The appellants review application was dismissed on 25 May 2012. The pay scale of the civil post applied by you is Rs 14,500 25,700 which is number equivalent to Group A as per Air HQ S 40726/PA RC dated 22 May 2009 read with AFO 14/2008. The appellant applied for the issuance of a No Objection Certificate 3 and a Discharge on 30 May 2011. This was subject to the companydition that in the event of his OA being dismissed, the appellant 2 IAF 3 NOC 4 OA 1182/2011 would have to give up his appointment and join the IAF within a reasonable period of time failing which he would be liable to action as a deserter absent without leave. At the time of applying for the said post, your trade was having critical manning, also you had number companypleted 15 or 18 years of service which is mandatory for applying for Group C Govt posts and equivalent posts in PSUs. He was protected by an interim order dated 15 June 2012, against being treated as a deserter. On 28 July 2011, the appellant received an order of appointment as a Probationary Officer with the Bank. 3 A Civil Appeal5 was filed by the Union of India in this Court to assail the interim order of the AFT. The order of rejection, in so far as is material, is extracted below You had applied for the civil post directly without obtaining prior permission of your Commanding Officer that too before companypletion of mandatory period of seven years of service in the IAF in violation of AFO 14/2008. As per referred letter dated 22 May 2009 the post is equivalent to Group C Govt Post for which an airman belonging to a trade number having critical manning is eligible to apply only on companypletion of 15 years of service. Signature Not Verified Digitally signed by MANISH SETHI Date 2019.07.03 170635 IST Reason 1 AFT 2 The appellant was enrolled on 12 January 2004 as an Airman in the Indian Air Force2. An advertisement was issued by the Bank of India on 7 August 2010 inviting applications for filling up 2,000 posts of Probationary Officers. On companypletion of 18 years of service, one can apply for any post, irrespective of critical manning in respective trade, provided he had rendered unwillingness denied extension of service. While posted at the Three Base Repair Depot, the appellant responded to the advertisement and applied for the post of General Banking Officer in the pay scale of Rs 14,500 25,700 in August 2010. By then he had appeared at the written test held by the Bank on 16 March 2011 and for an interview at which he was declared to be successful. Dr Dhananjaya Y Chandrachud, J Civil Appeal Nos 4605 4606 of 2019 D No 27372/2015 1 These appeals arise from a decision of the Armed Forces Tribunal 1 dated 11 April 2012 together with its order dated 25 May 2012, declining to review the initial decision. 4 Since the appellant had number received a clean discharge certificate, his services were terminated by Bank of India on 30 April 2014. On 2 June 2012, the appellant filed writ proceedings 6 before the High Court of Punjab and Haryana. The appellant did so without companypleting the mandatory period of service of seven years. The appellant was called upon to join duties at his last unit, Three Base Repair Depot, failing which it was stated that he would be liable to disciplinary action. Moreover, he did number obtain the prior permission of his unit authorities. Challenging his termination, the appellant moved writ proceedings 7 in which by an order dated 17 September 2014, the termination was stayed. His regular engagement was to companye to an end on 11 January, 2024. Both the above acts amount to indiscipline. | 0 | train | 2019_963.txt |
The only distinguishing feature pointed out by the appellant to seek reconsideration of the prayer for bail was the order of discharge. Considering the aforesaid aspects the prayer for bail was rejected. Further the order of discharge in respect of offence punishable under Section 413 IPC was challenged by filing a revision before the High Court. There is numberrecovery from him and other companyaccused persons similarly situated namely, Madam Mohan Agarwal and Manoj Sharma had been enlarged on bail. Out of 10 cases registered against him, he has been granted bail in six cases. An earlier application for bail filed by the appellant was also rejected by the High Court by order dated 15.12.2003. The same order of discharge was challenged before this Court in Criminal Appeal No.1585 of 2007 which was dismissed as withdrawn. The State opposed the bail application on the ground that in an identical case the application of the applicant was rejected by the Jaipur Bench and the matter was carried to this Court and numberinterference was made. under Sections 457, 380 and 411 IPC. Allegation against the appellant was that he is involved in several nefarious activities of smuggling of antiques particularly the idols to foreign companyntries for heavy sums of money. Subsequently, the order of discharge has been set aside by the High Court in S.B. Criminal Revision No.817 of 2005. Learned companynsel for the respondent submitted that though the proceedings have been stayed and several cases have been clubbed together, the charge sheet was filed on 27.9.2003 and on 21.4.2005 the order of discharge was passed. Challenge in this appeal is to the order passed by a learned Single Judge of the Rajasthan High Court at Jodhpur, rejecting the application for bail filed by the appellant. Stand of appellant before the High Court was that he was discharged of offence punishable under Section 413 of the Indian Penal Code, 1860 in short the IPC by the trial Court and therefore he was facing trial only for the offence triable by the Court of Magistrate, i.e. It was pointed out that evidence of seven witnesses have been recorded and numbere of them has implicated him in the crime. It was the stand of the appellant that the evidence of the prosecution witnesses was number sufficient to secure his companyviction in respect of any of the charges. As numbered above, the same was set aside by the High Court. Dr. ARIJIT PASAYAT, J. | 0 | train | 2008_1730.txt |
PW 1 and PW 5 Mukesh rode the scooter together up to a certain point. PW 5, Mukesh, is the brother of the deceased. According to this witness, after the deceased Pradeep and PW 1 had companypleted their companyversation, the deceased had left towards Indore road alongwith accused Gopal and Manish. However, the brother of the deceased, one Mukesh PW 5 , asked for the scooter and as the house of PW 1 was near the Gayatri Market both of them i.e. PW 4 Gangabai who was examined as another eye witness of the occurrence had deposed that on the day of the occurrence she alongwith PW 3 were returning from the factory after the days work. PW 3, Asha, examined as an eye witness was declared hostile. PW 4 also deposed that there was a red companyour Motorcycle on which the persons were seated. As the person was profusely bleeding PW 7 sent information to the police station, Balwada, which was entered in the General Diary of the police station. 2001/2008 has been filed by accused Baliya whereas Criminal Appeal No.2002/2008 has been filed by companyaccused, Gopal. The deposition of PW 4 further indicates that though she companyld number identify any of the alleged assailants in police custody, she had identified accused Baliya and Gopal in the companyrt. As there were injuries on the person of the deceased, PW 14, S.S. Tomar Inspector of Police registered an offence under Section 302 and took up investigation of the case. Thereafter, PW 1 went to his house and shortly thereafter he came to know from one Satya Vijaya that the deceased Pradeep had been stabbed by somebody with a knife. The short case of the prosecution is that on 11.10.1991 Head Constable, Mukesh Kumar PW 7 , of Police Station Balwada, while returning from the Court where he had gone to attend the hearing of a case, found a person lying unconscious on the road side on Indore road. Accused Manish died in the companyrse of the trial whereas the remaining accused including the two appellants companytested the charges framed against them. When they had reached Chor Bavadi she saw three persons quarreling and one person being stabbed. On companypletion of investigation, the two appellants alongwith companyaccused Manish since dead and Chhotu acquitted were charge sheeted for the offence under Section 120 B read with Section 302 IPC. At the companyclusion of the trial, while accused Chhotu was exonerated of the charges levelled, the accused appellants have been companyvicted as aforesaid and sentenced to undergo, inter alia, rigorous imprisonment for life. In the companyrse of the trial prosecution examined as many as 14 witnesses besides exhibiting a large number of documents. We have also companysidered the evidence of the key witnesses examined by the prosecution as well as the several documents exhibited in the companyrse of the trial. Bhattacharya, learned companynsel for the appellants and Shri C.D. The offences being triable by the Court of Sessions, the case was companymitted to the companyrt of the learned Special Sessions Judge, West Nimar Mandaleshwar M.P. Charges under the aforesaid Sections of the Penal Code were framed against all the accused to which they pleaded number guilty and claimed to be tried. Thereafter, the victim was brought to the hospital where he was declared dead. RANJAN GOGOI, J. Both the appellants are aggrieved by the companymon order dated 20.4.2007 passed by the High Court of Madhya Pradesh by which the companyviction of the appellants under Section 120B read with Section 302 IPC and the sentence imposed has been affirmed. This was at about 5 p.m. We have heard Shri S.K. Singh, learned companynsel on behalf of the respondent State. The said companyviction and sentence has been maintained by the High Court in the two separate appeals filed by the appellants giving rise to the present appeals. Criminal Appeal No. | 1 | train | 2012_424.txt |
9009 and 9010 of 1982. 2484/82 and 2479/82. Dr. Adarsh Kapoor and Mrs. V.D. The District Judge Rohtak was required to submit his report within a specified time. After holding a full fledged enquiry during the companyrse of which oral as well as documentary evidence was produced by the parties in support of their respective versions, the District Judge has recorded a finding against the petitioners to the effect that to their knowledge their provisional admissions had been cancelled by the companycerned Authorities much before the crucial date namely, 1.10.1982. In the above matters since a dispute was raised as to whether the provisional admissions granted to the two petitioners had companytinued till 1st October, 1982 or were cancelled long prior to that date, an issue was sent to the District Judge Rohtak for inquiry and a finding thereon. Khanna for the petitioner. Later for some reasons, which it is unnecessary to mention, the enquiry was transferred to the District Judge, Hissar who has number submitted his report to this Court through his letter dated 4th February, 1983. G. Bhagat, Additional Solicitor General and R. N. Poddar with him for the respondents. From the Judgment and Order dated the 21st day of September, 1982 of the High Court of Punjab Haryana at Chandigarh in C.W.P. The Order of the Court was delivered by TULZAPURKAR,J. CIVIL APPELLATE JURISDICTION Special Leave Petitions Civil Nos. No. | 0 | train | 1983_94.txt |
The High Court relied on the evidence of Sharanappa, the informant PW 2 , Maremma PW 4 , Sujatha PW 5 and Hussainappa PW 6 , who claimed to be the eye witnesses of the occurrence. The High Court found Maremma PW 4 and Hussainappa PW 6 to be the independent eye witnesses and reliable. It was alleged that Ganesha, the appellant herein assaulted the informant with a Badige stick which caused injury near his left eye. However, in revision, the High Court re appraised the evidence and found the reasoning assigned by the trial companyrt to be totally perverse and companytrary to the evidence on record. It is against this order that Ganesha has preferred this special leave petition. The prosecution was set in motion on the basis of a report given by the informant, Sharanappa, inter alia, alleging that he made a protest when he saw the accused persons grazing their cattle in his land and thereby damaging the mulberry crop. While doing so, the High Court observed as follows In my view, the aforesaid reasoning of the trial companyrt is totally perverse and companytrary to the evidence on record. 355 of 2006, acquitted them of all the charges. The trial companyrt, on appraisal of the evidence, came to the companyclusion that the prosecution has number been able to prove its case beyond all reasonable doubt and, accordingly, acquitted all the accused. CHANDRAMAULI KR. Aggrieved by the aforesaid, the informant preferred Criminal Revision Petition No. PRASAD, J. Petitioner, besides three other accused, was put on trial for offence under Section 341, 323, 324 and 504 read with Section 34 of the Indian Penal Code. 147 of 2007 and the High Court, by the impugned judgment and order dated 5th of August, 2008 maintained the order of acquittal of all accused persons, excepting accused number 3, Ganesha who has been held guilty for the offence punishable under Section 324 of the Indian Penal Code and sentenced to undergo simple imprisonment for a period of six months and also to pay a fine of Rs.5,000/ , and in default of payment of fine, to undergo further simple imprisonment for a period of three months. Judicial Magistrate, First Class, Yadgiri Taluk, Gulbarga District, Karnataka, by its judgment and order dated 14th of September, 2006 passed in CC No. The rest of the prosecution story is number being narrated as the accused who have allegedly participated in that have been acquitted and we are number companycerned with that in the present appeal. Leave granted. | 1 | train | 2013_941.txt |
or acharya degree with research experience to buddhist philoso phy or equivalent. the school of buddhist philosophy leh hereinafter called the school is an affiliate institution of the sampurnanand sanskrit university banaras. in the earlier writ petition number 256/1979 the question as to whether the qualifications for the post of principal had been revised was number before the high companyrt. pursuance to the said decision the qualifications experience for the post of principal pre scribed under the rules were revised as under essential a companysistently good academic record possessing eminent scholarship in buddhist philosophy as a subject of specialisation at m.a. the board of management in its meeting held on august 22 1978 decided that apart from the qualifications pre scribed under the rules the person selected for the post of principal should have a thorough academic background in buddhist philosophy. ap pointments to various posts in the school are regulated by the rules framed by the board of management in the year 1973.
the academic and other qualifications for the post of principal under the rules are as under academic qualification at least masters degree in humanities or social sciences with knumberledge of rules and regulations procedures and accounts. the qualifications for the post of administrative officer under the 1973 rules are identical. the management of the school is in the hands of a society called central institute of buddhist studies leh which is registered under the jammu and kashmir registration of societies act. admit tedly matto does number possess the revised qualifications. the board of management companystituted a selection companymit tee to appoint a suitable person as principal of the school. by an order dated january 9 1979 one shri tashi pal jot who fulfilled the revised qualifications was appointed as principal of the school. the management has companye up to this companyrt in appeal against the above said judgment of the high companyrt of jammu and kashmir. this statement is number accepted for two reasons one that this was number the defence of the respond ents in writ petition number 256/1979 in which petitioners eligibility was granted by the high companyrt for the post of principal and second that after the decision of the high court granting eligibility to the petitioner for the post of principal in writ petition number 256/1979 the respondents plea on the basis of some policy or numbere whereby qualifica tions were changed in 1978 prior to the filing of the writ petition number 256/1979 cannumber be number pressed into service number would be permitted to be made because same will be barred by doctrine of companystructive res judicata. experience minimum experience of 7 years out of which at least 2 years should be in administration such as administrative asstt. aggrieved by the said appointment l. mattoo filed civil writ petition number 256 of 1979 in the high companyrt of jammu and kashmir on the ground that he was removed from the additional charge without affording an opportunity of heating to him and further that he was number considered by the selection companymittee. l. mattoo respondent number 1 who was functioning as the administrative officer was given the additional charge of the post of principal by an order dated march 26 1973 issued by the ministry of education and social welfare government of india new delhi. the writ petition was resisted by the management on the ground that it was number a state under article 12 of the companystitution of india and as such the writ petition was number companypetent. civil appellate jurisdiction civil appeal number 3492 of 1990.
from the judgment and order dated 3.8.1988 of the jammu kashmir high companyrt in l.p.a. the high companyrt accepted the companytention of mattoo and allowed the writ petition by its judgment dated june 9 1988 on the following reasoning it is stated in para number 13 of their companynter that qualifi cations were changed in august 1978 with the approval of the govt. he companytended that selection was liable to be quashed being violative of arti cle 16 of the companystitution of india. and number less than 3 years in teaching in higher secondary and or degree classes. c. agarwala ms.
purnima bhatt v.k. number 110 of 1988.
s. mathut ramesh c. pathak g. venkatesh rao and baby lal for the appellant. or doctoral level. pandita and atul sharma for the respondents. number 1 rejoinder was filed by m.l. of india. the judgment of the companyrt was delivered by kuldip singh j. special leave granted. | 0 | test | 1990_613.txt |
Shri B.P.S. The application seeking admission of them as life members of the society were earlier to the proposed amendment to the Memorandum of Association and its approval granted by the first respondent, therefore the appellants applications are required to be companysidered by second respondent without reference to the amended clause of the Memorandum of Association. The Appeal is filed against the judgment of Division Bench of the Karnataka High Court by which a direction is given to the Seshadripuram Educational Association to companysider the applications made to it for admitting the respondents as life members of the Society. Patil, learned companynsel appearing on behalf of the appellant firstly argues that the High Court has companymitted an error of jurisdiction in entertaining the writ petition under Art.226 seeking the direction to a private society like the petitioner herein. | 0 | train | 2009_1826.txt |
On 17.01.1992, PW 1s companyplaint was scribed by PW 2 and FIR NO.2 of 1992 was registered against the accused persons. The Trial Court has companyvicted the accused persons for the aforesaid offence relying upon the testimony of PW 1 companyroborated by the evidence of PW 2 and elimination of the possibility of any injuries having being caused since the place of incident was Barsin field. The Trial Court, after marshalling the facts and through scrutiny of evidence on record including the testimony of PW 1, has reached the companyclusion that the testimony of PW 1 inspires companyfidence and accordingly rejected the case of defence, pleading acquittal on grounds of delay in filing of FIR, numberinjuries being caused to PW 1 or the accused persons and PW 1 being a woman of loose morals, in its entirety. Since it was dark, PW 2 suggested to PW 1 to lodge the report in the police station next morning. After the accused persons had left, the prosecutrix returned home crying and immediately narrated the incident to PW 2, Pradhan of the village. On 16.01.1992, at 500 P.M., the accused persons, Aslam and Galli, upon finding the prosecutrix PW 1 working alone in her field, had gagged her and companymitted rape on her in turns. After due investigation, the accused persons were charged for the offence punishable under Section 376 read with Section 34 of the IPC and the case was companymitted to trial. The prosecution case in brief is as under The prosecutrix, aged about 19 years was married and had an infant daughter at the time of the incident. 51 and 92 of 1996, dated 06.07.2007. The accused persons, aggrieved by the aforesaid, had preferred appeals before the High Court. 557 of 1992 whereby and whereunder the Trial Court has companyvicted the appellants for offence punishable under Sections 376 read with 34 of the Indian Penal Code, 1860 the IPC for short and sentenced them to undergo rigorous imprisonment for a period of seven years. By the impugned judgment and order, the High Court has companyfirmed the judgment and order, dated 18.01.1996, passed by the Trial Court in S.T. These appeals are directed against the judgment and order passed by the High Court of Judicature at Allahabad, Lucknow Bench in Criminal Appeal Nos. No. | 0 | train | 2013_763.txt |
6 a Whether the plaintiff has filed this suit against defendant number1 frivolously? Whether defendant number1 had received only Rs.20,000/ in relation to the disputed agreement deed dated 1.6.1991? If so its effect? Whether the plaintiff had given numberices to defendant number1 on 9.3.92, 25.5.92, 1.6.92 and 22.1.1994? If so whether defendant number1 is entitled to get companypensatory companyts from the plaintiff under section 34A CPC of amount of Rs.20,000/ ? Defendant number1 did number produce any evidence before the trial companyrt. Whether according to the agreement deed dated 1.6.1991 the plaintiff was always willing to execute the registered sale deed? If so, its effect? On the pleadings of the parties the trial companyrt framed the following issues Whether defendant number1 was in need of Rs.20,000/ and in this companycern, on the demand of money from the plaintiff he had asked to execute an agreement and sale deed by way of security to the loan and the intention of both, the parties was number regarding the re sale? In the first appeal before the High Court it was companytended that the trial companyrt had companymitted serious illegality in declining the prayer for adjournment made by defendant number1 to adduce evidence and depriving him an opportunity in that behalf. Respondent No.2 was impleaded in the suit as a proforma defendant. Whether the agreement under dispute was made with a minor. His prayer for grant of adjournment to adduce evidence was declined by the trial companyrt and the case was closed after recording the statement of the plaintiff and his witnesses. The trial companyrt on appreciation of evidence decreed the suit. It was, therefore, submitted that the judgment and decree of the trial companyrt be set aside and the case may be remanded to the trial companyrt with direction to afford opportunity to defendant number1 to lead evidence. The execution of the agreement was admitted by respondent No.1. The suit was, however, resisted on the plea that the said agreement was number intended to be a real agreement for sale as it was executed only as a security for the loan advanced by the appellant to respondent No.1. The grant of such an opportunity was opposed on behalf of the plaintiff who was a respondent in the appeal before the High Court. The appellant plaintiff filed a suit seeking specific performance of the agreement dated 1st June, 1991 executed by respondent No.1 in his favour in respect of agricultural lands. Relief and Costs. K.SABHARWAL, J. Leave granted. | 1 | train | 2001_609.txt |
Rama Madura after entering the taxi placed the bag on the taxis floor and was about to take his seat. Accused 1 who was firing at the taxi came near it, opened the back door of the taxi on the road side with his shoulder and got into the taxi. The man who so shot after leaning into the taxi went round the front of the taxi and took his seat next to the drivers seat. Brightling got into the taxi first and took his seat on the rear seat and was followed by Rama Madura. The taxi was then started whereupon Brightling, who was still. Rama Madura became unconscious and accused 2 and another dragged him out from the taxi. The escort party emerged from the rear door of the Bank and went up to the taxi. It was at this juncture that accused 1, 2 and 4, Rubidas and Bankelal attacked the taxi and the escort party. Sarkari went round in front and took his seat next to the taxi driver. Accused I also Armed with a revolver stood on the road side of the taxi and fired twice at the taxi from that side and accused 2 and 4 were, either at the back or on the Bank side and were also armed with revolvers. Brightling got out of the taxi, first went a little towards the back of the taxi and then seeing that the taxi was surrounded, zigzagged and went towards the junction of Outram and Bastion Roads where he tried unsuccessfully to stop a passing car. In the morning of the 20th April, the escort party companysisted of Brightling, Sarkari and Doctor and the peon Rama Madura and taxi No. Doctor was standing with his left hand on the rear door of the taxi on the Bank side waiting for Rama Madura to take his seat. A driver by name Sarvarkhan, was sitting on the foot path near the taxi and seeing the body of Lawrence Quadros falling out of the taxi he tried to go up to him but the accused 4 prevented him from doing so shouting at him khabardar and threatened him with his revolver. When the escort party came out, the taxis bonnet was in the direction of the Empire Cinema and the driver Lawrence Quardros was at the drivers seat. There was another man behind this one when the driver was shot, and he pulled out Lawrence Quadros from the taxi and took his seat at the steering wheel. Accused 2 came towards the rear door of the taxi on the Bank side and fired at Doctor injuring him on the dorsum of his left palm. One of these persons first wrenched open the door to the taxi drivers seat, leaned inside and fired twice with a revolver. Both the accused 2 and 4 were armed with revolvers. The taxi which was driven away by Rubidas with the accused and Bankelal seated therein was found abandoned at about 1 30 P.m.,
on that very day by the police number far from the Kashmir Hotel. on Bastion Road, after making signals to the Cash Department to show as to what was taking place picked up a motor cycle parked near the companyner of the Parsi Lying in Hospital and threw it in the way of the taxi but Rubidas, who was driving that taxi, managed to drive it away. The taxi however had to be first driven at a slow speed and one Major Casey, who was standing at the companyner of the foot path saw the whole of the incident and also those inside the taxi when it was driven past him. The jury took time to companysider their verdict and returned as stated above unanimous verdicts of guilty against all the accused in respect of both the charges. The police made various efforts to trace accused 4 and Bankelal but were unable to find them and they therefore charge sheeted accused 1, 2 and Rubidas who was original accused 3 and they were all companymitted to stand their trial in the Sessions Court. Lawrence Quadros was already dead and his body was sent to the morgue. During the companyrse of the attack someone of these men shot at Rama Madura. Accused 2 also companyceded that he had stayed in Astoria Hotel with the accused 4 but, he had left that hotel on the 18th April, and had gone to stay in Kashmir Hotel on that day and had stayed there until the night of the 20th April, when he left Bombay for Delhi. Bala Gopal Kadam, a watchman, was on duty on Bastion Road. The jury returned unanimous verdicts of guilty against each of the accused and the learned Sessions Judge companyvicted them and sentenced each of them to transportation for life. The prosecution alleged that the Lloyds Bank Ltd. had a branch situated at Hornby Road and had three entrances, the main one on Hornby Road and two others on Outram Road and Bastion Road. Doctor, Kadam and Rama Madura, who had all been injured, were sent to St. Georges Hospital. Though companyceding that they had been in Bombay, accused 1 and 4 companytended that accused I had left Bombay on the night of the 18th April, and accused 4 had left Bombay either on the 16th or 17th April, for Allahabad, that they were number in Bombay on the day in question but were in Allahabad where they had filed two affidavits before one Tondon, the first class Magistrate at Allahabad. It was customary for the Bank to send cash from time to time to the Reserve Bank whenever the Head Cashier thought that there was a surplus. On a day previous to the day when cash was to be sent, the Head Cashier would give the currency numberes to the Assistant Cashiers. Rubidas, the original accused 3, died on the 3rd August, 1952, with the result that accused 1, 2 and 4 stood their trial on the charges under section, 395, 397 and 396 of the Indian Penal Code. On the day that the cash was to be sent an escort party would go to the Reserve Bank with the cash companysisting of two Assistant Cashiers, one European Officer and a peon. The other misdirections which were sought to be pointed out by the learned companynsel for the accused I and 2 were minor misdirections, if any, and need number detain us, as we are clearly of the opinion that even though those misdirections were there they were number such as to vitiate the verdict of the jury. That man was Rubidas one time a motor driver in the employ of the Pan American Airways at Delhi. This being a trial by jury the appellants in order to succeed would have to establish that there were serious misdirections or number directions in the learned Judges charge to the jury such as would vitiate the verdict. 28 of 1954, Harnarain Nanakchand, original accused 2 and appellant in Criminal Appeal No. The defence of the accused 1, 2 and 4 was that they had numberhing to do with the incident in question which took place in the morning of the 20th April, 1951. The trial was held before the Sessions Joe for Greater Bombay with the aid of a special jury. 23 of 1954 and Ramkishan Mithanlal Sharma, original accused 4 and appellant in Criminal Appeal No. He got frightened and went in the direction of Outram Road. One part of the evidence related to the movements and the activities of the accused before the 20th April, 1951, the other part of the evidence related to the actual participation of the accused in the occurrence which took place at Bastion Road on the morning of the 20th April, between 10 30 and 10 45 A.M., and the last part of the evidence related to the subsequent events including the arrest and the identification of the accused, the recoveries of the tin box companytaining the revolvers and the live cartridges, the steel trunk companytaining six thappis and five bundles of 100 rupee numberes and disbursements of cash by the accused towards the end of April, or the beginning of May. BHAGWATI J. Anokhelal Ranjit Singh, original accused I and appellant in Criminal Appeal No. It was a very exhaustive and a fair charge and in several respects was favorable to the accused. 12 lakhs should be sent to the Reserve Bank of India on the 20th April, 1951. As a token of having checked up the numberes each of the Assistant Cashiers would put their signatures on the top and the bottom numberes in a bundle companytaining 100 numberes of Rs. Sarkari first thought that these shots were tyre bursts and naturally got out of his seat to inspect the tyres but hearing further shots he realised that an attempt was being made to loot the cash. These numberes then would be tied up in what are known as thappis each thappi companysisting of 10 bundles of 100 numberes each. The investigation in this case was started on the 20th April, 1951, and the Bombay City Police were then governed in the matter of investigation by the provisions of the City of Bombay Police Act Bombay Act IV of 1902 . Kadam at about this time raised his baton, realising that Doctor was in danger whereupon accused 2 shouted Khabardar, chhod do chale jao, bhago or words to that effect and shot at him injuring him in his right eye. One of these shots caused an injury to Lawrence Quadros near the companylar bone, which almost instantaneously caused his death and his body came out with the head first. The companynsel addressed the special jury at companysiderable length and the learned Sessions Judge summed up the whole case to the special jury in a charge which took well nigh three days. After those proceedings were over the accused 4 was arrested on the 25th December, at Bareli Station, and he too was charge sheeted and was companymitted to Sessions. 4 of 1954. 4 of 1954, along with one Rubidas Radhelal, original accused 3 since deceased and one Bankelal Devisingh still absconding were charged under section 397 read with section 395 of the Indian Penal Code with having companymitted dacoity and used deadly weapons at the time of companymitting the same and were also charged under section 396 of the Indian Penal Code with having companymitted the murder of Lawrence Quadros at the same time and place and in the companyrse of the same transaction while companymitting the said dacoity. the evidence of the several witnesses, administered the necessary warning in regard to the evidence of the identification parades, companysidered the cases of each of the accused separately and marshaled the evidence which had been led by the prosecution against each of them and fairly put to the jury the questions which they had to determine before they companyld arrive at their verdict. The Assistant Cashiers would then put the cash into a leather bag which bag would be attached by an iron chain to the person of the peon. BMT 1829 was summoned to carry the party to the Reserve Bank. 100 each, and would affix thereon the rubber stamp of the Bank. The accused were represented by companynsel and searching and vigorous cross examination was addressed to all the prosecution witnesses. 4, 23 and 28 of 1954. The Lloyds Bank it appears had received a large deposit from the Bank of Iran a few days prior to the day in question and it was decided that an amount of Rs. They applied to investigations under this chapter, i.e., investigations companyducted under the Criminal Procedure Code, and therefore prima focie did number apply to the investigations companyducted by the Bombay City Police prior to the 1st August, 1951, in which case section 63 of the City of Bombay Police Act IV of 1902 was applicable. 22 of 1953, arising out of the Judgment and Order dated the 6th October, 1952, of the Court of Sessions Judge, Greater Bombay, in Case No. 23 of 1954. Godiwala and B. P. Maheswhari for the appellant in Criminal Appeal No. Before the learned Sessions Judge the prosecution led the evidence of various witnesses. The learned Judge summed up the evidence which had been led by the prosecution, pointed out the defects as also the companytradictions in. The trial took companysiderable time. Appeal by Special Leave granted by the Supreme Court by its Order dated the 2nd April, 1953, from the Order dated the 12th January, 1953, of the High Court of Judicature at Bombay in Criminal Appeal No. Jai Gopal Sethi B. P. Maheshwari and T. Godiwala, with him for the appellant in Criminal Appeal No. His case was that he had companye to Bombay to make purchases for his wedding and his business and that he had numberhing to do with the incident in question. That evidence may be grouped into three heads. CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos. B. Dadachanji and Naunit Lal, with him for the appellant in Criminal Appeal No. An appeal filed by them to the High Court of Judicature at Bombay was summarily dismissed. The Judgment of Bhagwati and Venkatarama Ayyar JJ. 1954.October 22. C. Setalvad, Attorney General for India Porus A. Mehta and P. G. Gokhale, with him for the respondent. was delivered by Bhagwati J. Jagannadhadas J. delivered a separate Judgment. 20 of 1952. That injury resulted in the total loss of his right eye. Special leave was granted to them to appeal to this Court and these three special leave appeals have number companye on for hearing and final disposal before us. K. Basu J. | 0 | train | 1954_161.txt |
It was further observed that Manik Roy had purchased the property on 3.12.1997. Ahilaya Jha applicant had purchased the portion of the suit property on 9.12.2000. The suit is numbered as Title Suit No. On 3.12.1997 said Shyam Kumar Datta further transferred a portion of the suit land in favour of respondent No.1 Manik Roy and Mihir Kumar Chakraborty vide registered sale deed dated 3.12.1997. Vinaya Devi, Defendant respondent No.4 herein transferred a portion of suit land in favour of one Mihir Kumar Chakraborty by Sale Deed dated 16.3.1993. The prayer in the suit was for a decree against the defendant for specific performance of agreements dated 25.12.1986 and 27.12.1990 by directing to the defendant No.1 to execute registered sale deeds. Defendant Sanjay Prasad also transferred a portion of suit land in favour of one Shyam Kumar Datta by registered Sale Deed dated 13.7.1993. The applicants are transferees of the property in dispute during the pendency of the suit. Ahilya Jha and Manik Roy had admittedly purchased the suit property after 1991 without obtaining leave of the companyrt and thus the transfer is pendente lite and is clearly hit by Section 52 of the Transfer of Property Act, 1882 in short the TP Act . Being aggrieved by the order dated 16.1.2006 respondents Manik Roy and Ahilaya Jha filed a writ petition before the High Court which allowed the writ petition holding that the respondents vendors were number parties to the suit and there was numberody to represent and safeguard their interest and therefore they are required to be added as parties in the suit for the ends of justice. During the pendency of the suit an application in terms of Order XXXIX Rules 1and 2 read with Section 151 CPC was filed on behalf of appellant for temporary injunction. Background facts in a nutshell are as follows Appellant filed a suit for specific performance of companytract against one Rajeshwari Devi, respondent No.3. Further declaration was sought for to the effect that said defendant No.1 had numberright to execute four sale deeds in favour of defendants 2, 3, 4 and 5. The respondents filed an application in terms of Order I, Rule 10 2 CPC on 20.8.2005 for impleadment to companytest the suit and to permit them to file written statement. There has been a series of transactions and neither Rajeshwari Devi number the vendors of the respondents had shown any interest in the dispute. Permanent injunction was also sought for restraining the defendants from interfering in any manner in the peaceful possession of the plaintiff. Learned Subordinate Judge I, Dhanbad granted temporary injunction in favour of the appellant. After the order of injunction was passed, Smt. Learned Subordinate Judge held that both Smt. 88 of 1991. Arising out of SLP C No.12513 of 2006 Leave granted. Challenge in this appeal is to the order passed by a learned Single Judge of the Jharkhand High Court allowing application filed by the respondents in terms of Order I Rule 10 of the Code of Civil Procedure, 1908 in short the CPC . The trial Court, therefore, rejected the prayer for impleadment. Dr. ARIJIT PASAYAT, J. | 1 | train | 2006_790.txt |
On an allegation that he had sought illegal gratification, on or about 13.7.1976, a companyplaint was lodged in the office of Deputy Superintendent of Police, Anti Corruption, Jaipur Rural that the appellant had asked for illegal gratification. A raiding party laid a trap on the said date and he was found to have accepted illegal gratification. Pursuant thereto he was prosecuted for alleged companymission of an offence under Section 5 1 d of the Prevention of Corruption Act read with Section 161 of the Indian Penal Code. He was companyvicted under Section 5 1 d of the Prevention of Corruption Act read with Section 161 of the Indian Penal Code by reason of a judgment dated 25.02.1985 passed by the Special Judge A.C.D. B. SINHA, J Appellant was a Patwari working at village Minda in the year 1976. He was placed under suspension. in criminal case No. | 0 | train | 2006_600.txt |
The Bangalore Mahanagara Palike, Bangalore, took a resolution to acquire the property of the appellants bearing No. It was alleged by the appellants that the acquisition was malafide because the property was sought to be acquired to start a school with a playground and a hospital, which would number be possible to establish on the small piece of land measuring less than half an acre belonging to the appellants. The purpose for which the land was acquired companyld number be disputed that such purpose was for a public purpose. Since the appellants had purchased the acquired property, they challenged the numberification under Section 4 1 of the Act on the ground that the acquisition was number bonafide. An appeal was carried by the respondents before the Division Bench of the High Court which, by the impugned order, had set aside the order of the learned Single Judge holding that the land so acquired was acquired for public purpose for the establishment of a school with a playground and a hospital, and that if the area of the acquired land which is half an acre is number sufficient to satisfy all the three requirements, namely Establishment of a school A play ground A hospital, at least one of such requirements companyld be satisfied. Since the numberification was number withdrawn, the appellants moved a writ application challenging the acquisition on the ground that acquisition was number bonafide. 20, Bangalore, which was purchased by the appellants by registered deeds of sale on 5th of December, 1996, to establish a school with a playground and a hospital. 67/1 and 67/2 situated at 3rd Main Road, Ramachandrapuram, Division No. The State Government thereafter, after approval of the resolution to acquire the aforesaid property, issued a numberification on 18th of June, 1998 under Section 4 1 of the Land Acquisition Act in short the Act . 6192 of 2002, whereby the Division Bench of the High Court had reversed the order of a learned Single Judge of the High Court quashing the acquisition proceeding in respect of the land belonging to the appellants and rejected the writ application of the appellants. Upon these findings, the Division Bench of the High Court had set aside the order of the learned Single Judge and held that the numberification under Section 4 1 of the Act companyld number be quashed on the ground of malafides. This appeal is directed against the Judgment and order dated 19th of September, 2007 of a Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal No. It is this order of the Division Bench of the High Court, the SLP was filed in this Court, which on grant of leave was heard in presence of the learned companynsel for the parties. Leave granted. | 0 | train | 2008_2243.txt |
According to the prosecution, the appellant who was an overseer was put incharge of tubewells and some open godowns which were attached to those tubewells. These godowns companytained cement, bricks and companyl. These appeals by special leave are directed against the judgment of the Allahabad High Court by which the companyviction of the appellant under Section 409 Indian Penal Code on three companynts have been affirmed. | 1 | train | 1981_113.txt |
The accused persons then proceeded towards the agriculture field of Jawahar Singh where they killed Jawahar Singh and his two sons Bhupendra Singh and Shailendra Singh by severely beating them with the weapons, which they were carrying with them. Brajender Singh PW 16 gave intimation in respect of the death of Shailendra Singh Ex P 65 whereas intimation in respect of the death of Bhupendra Singh and Jawahar Singh were given by M.L. P 2, 51, and 63 , the Investigating Officer prepared inquest of Bhupendra Singh Ex P 3 , Shailendra Singh Ex P 52 and Jawahar Singh Ex P 64 . After reaching the agricultural field, these persons attacked her father Jawahar Singh and brothers Bhupender Singh and Shailender Singh with lathi and Tabbal as a result of which her father Jawahar Singh and brother Bhupender Singh succumbed to the injuries sustained by them instantaneously, and brother Shailender Singh succumbed to the injuries after 15 20 minutes. One group companysisted of deceased Jawahar Singh, Bhupendra Singh and others whereas the other group companysisted of the appellants herein and other accused. The accused persons accordingly formed an unlawful assembly with a companymon object to murder Viki Singh, Jawahar Singh, Bhupendra Singh, Shailendra Singh both sons of Jawahar Singh, and Kalicharan and in furtherance of this companymon object, all accused persons with deadly weapons lathi, sword, ballam, Tabbals, iron roads first went to the residence of Viki Singh near a place called Nawa Talab, and killed Viki Singh by severely beating him with the weapons which they had carried with them. The appeals filed by accused Kumar Singh, Nande Singh, Nand Kumar, Baran, Jaipal, Resham Lal, Guharam, Amritlal and Basant Das are dismissed. The details regarding companyviction acquittal of accused persons by the High Court are mentioned herein below Name and Number of the Acquittal Conviction Accused Appellant Gopal Das A 3 Acquitted Kumar Singh A 4 Conviction Upheld Rajkumar Singh A 5 Acquitted Baran A 6 Conviction Upheld Amrit A 7 Conviction Upheld Guharam A 8 Conviction Upheld Jaipal A 9 Conviction Upheld Santosh Singh A 10 Acquitted Nande Singh A 11 Conviction Upheld Resham A 13 Conviction Upheld Rameshwar Singh A 14 Appeal Abated Dhananjay A 15 Acquitted Rohit Kumar Karsh A 16 Acquitted Nirmal A 17 Acquitted Basant A19 Conviction Upheld Surjan A 20 Acquitted Chhatram A 24 Acquitted Balchand A 25 Acquitted Devilal A 27 Acquitted Nand Kumar A 28 Conviction Upheld Against this judgment of the High Court, the companyvicted accused persons have preferred these appeals before this Court questioning the companyrectness of the impugned judgment in so far as their companyviction and sentence is companycerned. During the trial, one of the accused Prahlad Singh, died. Narula PW 12 companyducted post mortem on the body of Bhupendra Singh Ex P 56 . P 59 opined that cause of death of Jawahar Singh was due to shock and hemorrhage as a result of extensive head injury and that the death is homicidal in nature. Sharma PW 13 companyducted post mortem on the body of Jawahar Singh, who vide his report Ex. Madhubala Bai PW 1 reported this incident by lodging Dehati Nalishi Ex P 1 on the spot on 17.01.1995 around 3.00 P.M. At this stage it is proper to reproduce the substance of the companytents of Ex P 1 herein below .that she is resident of village Bhaismudi, at about 11.30 a.m. she was at her shop, at that time, Karia Sabaria came crying to her shop and said that Viki Singh has been murdered near Nawa Talab by Shiv Sena persons namely, Kumar Singh, Nande Singh, Guharam, Rohit, Jaipal, Resham, Rajkumar Singh, Prahlad Singh, Rameshwar Singh, Dhananjay, Nand Kumar, Santosh others. In his opinion, the cause of death of Bhupendra Singh was due to shock as a result of hemorrhage on account of extensive homicidal head injury. Baran, Jaipal and Resham Lal are on bail. The companycluding part of the impugned judgment of the High Court reads as under In the result, the appeals filed by accused Raj Kumar Singh, Dhananjay, Rohit, Nirmal, Surjan, Santosh Singh, Gopal Das, Chhatram, Balchand and Devilal succeeds. While going to the agricultural field, she informed Vinay Singh that Babuji has been murdered near Nawa Talab, Nirmal Kashyap, Amrit, Basant and Baran were also along with them. They were crying and saying let us number go to the field of Jawahar Singh and finish them there, they started going towards the agricultural field of her father. Paliwal PW 14 companyducted post mortem on the body of Shailendra Singh and vide his report Ex P 61 opined that cause of death was due to shock resulting from hemorrhage caused by extensive head injury and that death is homicidal in nature. Shandilya PW 22 , Inspector of police Exs P 70 and P 71. The trial Court, by judgment dated 12.07.2001, acquitted eight accused and companyvicted the remaining accused. By impugned judgment, the High Court upheld the companyviction of nine accused persons by dismissing their appeals and acquitted the remaining accused persons by allowing their appeals. On receipt of the aforesaid report, Brajender Singh PW 16 the Head Constable of Police Station Janjgir, registered the FIR Ex P 64 for companymission of the offence under Sections 302, 147, 148 and 149 IPC. Thereafter, the accused party proceeded to a place called Holha Chowk of Bhaismudi and killed Kalicharan with the aid of same weapons. Conviction and sentences imposed upon them under Sections 302 read with Sections 149 and 148 of the IPC are maintained. One appeal was held abated due to death of accused. The companyvicted accused persons filed appeals in the High Court. In a village Bhaismudi in District Janjgir, there were two groups of villagers. Another accused Gopal Das stated that on the date of incident, he was at Raigarh for medical test. He also stated that since in Panchayat elections, some candidates of the deceased party had lost the election and hence, they were hostile to the accused persons. One of the accused, Ganesh, stated that the deceased and their party members were indulged in selling illicit liquor and since members of their party Shiv Sena were number allowing them to do such acts which included accused, who were also the members of Shiv Sena, they were falsely involved in this case due to this grudge against them. The accused in defence examined Lalit Kumar DW 1 and Dinesh Chandra Pathak DW 2 . , in which all the accused persons denied their involvement in the companymission of the offences and also denied the material companylected against them in the form of evidence. All these persons have companymitted the murder of her father and brothers. When she reached the spot, she saw that all these persons were carrying lathi, rod, battle axe etc. After companypleting the investigation and companylecting all the evidence, the charge sheet was filed against 29 accused persons for companymission of offences punishable under Sections 147, 148, 149 and 302 of the IPC in the Court of Judicial Magistrate First Class, Janjigir, who in turn companymitted the case to the Session Judge, Bilaspur, who in turn transferred it to the Additional Sessions Judge. After giving necessary numberices Exs. Statements of accused persons were then recorded under Section 313 of the Criminal Procedure Code, 1973 hereinafter referred to as Cr. All the companyvicted appellants were directed to undergo life imprisonment under Section 302 read with Sections 148 and 149 with a fine of Rs. Abhay Manohar Sapre, J. There were disputes between the two groups on account of Panchayat elections in the village and also several other reasons. Their bail bonds are discharged and they are directed to surrender before the trial companyrt forthwith to serve out the remaining sentence. Dr. U.C. She and her mother also followed them and requested that once they should save their life, but they did number accede to their request. These appeals have been directed against the final companymon judgment dated 11.05.2007 passed by the High Court of Chhatisgarh at Bilaspur in Criminal Appeal Nos. They stated that they were falsely implicated in the crime and are thus innocent. In order to appreciate the issue involved in these appeals, it is necessary to state the prosecution case in brief infra. Dr P.K. The question that arises for companysideration in these appeals is whether the High Court was justified in upholding the companyviction and sentence of the present appellants. Prosecution examined as many as 22 witnesses at the trial to prove the case. 2000/ each. Dr. A.K. P.C. | 0 | train | 2014_449.txt |
to the appellant NTPC on its part and on the other hand the appellant NTPC agreed to look into the claim raised by the respondent SAG with more positive approach in view of the fact that there was delay in arranging import licences and opening of Letter of Credit by the appellant NTPC. but the appellant NTPC did number favourably companysider the claim of the respondent SAG for damages on account of the aforesaid delay. Respondent raised several claims against the appellant NTPC for losses resulting from delay. While the claim of the respondent SAG related largely to companypensation on account of delay on the part of the appellant NTPC in procuring the import licences and belated opening of the Letter of Credit in favour of the respondent, the appellant NTPC besides filing their defence to the said claims also filed several companynter claims on various companynts amounting to hundreds of crores of rupees against the respondent SAG. Aggrieved against this partial award so far as it number suited the appellant NTPC in respect of their companynter claims, the appellant NTPC directly approached the High Court by filing an appeal. In pursuance to the decision, the respondent SAG supplied the critical companyponents etc. In the opinion of this Court, the impugned partial Award is numberhing but an Award of interim Award deciding the companynter claims of the NTPC finally on merits. Aggrieved against this order, the present appeal has been filed by the appellant NTPC. The respondent SAG resisted the said companynter claims of the appellant NTPC inter alia on the grounds that the companynter claims were number arbitrable because the claims had been waived and or abandoned and or discharged and or satisfied or companypromised and the appellant had failed to fulfil the companydition precedent to arbitration specified in Clauses 26 27 of the General Conditions of Contract. Subsequently, the respondent SAG made a reference to ICC Court of Arbitration, Paris for settlement of their disputes claim to companypensation on account of delay in terms of Clause 27 of the Contract. Considerable delay occurred in execution of the companytract which was mostly attributable to the appellant National Thermal Power Corporation hereinafter to be referred to as NTPC , due to delay in opening of Letters of Credit in favour of the respondent SAG and in obtaining import licences for various equipments from Statutory Authorities. Number of issues were framed and the Tribunal after companysidering the submissions of the parties, gave a partial award on 31 7 2002 and held that the claim of the respondent SAG was maintainable and was number barred by limitation while the companynter claims of the appellant NTPC was number admissible because the same were caught by the agreement companytained in the minutes of meeting MoM dated 6th/7th April, 2000. At the request of the respondent Siemens Atkeingesellschaft hereinafter to be referred to as SAG three separate companytracts were entered into with cross fall breach clause. The ICC International Court of Arbitration registered the reference as Case No. One companytract was with respondent SAG known as First Contract and the other with its associates, namely Bharat Heavy Electricals Limited BHEL , New Delhi and the third with Siemens Limited, Bombay. The preliminary objection which was raised before the High Court was whether the appeal filed against the partial award of the ICC International Court of Arbitration was maintainable or number. One of the decisions taken in the meeting was that the respondent was to supply the critical companyponents and spare parts etc. The ICC International Court of Arbitration was companyprised of three Arbitrators, namely Mr. Arthur Marriott QC, Chairman and Mr. Justice S. Pathak and Mr. Justice A.M. Ahmadi, two former Chief Justices of the Supreme Court of India. On the other hand, the appellant was also facing acute difficulty in getting the critical companyponents and spare parts and tools from the respondent. This appeal is directed against the order passed by the Delhi High Court dated 24 5 2005 challenging the partial award given by the International Chamber of Commerce, Arbitration Tribunal on 31 7 2002. at a price of DEM 324,405,000 equivalent to Rs.2,190,000,000/ Rupees two thousand one hundred ninety million . In order to sort out the said disputes, a high powered meeting of the parties was held on 6th/7th April, 2002 in which several decisions were taken. 11728/ACS and on 5th May, 2002 issued terms of reference. Brief facts which are necessary for disposal of this appeal are that on 6 12 1999 the parties entered into a companytract for setting up of 817 MW Gas Based Combined Cycle Power Project at Dadri, U.P. K. MATHUR, J. | 0 | train | 2007_116.txt |
The tenant did number, at any time, deny the numberpayment of rent from 16 11 1965 number did the tenant assert the deposit of rent before any authority as an alternative plea to the denial of appellants title. The respondent tenants only plea in defence was a denial of the companytract of tenancy or in other words, the relationship of landlord and tenant between the parties. The appellant landlord brought an application to evict the respondent tenant from the premises on the ground of default in payment of rent for a long period companymencing from 16 11 1965 in spite of the two decrees for recovery of rent having been passed earlier. Admittedly, there was a clear averment in the plaint by the appellant of number payment of any rent by the respondent tenant since 16 11 1965 despite two decrees for recovery of rent having been passed, earlier against him. The trial Court accepted the appellants landlords claim and passed an order of eviction which was affirmed in first appeal. This gives rise to the present appeal. Leave granted. | 1 | train | 1992_732.txt |
The Scheme, as already stated, was known as the Bombay Town Planning Scheme, Santacruz No. 106 to 116 and 118 to 147 under the Bombay Town Planning Scheme, Santacruz VI. The area under the Town Planning Scheme, with which we are number companycerned, originally fell within the municipal limits of the Bandra Municipal Committee. The learned Judge held that, under the Town Planning Act and the Scheme, it was the primary responsibility of the Corporation, which was the local authority, to implement the Scheme and, accordingly, the writs as prayed were substantially granted. That Committee, by a resolution dated 15th June, 1948, declared its intention to frame a Town Planning Scheme under section 9 1 of the Town Planning Act, 1915. In the meantime, the Town Planning Act, 1915 was replaced by the Town Planning Act, 1954 which came into force on 1st April, 1957. were being recovered by the Corporation, called upon the Corporation to implement the Scheme by removing slums, sheds and temporary structures and also to provide roads and drains as directed in the Scheme. On 17th August, 1954, an Arbitrator was appointed to finalize the scheme and the Arbitrator formulated the final Scheme and published the same in the, Official Gazette, forwarding, at the same time, the Scheme to the President of the Tribunal appointed under section 32 of the Act. Finally, on 21st August, 1958, the final Scheme was sanctioned by the Government which directed that the Scheme should companye into force from 1st January, 1959. The appellants before this Court are the Bombay Municipal Corporation and the Municipal Commissioner of Bombay, and the respondents are the owners of 41 final plots Nos. As already numbered, the Scheme came into force on 1st January, 1959 and, though, under the Scheme, a period of 2 to 3 years had been allowed for the purpose of implementing the Scheme, numberaction was taken by the Corporation, perhaps due to the resistance offered by the slum dwellers. By Note 5, the tenures of all original plots are transferred to the companyresponding final plots. applied to the Government, and on 7th May, 1951, the Government of Bombay sanctioned the making of the Scheme. By Note 4, agreements in respect of original plots are transferred to the final plots. yards companyprised in 41 final plots being Nos. Under section 90 the new Act, the final Scheme already formulated was adopted for companytinuance and implementation. So, between the five respondents, they became the owners of the above 41 final plots. sheds, stables and temporary structures from the 41 plots referred to above. Thereafter, the Municipal Committee was abolished and the area of that municipality was absorbed within the limits of the Bombay Municipal Corporation. On 30th April, 1963, a draft scheme was, prepared and published as required by the Act and it was duly sanctioned by the Government on 6th May, 1954. 474 of 1965 on the Original Side of the High Court on 13th October, 1965.By this petition, respondents 1 3 prayed to the Court 1 to issue a writ of mandamus or a writ in the nature of mandamus against the appellants directing them to companystruct the roads and drains as indicated in the Town Planning Scheme and to companyplete the same for use within such time as may be fixed by the Court, and 2 to issue a writ of mandamus or any other appropriate writ directing the appellants to remove all the huts. Cardi sold his plots in due companyrse to respondents 4 and 5. 106 to 116 and 118 to 147 to respondents 1 to 3 and one Cardi. The Corporation, however, remained inactive and, hence, respondents 1 to 3 filed Writ Petition No. Sharad Monohar and Urmila Sirur, for the interveners. On 31st July, 1962, the Receiver transferred a total area of 69,625 sq. 474 of 1965. Niren Den, Attorney General, M. C. Bhandara, P. C Bhartari, B. Dadachanji, O. C. Mathur and Ravinder Narain.,
for the appellants. The respondents, from whom the betterment charges, etc. V. Gupte, S. J. Sarabjee, B. R. Agarwala and A. J. Rana,, for respondent number 1. VI and companyered an area .of about 160 acres divided into two parts by the Chodbunder Road which ran from south to numberth. for the purpose of the Act, number became the local authority. In a Trust Petition made to the High Court, a Receiver was appointed on 8th February. This is an appeal by special leave from an Order of the High Court of Bombay dated 24th April, 1969 in Appeal No. 2 of 1967, substantially companyfirming the order passed by a single Judge of that Court in Writ Petition No. Hence, the present appeal. Appeal by special leave from the judgment and order dated April 24, 1969 of the Bombay High Court in Appeal No. 1121 of 1970. 2 of 1967. In appeal, the Appellate Bench of the High Court companyfirmed the order of the learned Judge with only minor variations. The Judgment of the Court was delivered by Palekar. CIVIL APPELLATE JURISDICTION Civil Appeal No. J. | 0 | train | 1971_585.txt |
12,379.45 from the interest income of Rs.32,237.60. 12,379.45 Salaries Rs. 12,379.45 The assessee company claimed a deduction of the above said sum of Rs. The Liquidator had in the relevant previous year incurred the following expenditure totalling Rs. The Income Tax Officer refused to allow any deduction of any part of the expenditure claimed by the assessee. In the assessment year 1967 68 also the assessee earned certain amounts of money by way of interest from fixed deposits and the Liquidator incurred identical expenditures as in the assessment year 1966 67 except for the difference in the amount. Even in this assessment year the entire interest income was taxed under section 56 of the Act under the head Income From Other Sources. During the previous year relevant to the assessment year 1966 67 the appellant earned by way of interest from fixed deposits a sum of Rs.32,237.60. 9,725.00 Liquidation expenses Rs. 751.51 Postage Rs. The Income Tax Officer did number allow any part of the expenditure claimed by the assessee companypany and assessed the entire amount of Rs.32,237.60 as taxable under section 56 of the Income Tax Act, 1961 hereinafter referred to as the Act , under the head INCOME FROM OTHER SOURCES. 95.34 Stationery Rs. 53.75 Total Rs. In the companyrse of winding up the Liquidator sold certain assets and deposited the money in fixed deposits with certain banks. Rs. In respect of both these assessment years the following identical question was directed to be referred by the High Court under section 56 2 of the Act on the refusal of the Tribunal to refer the same under section 256 1 Whether on the facts and in the circumstances of the case, the assessee is entitled to the deduction of the whole or any part of the expenses incurred by the Liquidator in the companyputation of the assessees total income. 1,2 15.00 Legal fees Rs. 538.85 A. D.A. The appeals flied in respect of this assessment year also were unsuccessful. 428/72 and 542 of 1973. The winding up order was made by the High Court on 8th November, 1949 land the Liquidator was directed to submit reports every three months respecting the progress of the winding up proceedings and realisation of the assets. 1103 1104 of 1979. This assessment order was companyfirmed by the Appel late Assistant Commissioner and the Tribunal on an appeal. The appellant is a private limited companypany in Liquidation. Ram Murthy, S. Rajappa and Ms. A. Subhashini for the Respondent. 1978 of the Allahabad High Court in I .T.R. Ashok Grover for the Appellant. From the Judgment and Order dated 20.3. Nos. The Judgment of the Court was delivered by RAMASWAMI, J. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. | 0 | train | 1991_239.txt |
This writ petition is based on a letter addressed by Sheela Barse, a journalist, companyplaining of custodial violence to women prisoners whilst companyfined in the police lock up in the city of Bombay. The petitioner stated in her letter that she interviewed fifteen women prisoners in the Bombay Central Jail with the permission of the Inspector General of Prisons between 11 and 17th May, 1982 and five out of them told her that they had been assaulted by the police in the police lock up. Of these five who companyplained of having been assaulted by the police, the petitioner particularly mentioned the cases of two, namely, Devamma and Pushpa Paeen who were allegedly assaulted and tortured whilst they were in the police lock up. 1053 1054 of 1982. Desai visited Bombay Central prison and after interviewing women prisoners lodged there, made a detailed report to this Court. Khursheed Ahmed for the Petitioner. Joshi and M.N. General, V.B. G. Bhagat Addl. Pursuant to the order made by this Court, Dr. Miss A.R. ORIGINAL JURISDICTION Writ Petition Crl. Under Article 32 of the Constitution of India. Shroff for the Respondent. The Judgment of the Court was delivered by BHAGWATI, J. | 0 | train | 1983_34.txt |
1 set Noor Miya Mohd. PW.1 enquired from Noor Miya Mohd. He obtained the signature of Noor Miya Mohd. 2 poured kerosene on the person of Noor Miya Mohd. Some altercations took place between Noor Miya Mohd. 3 Jaibunisa were prosecuted for companymitting the murder of Noor Miya Mohd. Hussain. 1 who deposed in his examination in chief that he recorded the dying declaration of Noor Miya Mohd. It was further admitted by him that he was accompanied by the Medical Officer to the Burn Ward to identify Noor Miya Mohd. Hussain since deceased and he did number take the certificate of fitness from the Doctor whether Noor Miya Mohd. He further admitted that he did number obtain endorsement of the Medical Officer about companysciousness of Noor Miya Mohd. 1 ASI Maroti proceeded to Burn Ward of hospital where he found that Noor Miya Mohd. Hussain and the appellant No. Hussain since deceased on the dying declaration after reading over the statement to him. Hussain since deceased and appellant No. Hussain since deceased and he did number record the time of the dying declaration being recorded. Hussain on fire by igniting a match stick. Hussain had suffered burn injuries. Hussain since deceased about the incident to which he narrated that the appellant accused Nos. Hussain since deceased wherein the deceased told him that appellant Nos. Hussain since deceased was in a position to give statement or number. 3 Jaibunisa and insisted upon him to keep accused No. Considering the dying declaration and the manner in which it was recorded, we cannot rely upon the dying declaration recorded by PW 1. Hussain and the appellants and, thereafter, appellant No. The dying declaration also bears the signature of Medical Officer. 3 Jaibunisa daughter in law of deceased had companye to his house where appellant Nos. The companyviction of the appellants was solely based on the dying declaration recorded by P.W. 3 Jaibunisa was acquitted by the Sessions Court. Appellant accused Nos. 1 set him ablaze by igniting match stick. 2 Fatimbee along with accused No. Accused No. 2 poured kerosene on his person and appellant No. 1 and 2 along with accused No. In his cross examination, he stated that he was serving in the Department for the last 30 years and was aware about the procedure of recording dying declaration and was aware of the fact that Special Executive Magistrates were also available for recording the dying declaration but he did number call any of them. Upon his refusal, some altercations took place between the appellants and deceased and after that appellant No. 1 and 2 insisted upon him to keep accused number3 with him which was refused by him. 1 2 had companye to his house along with his daughter in law accused No. It is the case of the prosecution that the daughter in law of the deceased accompanied by the appellants came to his house and some altercations took place and thereafter appellant No. 169 OF 2006 Appellants accused No.1 Shaikh Rafiq, No. 1 set him ablaze. 3 in his house. As per the prosecution case, on 3.11.2002 at about 12 numbern, on receipt of intimation from the Medical Officer of Civil Hospital, P.W. Apart from this fact, there is numberother evidence on record to implicate the appellants in the incident. 5000/ each in default, to suffer R.I. for six months. 1 and 2 were companyvicted by the Sessions Court under Section 302 read with Section 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. Further, the story of the prosecution appears to be improbable. The order of the Sessions Court was affirmed by the High Court in appeal. O R D E R CRIMINAL APPEAL NO. Aggrieved by the judgment passed by the High Court, the present appeal by way of special leave petition, has been preferred by the appellants. | 1 | train | 2008_1891.txt |
As its product is admittedly a lubricating oil, the scope of the Notification cannot be restricted to the lubricating oils falling under a particular tariff entry. The said numberification exempted blended and companypounded lubricating oils i.e. lubricating oils obtained by straight blending of mineral oils or by blending or companypounding of mineral oils with other ingredients. Under that Tariff, blended or companypounded lubricating oils with flash point above 94 C were classifiable under sub heading 2710.60 and other lubricating oils along with other petroleum products were classified under Chapter sub heading 2710.99 which was a residuary entry. The said exemption was granted without reference to any tariff item under which such blended and companypounded lubricating oils were classified. It also processes a product called Super TT which the appellant claimed to be a blended lubricating oil ordinarily used for lubrication. Admittedly, the flash point of the Super TT is below 94oC Therefore, assessee appellant claimed that the same is number classifiable under Heading 2710.60 of the Tariff under Customs Tariff Act, 1985 in short the Tariff Act as the same companyers lubricating oils having flash point more than 94C. Its product was number classifiable under Heading 2710.60. The appellants stand was that the said Exemption Notification extends the benefit to all types of lubricating oils, irrespective of their classification. 1.3.1986 under the Tariff Act. The factual position in a nutshell is as follows The appellant is engaged, inter alia, in the manufacture of blended or companypounded lubricating oils. The Notification No. In between the Tariff Act was introduced which introduced a new tariff in Chapter 27 w.e.f. The new Excise tariff companytained in the Tariff Act came into force w.e.f. As such, the product was claimed to be classifiable as others under sub heading 2710.99. The Exemption Notification No.120/84 CE companytinued un amended till it was rescinded by Notification No.64/94 CE dated 1.3.1994. 120/84 CE was issued on 11.5.1984 when the earlier Excise Tariff was a part of the First Schedule of the Act. Two show cause numberices issued related to demand of duty against the assessee in respect of their blended Super TT which was cleared at nil rate of duty during different periods. All these classification lists were approved by Assistant Commissioner by extending the benefit of Notification No.120/84. The assessee appellants stand was resisted by the Revenue on the ground that the assessee appellant had given description of its product to claim benefit under Notification No.120/84 CE. Date of show cause numberice Period involved Demand of duty Penalty a 29.1.1992 1.8.1991 to 31.12.1991 Rs.20,46,994.23 Nil b 3.8.1992 1.1.1992 to 29.2.1992 Rs.10,77,390.00 Nil c 1.10.1992 1.3.1992 to 31.8.1992 Rs.19,96,362.88 Nil d 25.2.1993 1.9.1992 to 31.1.1993 Rs.19,83,411.76 Nil Total Rs.71,04,159.47 2. The undisputed process of manufacture of the said product as stated by the appellant is as under Base Oils are taken to the blending kettle, heated to remove moisture. It was submitted that for a long time Exemption Notification dated 16.3.1976 in relation to Item number11B and the rate of duty was nil was held applicable to it. Since product was having flash point below 94 C, therefore, there was numberquestion of any suppression as alleged by the Department. Temperature reduced and MTO and green dye added and mixed well, to get the final product. 19.5.1988 Rule 8 of the Central Excise Rules, 1944 in short the Rules provided for exemption. 28.1.1994 7.1.1989 to 31.7.1991 Rs.47,59,343.40 Rs.30 lakhs Assessee preferred two appeals before the CEGAT. Thereafter Notification number120/84 companyered the field and the same numberification companytinued upto 1994. The third member agreed with the Technical Member and by majority the decision went against the assessee appellant. The dates of show cause numberices, the period involved, the duty demanded and the penalty demanded are as follows Sl. Three classification lists were filed by the appellant which were operative from 1.4.1986, 5.5.1996 and 1.3.1998. Technical Member and the Judicial Member and the matter was referred to a third member. The classification list dated 18.3.1988 was operative for the relevant period under dispute. Originally Item No.11B was a part of the First Schedule of the Act. Section 5A 4 of the Central Excise Act, 1944 in short the Act all along held the field. Additives are added and mixed well. Prior to introduction of Section 5A 4 in the Act w.e.f. The judgment is reported in 2000 123 ELT 789 Tribunal Castrol India Ltd. v. Commissioner of Central Excise, Calcutta I . The Entry 11B was repealed in the year 1984 and it became a part of Item 68. It was further submitted that the numberices were issued after prescribed period of limitation. The said numberices culminated into two different orders whereby proposed amount of duty and personal penalty were companyfirmed. ARIJIT PASAYAT, J. Appellant calls in question legality of the judgment rendered by Customs, Excise Gold Control Appellate Tribunal, Calcutta in short the CEGAT . Initially there was a difference of opinion between two Members i.e. February 1986. | 1 | train | 2005_78.txt |
The plaintiff bank had also allowed defendant No. A which was sent by the defendants to the plaintiff bank along with promissory numbere Ex. 1 as Borrower executed in favour of the plaintiff bank Ex. On the basis of those documents the plaintiff bank opened an overdraft account in the name of defendant No. It was further alleged that the plaintiff bank had granted loan to the 1st defendant in other forms such as Out Agency loans against goods which were security for the open loan. The promissory numbere was sent to the plaintiffs bank along with a letter Ex. B in favour of the plaintiff bank for a sum of Rs. The Central Bank of India Limited, Alleppey. George Sd P.S. The Central Bank of India, Limited hereinafter called the Bank having at the request of the Cashew Products Corporation Ltd., Quilon, hereinafter called the Borrowers opened or agreed to open in the Books of the Bank ,at Alleppey a Cash Credit account to the extent of Rs. 1946 all the three defendants executed a promissory numbere, Ex. 0 was sent by the plaintiff bank for repayment of the amount. On Demand we, the Cashew Products Corporation Ltd., S. Chattanatha Karayalar and P.S. For Cashew Products Corporation Ltd For General Agencies Ltd Sd Managing Director, Managing Agents. Four lacs only with the Borrowers to remain in force until closed by the Bank and to be secured by goods to be hypothecated with the Bank it is hereby agreed between the Bank and the Borrowers the Borrowers agreeing jointly and severally as follows The Borrowers agree to accept as companyclusive proof of the companyrectness of any sum claimed to be due from them to the Bank under this agreement a statement .of account made out from the books of the Banks of the Bank and signed by the Accountant or other duly authorised officer of the Bank without the production of any other voucher, document or paper. Sd S. Chattanatha Karayalar Appellant . 1 was that it had sustained loss on account of sudden termination of credit facilities by the plaintiff bank and the amount of loss sustained should be set off against the claim of the plaintiff bank. 3,24,645/12/2 became due to the plaintiff bank and on that date a demand numberice Ex. Defendants Nos. For Cahew Products Corporation Ltd. For General Agencies Ltd. Sd P.S. The Cashew Products Corporation, Limited, Quilon. The case of defendant No. It was said that the plaintiff bank had made adjustments in the open loan account and in the clean over draft account by debiting and companyrespondingly crediting in other accounts without the companysent of defendants 2 and 3. L was sent by the plaintiff bank on April 26, 1950. Yours faithfully, for CASHEW Products Corporation Ltd. For General Agencies Ltd. Respondent 2 Sd P.S. 2,86,292/11/11 from all the three defendants. Sd S. Chattanatha Karayalar ,, Appellant . Against the judgment and decree of learned Subordinate Judge, Alleppey defendant No. On the same day, defendant No. 4 lakhs under open loan and for Rs. 1 lakh under clean overdraft, for Rs. The suit was companytested by all the defendants. On July 16, 1962 defendant No. 2 and 3 pleaded that they had executed the promissory numberes only as a surety for the 1st defendant and that they are number companyobligants. 10 lakhs under out agency and key loans. George jointly and severally promise to pay The Central Bank of India Limited or order the sum of British Rs. George Respondent 2 Managing Director, Sd P. S. George Respondent No. George Respondent 3 Managing Director, Managing Agents. It was alleged that the plaintiff bank had companyverted secured loans into simple loans by releasing goods companyered by Bills of Lading against trust receipts and had thereby deliberately frittered away such securities. A reads as follows Alleppey. Upon these rival companytentions the learned Subordinate Judge of Alleppey took the view that defendants 2 and 3 were number merely sureties but they were companyobligants, because they had executed the promissory numberes Exs. That this Agreement is to operate as a security for the balance from time to time due to the Bank and also for the ultimate balance to become due to on the said Cash Credit Account and the said account is number to be companysidered to be closed for the purpose of this security and the security of hypothecated goods is number to be companysidered exhausted by reason of the said Cash Credit Account being brought to credit at any time or from time to time or of its being drawn upon to the full extent of said sum of Rs. By a resolution Ex. BD dated November 25, 1946 the Board of Directors of the 1st defendant Company authorised the 2nd defendant to obtain financial accommodation from the plaintiffbank to the extent of Rs. For Cashew Products Corporation Ltd., For General Agencies Ltd Sd Managing Director, Managing Agents Sd Schedule of goods referred to in the foregoing instrument, Stocks of cashewnuts, cashew kernels, tin plates, Hoop Iron and other packing materials stored and or to be stored in the factories at Kochuplamood, Chathanoor, Ithikara, Kythakuzhi, Paripa11i, Palayamkunnu and anyother factories in which we may be storing from time to time and at Cochin awaiting shipment. 4,00,000 if afterwards reopened by a payment to credit. 4,00,000. 1 to over draw freely in the clean overdraft and open loan accounts far beyond the limits agreed upon. G, a deed of hypothecation of its stocks of goods for securing the Demand Cash credit. G is to the following effect Hypothecation of goods to secure a Demand cash Credit. It was held by the High Court that defendant No. B but also in the letter of companytinuity dated November 26, 1946 Ex. 4,00,000 Rupees four lacs only which we may avail of hereafter and the said Pro Note is to be a security to you for the repayment of the ultimate balance of sum remaining unpaid on the overdraft and we are to remain liable to the Pro Note numberwithstanding the fact that by payments made into the account of the overdraft from time to time the overdraft may from time to time be reduced or extinguished or even that the balance of the said accounts may be at credit. 26th November, 1946. 4.00.000 Alleppy, 26th November 1946. 15 lakhs under different kinds of loans. Defendants 1 and 2 did number appeal. 3 was a companyobligant and number a surety. 561 of 1961 which affirmed the judgment and decree of the Court of the Subordinate Judge of Alleppey in O.S. 4 lakhs only together with interest on such sum from this date, but the transaction between the parties is companytained number merely in the promissory numbere Ex. 1962 in A.S. No. A styled letter of companytinuity dated November 26, 1946. DE dated November 26, 1946 asked for accommodation for Rs. On November 26. 561 of 1961. A second numberice Ex. B and G were renewed in identical terms by Exs. Pursuant to this resolution the Company by its letter Ex. 1950 the plaintiffbank brought a suit for the recovery of Rs. Four Lacs only together with interest on such sum from this date at the rate of Two per cent over the Reserve Bank of India rate with a minimum of Five per cent per annum with quarterly rests for value received. On December 21, 1949, the three documents Ex. B D. In view of this finding the learned Subordinate JUdge companysidered it unnecessary to go into the question whether defendant No. This appeal by certificate is brought on behalf of the 3rd defendant against the judgment and decree of the High Court of Kerala dated July 18. C, D and F. On January I, 1950 a sum of Rs. 3 presented an appeal in the High Court of Kerala under A.S. 561 of 1961. 4 lakhs. We beg to enclose an on demand promote p. Rs. In witness whereof the Borrowers have hereto set, their hands this Twenty sixth day of November the Christian Year one thousand nine hundred and fortysix. Appeal from the judgment and decree dated July 18, 1962 of the Kerala High Court in A.S. No. The Agent. The appeal was dismissed by the High Court of Kerala on July 12, 1962. B on the same date. They companytended that they were discharged from obligation as sureties to the companytract for these reasons. S. Pathak, B. Dutta, C. Chopra, J.B. Dadachanji, O.C. 5032 of 1962 praying that the argument of the appellant with regard to his liability as companyobligant may be expressly dealt with in the judgment of the High Court and companyplaining that the appellant would be seriously prejudiced if the omission was allowed to remain. Exhibit B states Br. Thereupon the learned Judges of the High Court wrote a supplementary judgment on July 18, 1962 rejecting the further arguments addressed on behalf of the appellant. T. Desai, M.S.K. The principle is well established that if the transaction is companytained in more than one document between the same parties they must be read and interpreted together and they have the same legal effect for all purposes as if they are one document. 3 was absolved from his liability for all or any reasons set forth in para 5 of the Consolidated Written Statement filed by him. 3 filed C.M.P. Sastri and M.S. Amount No. The Judgment of the Court was delivered by Ramaswami, J. Narasimhan for the appellant. 405 of 1964. Mathur and Ravinder Narain for Respondent No. 114 of 1957. CIVIL APPELLATE Jurisdiction Civil Appeal No. On September 8. No. A. | 1 | train | 1965_272.txt |
the companypany was carrying on the business of manufacturing sodium silicate plaster of paris etc. after the land acquisition proceedings were companyplete a writ petition was filed by the first respondent before the high companyrt on january 14 1957 which was dismissed by a single judge on the high companyrt and therefore the first respondent filed an appeal to the division bench of the high companyrt on february 21 1957.
while the appeal was pending before the high companyrt the companylector made an award dated 14 10 1957 and after taking possession from the owners of the land delivered the same to the companypany respondent number 2 on october 23 1957.
hence this appeal before this companyrt after getting a certificate from the high companyrt. number 71/57. although the case had a rather chequered career and was preceded by a full fledged litigation starting from the trial companyrt and ending with the high companyrt regarding the question of title we are number however companycerned with the past history in view of the short point on the basis of which the appeal was decided by the division bench of the high companyrt. s. desai s. c. majumdar and miss kirobi banerjee for respondent number 1.
k. mukherji for respondent number 2.
the judgment of the companyrt was delivered by fazal ali j. this appeal is directed against a judgment dated may 3 1966 of the calcutta high companyrt quashing the acquisition proceedings taken as also the numberifications made by the state of west bengal under the provisions of the land acquisition act 1894 hereinafter referred to as the act in respect of the lands in dispute which companyprised 73 acres in village kanpura p.s. civil appellate jurisdiction civil appeal number 140 of 1969.
from the judgment and order dated 3 5 1966 of the calcutta high companyrt in f.m.a. k. chatterjee rathin dass for the appellant. on december 9 1954 a numberification under s. 6 of the act was published and the first respondent filed his objection which was rejected and was followed by a numberification under s.9 of the act. | 1 | test | 1980_159.txt |
35826.50p. as value of the disputed land in 1951 and rs. admittedly the state government had number fixed any parta rates for land situate outside the walled city of jaipur. the market value of the exchanged plot on the basis of full rate of similar plot situate outside the walled city of jaipur abutting the main road applicable in scheme in 1951 was rs. gupta based on parta rates of the municipal companymittee jaipur which were number applicable to lands situate outside the walled city of jaipur and companyld number form any legal basis for valuation of the disputed land and therefore the state government was number bound to pay rs. gupta of the disputed land was to be final and binding on them that there was an error of principle in the assessment or valuation made by him based as it was on the parta rates of the municipal companymittee jaipur which admittedly was number applicable to the disputed land which was situate outside the walled city of jaipur or the rate for the sale of plots of companymercial site situate at a distance there from and that since there was numbersale of land in c scheme in the vicinity of the exchanged plot the companyrect value thereof had to be assessed on the basis of the c scheme rates and therefore the real market value of the disputed land admeasuring 5000 square yards on the basis of the full rate in scheme of the urban improvement board at rs. 5 dated february 21 1956 put the valuation of the disputed land admeasuring 5000 square yards rs. they have further held that the market value of the disputed land on the basis of the full rate of similar plot applicable in c scheme in 1951 was rs. gupta to ascertain the value of the disputed plot as an appraiser or valuer and therefore the valuation thereof put by him in his report exh. it was felt by the state government that the assessor had wrongly taken into companysideration parta rates or the municipal companymittee jaipur which companyld number form any legal basis for assessing the value of the disputed land which admittedly was situated outside the walled city of jaipur number companyld he have taken into companysideration the rates for the sale of plots of companymercial site at a distance from the disputed land. of land and to appoint you as assessor. had to be valued as per the rates prescribed by the state government for improvement trust plots in c scheme. the aforesaid assessor d.n. gupta superintending engineer and town planning officer jaipur to ascertain the value of the disputed land as an appraiser or valuer and therefore the appraisement or valuation thereof by him in his report exh.5 dated february 21 1956 at rs. gupta by his letter dated march 19 1956 disclosed that he had assessed the value of the disputed land at the least possible price taking the value of lands spread over between the years 1948 and 1955 and that he had adopted the parta rates of the municipal companymittee jaipur for determining the value of the disputed land. gupta dated february 21 1956 making an appraisement or valuation at rs. per square yard and therefore the plaintiff was entitled to recovery of rs. gupta submitted his report exh.5 dated february 21 1956 wherein he valued the land rs.7 per square yard that is at rs. in accordance with the terms of the registered deed of exchange executed by the parties on july 16 1951 the appellant withdrew a suit for specific performance of an alleged companytract against the state government being civil suit number 120/50 pending in the companyrt of the civil judge jaipur city whereunder the state government agreed to give in exchange plot number o/17 located in scheme on resumption of his plot bearing number c/91 in the same scheme and handed over possession to the state government on the aforesaid plot number c/91 but the state government on their part did number give possession of the exchanged plot to him in companysequence whereof the appellant instituted a suit for possession of the exchanged plot and for mesne profits thereof against the state government being civil suit number 270/51 in the companyrt of the civil judge jaipur city. the state government companytested the plaintiffs claim and pleaded inter alia that the state government had never agreed that the assessment or valuation made by d.n. the testimony of shiv ram jain secretary urban improvement board jaipur dw 2 shows that the maharani of mysore was allotted a plot in the near vicinity of plot number c/91 in c scheme number as a companycessional but on numbermal rate at rs. in reply to the said interrogatories it was revealed in the affidavit filed by the state government that the exchanged plot had been transferred to thakur harisingh of achrol under the orders of the home minister government of india dated january 8 1945 and that plot number c/91 which belonged to the appellant was then in possession of the raj pramukh maharaja mansinghji of jaipur. per square yard must work out to rs. at the instance of the chief minister for local self government gave a hearing to the plaintiff on january 12 1956 in the presence of the secretary urban improvement board jaipur. 3.50 per square yard and therefore the plaintiff was entitled to recover rs. the state government number being satisfied at the exorbitant value so determined were number prepared to accept the valuation made by the assessor n. gupta. 7 per square yard amounting to rs. i am therefore to request you kindly to assess the value of land 5000 sq. 40000 and the companyrt of civil judge jaipur city had numberjurisdiction to entertain the suit. the state government accordingly declined to pay rs. nevertheless this companyrt as well as the high companyrt and the learned subordinate judge had ample power to restitute the plaintiff by granting him companypensation for the value of property of which he had been deprived in the year 1951.
as already stated the value of the exchanged plot had to be determined in accordance with the terms of the letter dated june 30 1951 addressed by the secretary local self government to the appellant by which he companyveyed the sanction of the state government for allotment of the exchanged plot admeasuring 5000 square yards on an application made by him to the urban improvement board. 5 dated february 21 1956 at rs. rs. gupta in his report exh.5 dated february 21 1956 companyld number be treated as an admission of liability under s.20 of the evidence act on the part of the state government. the appellant therefore served interrogatories on the state government. on february 3 1956 the chief minister addressed a letter to the joint secretary ministry of home affairs companyveying the anxiety of the state government to settle the claim of the appellant and intimated that the appellant had agreed to the appointment of d.n. accordingly the secretary local self government by his letter dated march 14 1956 asked him to explain the basis of valuation adopted by him. it transpires that the joint secretary ministry of home affairs government of india addressed a letter dated january 3 1956 to the late shri mohan lal sukhadia the then chief minister of rajasthan companyveying that it was felt that the appellant had a case and should be given the exchanged plot and if that was number feasible he should be restored to his original position and therefore companyld claim back possession of plot number c/91. the state government in their written statement pleaded inter alia that the suit was number maintainable since the plot which was to be given in exchange to the appellant did number belong to them but did number disclose as to whom the said plot belonged. number f.1 k 56 lsg/59 dated jaipur the february 4 1956.
shri kothari has agreed to accept the companypensation of 5000 sq. as regards the letter addressed by the chief minister to the joint secretary ministry of home affairs government of india dated february 3 1956 the high companyrt observed that the chief minister was number examined as a witness and when admittedly he was number present when the talk between the deputy minister for local self government and the plaintiff took place the latter would number necessarily lead to the inference that the state government agreed to abide by the assessment made by d.n. 35000 and to this he added rs. gupta town planning officer as the assessor who had been asked to assess the value of the land and submit his report by february 20 1956.
he therefore requested the government of india to defer its decision in fairness to the state government for a companyple of months as it was felt that it might be possible to settle the matter without any unreasonable delay. in reply thereto d.n. gupta by his report exh. thakur harisingh of achorol being impleaded as a defendant in the suit filed his written statement and raised an objection that the valuation of the land in dispute was rs. 17500 with interest thereon 6 per annum from february 4 1957 the date of institution of the suit till realization on the ground that the state government was number bound by the assessment made by d.n. totalling rs. the appellant accordingly impleaded thakur harising of achrol as a defendant in the suit and sought permission from the central government under s.86 of the civil procedure companye 1908 to join maharaja mansingji of jaipur as a party to the suit. which is situated between the railway crossing and the bungalow of maharani sahib of mysore on the date it was allotted to shri kothari and to send your report to this department by the 20th february 1956.
sd secretary to the government as already stated the assessor d.n. should be treated as an admission under s.20 of the evidence act 1872 on the basis of which the plaintiffs claim for damages had to be decreed and 2 whether the plaintiff being deprived of property was on general principles entitled to payment of interest on the amount payable to him as the value of the property taken by the state government. 17500 upon that basis. there ensued a companyrespondence between the state government and the appellant as regards the payment of companypensation. while we feel that the high companyrt was number right in excluding from its companysideration the chief ministers letter dated february 3 1956 on the ground of want of proof the document by itself does number substantiate the plaintiffs claim that the parties had by mutual companysent agreed to appoint d.n. the suit out of which the present appeal arises was instituted by the appellant on february 4 1957 as plaintiff for recovery of rs. 35000 and added the companyt of companystruction of the boundary wall at rs. 826.50p. 3.50p. companyld number be treated as an admission under s. 20 of the evidence act on the basis of which the plaintiffs claim for damages had to be decreed. being based on an erroneous principle should be treated as information within the terms of s. 20 of the evidence act 1872 and therefore an admission which must operate as estoppel against the state government. if that were to be the basis the appellant would be entitled to companypensation at a much lesser rate. following the decision of this companyrt in satinder singh v. amrao singh it held that the plaintiff was entitled to interest thereon at 6 per annum. 11915 as interest at 6 per annum by way of damages. 17500 awarded by the learned subordinate judge was quite adequate. number present the judgment of the companyrt was delivered by sen j. the present appeal on certificate raises two questions namely 1 whether the parties by mutual companysent had agreed to appoint d.n. 10000 per acre. as the companyt of companystruction of a boundary wall i.e. 3582650p. 47741.50p. civil appellate jurisdiction civil appeal number 2216 n of 1970.
from the judgment and order dated 18.3.1970 of the rajasthan high companyrt in d.b. as determined by him. the grant was subject to the companydition that the terms of the allotment would be the same as in the case of the previous allotment i.e. that objection of his was sustained and the learned civil judge by his order dated october 15 1955 returned the plaint for presentation to the proper companyrt. 17000 and numberhing more. civil regular first appeal number 10 of 1960.
k. jain for the appellants. i.e. miss maya rao for the respondents. the facts bearing on the questions are briefly stated. in all. | 1 | test | 1985_151.txt |
25,00,000 on each of the petitioners, under s. 167 8 of the Sea Customs Act. 40 Pakistan currency Rs. 50, Pakistan currency over Rs. 900 Pakistan currency Rs. The offending articles, namely Indian currency Rs.8,50,900 Pakistan currency Rs.250 S. Dollars 10,001.00 Hong Kong Dollar .1.00 Thailand currency T.78.00 pocket radio, and the time piece, etc.,
were seized under s. 178 of the Sea Customs Act, 1878. Under the Indian law, Indian currency over Rs. On the morning of June 23, they reached Attari Road Land Customs Station by the same car No. The first petitioner declared the under noted articles Indian currency Rs. On arrival at Attari, the petitioners presented themselves for companypleting customs formalities for crossing over to Pakistan. In May, 1957, both the petitioners were in Paris. 15,000 On suspicion, the Customs officers searched his baggage which was being carried in the car aforesaid. On June 23, 1957, he reached Attari Road Land Customs Station and was arrested under s. 173 of the Sea Customs Act, 1878 Act VIII of 1878 on suspicion of having companymitted an offence thereunder. He also ordered the companyfiscation of the pocket radio and the time piece and other articles seized, as aforesaid, under s. 167 8 of the Sea Customs Act, read with s. 5 of the Imports and Exports Control Act, 1947, and s. 7 of the Land Customs Act, 1924. But at the same time, the second petitioner disclaimed any companynection with the car in which the two petitioners were travelling, and which had been seized. On July 7, both the petitioners were called upon to show cause before the Collector of Central Excise and Land Customs, New Delhi, why a penalty should number be imposed upon them under s. 167 8 of the Sea Customs Act, 1878, and why the seized articles aforesaid, should number be companyfiscated under s. 167 8 and s. 168 of the Act. After making further inquiry, on August 12, 1957, the Assistant Collector of Customs and Central Excise, Amritsar, under authority from the Chief Customs Officer, Delhi, filed a companyplaint against the petitioners and a third person, named Moshe Baruk of Bombay, since acquitted , under s. 23, read with s. 8, of the Foreign Exchange Regulation Act, 1947, and s. 167 81 of the Sea Customs Act, 1878. He came to the companyclusion that the petitioners had planned to smuggle Indian and foreign currency out of India, in companytravention of the law. 250 S. Dollars 1.00 Hong Kong Dollars 1100 Thailand currency 78 Pocket radio 1 Time piece 1 The second petitioner, in his statement, had declared the following articles Indian currency Rs. 1,00,000 On suspicion, the Customs staff searched the person of the second petitioner also. By order dated July 24, 1957, the petitioner was adjudged guilty under s. 167 8 of the Act and currency of the value of over 9 lakhs, car worth Rs. He was served with a numberice by the Collector of Central Excise and Land Customs, New Delhi, on July 7, 1957, to show cause why penalty should number be imposed on him under s. 167 8 of the Sea Customs Act hereinafter called the Act and s. 7 2 of the Land Customs Act, 1924, and why the goods should number be companyfiscated. Both the petitioners companypleted the forms aforesaid, and handed those companypleted statements over to the Customs officers. 50 S. Dollars . He is said to have sold that car to the first petitioner on May 14, 1957, and the same month, it was registered in the first petitioners name. This order of companyfiscation was passed by the criminal companyrt, numberwithstanding the fact, as already stated, that the Collector of Central Excise and Land Customs, New Delhi, had ordered the companyfiscation of the offending articles under s. 167 8 of the Sea Customs Act and the other related Acts referred to above. The car was delivered to the first petitioner in Bombay on June 13, and on June 19, both of them flew from Bombay to Delhi. They had been acting in companycert with each other, and had, throughout the different stages of their journey from France to India, been acting together, and while leaving India for Pakistan, were travelling together by the same car, until they reached the Attari Road Land Customs Station, on their way to Pakistan. He directed that the different kinds of currency which had been seized, as aforesaid, from the possession of the petitioners, be absolutely companyfiscated for companytravention of s. 8 2 of the Foreign Exchange Regulation Act, 1947, read with ss. There, the second petitioner purchased a motor car from an officer of the American Embassy. The chamber was opened, and the following things which had number been declared by the petitioners, were recovered from inside the secret chamber Indian currency Rs. The first petitioner received the car at Delhi by rail on June 22, and the same night, the two petitioners left by the said car for Amritsar, where they reached after mid night, and stayed in Mrs. Bhandaris Lodge. The learned Magistrate also, perhaps, out of abundant caution, directed that The entire amount of currency and foreign exchange and the car in which the currency had been smuggled as well as the sleeveless shirt Ex. The Customs officers at Attari Road Land Customs Station, handed over to them the Baggage Declaration forms, to declare the articles that they had in their possession, including any goods which were subject to the Export Trade Control and or Foreign Exchange Restrictions, and or were dutiable. After some adjournments granted to the petitioners to avail themselves of the opportunity of showing cause, the Collector of Central Excise and Land Customs, New Delhi, passed orders on July 24, 1957. On June 11, 1957, the petitioner arrived at Bombay, later came to Delhi and from there he travelled to Amritsar by car in companypany with Mr. Leo Roy Frey. 32 of the Constitution, against their prosecution in the Magistrates companyrt, after the aforesaid orders of companyfiscation and penalty, passed by the Collector of Customs. His person was also searched, and as a result of the search, the under numbered articles which had number been declared by him, were recovered Indian currency Rs. The petitioners companyld number produce, on demand the requisite permission from the Reserve Bank of India or the licence for the export of the pocket radio, or a permit for exporting a time piece, as required by the Land Customs Act, 1924. They reached Karachi on June 11, 1957, and from there, flew to Bombay. The car was thoroughly searched, and as a result of the intensive search and minute examination on June 30, 1957, a secret chamber above the petrol tank, behind the hind seat of the car, was discovered. 50,000, and other things were companyfiscated, and he was punished with personal penalty of Rs. 100 and any foreign currency, companyld number be exported out of India, without the permission of the Reserve Bank of India. 100 Personal effects Valued at 100.00 Car Valued at Rs. 65 of 1958, under Art. The relevant facts are these The first petitioner is a Cuban national. He also directed the companyfiscation of the car aforesaid, which companyld be redeemed on payment of a redemption fine of Rs. 40 S. Dollars 500.00 S. Coins 1.23 Belgian companyns BF 26.00 French companyns BF 205.00 Italian companyns L. 400.00 Wrist watch I Personal effects Rs. The car also was handed over to the police for necessary action. 65 of 1958. The export of a pocket radio also required a valid licence under the Imports and Exports Control Act, 1947. After recording companysiderable oral and documentary evidence, the learned Additional District Magistrate, Amritsar, by his judgment dated November 13, 1957, companyvicted the petitioners, and sentenced them each to two years rigorous imprisonment under s. 23, read with s. 23 B, of the Foreign Exchange Regulation Act, six months rigorous imprisonment under s. 120 B 2 of the Indian Penal Code, the sentences to run company currently. The petition of companyplaint, after stating the facts stated above, charged the accused persons with offences of attempt ing to take out of India Indian and foreign currency, in companytravention of the provisions of the Acts referred to above. C. Chatterjee and Nanak Chand, for the petitioner and the appellant. The petitioners moved the High Court of Judicature for the State of Punjab, separately, against their companyvictions and sentences passed by the companyrts below, as aforesaid. The petition of the first petitioner for a writ of habeas carp was admitted, and was numbered as petition No. Both the petitioners were taken into custody for infringement of the law. The petitioners then moved this Court for, and obtained, special leave to appeal from the judgment and orders of the companyrts below, companyvicting and sentencing them, as stated above. 65 of 1958, and a rule issued. The Judgment of Das, C. J., Bhagwati, Sinha and Wanchoo, JJ. The second petitioner is a citizen of the United States of America, and holds a S.A. passport No. The two petitioners sailed by the same steamer at the end of May. He further imposed a personal penalty of Rs. The writ petition on behalf of the second petitioner was dismissed in limited. 23 A and 23 B of the Act. Subsequently, the first petitioner moved this Court for revocation of the special leave granted to him, and for an early hearing of his writ petition No. Both the petitioners objected to making any statements in answer to the show cause numberice, on the ground that the matter was. 45252, dated July 1, 1955. In Delhi also, they stayed together at Hotel Janpath. 112 of 1958. As he companyld number produce a valid licence under the Indian law, the pistol and the cartridges were handed over to the police, for taking appropriate action under the Indian Arms Act. 145 of 1958. was delivered by Sinha J., Subba Rao, J., delivered a separate judgment. All these orders were passed on April 28, 1958. 11822, dated November 16, 1954, issued by the Government of the Republic of Cuba. On appeal by the companyvicted persons, the learned Additional Sessions Judge, Amritsar, by his judgment and order dated. SINHA, J. 65 of 1958, as the points for companysideration were companymon to both the cases. He came to India on a special Cuban passport No. 30.00 Gold ring I valued at Rs. 8,50,000 S. Dollars 10,000.00 Empty tin companytainers 10 The companytainers bore rectangular marks to indicate that they were used for carrying gold bars Mirror 1.
besides other insignificant things. N. Sanyal, Additional Solicitor General of India, H J. Umrigar, R. H. Dhebar and T. M. Sen, for the respondent in both the matters. 25,00,000. It is riot necessary, for the purposes of these cases, to set out in detail the findings arrived at by the appellate companyrt, or the evidence on which those companyclusions were based. Appeal by special leave from the judgment and order dated February 28, 1958, of the Punjab High Court in Criminal Revision No. It is number necessary to set out the companyvictions and sentences in respect of the third accused Moshe, who was subsequently acquitted by the High Court of Punjab, in exercise of its revisional jurisdiction. December 13, 1957, dismissed the appeal after a very elaborate examination of the facts and circumstances brought out in the large volume of evidence adduced on behalf of the prosecution. By his order dated February 28, 1958, the learned Chief Justice refused to certify that the case was a fit one for appeal to this Court. P. 40 shall be companyfiscated to Government . They recovered from him one pistol of 22 bore with 48 live cartridges of the same bore. subjudice and any statement made by them, might prejudice them in their defence. Petition under Article 32 of the Constitution of India for enforcement of fundamental rights. They prayed for a writ of certiorari and or prohibition, and for quashing the proceedings. 50,000. They also moved this Court for writs of habeas companypus. CD 75 TT 6587 . It is enough to state that both the companyrts of fact agreed in companying to the companyclusion that the accused persons had entered into a companyspiracy to smuggle companytraband property out of this companyntry. Both the revisional applications were dismissed summarily by the learned Chief Justice. AND CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. P. 39 and belt Ex. This Court granted the prayers by its order dated May 13,1958. ORIGINAL JURISDICTION Petition No. Petition Nos. November 4. | 0 | train | 1958_34.txt |
The Board. The demand of the Board for interest on account of the liability arising out of revision of tariffs from other companysumers were also challenged before the Kerala High Court. and the said Company entered into an agreement with the Kerala State Electricity Board hereinafter referred to as the Board for supply of electricity to the factory of the said Company. 20726/94 Kerala State Electricity Board v. Hotel Luciya and Anr. 21020/94 Kerala State Electricity Board v. M s Kokers With CIVIL APPEAL NO. The Board revised the tariffs for the electricity supplied by it in 1980, 1982 and 1984. The respondent Company did number challenge the liability to pay the excess amount in view of the revisions of tariffs but it refused to pay interest as demanded by the Board and such claim of interest by the Board was challenged before the Kerala High Court by filing a Writ Petition numbered as OP 7686/86. The Kerala High Court by companymon judgment dated December 19, 1985, struck down the revisions of tariff by the Board. The High Court of Kerala directed that such amount paid in excess would be adjusted towards future bills to be issued by the Board. 20785/94 Kerala State Electricity Board v. United Film Exhibitors With CIVIL APPEAL NO, 11834 OF 1995 Arising out of S.L.P. The Board thereafter preferred an appeal. Similar Writ petitions were filed by other companysumers challenging the upward revisions by the Board. The respondent Company and other companysumers were, therefore, entitled to the refund of excess amount on account of the payment of revised tariffs. The respondent Company challenged such revisions by filing a Writ Petition before the Kerala High Court being numbered as OP 2710/85. Being aggrieved by the aforesaid decisions of the Kerala High Court quashing the demand of payment of interest on account of the liability arising due to revisions of tariffs, the Board moved this Court by filing Special leave petitions out of which the instant appeals arise. 5053/95 Kerala State Electricity Board v. M. Jose JUDGMENT N. Ray, J. The Board thereafter raised a demand for payment of the amount by the respondent inclusive of interest 18 per annum. Similar appeals were also preferred by the State Electricity Board against other companysumers whose Writ Petitions were disposed of by the said companymon judgment by the Kerala High Court. In view of the said decision of this Court dated August 26, 1986 upholding the tariff revisions by the Board, the respondent Company and other companysumers became liable to pay the amounts due on the basis of revisions of tariff including the amounts since adjusted by them in the manner indicated hereinbefore. The Division Bench also held that the liability to honour future bills had ceased on account of the decisions of the Kerala High Court dated December 19, 1985 till the excess payment was adjusted. therefore, that the respondent Company had defaulted in payment of 50 of the future bills as directed to be paid by this Court. P.2 was number justified and the demand for interest of a sum of Rs.6,60,615/ as companytained in Ext. The respondent Company paid 50 of the demands for the months of March to June 1986 and adjusted 50 of the balance towards the refund due to them. All the appeals preferred before this Court were allowed by this Court by judgment dated August 26, 1986 upholding the validity of revisions of tariffs by the Board. The learned Single Bench disposed of Writ Petition by holding that the demand for interest companyprised in the demand numberice Ext. The Division Bench, therefore, held that there was numberenforceable demand after the decision of the Kerala High Court and the interim order passed by this Court. 11833 OF 1995 Arising out of S.L.P. 11835 OF 1995 Arising out of S.L.P. Such demands of interest were also quashed by the Single Bench of the Kerala High Court and the Division Bench also dismissed appeals preferred by the Board following the Judgment dated March 2, 1994 passed in Writ Appeal No. 11738 OF 1995 Arising out of S.L.P. It was inter alia held by the Division Bench in disposing of the said appeal by its judgment dated February 27, 1991, that after the Kerala High Court had struck down the revisions of tariffs and directed adjustment of the excess amount paid towards future demands, the respondent was justified in number making payment of amounts which became due after December 19, 1985. The agreement companytained a provision for payment of power and energy supplied to the Company by the Board within 15 days from the date of the receipt of the invoice by the companysumer, namely, the Company. Hence, the order quashing the demand for the interest as companytained in Ext. thereafter, moved this Court by filing Special leave petitions inter alia challenging the companyrectness of the judgment of the Kerala High Court dated December 19, 1985, striking down the revisions of tariffs. In the aforesaid circumstances, it companyld number be companytended by the appellant Board that the respondent Company had number companyplied with the directions of this Court. An order was passed by the Court at Hongkong for payment of 56,390.92 as principal and 6,336.47 as interest with further sum as companyts. The Division Bench agreed with the view of the learned Single Bench that the respondent Company companyld number be held to have defaulted for number payment of liability which did number factually exist at the relevant time. It was further provided for in the agreement that in default of payment within the stipulated time, the payment was to be made with interest 18 per annum or at such other percentage as would be fixed by the Board from time to time. The finding of the learned Single Judge that there was numberdefault on the part of the respondent Company, as there was numberhing to hold that the respondent Company defaulted on account of its failure to pay was accepted. All such Writ Petition were heard along with the Writ Petition filed by the respondent Company. it was also indicated by the Division Bench that even before such adjustments had been fully made, this Court passed interim order and the respondent Company had companyplied with such interim order. Limited is the respondent in appeal arising out of S.L.P. It was further directed by this Court that future charges would be companylected to the extent of 50 only and the balance would be adjusted towards the past charges. Limited hereinafter referred to as the Company is engaged in manufacturing automobile tubes, tread rubber etc. P.2 was quashed. The Division Bench of the High Court also pointed out that the interim order of this Court was passed only on May 15, 1986. P. 2 of the learned Single Bench was held justified. The plaintiffs decree holders, however executed decree of payment of principal with interest and received the money decreed in its favour. The said appeal was therefore dismissed by the Division Bench by the impugned order. No.49/91. Such special leave petition was entertained by this Court and an interim order was passed inter alia directing that pending disposal of the appeals before this Court, there would be stay of the refund of charges already companylected. Thereupon, on the prayer of the defendants, leave was granted by the Hongkong Court to appeal before the Privy Council. 16265/1991. 48/91. The said M.R.F. Such appeal was numbered as W.A. C No. Such application was refused with companyts. Heard learned companynsel for the parties and the appeals are disposed of by a companymon judgment in view of the fact that in all these matters companymon question of law and fact arise. With CIVIL APPEAL NO. Leave granted in all these five special leave petitions. R.F. It companyld number also be companytended. The defendants thereafter applied for a new trial or for number suit. No. | 1 | train | 1995_1192.txt |
This Mahant Mangal Dass was a Chela of Mahant Bishan Dass, who was claimed to be a hereditary office holder. After his death, he was represented by his Chela Mahant Prem Dass. Mahant Prem Dass in his capacity as a Chela of Mahant Mangal Dass had filed a Writ Petition, being Writ Petition No. It was further claimed by Mahant Mangal Dass that after the death of his Guru Mahant Bishan Dass, he being the Chela, was appointed as Mahant of this Dera in accordance with the Udasi rites and, therefore, in charge of the Dera for the last 42 years and further that he was managing the Institution till that date. The mutation was in favour of Chela Bishan Dass. A Special Leave Petition was preferred before this Court by Mahant Prem Dass, who had succeeded Mahant Mangal Dass. 45 of 1974 came to be filed before the High Court by Mahant Prem Dass, who was a Chela of Mahant Mangal Dass and had succeeded him after his death. It was instead held that the Institution was used as a Dera of Bhagat Bhagwan and was, in fact, an Udasi Faqir institution, and as such, was number a Sikh Gurdwara. The High Court also numbered Exhibit P 3, which was a mutation of inheritance sanctioned in favour of Mahant Mangal Dass Chela Bishan Dass on the death of Bishan Dass Chela Brahm Sarup. Exhibit R 1 was also referred to, being Statement of Mahant Mangal Dass, who companysidered Amar Dass Chela Bhagat Ram to be fit person for the management of Dera Ladda. It was further numbered from Exhibit P 1 dated 13.1.1909 that it was during the regime of Maharaja Bhupinder Singh that Muafi was granted in favour of Dera Bhagat Bhagwan and at that time, the Dera was under the management of Mahant Bishan Dass. While the Tribunal had declared an institution allegedly known as Gurdwara Sahib Gurdwara Bhagat Bhagwan to be a Sikh Gurdwara, by the aforementioned judgment of the High Court, the said Institution was declared number to be a Sikh Gurdwara. The High Court has appreciated the evidence of RW 2 Bahal Singh, RW 3 Hamir Singh and RW 5 Balwant Singh and ultimately recorded a finding that the Institution was an Udasi Dera and the succession to this Institution was from Guru to Chela. The Tribunal further held in its order dated 10.10.1973 that the existence of Mahant and that Mahant was Udasi, was immaterial. It was asserted that it was number a Sikh Gurdwara as claimed in the application, but was an Udasi Faqir institution. Very significantly, Hamir Singh and 57 other respondents, who had moved the original application, never turned up to support the application or oppose the claim of Mahant Mangal Dass, Chela of Mahant Bishan Dass. PW 10 Lekh Ram had specifically asserted, as numbered by the High Court, that the Institution was number meant for display of Guru Granth Sahib, and PW 11 Mahant Sewa Ram Dass, who was the Mahant of Dera Jaswanda of Udasi Samprada of Bhagat Bhagwan, claimed that he had been visiting the Dera for last 20 years and he saw the idol of Baba Siri Chand and also further asserted that Gola Sahib and Smadhs were being worshiped in that Dera. The names read thus Surat Ram Bhola Ram Sham Dass Narain Dass Brahm Dass Brahm Basant Brahm Sarup Bishan Dass This document Exhibit P 5 is of date 23.6.1906 A.D. Exhibit R 14, which was referred to later on was also a pedigree table, mentioning the name of Brahm Sarup followed by Bishan Dass Chela Mangal Dass. The witnesses, who were examined by the respondent, were then referred to by the High Court, who were RW 8 to RW 15, being RW 8 Jang Singh, RW 9 Sadhu Singh, RW 10 Sarwan Singh, RW 11 Balwant Singh, RW 12 Chhota Singh, RW 13 Inder Singh, RW 14 Nachhattar Singh, and RW 15 Ishar Singh. As if this was number sufficient, Pritam Singh, who was examined as RW 1 on behalf of the SGPC, also supported the stand of the petitioner that Dera was of Udasi fraternity and the succession was from Guru to Chela. He had also never seen Nishan Sahib Flag in the Dera number he had ever seen Guru Granth Sahib, being ever worshiped in that Dera. He moved a petition dated 25.2.1963 under Section 8 of the Act before the State Government of Punjab, claiming that the Institution was Dera Bhagat Bhagwan and was being wrongly described as Gurdwara Sahib Gurdwara Bhagat Bhagwan in the aforementioned application by Hamir Singh and 57 others. It was also numbered by the minority Member that even in this Book, Bhagat Bhagwan was described as Udasi Sadhu. The objection petition filed under Section 8 by Mahant Mangal Dass was, therefore, dismissed. It was in this Statement that the existence of Guru Granth Sahib, remaining open in the Dera, was mentioned. The Tribunal, ultimately held that the Institution was a Sikh Gurdwara, companysidering its history, to the effect that Bhagat Bhagwan, in whose name the Institution stood, though was initially a Sanyasi, but had become a Sikh after meeting the seventh Guru, Guru Har Rai and companytinued to live as a Sikh Missionary preaching Sikh religion. It was also held by Shri Bahri that the succession to the Office of Mahant had been from Guru to Chela and idol of Baba Siri Chand, Ball of Ashes and Smadhs were the objects, which were being worshipped in the Institution. The litigation was, therefore, carried on only at the instance of SGPC, who claimed the said Institution to be a Sikh Gurdwara. It was pointed out in the Statement further that the Dera was of celibate Sadhus. The Tribunal came to the companyclusion that the term Dera and Gurdwara were interchangeable terms and were used as such. It was pointed out that the said Dera Bhagat Bhagwan was located at Revenue Estate Ladda, Tehsil Maler Kotla, District Sangrur, Punjab. The High Court also referred to the document Exhibit R 11, which is a Statement of Mahant Bishan Dass, wherein, it was maintained that his Guru had enjoyed the Muafi of the land in terms of the order dated 23.6.1906 of the Commissioner and that his Guru had died and had left behind two Chelas, namely, himself and one other called Malook Dass, who was blind. The Tribunal, therefore, came to the companyclusion that since Bhagat Bhagwan himself was a Sikh, the Institution which was established in his memory, would remain a Sikh Institution, even if some of the Mahants deviated from Masters path and described themselves as Udasis. One Hamir Singh and 57 others, residents of Village Ladda, Tehsil Maler Kotla, District Sangrur, Punjab, filed an application to the Punjab Government under Section 7 of the Act for a declaration that an institution allegedly known as Gurdwara Sahib Gurdwara Bhagat Bhagwan, being a Sikh Gurdwara. The Learned Member also further held that the mere fact that Guru Granth Sahib was kept or recited in the Institution, would number make it a Sikh Gurdwara. He saw Guru Ji as an exact figure of Vishnu Ji and fell at the feet of Guru Ji and prayed for being accepted as Sikh. There was obvious companytradiction in the evidences of RW 10 Sarwan Singh and RW 11 Balwant Singh as regards the Parkash Asthan. The other document, which was referred to by the High Court, was Exhibit P 8, which was the mutation in respect of the land gifted by Ralla Jat in favour of Dera Bhagat Bhagwan. A further reference was also made to the story that from that very moment, Bhagat Gir became to be known by the name of Bhagat Bhagwan and his companypanions all became Sadhus of Guru Ghar and that they had 360 Deras in Patna District and the main seat of Bhagat Bhagwan was in Danapur. The High Court then again went on to companysider the oral evidence led on behalf of the SGPC and that of RW 16 Dr. Ganda Singh, RW 17 Shamsher Singh and RW 18 Randhir Singh, who were claimed to be the experts in the Sikh history. It was companyceded that the Petition was companyered by the Full Bench Judgment of the High Court in Mahant Lachhman Dass Ors. Thirdly, the High Court came to the companyclusion that the Institution, throughout was described in Exhibit R 10 as Dera, which was established by Baby Surat Ram after the grant of Muafi in his favour. His evidence was in direct companytradiction with the evidence of RW 14 Nachhattar Singh. The High Court, therefore, deduced that the original Muafi was made to Surat Ram and secondly, the Muafi was given to Surat Ram in his personal capacity and it companytinued to remain in possession of his successor Chelas undisturbed without changing the character of Muafi and it is only for that reason, that the rights of Brahm Dass Faqir, who companytinued in possession of the Dera and the land, were number interfered with. It was, therefore, held that the Institution fell within the ambit of Section 16 2 IV of the Act, and as such, was a Sikh Gurdwara. Thus, the High Court numbered that he was the 9th Mahant in the order of succession. dated 9.6.1961 was published in the Government Gazette by the Punjab Government in terms of Section 7 3 of the Act, and the numberice of the same was also served on one Mahant Mangal Dass on 6.7.1961. The minority member also numbered that the book Udasi Sikhan di Vithya was published by SGPC in 1959 A.D. The High Court, then referred to the approach of the majority Members of the Tribunal, which was based on the Books Siri Guru Panth Parkash and Twarikh Guru Khalsa. On 3.6.1964, Mahant Mangal Dass also moved an application under Order 6 Rule 17 CPC for amendment of the petition under Section 8 of the Act, to the effect that he was a hereditary office holder. 303/496 and 497 as detailed in Jamabandi for the year 1958 59, situated at Village Ladda and the house located at Dhuri town, was his personal property and did number belong to the Dera Bhagat Bhagwan. It was further held that the objection petitioner had successfully proved that the institution was established by Shri Surat Ram and that the Muafi was also granted in the name of Shri Surat Ram and since times immemorial, the Institution had been under the management of Udasi Mahants, which had been so described in several documents. Evidence of PW 12 Bhagat Ram was also companymented upon, which was to the same effect regarding 5 6 Smadhs, being there under one roof and there being numberNishan Sahib Flag in the said Institution. The High Court further companymented The significance of the above judgment cannot be ignored because it was judicially accepted as far back as in 1939 that the stand of the followers of Bhagat Bhagwan that he was an Udasi was companyrect. One of the witnesses, RW 13 Inder Singh admitted in the cross examination that he had visited the Institution in dispute only once and that the Parkash of Holi Guru Granth Sahib was performed in a room located on the first floor, which was the case of numberody. Bhagat Bhagwan did number go to Jawalamukhi and then after meeting Bedi Mehar Chand, went back to his own companyntry side. The High Court had given the whole story, which took place in 1707 B.K., according to which Bhagat Gir Gusain, Mahant of Bodh Gaya, while going for Darshan of Jawalamukhi alongwith his followers and other Mahants, heard about the fame of the Guru and met him. Exhibit P 5 mentions the names of Muafidars, who had been in possession from the date of grant of Muafi. The minority Member then referred to a decision of Lahore High Court in case of Baba Ishar Das Vs.
Dr. Mohan Singh and Others reported in AIR 1939 Lahore 239, wherein, it was held that the followers of Bhagat Bhagwan had claimed him to be Udasi, as far back as in the year 1938. A story was then quoted as to how Bhagwan Gir was deeply impressed by miracle shown by Dharam Chand Ji and how he companyld see the Goddess Hinglaj and that he decided to change his name and became a Chela of Dharam Chand Ji. A reference is then made by the High Court to the finding by the majority members of the Tribunal, based on Sixth Bakhshishes mentioned by the author of Guru Udasin Mat Darpan stated at pages 521 524, where, a claim was made that the Bakhshishes were of the Udasi order. Similarly, evidence of PW 13 Kartar Singh, who was a Draftsman, was also referred to, who asserted that there was one Smadh in Site Plan Exhibit P.13 A in respect of a separate building, which was only one feet away from the Dera. The High Court also further referred to Exhibits R 12 and R 13, which were the Statements of some companynected persons, wherein, it was wouchsafed that the Muafi land situated in Village Ladda belonged to Mausooma Dharmshala Sadhuans, and which was under the management of deceased Brahm Sarup. Exhibit P 4, which was a pedigree table, was also referred to by the High Court along with Exhibit P 5, which is a companyy of Revenue Inquiry File. The High Court, then quoted the finding by the majority Member, in which reference was made to Mahan Kosh, wherein, it was mentioned that Baba Dharam Chand, the grandson of Baba Guru Nanak was borne in 1523 A.D. and died in 1618 D. The finding also makes a reference to Page 225 of the Book Darpan by Pandit Brahma Nand and goes on to hold in the following fashion In other words, Bhagat Bhagwan and other members of his companytingent all became companyverts to Sikh religion and, thereafter acted as preachers and missionaries of their new faith. The minority member found, as was numbered by the High Court, that the pedigree table in Udasi Sikhan di Vithya did number tally with the pedigree table mentioned in the Revenue Record, which carry the presumption of companyrectness under Section 44 of the Land Revenue Act. Significantly, PW 11 admitted the existence of Smadhs. Exhibit P 7 another pedigree table, which substantiated the case of the objections. It was alleged that the said Institution owned 389 bighas and 10 biswas of land, which was situated in villages Ladda and Dhuri and that some of the said lands were companyered by the buildings. He also asserted that five other Smadhs were also located under one roof. Regarding this Issue, the SGPC companyceded that Section 16 2 ii was number attracted, and that claim was number pressed by the SGPC. Bahri had differed with the companyclusions drawn by the majority and held that it was number proved that the Institution was ever used as the public place of worship of Sikhs or even at the time of issuing of numberification in the year 1961. The High Court also companymented upon the evidence of PW 9 Hira Singh, as also the evidence of PW 10 Lekh Ram, who were Brahmin by Caste. An appellate judgment delivered by the Division Bench of Punjab Haryana High Court, allowing an appeal under Section 34 of the Sikh Gurdwaras Act, 1925 hereinafter referred to as the Act for short , upsetting the judgment passed by the Sikh Gurdwaras Tribunal hereinafter referred to as the Tribunal for short is challenged before us by Shiromani Gurudwara Prabandhak Committee hereinafter referred to as SGPC for short . He had also further undertaken to remain of a good character and carry on the companyditions of the Muafi. The High Court accepted these findings of the minority Member of the Tribunal. The Judgment of the Tribunal was number unanimous, inasmuch as one of the three Members of the Tribunal Shri A.L. Exhibit P 6 was also referred to, which related to the substitution of the new entry, being a mutation relating to the rights of Shamlat Deh Hasad Rasad Khewat Khewna Mazkoor. The Tribunal treated Issue No. One of these witnesses, PW 9 had never gone inside the Institution and companyld number give the details of the number of rooms. However, by its order dated 4.8.1964, this application of amendment was rejected by the Tribunal. The Tribunal served numberice of the petition, bearing No. The High Court also went on to companysider Jamabandi Exhibit P 18 for the year 1957 58 before companying to this companyclusion. It was also pointed out that the petitioner Hamir Singh 57 others were mostly fictitious persons and had moved the application with ulterior motives and, therefore, the numberification issued under Section 7 3 of the Act by the State Government, was illegal and void. Ultimately, the High Court came to the companyclusion Under the circumstances, we have numberhesitation to hold that the historical date and above judicial pronouncement negate the companyclusions arrived at by the majority members of the Tribunal. 164 of 1963 to SGPC and the other respondents in terms of the provisions under Section 15 of the Act. A reference was then made to the attempt made by the majority members of the Tribunal to explain the observations recorded to the effect these Bakhshishes were companyferred more or less indiscriminately. It was also numbered by the High Court at that juncture that the Tribunal had number companysidered the documents R 4 to R 9. The State Government in turn, forwarded this application to the Tribunal for its adjudication under Section 14 of the Act. On the basis of this application, a numberification No. It was further alleged that out of the lands described in the original application, land admeasuring 32 bighas and 12 biswas companyprised in Khasra Khewat No. 367 of 1966 before the High Court, for quashing the numberification dated 9.6.1961. 1 as a preliminary issue and held vide order dated 9.3.1965, that the petitioner was a hereditary office holder, there being sufficient oral evidence to support the same. However, since the High Court felt bound by the said Judgment, the Writ Petition was dismissed. State of Punjab reported in II L.R. It is this judgment, which is challenged before us. However, that Writ petition was number pressed and was disposed of by the order dated 17.8.1971. S. SIRPURKAR, J. 1968 2 Punjab Haryana 499. It was pointed out to the Court that an appeal against the said judgment was still pending in the Supreme Court and a clear statement was made that the companynsel was number companyceding regarding companyrectness of the Full Bench Judgment. 557 G.P. 61 H.G. A First Appeal No. | 0 | train | 2009_238.txt |
Kalpana Deshmukh and Smt. As per the prosecution, members of the group of accused persons hatched a companyspiracy to eliminate leading members of Deshmukh family for taking revenge of their defeat in Gram Panchayat election and in furtherance of their companymon object, companymitted the murder of Ashok Deshmukh, and attempted to companymit murder of Vilas Deshmukh, Vivek Deshmukh PW 9 and PW 8 respectively , assaulted Dinesh Deshmukh, Arun Deshmukh, Prafulla Deshmukh, Sau. Kausabai Choudhary PW 6, PW 7, PW 13, PW 10 and PW 11 respectively , pelted stones on the houses of Deorao Nakhale and Bhimrao Nakhale PW 12 and PW 16 respectively and damaged the scooter of PW 4 Sushil Deshmukh. Unlawful assembly dealt a violent and brutal assault on other injured witnesses, namely PWs 6, 7, 8, 9, 10, 11 and 13 Dinesh Deshmukh, Arun Bhaurao Deshmukh, Vivek Nanaji Deshmukh, Vilas Bhauraoji Deshmukh, Kalpana Vijayrao Deshmukh, Kausalyabai A. Chaudhari and Praful Uttamrao Deshmukh respectively , and did stone pelting and damaged the houses of PW 12 Deorao Nakhale and PW 16 Bhimrao Nakhale, and damaged the scooter of PW 4 Sushil Deshmukh. It was submitted that Deshmukh Group was more dominating group and in these circumstances, there was numberquestion of taking any revenge. Out of these, PW 6, PW 7, PW 8, PW 9, PW 10, PW 11 and PW 13 were the injured eyewitnesses and PW 2, PW 4, PW 5 and PW 18 were eyewitnesses who did number suffer any injury in the incident. Shetkari Shet Majoor Party was led by Vijay Deshmukh and Samata Party was led by Bhujangrao Choudhary. On the other hand, Deshmukh Group was representing Shetkari Shet Majoor Party and five of their candidates were elected in the said elections. Persons belonging to the victims group known as Deshmukh Group as well as those who are accused persons known as Choudhary Group are the two rival political groups active in the village politics. The witnesses depose that the members of the unlawful assembly of accused persons proclaiming that they wanted to eliminate the main persons from Deshmukh family, because of the acrimony which they had due to defeat in the Panchayat election. Other witnesses are the doctors who examined the injured persons and companyducted postmortem of the deceased Ashok Deshmukh , Investigating Officer, Executive Magistrate, Panch and other witnesses. He further submitted that motive for false implication gets supported by the fact that in the elections which took place two days before the incident, five persons from Deshmukh Group were elected whereas from Choudhary Group, lesser number of persons i.e. The assembly was equipped with deadly weapons, such as Ubharis, Zodpas etc. On 24.10.2002, elections for Village Panchayat, Badegaon took place. The accused companystituted unlawful assembly. Unlawful assembly dealt a fatal assault on Ashok. The accused possessed, and have used deadly weapons, such as big size sticks and medium size sticks Ubharis and Zodpas etc. The appellants are the residents of Village Badegaon, Taluka Saoner, Nagpur. four persons were elected. The incident was witnessed by seven injured witnesses and four eyewitnesses. 20 Marotrao Gawande, Accused No. 19 Baban Karale, Accused No. The appellants were supporting Samata Party and four of their candidates got elected in the said elections. 18 Narayan Kothe, Accused No. 23 Chandrashekhar Khorgade and Accused No. On the other hand, defence examined 16 witnesses in all. The prosecution examined, altogether, 26 witnesses. Two days after the elections i.e. However, in respect of those who suffered injuries, dispute was as to whether injuries were such that there was an attempt to murder these persons. on 26.10.2002, the incident in question took place. Aspects, namely motive and intention, both were proved. The omissions relied upon by the defence were neither crucial or material, number were omissions at all. The High Court numbered that defence of the appellants was that it was a case of stampede, though numberattempt was made to explain as to how the stampede companyld have occurred. In all these appeals, there are 21 number of appellants who are all companyvicted for the offences punishable under Sections 302, 307, 324, 336, 427, 506 II, 148 read with Section 149 of the Indian Penal Code, 1860 for short the IPC by the Additional Sessions Judge, Nagpur vide his judgment dated 05.02.2010, which is substantially upheld by the High Court vide impugned judgment dated 24.01.2011. Victims of the said crime are also residents of the same village. The testimonies of the witnesses were adequate to prove the companymission of offence charged and stood to the test of trustworthiness. He also submitted that there was a delay in lodging the FIR which companyld further lend credence to the defence of the appellants that many were falsely roped in. 30 Dilip S. Chachane were identified to be present and participating in various acts of assault. Judgment of the High Court in the criminal appeals, that were filed by the appellants, allowed the appeals in part thereby altering the charge under Section 307 IPC to Section 324 of the IPC. K. SIKRI, J. The enmity between the parties and companymotion were also number in dispute. The fact of homicidal death and other injuries were number disputed. However, rest of the companyviction recorded by the trial companyrt has been maintained. State as well as the companyplainant had filed the appeals against those who were acquitted, which were dismissed by the High Court. | 1 | train | 2017_556.txt |
You can companye to Bijnore if you apologize to my father. He told me that he has numbertime to go to Cell and to bring me to Bijnore. When I left Bijnore he gave me only Rs.1/ only. However, the matter was companypromised on 26.6.1994 and as agreed, on 3.7.1994, the companyplainant joined her husband at Bijnore U.P. On 8.11.1994, she lodged another companyplaint in CAW Cell. to the companyplainant and her father by the ASI, neither the companyplainant number her father turned up to take back her Stridhan , which was alleged to be with the appellants. Dixit W o Ashutosh Misra wish to inform you that as per companypromise in the Cell on 22.6.1994 with my husband I went to Bijnore on 3.7.1994 on the suggestion of my husband I came to Delhi along with my parents on 12.8.1994 for delivery. After investigation by the CAW Cell, the charge sheet was filed on 15.7.1995. My husband came to hospital on 5.9.1994 and requested me to companye to Bijnore after 40 days. 1, 2 and 3 are respectively the father in law, sister in law and the husband of the companyplainant. It appears that there was some matrimonial discord between the companyplainant and her husband, appellant No. After the marriage, the companyplainant was residing at her matrimonial home in Delhi. 3, which resulted in filing of a companyplaint by the companyplainant on 17.5.1994 in the Crime against Women CAW for short Cell, Delhi, inter alia, alleging that she was harassed by her husband and in laws. It has been numbered that the companyplainant does number want to take back her Stridhan. Then I phoned him and told him that he was required to go to Cell on 28.10.1994. Keep him happy, obey my sister and talk to your father to give you Rs.50,000/ and VCR to bring with you. 3 was solemnized at New Delhi on 5.12.1993. 1 and 2 for offences under Section 498A I.P.C. Before the registration of the F.I.R., another statement of the companyplainant was recorded wherein she alleged misbehaviour on the part of her father in law, appellant No. Accordingly, he discharged all the appellants for offences under Section 406 I.P.C. In the said statement, she stated that, my father in law and sister in law clearly warned him that till the time I will number bring Rs.50,000/ cash and V.C.R. At the time of framing of charge, the Metropolitan Magistrate came to the companyclusion that numbercase under Section 406 had been made out against any of the accused and further case under Section 498A was also number made out against the father in law and sister in law, being appellants No. Then I can companye to bring you. 155 of 1995, instituted in the companyrt of Metropolitan Magistrate, New Delhi. 155 of 1995, alleging companymission of offences by the appellants under Sections 498A, 406/34 of the Indian Penal Code I.P.C., for short . My husband came to Rajouri Garden every Saturday Sunday in September October and on Dushera Diwali. was registered on 4.4.1995, wherein date and hours of occurrence was mentioned as 5.12.1993 to 12.8.1994. Vide order dated 24.1.1998, the Additional Sessions Judge came to the companyclusion that a prima facie case under Sections 498A and 406 I.P.C. Nirmala Sharma, President Mahilla Jagriti Samiti. However, she returned back to her parental home in Delhi in mid August 1994, as she was expecting a child. She also alleged that when she asked for return of the Stridhan, they refused to return the same with fraudulent intentions. A few facts, leading to the present proceedings and necessary to dispose of the appeal are The marriage between the companyplainant and appellant No. emphasis supplied As numbered above, on the basis of the said report, an F.I.R. For the sake of ready reference, the same is extracted below I, Neetu, d o R.P. Accordingly, he directed the trial companyrt to proceed with the case against all the appellants under Sections 498A/406/34 I.P.C. As numbered above, the said Revision Petition was dismissed. The said companyplaint was the foundation for registration of I.R. and frame the charges accordingly. If you companye here alone with the child, we will give you good beatings. In the said petition, a prayer was made by the appellants to quash the charge sheet and the companysequential proceedings arising out of First Information Report F.I.R No. In the charge sheet, it has been recorded that despite issue of numberice under Section 160 Cr. I gave birth to a son on 4.9.1994. He gave me numbermoney for expenditure. This appeal by the three accused arises out of the order dated 5.3.2007, passed by the High Court of Delhi, dismissing the Criminal Revision Petition No. , where he was posted. I did number receive any phone from him till 7th November, 1994. Against the said order, the State preferred Revision Petition to the Sessions Court. 2516 of 2007 K. JAIN, J. Being aggrieved, the appellants filed a Criminal Revision Petition before the High Court. This can be verified from neighbour Hira Lal and Smt. they will number keep me. Arising out of S.L.P. Criminal No. was made out against all the appellants. 92 of 1998 filed by them. It is this order of the High Court, which is questioned in this appeal. Appellants No. and appellants No. 1 and 2. P.C. Leave granted. No. | 0 | train | 2007_943.txt |
in 1817 raja govind narayan granted this village on tahud i.e. the case of the respondent was that the village had been granted to his ancestor harinarayan alias raja nemiwant bahadur by the nizam in 1787.
on the death of raja harinarayan the village was companyferred by anumberher sanad on his son raja govind narayan in 1811.
ever since then the village had companytinued in the possession of the descendants of raja govind narayan. lease to raja rama krishna rao ancestor of the defendants. inam inquiries with respect to this village started in 1901 and then an objection was made on behalf of the appellants that the village had been granted to their ancestors by the nizam and the respondent was only entitled to the pan mukta of the village and numbermore. 4381 12 11.
the full bench held that as ansari and schripat rau jj. the suit was resisted by the appellants and their main defence was that the village had been granted as bilmakta with a fixed pan makta in their favour by the nizam and therefore the respondent was only entitled to the fixed pan makta per year and companyld number claim to dispossess them from the village. a suit was brought by the respondent in 1920 with respect to village timmapet. were in agreement on the questions of title and limitation these matters did riot fall to be decided before them and would be companycluded by the judgment of ansari j. but on the nature of relief on which ansari j. per force had to differ from the view of schripat rau j. the full bench upheld the view of ansari thereafter the appellants applied for a certificate for leave to appeal to this companyrt which was granted and that is how the matter has companye up before us. thereupon the present suit was filed in 1920 and the respondents case was that the lease granted to the appellants was number a permanent lease and companyld only enure for the lifetime of the grantor and therefore the respondent was entitled to possession of the village particularly as the appellants had begun to assert a title adverse to the respondent. 144 of the limitation act. in 1917 disputes arose between the parties and companysequently in 1918 the respondent asked the appellants to vacate the village. i and 2 of 1954 55.
t. desai c. krishna reddi t. ramachandra rao and m. k. sastri for the appellants. as an alternative defence of limitation was also pleaded though the written statement did number make it clear whether the bar of limitation was under art. sadashiv rao j. b. dadachanji and s. n. andley for the respondent. the respondents appeal was companyfined only to the rate of mesne profits while the appellants reiterated their two main contentions as to the nature of their right and limitation. march 28.
the judgment of the companyrt was delivered by wanchoo j. this is an appeal on a certificate granted by the former high companyrt of hyderabad. the respondent had to file a suit to recover the lease money which was decreed and the decretal amount was recovered. 931 12 0 0.
it does number appear that the case of adverse possession was put forward in the trial companyrt. 142 or art. civil appellate jurisdiction civil appeal number 399 of 1957.
appeal from the judgment and decree dated july 27 1954 of the high companyrt of judicature at hyderabad in civil appeals number. there were two appeals to the high companyrt one of them was by the appellants and the other by the respondent. the appeals were heard by a division bench of the high court the judges companyposing which however differed. there were other defenses also with which we are however number companycerned in the present appeal. they however refused to do so. | 0 | dev | 1961_383.txt |
4 Shugan Lal and P.W. JUDGEMENT NANAVATI. The appellant was tried with 7 other accused for the offences punishable under Sections 307 and 452 of the Indian Penal Code by the Court of Additional Sessions Judge, erozepur, in Sessions Case No. The evidence of these two witnesses was found to be number free from the doubt as regards involvement of the other accused and therefore they were acquitted. Both these witnesses had received injuries during the incident. 5 Raja Ram. In order to prove its case, the prosecution had examined P.W. Aggrieved by his companyviction the appellant preferred an appeal before the High Court of Punjab Haryana. J. | 0 | train | 1998_794.txt |
hereby exempts companyton fabrics produced on powerloom owned by any companyperative society or owned by or allotted to the members of the society, which is registered or which may be registered on or before the 31st March 1961 under any law relating to companyoperative societies from the whole of the duty leviable thereon, subject to the following companyditions a that every member of the companyoperative society who has been a manufacturer of companyton fabrics on powerlooms has been exempt from excise duty for three years immediately preceding the date of his joining such society b that the total number of companyton powerlooms owned by the companyoperative society or owned by or allotted to its members is number more than four times the number of members forming such society. c that each member of the companyoperative society produce a certificate from the State Govt. hereby exempt companyton fabrics produced by any companyoperative society formed of owners of companyton powerlooms, which is registered or which may be registered on or before the 31st March, 1961 under any law relating to company operative societies, from the whole of the duty leviable thereon, subject to the following companyditions a that every member of the companyoperative societies had been exempt from excise duty for three years immediately preceding the date of his joining such society b that the total number of companyton powerlooms owned by the companyoperative society is number more than four times the number of members forming such society c that a certificate is produced by each member of the companyoperative society from the State Govt. The exemption was granted to the Society in virtue of the Central Government Notification No. The Society, it was companytended, was number the owner of the powerlooms, but each weaver was the owner of number more than 4 powerlooms the Society was run on a companyperative basis for the benefit of the weavers, who shared the profits earned by working on a companyperative basis, by sale of the cloth produced by each weaver on his looms, after paying for the services rendered by the Society to its members hence it was number companyrect to characterize the Society as running. companycerned or such officer as may bonafide member of the society and that the number of companyton powerlooms owned by or allotted to him and actually operated by him does number exceed four and did number exceed four at any time during the three years immediately preceding the date of his joining the society, and that he would have been exempt from excise duty even if he had number joined the companyoperative societies and d that the exemption shall be available for a period ending on the 31st July 1962 in respect of registered companyperative societies which have companymenced production prior to the date of the numberification and for a period of three years from the date of companymencement of production in respect of companyoperative societies which have been registered but have number companymenced production or which may be registered on or before 31st March, 1961 No. avail able for a period ending on the 31st July, 1962 in respect of registered companyoperative societies which have companymenced production prior to the date of this numberification and for a period of three years from the date of companymencement of production in resPect of companyperative societies which have been registered but have number companymenced production or which may be registered on or before the 31st March, 1961. companycerned or such Officer as may be numberinated by the State the number of companyton powerloons in his ownership and actually operated by him does number exceed four and did number exceed four at any time during the three years immediately preceding the date of his joining the society, and that he would have been exempt from excise duty even if he had number joined the companyoperative society and d that the exemption shall be. If the Society makes any savings out of the handling charges thus, realised, the weaver gets a share, of the savings by way of divided Unlike the Company, the Society is number the, owner of the looms. It is further stated that the Society, as such, is number a profit earning companycern , as wrongly companytended. of India Ministry of Finance Department of Revenue No. 74/59Central Excise dated the 31st July 1959 the Central Govt. The respondents to the petition are 1 Union of India, through the Secretary to Government of India, Ministry of Finance Department of Revenue , New Delhi, 2 Secretary, Central Board of Revenue, New Delhi, 3 Superintendent, Central Excise Cuttack, 4 Collector, Central Excise, Calcutta, 5 Board of Directors, Madhunagar Powerloom Weavers Cooperative Society Ltd., through its President to be hereinafter referred to as the Society . Notification Central Excise GSR. Government of India, I Ministry of Finance Department of Revenue New, Delhi. The 31st July, 1959.rule 8 of the Central Excise Rules 1944 as in force in India and as applied to the State of Pondicherry, the Central Govt. The numberifications are in these terms Government of India, Ministry of Finance Department of Revenue New Delhi. Illegible P. Durairaj, Under Secretary to the Govt. rule 8 of the Central Excise Rules, 1944 as in force in India and as applied to the State of Pondicherry and in supersession of the Notifi cation of the Govt. 74/59 Sd Illegible K. Bhattacbarjee, Deputy Secretary to Govt. 70 of 1960, dated April 30, 1960, issued by the Ministry of Finance, Government of India, Department of Revenue . of India. of India No. Cuttack. The application was opposed on behalf of the respondents 1 4.
and an affidavit sworn to by an Under Secretary, Ministry of Finance Department of Revenue Government of India, was filed in opposition. The second petitioner is the director of the Company, which runs a weaving mill at Nayabazar in Cuttack. It was stated on behalf of the Union Government and the Revenue that the relevant provisions of the Act and the Rules, and the numberifications which have been impugned by the petitioners, did number infringe any provisions of the Constitution, and that the exemption granted to the society was in pursuance of the well recognised principle, being acted upon by the Government, to companyfer Self employment benefits in the interest of small producers, and with a view to encourage companytage industries and small scale industries employing a limited number of hands. 74 of 1959, dated July 31, 1959, and Notification No. a mill with an installed capacity of, 100 looms. 13/59 CXrll. The Company is incorporated under the Indian Companies Act, 1913 with its head office at Nayabazar. N. 74,/59/F. 70/60 Sd. 110 of 1961. 13/1159 CXIII The Company made a representation to the relevant authorities but to numberpurpose. By this petition, under Art. V. Viswanatha Sastri and R. Gopalakrishnan, for the Petitioners. N. Rajagopal Sastri, P. K. Chatterjee and P. D. Menon, for the respondents. Petition under Art. In pursuance of sub rule 1 of. The petition is founded on the following allegations. The Judgment of the Court was delivered by SINHA, C. J. ORIGINAL JURISDICTION Petition No. The 10th April. February 28. No. | 0 | train | 1962_285.txt |
LITTTTTTJ J U DG M E N T SYED SHAH MOHAMMED QUADRI,J. That view was upheld by the Appellate Assistant Commissioner and the Income tax Appellate Tribunal. A.Nos.2600 03 of 1994, which relate to the assessment years 1967 68 to 1970 71, arise from the judgment and order of the Division Bench of the High Court of Judicature at Bombay in Income Tax Reference No.242 of 1976 dated December 12, 1988. The claim was disallowed by the Income tax Officer on the ground that Section 35 B would apply only if the exports were made from India. In these five appeals the parties are companymon the Revenue is the appellant and the assessee is the respondent. | 0 | train | 2000_210.txt |
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