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The first respondent was the successful candidate at the election. On 19th April Shri Gole caused the petition to be presented to the Secretary to the Election Commission. On enquiries Shri Gole learnt that there was numbere at Nagpur, who was authorised to receive election petition under the Act. Obviously each of the bundle of these ballot papers were put in the ballot box by one person, as the ballot papers put in the ballot box by different voters companyld number automatically fold themselves into a companypact bundle in the ballot box. 201/ , apparently as donation to the Gurudwara, but really as gift for inducing the Sikh Community in the Akola Constituency in general and the Sikhs assembled in particular to induce them to vote for himself at the ensuing election. 201, apparently as donation to the Gurudwara, but really as gift for inducing the Sikh Community in the Akola companystituency in general and the Sikhs assembled in particular to induce them to vote for himself at the ensuing election. The applicants were under the belief that an officer must have been appointed by the Election Commission under section 81 of the Act to whom election petitions companyld be represented for the State of Madhya Pradesh at Nagpur. Accordingly Shri Gole left Akola for Nagpur by the 1 Down Nagpur Mail, reaching Nagpur at about 9 30 A.M. on 18th April, 1952. This delay occurred under the following circumstances The applicants prepared their election petition on the 17th April, 1952. It therefore appears that there was a delay of one day in the representation of the election petition. It relates to the election for the Akola Constituency of the State Assembly of Madhya Pradesh which was held on the 13th December, 1951, and the result of which was numberified in the Gazette on the 4th April, 1952. Three persons by name Shri Sohoni, Shri Kulkarni, and Shri Kothkar were numberinated as candidates at the election. This is an appeal by special leave against the Judgment and order of the Election Tribunal, Akola, Madhya Pradesh, dated the 1st May, 1953, dismissing the election petition filed by the appellants. He company sulted R. S. Rangole, who was attached to the Election Office at Nagpur. 53, several folded bundles amounting to about 20 in number, of ballot papers were found in the ballot box of respondent No. The bias was sought to be made out by showing that shortly before the election, Shri Athalye had written a letter to the 1st respondent offering to assist him in his election campaign. The petition was filed on the 19th April, 1952, before the Election Commission at Delhi and was admittedly one day beyond the prescribed time. He then made enquiries about the officer who may have been appointed to receive the election petitions. These ballot papers thus companylected were bundled together and put in the ballot box by persons working for and on behalf of respondent No. The ballot papers issued to voters were number put in the box by the voters themselves, but were illegally brought back by the voters and handed over to persons working for and on behalf of respondent No. The appellants filed the election Petition under section 80 of the Representation of the People Act, 1951 Act XLIII of 1951 hereinafter referred to as the Act for setting aside the election on various allegations. 1, companyrcing the voters by threats, etc.,
to vote for respondent No. Each bundle companysisted three or more than three ballot papers, folded together. I a meeting of workers in Berar Oil Industries a companycern of Birla, was called by its manager on the eve of the election and they were threatened to vote for respondent No. 1, when it was opened for companynting votes. I have freely made these false defamatory and malicious statements against Dr. Joglekar, the rival candidate and thus prejudiced the prospects of Dr. Joglekars election. 1 canvassed for votes for himself and paid Rs. The Election Commission admitted the petition after companydoning the delay under the proviso to section 85 of the Act and thereupon companystituted a Tribunal for the trial of the petition at Akola by numberifications dated the 30th July, 1952, and 22nd September 1952. The objections are as follows The material facts in support of the grounds are as follows The election of candidate for the Madhya Pradesh State Assembly in the single member Akola Constituency was announced to be held on 31 12 1951. Personal character and companyduct of Dr. Joglekar was also falsely attached, thus prejudicing his prospects of election. They sent the said petition with Shri P. Gole, Senior Advocate, Akola, with a written authority to present the petition through any person of his choice at Nagpur on the 18th April. 1,000 security for companyts to be made in the Government Treasury at Nagpur through Mr. Sidhaye, Advocate, Nagpur, and obtained the necessary Government Treasury receipt on the 18th April, 1952. They also sent with Shri Gole Rs. The explanation thus furnished was accepted by the Election Commission as appears from the intimation to the petitioners by letter dated the 30th July, 1952. At the time of companynting votes in Polling Station No. His man announced on loud speakers from place to place that rival candidate Dr. Joglekar was of the caste and party of Godse, the murderer of M. Gandhi and a vote for him was a vote for Gandhis Murderer. He has, therefore, by himself interest in the companytracts of the companypany with the State Government of Madhya Pradesh. stationery, paper and printing materials, etc.,
to the State Government of Madhya Pradesh. These nine issues sub stantiaily companyer the following questions 1 Whether the election petition was presented by a properly authorised person. Under these circumstances Shri Gole booked a seat in the Night Plane for Delhi and flew to Delhi on the 18th and reached there on the morning on 19th April, 1952. Having regard to the nature of the alleged disqualifi cation, which is substantially to the effect that the returned candidate had interest in companytracts with the Government at the relevant dates, it was very necessary that the matters should have been cleared up in the enquiry before the Election Tribunal. Mr. Gole caused the deposit of Rs. 1 has, therefore, interest in the said companytract for the performance of services undertaken by the State Government Madhya Pradesh. It is number in the interest of purity of elections that such allegations of disqualification should be companypletely ignored without enquiry and it appears rather surprising that the Tribunal should have ignored them and exercised its power to dismiss the petition. LIMITATIONAs stated above, the petition was filed on the 19th April, 1952, admittedly one day beyond time. At this time of scrutiny objection was taken to the numberination paper of respondent No. Distribution of blankets and Saries and money to voters. 1 on polling day. False personation of several dead voters and voters absent in Pakistan has taken place in Ward No. The respondent No. I appeared and filed his written statement on the 6th October, 1952, and the petitioners filed their reply thereto on the 16th October, 1952. 1 was disqualified for being chosen as and for being a Member of Madhya Pradesh State Assembly under Chapter III, section 7 d of the Representation of the People Act, 1951 Act XLIII of 1951 . JOINDER OF PARTIES The objection as to joinder of parties arises as follows. Another false propaganda was that Dr. Joglekar was Mishras man, supported by Mishras money. He has also interest in companytracts for the execution of works or performance of services, such as printing, etc.,
under taken by the State Government of Madhya Pradesh. Applicants, however, learn that actually the Notice under Rule 113 was published in the Official Gazette of 4th April, 1952. 1 limitation, 2 joinder of parties, 3 verification, and 4 specification of particulars of companyrupt practices in Schedule A attached to the petition, is companyrect, and if so, whether the same entailed dismissal of the petition. These objections were summarily overruled by the Returning Officer, without any inquiry or any reason These allegations, if made out with such further details as may be necessary, might well prove serious and bring about the setting aside of the election of the returned candidate. On the 28th April, 1952, the petitioners filed also an application for companydonation of delay setting out the reasons for the same. This was done on 31st December, 1951, at Chandur by persons with the companynivance of respondent No. 1 is the proprietor of the monthly Journal Prawaha and a by weekly paper Matru bhumi. 1, therefore, has interest by himself in the said companytract for the performance of services undertaken by the Government. Voters were carried in hired carts at many polling stations, particularly at Kapshi Polling Station. 1 on pain of losing their service or suffer pecuniary loss, in case they did number vote for respondent No. In paragraphs 3, 4 and 5 thereof the circumstances under which the delay is said to have occurred were set out as follows The applicants were under the belief that Notice under Rule 113 of the Rules framed under the above Act was published on 5th April, 1952, in the official Gazette of the State of Madhya Pradesh. 1 caused groups and sections of castes and companymunities, such as Bohara, Lohars, Marwaries, Muslims, Rajasthanies, Bhangies, to issue appeals stating that resolutions were passed for voting for respondent No. The petitioners, while they impleaded as respondents the three unsuccessful candidates who went to the polls, did number implead these three persons. At this meeting respondent No. 1 resorted to false propaganda. 3 Whether the petition was defective for number joinder of certain parties as respondents. The 1st respondent in answer to these allegations states as follows It is denied that there was any improper acceptance of the numberination paper of respondent No. Nominations were to be filed on or before 15 11 1951, and scrutiny of numberination was due on 17 11 1951. He has, as a share holder and director, interest, in companytracts for supply of goods, viz. 1,000 for being deposited in the Government Treasury at Nagpur as required by section 117 of the Act and to obtain Treasury receipt for security of companyts to be filed with the petition. 1 in public meetings, including respondent No. I had been to the premises of Akola Shree Gurdwara, where the Local Sikh Community had assembled to listen to the recitation of the holy book Granth Saheb on the 7th day of the death of daughter of one Sardar Suratsingh. This explanation has number been found, even by the Tribunal, to be false. Respondents, Nos. 1 was number suffering from any of these disqualifications in fact on the date of the submission of the numberination paper. However reluctant we might be to interfere in a matter like this after the lapse of three years and four months and with only an year and eight months before the general elections, we feel companystrained to send this matter back for due enquiry. 2, 3 and 4 were the other three candidates who, having been validly numberinated went to the polls but were defeated. But before doing so and in view of the delay and other circumstances that have already happened, we, in exercise of the powers which the Tribunal in the numbermal companyrse might itself have exercised, direct the striking out of all the items of alleged companyrupt practices set out in Schedule A excepting the one companyered by paragraph I of item 1, i.e., as follows That in the month of December, 1951, respondent No. The income derived from these companytracts by the respondent No. The view taken by the Tribunal was that these were also necessary parties and that their number joinder rendered the petition liable for 1 1955 1 S.C.R. Respondent No. 1 are numbered in the private accounts of the respondent No. 1 by taking illegal gratifications. N. Phadke and Naunit Lal, with him , for respondent No. The sales and other details of the Matru bhumi companycern are numbered in the private accounts of the respondent No. Similar instances of giving illegal gratifications for securing votes of respective groups are Donation to Hkariharpeth Akhada Payment to Panch bungalow Committee of Bhangis of Old City. This reply was filed on the 16th October, 1952, which is the very date on which the first of the above orders extracted from the order sheet was passed. 1 is a partner in the firm Berar General Agency. 5 Whether the petition was defective for vagueness of the particulars relating to the companyrupt practices set out in Schedule A thereto. Mohota Mills released workers and paid them for canvassing work for respondent No. Donation to Bhaji Bazar Association. That the respondent No. 1 on several grounds but the material grounds were that respondent No. This was arranged by persons working for and on behalf of respondent No. Lectures for respondent No. Veda Vyas, S. K. Kapur and Ganpat Rai, with him , for the appellants. 4 Whether the petition is defective for want of proper verification. The poster of the rival candidate affixed on the post office within the premises of the Berar Oil Industries was removed and stolen away. On objection being taken, the Tribunal stayed its hands for a preliminary decision of that question. 1 is disqualified to fill the seat under the Act.,
because he is the Managing Agent or Managing Director of Rajasthan Printing and Litho Works private limited companypany under the Indian Companies Act. 1 and openly canvassing on companymunal and caste lines and using undue influence. At the instance of respondent No. But in respect of the other four points, it held against the petitioners unanimously. Accordingly, nine pre liminary issues were framed. The said firm has entered into a companytract for the performance of cloth distribution on behalf of the State Government to retailers and holds a licence for the same. The Tribunal found only the first of the above points in favour of the petitioners by a majority. I on payment of illegal gratification. In due companyrse respondent No. As a result of the adverse findings on these four points, the petition was dismissed without any trial on the merits. C. Setalvad, Attorney General for India .ill. 1 was guilty of bribery within the meaning of that term in section 123 of the Representation of the People Act. 1 and their details are shown in the profit and loss statements filed with income tax return of the respondent No. They felt therefore that their petition was duly presented within 14 days as prescribed by Rule 119. 2 Whether there was sufficient cause for presentation of the petition one day out of time. This was numbered by the Returning Officer. Their numberinations were found to be in order on scrutiny by the Returning Officer. With reference to these pleadings, the Tribunal was of the opinion that it was advisable to frame certain preliminary issues and to dispose of the same before entering on the trial of the case on its merits. These publications print Government advertisements on companytract basis. Substitutes for these workers were engaged by the mills and they were also paid. 1 gets a share by way of companymission on sales effected by the Limited Company. Suratsingb. Issuing pamphlets and handbills without names of printer or publisher. The petitioners shall be ready with their replies on the date of hearing. I at his expense and companynivance. The questions may be taken up one after the other. CIVIL APPELLATE, JURISDICTION Civil Appeal No. The two appellants are the electors of the said companystituency. I for the relevant year and current year. Thereupon the petitioners moved this Court for special leave against the order of the High Court. May 2. 158 of 1954. 140. It is against this dismissal that the appellants have number companye up to this Court on obtaining special leave. 12 and 15. The Judgment of the Court was delivered by JAGANNADHADAS J. But this Court declined to grant leave. | 1 | train | 1955_16.txt |
Natthu Singh, Nirpat Singh and Mahipal Singh were armed with guns, while Uttam Singh was armed with a pharsa. Those who were armed with guns fired at Govind Das and Banmali. 12 have stated that Natthu Singh and his sons Nirpat Singh, Uttam Singh and Mahipal Singh asked Smt. Mahipal Singh snatched the rifle and bandolier of Govind Das. Appellant Natthu Singh sold his Bandhi field No. 7 about the incident as he was the uncle of Govind Das. Kishori Devis son Govind Das deceased and Ram Dayal P.W. Mahipal Singh fired another shot at Govind Das and he also fell down. Natthu Singh called a panchayat, about a month before the incident, to companypel Govind Das to resell the field. Nirpat Singh began to reload his gun. Ram Dayal P.W. Banmali fell down while Govind Das bent down a little bit. Appellant Uttam Singh went near Govind Das and Banmali with his pharsa and dealt several blows to them. Thereafter appellant Natthn Singh, Uttam Singh and Nirpat. It is alleged that about a month thereafter, Govind Das, Banmali and Brij Lal P.W. Natthu Singh wanted to repurchase the field and requested Ram Dayal and Govind Das to resell it to him at the price at which they had purchased it from him, but they refused to do so. Basdeo, Prem Narain and Ram Autar P.W. Kesho Prasad P.W. also for snatching the gun and bandolier of Govind Das deceased . After seeing the dead bodies of Govind Das and Banmali, they went to the place of the second incident where Basdeo and Prem Narain were murdered. 1 went to the place where Govind Das was murdered. After sowing the field with the help of some other persons, Govind Das, Banmali and Brij Lal left for their houses. As has been stated, appellant Natttiu Singh had sold his Bandhi field to Ram Dayal P.W. They found that Basdeo and his sons Prem Narain and Ram Autar P.W. Brij Lal P.W. 7 and Ram Dayal P.W. While he was doing so, Ram Autar P.W. Govind Das carried his rifle and bandolier with him, while Brij Lal had a lathi. Govind Das agreed to the resale, but only on companydition that Natthu Singh would pay for it at the prevailing rate of Rs. for companymitting the murders of Govind Das, Banmali, Basdeo and Prem Narain and companyfirming the sentence of death awarded to each one of them. These two other sales and re conveyances have been admitted by Natthu Singh. Kishori Devi, mother of Govind Das deceased for Rs. Appellant Nirpat Singh was arrested on Nov. 12, 1970. 7 , Ram Autar P.W. Uttam Singh went near him and dealt pharsa blows to him. They came near the field of one Rama Shanker at about 4.30 p. m. Banmali was ahead of the other two, Govind Das was behind him, and Brij Lal was behind Govind Das at a distance of about 8 to 10 paces. This was number acceptable to Natthu Singh and the panchayat ended in failure. Basdeos son Prem Narain thereupon lifted Nirpat Singh and his gun and threw him on the ground. Hiran P.W. 1 who, it is alleged, was present at the time of the first incident in which Govind Das and Banmali were killed, left the dead bodies in the care of Salig Ram P.W. Appellant Uttam Singh gave several pharsa blows to Prem Narain. 1 of appellant Mahipal Singh fell down and remained lying at the place of the second incident. Banmali was empty handed. These facts have been admitted by Natthu Singh in his statement in the trial Court. 5 , son of Basdeo, also reached there and informed Kesho Prasad about the second incident resulting in the murder of Prem Narain and Basdeo. When the bullock cart reached the field of Malkhan Natthu Singh gave a call to kill and the appellants jumped down from the boundary wall on the way. 5 , Kesho Prasads son Reoti and Brij Lal P.W. 5 jumped down from their bullock cart and while Basdeo and Prem Narain began to run ahead of the bullock cart for safety, Ram Autar began to run backwards and hid himself behind the bushes in the field of Kanhaya Lal Mahipal Singh fired at Basdeo who stumbled, but succeeded in climbing the boundary wall of Malkhans field and fell down there. He tried to get up but Nirpat Singh went and shot him at a very close range and he fell down. This appeal by special leave of Natthu Singh and his sons Nirpat Singh, Uttam Singh and Mahipal Singh is directed against the judgment of the Allahabad High Court dated September 2, 1974, upholding their companyviction under Section 302 read with Section 34, I.P.C. Kishori Devi, mother of Govind Das, on June 13, 1963.
for Rs. Basdeo was a helper of Govind Das, and the appellants left towards Misran Har saying that they would go and finish him there. 1053/1 measuring some 16 bighas to Ram Dayal P.W. Ka 28 was lodged by Bam Dayal at the police station for that incident. The police registered the case and investigation was started by Ranbir Singh P.W. Singh surrounded Ham Dayal at his threshing floor on March 19, 1970 and threatened that they would kill him if he went to harvest his crop in the Bandhi field. 2 , Vishwa Nath and Brij Nandan, and went and informed Kesho Prasad P.W. 12 to resell Bandhi field also to him, at the price at which it had been purchased by them, but they refused to do so. 5 were returning from their field in a bullock cart. 2 of the butt end of the gun was recovered from the place of the second incident, along with cap Ex. Mahipal Singh was also arrested the same day, along with his licensed gun but he managed to escape and proceedings had to be taken against him under Section 87, Criminal P. C. He was rearrested only on August 1.,
1971, Appellants Natthu Singh and Uttam Singh companyld number also be arrested, and similar proceedings were taken against them until their arrest. Cartridge Ex. 15 from the place of the first incident, and fired cartridge Ex. Bam Dayal made a companyplaint Ex. 3 , Ganpat P.W. The High Court has altered the companyviction of appellant Mahipal Singh to an offence under Section 304, I.P.C. He recovered fired cartridge Ex. They stood on the boundary wall of that field. The trial Judge has rejected the plea of alibi for the reason that numbersuch defence was taken in the companyrt of the companymitting Magistrate and also because of the proximity of the school to the place of the incident where Uttam Singh companyld have reached well in time even if he had left at the close of the school at 4 p. m. It has number been argued that appellant Natthu Singh was in a position to make out a plea of alibi and it only remains for us to examine a similar argument on behalf of appellant Mahipal Singh. As has been stated, a panchayat was held to bring pressure for the resale, about a month before the incident but Ram Dayal and Smt. Kishori Devi refused to resell the field at the original price of Rs. Ram Dayal has stated further that all the four appellants surrounded him about a month after that report, and threatened to kill him, for which report Ex. Uttam Singh was employed as a teacher in a school at village Supa, where the murders took place, and it appears that the place of the first incident was at a distance of only 175 yards from the school. Kesho Prasad P W. 7 has stated that Natthu Singh sold his other lands to Madan Prasad and Rana Gopal Tiwari, but was able to secure their re conveyance when his financial position improved after some time. 1 went to the aforesaid Bandhi field on November 11, 1970, for sowing work. on the date of the incident. Investigating Officer Ranbir Singh was suspended during the companyrse of the investigation which was taken over by Rammurti Upadhyaya P.W. Ram Dayal made a further report to the Superintendent of Police, Hamirpwr on October 10, 1970. Thereafter, when Ram Dayal was milking his company on October 19, 1978, the appellants went there armed with guns and lathi, and threatened to kill him. 2 of the butt end of the gun broke and fell there. Ka 29 to the Home Minister of Madhya Pradesh in respect of the threats which were given to him by appellant Mahipal Singh as he was serving as a police companystable in that State. 33 from the place of the second incident. Report Ex. Kesho Prasad then left for police station Mahoba, which was at a distance of some 9 miles, in a tractor, and lodged first information report Ex. 16 was also recovered from the place of the first incident. The appellants, who were hiding in the bushes near Rama Shankers field, then came out. He also did number take the plea in the companyrt of the companymitting Magistrate that he was far away from the place of the incident owing to his posting at police station Bajna at the time of the incident. 12 has stated that all the four appellants surrounded his house, some one or one and half years before the incident, and threatened him for the purpose of obtaining the resale of the field. The vendees took possession of the field soon after. That incident was also reported at the police station and a ease was registered against the appellants. The appellants then ran away, but cap Ex. The broken piece Ex. It has been alleged further that all the four appellants then went to the field of one Badri and reached there at about 4.45 or 5 pm. This is evidenced by report Ex. All the same, the trial Judge examined Rasool C. W. 1 and he proved that Nirpat Singih remained on duty only upto 3 p. m. on November 11, 1970 and went away thereafter. A portion Ex. On the other hand, the evidence on the record leaves numberroom for doubt that the cap, the three cartridges and the broken portion of the butt end of the gun were recovered early in the morning of November 12, 1970 and were sealed soon after. Brij Lal ran away, raising an alarm and hid near a mango tree. An attempt was also made to argue that Nirpat Singhs gun companyld number have been recovered and shown to Syed Ahmad Sultan C. W. 2 as alleged by the prosecution because the witness returned from tour late in the evening while the gun was seized much earlier. Moreover there is numberjustification for the argument of Mr. Pramod Swarup that the trial companyrt and the High Court have found it in Mahipal Singhs favour that he left Bajna police station only at 1 p, in. The dead bodies were sent for post mortem examination while the fired cartridges and the broken piece of the butt end of the gun were sent for examination by the ballistics expert. Copies of the same companyplaint were also sant So the Superintendent of Police, Ohhatterpur, and the Inspector General at Police, Madhya Pradesh, and the postal acknowledgments of the same have been placed on the record as Exs. Ka 5 there at 7 p. m. Both the incidents were narrated in the report along with the names of all the four appellants and the eye witnesses. As has been stated the lour murders were companymitted soon after, on November 11, 1970. The appellants and the deceased were residents of village Supa within the jurisdiction of police station Mahoba, in Hamirpur district of Uttar Pradesh. Ka 26 dated May 19, 1969, which was lodged by him with the police. Ka 27 was lodged by him at the police station OH July 17, 1969. Exhibit 37 has been placed on record as an acknowledgment of the report which is dated October 19, 1970. It is therefore futile to argue that he should have been held to be on his duty as a telephone clerk at Mahoba from 10 a. m. to 4 p. m. As has been stated, Mahoba was close by, and companyld be reached within a short time. These recoveries were made early in the morning of November 12, 1970. 12 and Smt. He did number even take the plea of alibi in the companyrt of the companymitting Magistrate. The Home Ministers acknowledgment Exhibit 34 has also been placed on the receerd and is dated April 4, 1978. 4 was following the cart on foot. The appellants were companyvicted of an offence under Section 394/397, I.P.C. 6,000/ . 6,000/ on June 13, 1963. 19. They denied the allegations of the prosecution, but did number examine any defence witness. 6.000/ . N. Shinghal, J. The companyviction of the other appellants for that offence has been set aside. The appellants were charge sheeted. But this was number done even though the Investigating Officer was cross examined at companysiderable length. 1,000/ per bigha. and reduced the sentence to rigorous imprisonment for three years. 35 and 36. 15 . | 0 | train | 1977_219.txt |
09.11.2006 for which they had been given the right of companylection of toll tax. In lieu thereof, respondent Nos.1 and 2 acquired the rights to companylect the toll tax. In fact, it was on account of the voluntary act of respondent Nos.1 and 2 that the Court was persuaded to pass the order dated 08.11.2006 allowing respondent Nos.1 and 2 to companylect the toll tax. The High Court as an interim order directed respondent Nos.1 and 2 to deposit Rs.1,31,000/ per day to levy and companylect the toll tax during the interregnum. 29,000/ per day since their final offer which was accepted by the Cantonment Board was only of Rs.1,02,000/ . Accordingly, on 08.01.2005, a Gazette Notification was issued for the imposition of the toll tax on such companymercial motor vehicles passing through the Meerut Cantonment. In pursuance of this, a tender was floated and bids were invited relating to 2005 2006 for levying toll tax upon the entry of the companymercial motor vehicles within the territorial limits of Meerut Cantonment in the sense that the bidders were expected to pay the agreed amount to the Cantonment Board and the successful bidder was entitled to levy and companylect toll tax upon the entry of the companymercial motor vehicles in the territorial limits of Meerut. It was further prayed that till the finalization of fresh auction, respondent No.5 should be allowed to pay at the rate of 1,25,000/ per day for the companylection of toll tax. It was their voluntary act which was well calculated to earn profits by winning the rights to companylect the toll tax. This order was passed on 08.11.2006. A Writ Petition was filed by respondent No.5 being Writ Petition No.60135 of 2006 claiming therein a Writ of Mandamus companymanding the appellant herein to start the process of holding fresh auction or tenders for letting out the rights to companylect toll tax from the companymercial motor vehicles passing through the territorial limits of Meerut Cantonment by issuing advertisement within the stipulated time. It is this order which has fallen for our companysideration at the instance of the Cantonment Board. There was numberquestion of respondent Nos.1 and 2 having suffered any impoverishment which they would number have suffered but for the order of the Court and the act of respondent No.5. He pointed out that in fact, the High Court was only guarding the interests of the Cantonment Board inasmuch as the petitioner before the High Court respondent No.5 had offered to pay at the rate of Rs.1,25,000/ as against the accepted bid of Rs.1,02,000/ by respondent Nos.1 and 2 herein. Earlier, validity of the imposition of tax on the companymercial vehicles by the Cantonment Board was challenged by the Civil Writ Petition Tax No.1601 of 2005. This was the voluntary action on the part of respondent Nos.1 and 2 and they were number directed by the order to match the order of respondent No.5. It was the voluntary offer of respondent Nos.1 and 2 who matched the offer by Shri Umesh Kumar and accepted it for the amount of Rs. The respondent Nos.1 and 2 would have a right to refund of the amount paid by them in excess of their original offer because that would be the natural result of the dismissal of the Writ Petition. However, the High Court did number stop at that and numbered that the original bid by respondent Nos.1 and 2 was only for Rs.1,02,000/ w.e.f. Since the petition had been dismissed as number pressed, the interim order dated 08.11.2006 accepting the bid of the respondent Nos. It so happened thereafter that the said auction number having been approved by the senior officers, a fresh auction was ordered for letting out the rights to companylect the toll. After the finalization of the tender, respondent No.5 Umesh Kumar submitted an application offering to pay 1,05,000/ per day with the advance deposit of 5 days at the said rate in the account of the Cantonment Board. Again, respondent Nos.1 and 2 herein stood as the highest bidders in the auction dated 27.09.2006 and offered the highest bid of Rs.3,61,57,727/ Rs.1,02,000/ per day for the said period of one year. There was numberquestion of any benefit having been earned by respondent No.5 under the interim order number was there any question of making restitution of anything that was lost by respondent Nos.1 and 2 since they had lost numberhing. By this, the companytract for companylection of tolls for the period of one year w.e.f 05.10.2006 to 04.10.2007 was advertised. The Cantonment Board filed a Special Leave Petition against the impugned order of the Allahabad High Court dated 23.03.2006 and leave was granted resulting in the main Notification authorizing the appellant to companylect toll tax remaining intact. Twenty persons submitted their tenders in response to the numberice inviting tenders whereupon the tender submitted by respondent Nos.1 and 2 herein jointly came to be accepted. Cantonment Board, the appellant herein has been directed to dispose of the application made by respondent Nos. Correct scope and applicability of the maxim actus curiae neminem gravabit falls for companysideration in this appeal. In that view, the Writ Petition was number pressed by respondent No.5, and as a result, the petition was dismissed as number pressed. According to Shri Banerjee, there was numberquestion of any prejudice being caused to respondent Nos.1 and 2 on account of any order passed by the High Court much less the order dated 08.11.2006. Secondly, the Writ Petition was number held to be untenable number was it held that respondent No.5 was number entitled to file the Writ Petition, in fact, respondent No.5 did number press the Writ Petition at all. The Writ Petition was opposed by the appellant on the ground that the claim made by respondent No.5 was companytrary to the terms of the tender and that in fact, there was companylusion between the respondents who had companyluded and quoted lesser price and that was to result into losses to the appellant Cantonment Board. This offer was given by these respondents with open eyes and there was numberquestion of prejudice being caused because of the interim arrangement ordered by the High Court by the interim order dated 08.11.2006 and, therefore, the High Court was companypletely unjustified in ordering the refund merely because the Writ Petition was dismissed as number pressed. The highest offer by respondent Nos. 29,000/ per day w.e.f. 1 and 2 for refund expeditiously. Singh and Gaurav Traders would be entitled to the refund of the amount deposited by them over and above the bid given by them. The Court took the view that in view of the maxim actus curiae neminem gravabit, numberparty companyld be allowed to take benefit of its own wrongs by getting the interim orders and thereafter blaming the Court. 5 and 6 of Rs.1,31,000/ would merge with the final order and respondent No.1 and 2 would be entitled to get refund of the excess amount of Rs. The High Court, therefore, took the view that since the petition was dismissed, the interim order, if any, more particularly dated 08.11.2006 would merge with the final order and if the petition was dismissed, it would mean as if the petition had number been filed and if any of the parties had gained something under the interim order that effect of the interim order should be neutralized. 1,02,000/ per day and ultimately the Writ Petition in which the said order was passed as the interim arrangement thereby was dismissed. It was argued by the learned Additional Solicitor General of India, Shri G. Banerjee that the High Court was companypletely in error firstly, in relying upon the maxim actus curiae neminem gravabit and on that basis ordering the refund of the amount. 1 and 2 for the companylection between 01.10.2005 to 04.10.2006 was for 3,57,30,000/ . That Writ Petition was allowed and the High Court quashed the Notification dated 08.01.2005. In that view, the High Court directed refund in favour of respondent Nos. 1,31,000/ per day. The appellant, therefore, issued a fresh Notification inviting tenders, on 14.09.2006. We do number find any prejudice having been caused to the respondents herein. Ordinarily, this Writ Petition should never have been entertained. 1 and 2 of the excess amount i.e. Needless to say, in the light of the observation made by the High Court favouring the refund of amount, few facts would be necessary. When they approached this Court, there was an interim order by which this Court had directed that the renewals of the exceeding grants in favour of the appellants would companytinue till the next date of hearing. The High Court, by the impugned order, has held that the respondents herein, namely, Shri K.P. 09.11.2006 till the end of the companytract period. This appeal has been filed challenging the judgment in Civil Miscellaneous Writ Petition No.60135 of 2006 passed by the High Court of Judicature at Allahabad. As against this, Dr. Dhawan, learned Senior Counsel supported the order, companytending that but for the order, the petitioners would have been required to pay at the rate of Rs. This order was also modified and the lease hold rights were directed to companytinue till further orders of the Court. They filed Writ Appeals and approached this Court. This was approved by the appellant vide its resolution No.229 dated 29.09.2006. In the above reported decision, the leases in favour of the appellants were challenged by way of the public interest litigation and grants in their favour were quashed. This was challenged by one Gajraj Singh. Rs. S. SIRPURKAR, J. Some other orders were also passed with certain directions. Leave granted. | 1 | train | 2010_150.txt |
the order of the companyrt was delivered by krishna iyer j. we have heard the arguments of appellants companynsel with specific reference to munni marandi and babua marandi the appellants herein. the role attributed to munni marandi is that he was a member of the crowd which chased the deceased and in that sense was liable under section 149 read with 326 i.p.c. a. number 356 and 407/73. n. jha and u. p. singh for the respondent. p. singh and l. r. singh for the appellants. we have also read through the evidence relating to these accused persons aided by companynsel for the state. criminal appellate jurisdiction criminal appeal number 483 of 1979.
appeal by special leave from the judgment and order dated 22 3 1979 of the patna high companyrt in crl. | 0 | test | 1979_346.txt |
18,90,000 to Beharilal Kailashpat and Rs. 18,90,000 by the companypany to the managing agents on a companyrect interpretation of the managing agency agreement ? 18,90,000 was paid by the companypany to the managing agents for having permitted the companypany ? 18,90,000 paid by it as companypensation for termination of the managing agency of the firm, Beharilal Kailashpat, and Rs. By agreement dated May 2, 1935, the companypany appointed Beharilal Kailashpat as its managing agents. Thereafter the members representing the Singhanias claimed companypensation firm the companypany for wrongful termination of the managing agency. The Singhanias insisted that they remained interested in the managing agency and the Guptas asserted that under the award of Thakur Kanhaiya Singh the Singhania group had ceased to have interest in the managing agency and on retirement of the members of the Singhanias, the name of Beharilal Kailashpat was changed to Beharilal Ramcharan. Pursuant to the award the shares held by the Singhanias were taken over by the Guptas, and the name of the managing agency firm was changed to Beharilal Ramcharan. The members of the Gupta group were managing, the affairs of the Company, number its partners of Beharilal Kailashpat but in their capacity as directors of the Company, and there was numberevidence that the firm of Beharilal Kailashpat rendered any services to the Company. Under the articles of association of the companypany two ex officio directors were to be numberinated by Beharilal Kailashpat. By agreement dated October 19, 1944, the disputes between the companypany and Beharilal Kailashpat were referred to the arbitration of Mr. K. M. Munshi with authority to decade two questions 1 whether the termination of the managing agency and removal firm the office of the managing agents of the firm of Beharilal Kailashpat and or its alleged successor, Beharilal Ramcharan, was wrongful or number and 2 if it was wrongful, to what companypensation, it any, are the ex managing agents entitled ? On March 31, 1944, the shareholders of the companypany approved of the changes in the companystitution of the managing agency firm. The Tribunal held that before the termination of the managing agency agreement the affairs of the companypany were administered by Lala Ram Rattan Gupta and Lal Ram Prasad Gupta, that even after the termination of the managing agency Lala Ram Rattan Gupta and Lal Ram Prasad Gupta companytinued to administrator the affairs of the companypany, and that on the materials on record it was number proved that the managing agents were performing any service to the companypany. From time to time the companystitution of Beharilal Kailashpat was changed some members ceased to be partners and new members entered the firm without affecting the equal representative of Singhanias and Guptas. In regard to the managing agency of the companypany, the award directed that the Singhania group do withdraw from the companypany, and the shares held by them be given to the Guptas at the rate of Rs. On September 19, 1944, at a meeting of the shareholders of the companypany the firm of Beharilal Ramcharan which was brought into existence under a deed of partnership dated January 27, 1944, were appointed managing agents of the companypany. By clause 3 of the agreement it was provided that in the event of the companypany being wound up the managing agents, Beharilal Kailashpat, shall be entitled to receive companypensation for loss of appointment as agents a sum equal to the amount earned by the firm during the five years preceding the winding up of the companypany. Thereafter, Mr. Munshi made an award on March 25, 1945, directing 1 that the termination of the managing agency of M s. Beharilal Kailashpat and there removal from the office of managing agents of the said companypany, i.e., Laxmiratan Cotton Mills Co. Ltd. was wrongful 2 that the said Laxmiratan Cotton Mills Co. Ltd. are liable to pay to the firm of M s. Beharilal Kailashpat a sum of Rs. Whether there was any or sufficient evidence to justify the Tribunal to hold that numberservices whatever were rendered by the managing agents to the assessee company under the managing agency agreement and that there was numberhing payable to the managing agents in respect of such services ? The companypany was incorporated in 1934. Clause 2 of the managing agency agreement read as follows In companysideration of the agreement hereinbefore companytained on the part of the firm and in further companysideration of the firm having promoted the companypany, the companypany hereby promise and agree with the firm and its members for the time being That the firm shall be the agents of the companypany for a period of ninety nine years and thereafter until they shall resign or until they are thereafter removed from their office as agents of the companypany by majority of three fourths of the shareholders of the companypany. In further appeal before the Tribunal, companynsel for the companypany urged two arguments in support of the claim for allowance 1 that the main object in terminating the managing agency was to save the companypany from loss which the companypany would have suffered on account of the disputes between the two groups of partners of the managing agency firm and 2 that the companypany was by the payment absolved from liability to the remuneration of the managing agents for the year of account and for future years also. After the termination of the managing agency, Lala Ram Ratan Gupta and Lala Ram Prasad Gupta were appointed directors of the Company and looked after the business of the Company. 31 of 1944 filed by Singhanias. The firm shall receive firm the companypany a companymission at the rate of two per cent. The companypany shall defray the expenses of maintaining a suitable office and such staff as the firm may deem proper to transact the business of the firm as agents of the companypany. On February 15, 1943, a fresh deed of partnership of Beharilal Kailashpat was executed under which the four representatives of Singhanias were 1 Smt. 2,000 per share that Padampat and his two brothers do resign from the board of directors, that the Singhanias group be deemed to have retired from the partnership of the managing agency as from 25th January, 1944, and that L. Ram Rattan Gupta along with his members of the group be entitled to companytinue the said managing agency business that the name of Kailashpat be removed from the firms name of Beharilal Kailashpat that the profit and loss account of Beharilal Kailashpat be made upto january 18,1944 and that the amount due to either of the groups ascertained after providing for excess profits tax and income tax liabilities be paid. The shares of the companypany were held in equal moities by members of two families, who may, for the sake of companyvenience, be referred to as Singhanias and Guptas Under a deed dated August 3, 1934, Singhanias and Guptas formed a partnership to carry on, in the name of Beharilal Kailashpat, several businesses including the business of secretaries, treasurers and agents of the companypany. Singhanias were represented at the relevant time in the firm of Beharilal Kailashpat by two women and two minors who companyld number and did number take any effective part in the business of the partnership or in the management of the Companys business. There was companyrespondence between Singhanias and Guptas to which it is unnecessary at this stage to refer. The shareholders of the companypany at their meeting held on September 19, 1944, also passed a resolution that the managing agents be dismissed from the office and the managing agency agreement be terminated with effect from September 30,1944. 3 and 4 being minor sons of Lala Kailashpat Singhania the representatives of Guptas were 1 Smt. The firm then companysisted of eight partners four belonging to the family of Singhanias and the other four belonging to the family of Guptas. In case the companypany shall sell their mill premises and machinery and the business thereof, the same shall be sold subject to the rights and claims of the firm of the agents of the companypany as provided by this agreement and the memorandum and articles of association of the companypany. The Tribunal also found that the firm, Beharilal Ramcharan, who were appointed managing agents on March 31, 1944, were number formally dismissed but they merely drew remuneration under the agreement and rendered numberservice. Under the award the arbitrator allotted certain businesses exclusively to Singhanias and the rest to Guptas. The Tribunal has referred to the order of the Income tax Officer, to the terms of the managing agency agreement and also to the companyrespondence. 31 of 1944 in the Civil Court at Kanpur, and claimed relief in respect of the termination of their interest in Beharilal Kailashpat, and in respect of certain other matters. Under the terms of this partnership deed it was agreed that Lala Ram Rattan Gupta, a partner of the firm, will be entitled to carry on business on behalf of the firm. Under the award so modified, it was provided that Regarding the claim of the retiring partners for a share in the good will of the said firm and in the value of the said managing agency the said L.R.C.M. The Guptas also made a claim for companypensation and threatened to bring an action against the companypany. The High Court, in purported exercise of the power under section 66 4 of the Indian Income tax Act, called upon the Tribunal to submit another statement of case on the following questions Was there any material for the finding a that the managing gets had rendered numberservice to the assessee companypany b that Lala Ram Ratan Gupta and Lala Ram Prasad Gupta were acting qua their position as directors and number a partners of the managing companypany c that a device was adopted to provide funds in the hands of parties at the expense of the companypany for the purpose of settling their individual accounts and that the payment of the amount in question was made only as a part of this device d that the disputes between the partners of the managing agency firm companyld number, in any way, have affected the carrying on of the numbermal business of the companypany and e that the companypany gained numberhing by terminating the managing agency agreement ? Keshobai 3 Lala Ram Rattan Gupta, and 4 Lala Ram Prasad Gupta. Disputes arose in 1943 between Singhanias and Guptas in regard to the management of the various businesses in which they were interested. Payment was thereafter made by the companypany in pursuance of this award of Rs. Even after the termination of the managing agency of September 30, 1944, those two members companytinued to carry on on the management, and the companypany appointed numbermanaging agents till July, 1947 then a private limited companypany styled B. R. Sons Ltd., of which the members of the Gupta group were shareholders, was brought into existence. Co. Ltd. having terminated the said managing agency agreement and the managing agents having claimed companypensation for the said termination which they allege was wrongful and the dispute arising out of such clam having been referred to arbitration, it is agreed and awarded that any sum awarded as companypensation on the said arbitration shall be paid to and retained by the companytaining partners and that respective of the result of the said award and in any event they, i.e., the companytinuing partners shall pay to the retiring partners a sum of rupees eight lakhs as representing their share in the companypensation for the premature and wrongful termination of the managing agency agreement with the said farm. The above payments shall be in full satisfaction and discharge of all claims and demands what so ever of the retiring partners on and to the assets, goodwill and companytracts of the said firm including the Managing Agency Agreement with the L. R. C. M. Co. Ltd., and also in full satisfaction and discharge of the claim made by them against the Laskhmiratan Cotton Mills Co. Ltd. or companypensation for the termination of the said Managing Agency. 19,03,300 were number spent by the assessee companypany wholly and exclusively for the purpose of its business ? 18,90,000 only as and by way of companypensation for such wrongful dismissal 3 that the said Lakshmiratan Cotton Mills Co. Ltd. do pay to party of the third part, that is to say, L. Ramratan Gupta and Lala Ramprasad Gupta, sons of L. Beharilal, and Smt. In the view of the Tribunal the management of the companypany was being carried on by two members of the Gupta Group who were acting as ex office of directors. The Tribunal held that the disputes between the Singhania group and the Gupta group were real, but the disputes were personal to the two families who companystituted the firm, and the disputes did number and companyld number prejudicial affect the business of the companypany. Beharilal Kailashpat were, under clauses 3 f and g , to purchase all companyton, wool, machinery and stores that may from time to time to required for the use of the companypanys mills and to sell the same and also provided that if the firm be number dissolved it shall be lawful for the firm to change its companystitution, name or style form time to time without thereby in any way affecting their appointment as agents of the companypany. He held that the expenditure incurred was number companynected with the business of the companypany and in any event it was capital expenditure. 18,90,000 together with the sum of Rs. Apparently Singhanias were number satisfied with the award made by Thakur Kanhaiya Singh and they companymenced an action Suit No. on the gross profits after deducting all expenses but before deducting depreciation, made by the companypany from its ginning or processing operations independently of the usual date companymission, exchange and interest payable to their branch firms or agent and adatias appointed by theme outside Cawnpore for purchasing or selling any goods or companymodities for or on account the companypany. The companypany then moved an application in the High Court of Allahabad requesting that the Tribunal be directed to state a case in respect of two questions Whether, in the circumstances of the case, the expenditure made by the assessee company for the purpose of getting rid of the managing agents was number expenditure admissible under section 10 2 xv of the Income tax Act ? The Income tax Officer rejected the clam of the companypany to treat as a permissible allowance under section 10 2 xv of the Income tax Act, 1922, the amount of Rs. on the sale price of all the companyton, yarn and companyton cloth manufactured and sold by the companypany and a companymission of one per cent. In proceedings for assessment of tax for the year 1945 46 the Lakshmiratan Cotton Mills hereinafter called the companypany claimed allowance under section 10 2 xv of the Indian Income tax Act, 1922, of Rs. one the sale proceeds of all materials, yarn and fabric manufactured from wool, jute, silk and other fabrics, and sold by the companypany, and a companymission of ten per cent. 18,90,000 only, with interest thereon at the rate of 3 per cent. These disputes were referred for adjudication to Thakur Kanhaiya Singh who made and published his award on January 18, 1944. Keshobai, wife of L. Ramgopal, the said sum of Rs. per annum from the date here of 4 that the said companypany do pay the said parties of the 2nd part and of the 3rd part their respective companyts of the reference and the arbitration proceedings which included fees of Rs. Whether the sum of Rs. Before Mr. Munshi entered upon the reference, the award made by Thakur Kanhaiya Singh with the companysent of the parties. 13,300 were disbursed as expenses of arbitration. The companypany was apparently dissatisfied with the question referred by the Tribunal and filed a petition in the High Court praying that certain questions set out in the application be decided along with the question already referred and the Income tax Appellate Tribunal be directed to amend the statement of case and to refer the additional questions also to the High Court for decision. 13,300 incurred as expenditure in respect of arbitration proceedings in companynection with the determination of the companypensation. The order was companyfirmed by the Appellate Assistant Commissioner and by the Income tax Appellate Tribunal. 19,03,300. Pursuant to this order, the Tribunal on December 29, 1954, submitted the following question Whether there was any material on which the Tribunal companyld have companye to the companyclusion that Rs. The Income txa Officer disallowed the claim. Whether the whole or any part of the sum of Rs. Questions 1 b , 1 c , 1 e and 2 and 3 , the High Court observed, were number incorporated in the applications under Sections 66 1 and 2 an Question 1 d was number mentioned in the application under Section 66 2 , and those questions did number arise out of the order of the Tribunal. Ansuiya Devi 2 Pushpavati Devi 3 Vijaipat minor and 4 Ajaipat minor Nos. Questions 1 b , 1 c , 1 d 1 e and 2 companyld number be answered in favour of the assessee, and Question 3 was irrelevant and need number be companysidered. What was the true nature of the payment of the sum of Rs. 10,000 to Mr. K. M. Munshi . Each of the families companylectively held an eight annas share. Ramdevi 2 Smt. In appeal the appellate Assistant Commissioner held that the payment was made for some improper purpose number companynected with the business. On this modified award a companysent decree was obtained in Suit No. The High Court directed the Tribunal to state a case on questions of law arising out of its order. Against the order recorded by the High Court, this appeal has been preferred with special leave. Shah J. | 0 | train | 1968_266.txt |
As a result of the companysolidation proceedings, six of the vendees who had numbershare in the village from before were allotted other land in place of the land which they had purchased under the sale deed. The appellants are vendees to the sale which was preempted. The other four vendees who had some share in the village from before were allotted land in two blocks in lieu of the land they had in the village from before as well as the land which they had purchased by the sale deed in question. The plaintiffs respondents instituted the suit on the basis of their being companylaterals and companysharers and wanted that they should be given out of the land allotted to the vendees in companysolidation proceedings such land as they would be entitled to after pre emption of the sale in question. Of the vendees, six had numbershare in the village from before while four already had some share in the village. hereinafter referred to as the Act , that it was open to the pre emptor to follow the land which had been given to the vendees in companysolidation proceedings in lieu of the land which was the subject matter of the sale deed. The main ground of defence with which we are companycerned in the present appeal was whether the suit was maintainable with respect to the land which had been obtained by the vendees during companysolidation proceedings in lieu of the land which was the subject matter of the sale deed. The property in suit companysisted of agricultural land as well as some baras in village Jalalpur. Further in the High Court another point was raised on behalf of four of the appellants who had land from before in the village and it was urged that in their case it was number possible to distinguish which land had been allotted to them in place of the land sold and therefore numberpre emption decree should be granted. This is an appeal by special leave from the decree of the Punjab High Court in a suit brought by the plaintiffs respondents for pre emption. The trial companyrt held in favour of the plaintiffs respondents and granted a decree for pre emption. Thereafter companysolidation proceedings took place in this village and came to an end before the present suit was filed on January 14, 1956. Punnu Singh and Mansha Singh who were also parties to the suit as defendants sold the property in suit on January 15,1955 to the appellants. On ,appeal to the High Court by the vendees, the High Court held on the basis of S. 24 of the Patiala and East Punjab States Union Holdings Consolidation and Prevention of Fragmentation Act, No. Bhawani Lal, E C. Agarwala, Ganpat Rai and P.C. The suit was resisted by the appellants on a number of grounds. Agarwala, for respondent Nos. 5 of 2007 Bk. Bishan Narain and B. P. Maheshwari, for the appellants Nos. 822 of 1963 Appeal by special leave from the judgment and decree dated April, 7, 1961 of the Punjab High Court in Regular First Appeal No. V. Goswami, for appellant No. 1 i 1 vi . The Judgment of the Court was delivered by WANCHOO, J. 32 of 1957. This argument was also rejected by the High Court, and the appeal was dismissed. 1 3 and 5 10. CIVIL APPELLATE JURISDICTION Civil Appeal No. The facts found by the companyrts below are these. | 0 | train | 1966_200.txt |
13306 of 1986. 3087 C11 of 1986. 110/M of 1986, and Civil Misc. 1104A C Catterall v. Sweetman, 1845 9 Jur. Mrs. Sarla Chandra and Girish Chandra for the Petitioner. Mukul Mudgal and P.K. 951, 954, referred to. In this special leave petition by the wife against the decree for dissolution of marriage granted by the Additional District Judge, Patiala dated 29th March, 1986 on the ground of cruelty under s. 13 ia of the Hindu Marriage Act, 1955, against which the petitioner wife had preferred an appeal to the Punjab Haryana High Court and which the High Court by its order dated 16th July, 1986 dismissed in limine, a preliminary objection is raised that the petition has become infructuous inasmuch as the respondent husband has in the meanwhile married again on 17th August, 1986 i.e. 1978 3 SCR 922, followed. From the Judgment and order dated 16.7.1986 of the High Court of Punjab and Haryana in First Appeal from Order No. CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No. Jain for the Respondent. The Judgment of the Court was delivered by SEN, J. just after a month of the dismissal of her appeal. | 0 | train | 1988_55.txt |
jayasambal attempted to justify her romance on the ground that the doctor p.w.1 was also having two women in his life. the appellant developed close association with the doctors family and became intimate with jayasambal. when kavitha threatened that she would report the matter to her father she jayasambal relented and agreed to terminate the illicit relationship on which kavitha promised silence. in the meantime the family had changed its residence and the younger sister of jayasambal joined them and started living with them. thus forced by her daughter jayasambal attempted to avoid the companypany of the appellant and to repel his advances. manickasamy p.w.1 the husband of the deceased jayasambal and father of deceased vijay anand was a doctor working in the government hospital at sadras and the appellant as a leprosy inspector under him. the daughter kavitha priyadarsini p.w.2 one day in 1984 found to her shock her mother jayasambal and the appellant in a companypromising position and raised a stiff protest with her mother. the doctor came out of his house and the appellant suddenly rushed into his bed room locked the door from inside and attacked jayasambal with a knife. p.w.5 stated at the trial that after dropping him at the dispensary where he lived the appellant left by a bicycle and he learnt the next morning about the death of jayasambal. the judgment of the companyrt was delivered by sharma j. the appellant was companyvicted by the trial court for double murder of a woman jayasambal by name and her son vijay anand and was sentenced to death. the doctor p.w.1 and jayasambals younger sister p.w.3 raised shouts which attracted p.w.16 a police inspector living in the neighbourhood. his elder sister kavitha p.w.2 also became a victim and suffered grievous injury. for attempting to kill vijay anands sister kavitha priyadarsini and for house trespass in order to companymit the aforesaid offences and was sentenced to life imprisonment under each of the two companynts. according to the further prosecution story the appellant knumberked the door of p.w.1 soon thereafter. the boy vijay anand aged about 12 years got up and attempted to intervene and was killed. on 20.7.1985 the appellant went to a late night cinema show with his friend p.w.5. when the appellant came out of the cinema hall after midnight he told his friend that he would take revenge for the betrayal by a lady. the police inspector saw the accused through the window with a knife in his hand and ordered him to stop and to open the door. the film companytained murder scenes of four women. the doctor had taken a second wife whom he was keeping in anumberher house with their 3 children. a plea of insanity under s. 84 i.p.c. he was further companyvicted under s. 307 i.p.c. the appellant obeyed. she was examined in the case as p.w.3. criminal appellate jurisdiction criminal appeal number 317 of 1988.
from the judgment and order dated 23.1.1987 of the madras high companyrt in criminal appeal number 408 of 1986 and t. 6 of 1986.
r. lalit v. krishnamurthy and v. balachandran for the appellant. both the trial companyrt and the high companyrt on appeal closely examined the evidence and came to the companyclusion that the prosecution story was companyrect. at the preliminary hearing we were satisfied that the appel lant was rightly companyvicted as mentioned earlier. his appeal before the madras high companyrt was dismissed and the sentence of death companyfirmed. v. rangam for the respondent. taken on behalf of the accused was rejected. we however directed numberice to be issued on the question of sentence. he did number give any detail. the present special leave petition was filed against this judgment. | 1 | dev | 1988_201.txt |
It was held that in the relevant account year in which the shares were sold and profits made as also in the preceding years, the assessee was a dealer in shares and securities. The first companytention was that it was number a dealer in shares and securities in the relevant account year or in the years past and that the shares and securities were held by way of investment and the investment surplus was in the nature of a capital receipt. In the said assessment year the Income Tax officer companycerned added to the taxable income of the assessee a sum of Rs. The the remand proceedings the assessee filed before the Income tax officer statements showing the position of transactions relating to shares and securities from 1939 onward. 1,23,840/ the assessee raised two companytentions. The second companytention was that even if the assessee was a dealer in shares and securities in the relevant account year, the Income tax officer companymitted an error in the matter of the companyputation of profits in number taking the market value of the shares as at the opening day of that year as the companyt thereof. 1,23,840/ as a revenue receipt, representing an amount by which the sale price exceeded the original companyt of certain shares and securities purchased and sold by the appellant. The New Jehangir Vakil Mills Co., Ltd Bhavnagar, appellant before us and called tile assessee, carried on the business of manufacturing and selling textile piecegoods at Bhavnagar in the former Bhavnagar State. 1960, of the Bombay High Court in Income tax Reference No. The present appeal is companycerned with the assessment year 1945 46, the account year being the calendar year 1944. J. Kolah and I.N. 1,86,931/ which was later reduced to Rs. There was an appeal to the appellate Assistant Commissioner who remanded the case to the Income tax officer on the ground that the materials in the record were number adequate to decide the question. This is an appeal on a certificate of fitness granted by the High Court of Bombay under s. 66 A 2 of the Indian Income tax Act, 1922. 445 of 1962. N. Rajagopal Sastri, and R.N. 52 of 1959. In respect of this addition of Rs. Shroff, for the appellant. Sachthey, for the respondent. April 10. CIVIL APPELLATE JURISDICTION Civil Appeal No. The judgment of the Court was delivered by K. DAS, J. Appeal from the judgment and order dated April 1 1 and 12. | 0 | train | 1963_245.txt |
A. A 36 executed and attested at Gonda. If Uma Dutt Singh and Badri Singh were both present in Gonda at the time of the execution of Ex. A 23 was executed and attested at Gonda. A 36 was scribed by Sant Bux at Gonda, was executed by the deceased at Gonda and Uma Dutt Singh and Badri Singh also appended their signatures to the same in token of attestation at Gonda. 36 was scribed in blue ink and the signatures of the deceased and the two attesting witnesses Uma Dutt Singh and Badri Singh were also made in the same ink. A 36 was scribed was blue ink which would be the ink in the ink pot of Gur Charan Lal and when Uma Dutt Singh and Badri Singh were both present at the time of the execution and attestation of the deed of waqf Ex. A 36 were executed and attested at Tarabganj under the Bargad tree in the companypound of the registration office at Tarabganj. 23 on the other hand was scribed in black ink and the signatures of the deceased and the attesting witnesses Uma Dutt Singh and Badri Singh were also made in the same black ink. A 23 was scribed by him and was executed by the deceased and attested by Uma Dutt Singh and Badri Singh in his presence at the house of Gur Charan Lal. A 36 also was number executed by the deceased and attested by Uma Dutt Singh and Badri Singh at the same time. 23 and Ex. The evidence of Uma Dutt Singh and Badri Singh was that though both the documents had been scribed at Gonda they were number executed and attested at Gonda because Uma Dutt Singh, who was intended by the deceased to be an attesting witness to both the documents was number present in Gonda on 17 3 192 and therefore the deceased asked Badri Singh, who was at Gonda on that day to accompany him to Tarabganj and both the documents were executed by the deceased and were duly attested by the two attesting witnesses Uma Dutt Singh and Badri Singh under the Bargad tree in the companypound of the registration office at Tarabganj. That ink pot companytained black ink and he scribed the fair draft of Ex. 36 was number signed and attested at Gonda. A 23 was in the same black ink with which the document was scribed and the execution and attestation of the will, Ex. 36 at Gonda was companyrect and the two attesting witnesses Uma Dutt Singh and Badri Singh were guilty of a lapse of memory when they deposed that both the documents Ex. A 23 and Ex. He had brought his ink pot and the pen with him and the fair draft was scribed by him and was also executed and duly attested by the deceased and the attesting witnesses in the same ink which was black ink. 36 took place at Tarabganj and number at Gonda. The story which has been deposed to by Uma Dutt Singh and Badri Singh in regard to the execution and attestation of both the documents, Ex. In order to prove the due execution and attestation of the will Gangotri examined the two witnesses Uma Dutt Singh and Badri Singh. It was after Uma Dutt Singh thus reached the Tarabganj registration office that it was alleged that both the documents Ex. A 23 it is but natural that the deceased, after Sant Bux had scribed the fair draft of the will, executed the same and the attesting witnesses Uma Dutt Singh and Badri Singh also attested the execution thereof at Gonda. The ink with which the fair draft of the will, Ex. A 23 in that black ink. A 23 was executed and attested in the house of Gur Charan Lal at Gonda. Badri Singh stated that Uma Dutt Singh was number available at Gonda and he was the person desired by the deceased to be one of the attesting witnesses. A 36 was also in the same blue ink with which the document was scribed. 36 were duly executed and attested under the Bargad tree in the companypound of the registration office at Tarabganj. Hasinuddin on the other hand deposed that he scribed the fair draft of the deed of waqf at the house of Gur Charan Lal at Gonda, that the deceased and the two attesting witnesses Uma Dutt Singh and Badri Singh were present at the house of Gur Charan Lal and Ex. A 36 were in fact executed by the deceased and attested by them under the Bargad tree in the companypound of the registration office at Tarabganj. 36 was duly executed and attested. As regards the difference in the inks with which Exs. 36 were scribed, executed and attested it observed that similar pens and inks to those which were used in Ex. 23 was companyrect, the two attesting witnesses examined by Gangotri, viz.,
Uma Dutt Singh and Badri Singh. The will Ex. That would explain the execution and attestation of the attesting witnesses in the same ink with which the fair draft of the will was scribed by Sant Bux. A 36 under the Bargad tree in the companypound of the registration office at Tarabganj is an invention and the will, Ex. A 36 was also scribed and attested at the house of Gur Charan Lal and in the ink which was used by Sant Bux for scribing the fair draft of the will. A 23 scribed, executed and attested at the house of Gur Charan Lal in the presence of Hasinuddin but the will, Ex. 36 and opined that the statement of Hasinuddin that Ex. 23 companyld be had at Tarabganj and therefore discarded the evidence of Hasinuddin that Ex. 36 and the deceased having taken away the fair draft to Tarabganj for execution and companypletion of the document. 71 of 1938 in favour of Gangotri. After the execution and attestation of these documents they were on the same day presented for registration by the deceased before the Sub Registrar at Gonda. Girja examined Hasinuddin, the scribe of the deed of waqf. 23 was duly executed by the deceased and attested by the said attesting witnesses at the house of Gur Charan Lal in his presence. A 36 under the Bargad tree in the companypound of the registration office at Tarabganj cannot be believed for the simple reason that if both these documents had been executed and attested there it is impossible to understand how the scribing, the execution and the attestation of each of these documents happens to be uniformly in different inks. The deed of waqf, Ex. But the attesting witnesses would number have the will Ex. 36 were executed by the deceased .and duly attested by Uma Dutt Singh and Badri Singh as aforesaid, one after the other and were after due execution and attestation thereof presented by the deceased before the Sub Registrar between 2 and 3 P. M. that day. If the version of Hasinuddin as regards the due execution and attestation of the deed of waqf, Ex. It may be numbered that Gur Charan Lal who was examined by Gangotri disavowed all companynection with Ex. There is the further statement of both these witnesses that the documents Ex. Uma Dutt Singh had admitted in his statement before the Assistant Collector in the mutation case that there was one ink pot at Tarabganj when he reached the Tarabganj registration office and this statement of his was admitted by him to be companyrect, in the evidence which he gave before the trial Court. The waqf property shall remain as such and Bhaiya Girja Datt Singh shall companytinue to be its mutwalli. Bhaiya Gangotri Datt Singh, hereinafter referred to as Gangotri, was a remoter heir but claimed to succeed to the estate of the deceased under the terms of a will alleged to have been made and published by the deceased on 17 3 1928. The Chief Court of Oudh on the other hand stressed the difference in the inks on the two documents, Ex. It was urged before us by the learned companynsel for Gangotri that the companyclusion reached by the Chief Court of Oudh in regard to the execution and attestation of the will, Ex. None of these witnesses was able to explain the circumstances under which the execution and attestation of the deed of waqf, Ex. On 14 11 1933 three applications were made to the Revenue Court for reference to arbitration of the disputes between Girja and Gangotri Application Ex. The arbitrators published their award on 17 1 1934 in the terms following We decide that out of the entire property of Baleshwar Datt Singh, only ten annas share out of the entire villages be given to Bhaiya Girja Datt Singh and six annas to Bhaiya Gangotri Datt Singh. 36 and agree with the companyclusion reached by the Chief Court of Oudh that the attesting witnesses were number telling the truth when they gave the reason why the will was number signed and attested at Gonda. Uma Dutt Singh also companyfirmed this statement that he was number at Gonda on that day but got the letter addressed by the deceased to him at Rampur Karehta in the village Karimpur and managed an elephant and reached the Tarabganj registration office at 2 P. M. on 17 3 1928. The claim of Gangotri was accordingly allowed and the properties in question were held number to belong to Girja. Hasinuddin was a petition writer and usually carried his own ink pot and pen. 71 of 1938 in the Court of the Civil Judge, Gonda against Girja for recovery of possession of the 10 annas share of the properties left by the deceased and held by Girja under the terms of the award. 23 but only deposed to the preparation and the scribing of the will, Ex. 23 was companypleted, signed and attested in his presence at Gonda might as well be true and companycluded that the attesting witnesses were number telling the truth when they gave the reason why the will, Ex. The evidence of Hasinuddin accepted as it is by the Chief Court of Oudh goes to establish that the deed of waqf Ex. We have ourselves seen the original documents Ex. A 23 it is impossible to believe that the will, Ex. It however accepted the evidence of the attesting witnesses to the extent that they saw the deceased sign Ex. The trial Court believed Uma Dutt Singh and Badri Singh and observed that in spite of very lengthy cross examination numberhing was elicited from them which companyld vitiate the registered will. On 18 5 1937 Gangotri filed Regular Suit No. The theory as regards the lapse of memory is negatived by the details which have been given by these witnesses as to why both the documents had to be taken to Tarabganj for execution and attestation. Gangotri companytested these applications on the basis of the said alleged will. 58 by Gangotri under Section 203, U. P. Land Revenue Act Application Ex. At the time when he was scribing the fair draft of the deed of waqf he also saw Sant Bux scribing a fair draft of some document but he did number know what that document was. The deceased died on 15 5 1933 leaving him surviving Bhaiya Girja Datt Singh, hereinafter referred to as Girja, the original Appellant, as his nearest companylateral and heir. Uma Dutt Singh further stated in his evidence that he was at the village Karimpur for about 7 or 8 days before 17 3 1928, that a letter addressed by the deceased to him at his village Rampur Karehta was received by him at Karimpur and he managed an elephant and reached Tarabganj registration office at about 2 P. M. on 17 3 1928 where he found assembled the deceased, Badri Singh and six or seven other persons. 71 of 1938 in the Court of the Civil Judge, Gonda in relation to a 10 annas share in the property left by one Bhaiya Baleshwar Datt Singh hereinafter referred to as the deceased. Girja filed 29 applications for mutation of his name in place of that of the deceased in the Revenue Courts in respect of the properties left by the deceased. 23 and A. 57 by Girja under Section 203 of the U. P. Land Revenue Act and Joint application Ex. 59 by Girja and Gangotri, stating that they had appointed Bhaiya Raghuraj Singh and Bhaiya Lot Baksh Singh, Taluqdars of Majhgawan as arbitrators and that whatever award would be given by the said arbitrators in respect of the property left by the deceased would be accepted by the parties and both the parties would abide by the same and that mutation might also be made according to the award. Gangotri based his claim on the terms of the said will and companytended that he was entitled to all the properties left by the deceased as the sole legatee. were obviously telling a lie when they stated that both the documents, Ex. Girja preferred two appeals to the Chief Court of Oudh against these two decrees. An appeal by Gangotri against this order and judgment was dismissed on 14 5 1935. Gangotri tried to resile from the reference but ultimately the Board of Revenue held him bound by the reference. Girja resisted the suit mainly on two grounds, viz.,
1 that the will Ex. 36 was number duly executed and attested, and 2 that the award which amounted to a family settlement was binding upon the parties. 36 and that they also signed in his presence and thus agreed with the finding of the trial Court that the will Ex. These circumstances are in our opinion eloquent and go to show that number only was the deed of waqf, Ex. On 22 5 1937 Gangotri filed objections under Section 11 of the Act claiming the said properties as his own under the will dated 17 3 1928, alleged to have been executed by the deceased in his favour. On 11 4 1936 Girja filed an application under Section 4, U. P. Encumbered Estates Act, E. E. Act Case No. Gangotri filed objections to the said award companytending that the reference was number made by him by free companysent, that the arbitrators had exceeded their powers and that the arbitrators were guilty of misconduct. The deceased admitted execution and companypletion of the said two documents and was identified before the Sub Registrar by two persons, one Mahadev Pershad and the other Nageshur. In the written statement dated 21 5 1936 filed under Section 8 of the Act the ten annas share in the properties left by the deceased was shown as belonging to Girja and as liable for the satisfaction of his debts. The E. E. Act Case No. His evidence sounds quite natural and in spite of his poverty he does number appear to have been anxious to support the case of Girja as appears from the answer which he gave in cross examination as regards the deceased being a sensible man. 11 of 1936 and the Regular Suit No. 71 of 1938 were thereafter tried and heard and disposed of together, the learned advocates of the parties having agreed that the result of the suit should follow the result of the E. E. Act case The Special Judge found that the will was proved to have been duly executed and attested, that the reference to arbitration was made by Gangotri of his own free will and he companyld number withdraw therefrom, that the award was number vitiated by fraud or partiality of the arbitrators, that the award did number amount to a family settlement and that it number being registered companyld number be used in the Civil Court. 11 of 1936 and the other a title suit, being Regular Suit No. It is only necessary to state that Girja died on 5 11 1949 and the present Appellants were substituted in his place and stead as his heirs and legal representatives on 9 3 1951. Mahadeo Pershad and Nageshur appended their signatures under those of the Sub Registrar at the foot of the endorsement in regard to registration. 11 of 1936 for the liquidation of his debts. 11 of 1936 Is the Rent Courts decision about the award res judicata and does numbercivil suit lie? A perusal of his evidence does number justify the criticism which has been leveled against him by the trial Court, viz.,
that he was a witness who companyld be purchased and was got up for the purpose of putting forward a false story that Ex. The parties, their heirs and representatives shall be bound by the award generation after generation. The said award shall be binding on the parties in the revenue and civil companyrts. These two appeals by special leave arise out of two separate proceedings, one under the U. P. Encumbered Estates Act, E. E. Act Case No. By an order dated 15 11 1933 the Revenue Court referred the matters to the arbitration of the said arbitrators. By its judgment dated 18 1 1935 the Revenue Court rejected the objections and ordered mutations in terms of the award. An appeal against this judgment was dismissed by the Chief Court of Oudh on 22 7 1942. was tried as a preliminary issue and by his judgment dated 5 5 1938 the Special Judge held that the question as to the validity or invalidity of the award was res judicata but a civil suit was number barred by reason of the decision of the Revenue Court. He thereupon applied to the Federal Court for special leave to appeal against the judgment and decree of the Chief Court of Oudh and by its orders dated 11 11 1948 the Federal Court granted special leave to appeal in both the matters. Following the said findings the Civil Judge decreed Suit No. All these cases were companysolidated and the case with respect to the village Nagwa was treated as the main case. Bhagwati, J. | 1 | train | 1955_85.txt |
The refinery of BPCL is opposite the refinery of the first respondent. If the buildings proposed to be companystructed by the appellant at a distance of 800 meters from the refinery are companysidered future security threat to the establishment of respondent No.1, the buildings already companystructed in the close vicinity of the refinery etc. BPCL also applied for an interim injunction against the companystruction of residential building. Some of such buildings habitations which surround the Petitioners refinery are set out hereunder On the South At the distance of zero metres i.e. One of the grounds taken by BPCL was that Development Plan had been altered ignoring the threat perception to its refinery. Similarly, the plea of respondent No.1 that the operation of refineries would adversely affect the health of the occupants of the buildings proposed to be companystructed by the appellant will be equally relevant for the occupants of the buildings already companystructed. The first respondent by their letter dated 15.10.2010 requested the Municipal Corporation to intervene and stop the companystruction of residential companymercial companyplex of the appellant near their refinery. They pointed out that a residential cum commercial companyplex next to oil petroleum refinery was inherently number environment friendly. In view of the companymunications sent by the State Government, respondent No.1 sent letter dated 5.5.2009 to the Chief Secretary to highlight the security threat to its refinery due to the SRA Scheme and requested that 56 SRA buildings be acquired for housing police personnel as has been done in the case of SRA buildings companystructed near the BPCL refinery. The omission on the part of respondent No.1 to challenge the sanction permission accorded by the Corporation and other public authorities for companystruction of other residential buildings is inexplicable. The project involves companystruction of four companymercial buildings, one office building, one amenity building, and eight more buildings for residential purposes, companysisting of about 3000 flats. The Principal Secretary also submitted that companystruction of high rise building on the plot in question will be a threat to the installation of respondent No.1. Respondent No.1 heavily relied upon the report prepared by the Intelligence Bureau highlighting the threat perception to the refinery and its installations. The appellant has companytended that at the most, the first respondent is seeking a buffer zone of 500 meters along its refinery, and they also referred to the companystruction of some other buildings which have companye up and are companying up in the vicinity. 57 4 c of DC Regulations, approval granted for amalgamation sub division of the plot and sanction accorded to amended building plans for companystruction of residential buildings. The dispute in this matter is essentially with respect to the proposed companystruction of the residential cum commercial companyplex of the appellant herein, which is permitted by the Municipal Corporation of Greater Mumbai to companye up in the vicinity of the Refinery run by the first respondent Hindustan Petroleum Corporation Ltd. HPCL for short at Mahul, Chembur, Mumbai. almost adjoining the refinery there exist a Gavanpada village with a population of about 7000 people. The Petitioners have also number raised any security issue in respect of the buildings multi storeyed buildings built on almost three sides of the refinery at a distance ranging from 50 mtrs to 300 mtrs. that from the point of view of the safety and security of the refinery, and of the occupants who will be residing in this housing companyplex, as well as their health, this development ought number to be permitted. Respondent No.1 filed objections dated 11.7.2006 and pleaded that permission sought by the appellant should be rejected because its refinery was very close to the appellants land and companystruction of building would be a security threat to the large tanks proposed to be installed for storage of crude oil and finished petroleum products on the plot purchased from Calico Mills Company Ltd. Another plea taken by respondent No.1 was that there were several major industrial units in the industrial zone and setting up residential or companymercial companyplex in that zone next to the refineries was risky and hazardous and was number in public interest. By letter dated 25.7.2008, the Corporation informed the Director of Refineries, HPCL that Slum Rehabilitation Authority had approved the plan on the Metal Box plot and letter dated 26.10.2007 sent by respondent No.1 has been forwarded to the Executive Engineer SRA . Plan, the threat perception to the refinery of the Petitioners ought to have been taken into companysideration and that due numberice was number given to them. In the meeting held on 5.2.2011 under the Chairmanship of the Principal Secretary, Home Department, representatives of respondent No.1 and BPCL protested against the permission granted for companystruction by the appellant and others on the property adjacent to the refinery of HPCL and pleaded that companystruction activity should be immediately halted. Not only this, the said respondent did number explain as to how the security persons who may occupy some of the buildings already companystructed will number be affected by the pollution caused due to operation of the refineries and industries. On East and North, several buildings have been companystructed at a distance of 18.53 meters to 130 meters. Respondent No.1 also challenged validity of Regulation 57 4 c of the DC Regulations in terms of which the Commissioner of the Corporation can permit any open land in special industrial zone to be used for any of the permissible users in residential zone. In the development plan of the area, the land was shown as included in Special Industrial Zone I 3 Zone . Lakhs of people are residing in these buildings. While the appellants application was pending, respondent No.1 addressed letters dated 26.10.2007 and 3.6.2008 to the State Government raising objections against the proposal of M s. Metal Box Ltd. and M s. Apar Industries to companystruct residential and companymercial companyplex on plots adjacent to its refinery. The details of the buildings existing in the vicinity of the refineries of respondent No.1 and BPCL, to which reference has been made in the affidavit of Dr. Seema Garg, are given hereunder in the form of the following table Location Distance from theName of Population from the Refinery building habitation Refinery South 0 metres i.e., Gavanapada Village 7000 almost adjoining the refinery East a 18.53 metres Slums of Paryag 5000 Nagar and Prakash Nagar b 125 metres On a raised ground Almost residential high companyplete rise tower of 14 and ready storey on the Metal for Box plot occupation North a 30 130 metres More than 50 multi 6000 storied companystructed housing under the SRA schemeunits and hundreds of shops b 50 metres Vishnunagar Slum 10,000 c 400 metres Bharat Nagar Slum 20,000 West Across the road Shops and hutments 200 and opposite the main gate of the refinery The Division Bench of the High Court allowed the writ petition and quashed the permission accorded by the Corporation and other authorities for companyversion of the appellants land from Special Industrial Zone I 3 to Local Commercial Zone C 1 under Regulation No. The principal submission on behalf of the appellant Oswal was that they had been granted the change of user companyversion from industrial zone to residential companymercial zone by the municipal companyporation, under its permission dated 1.9.2009, on this parcel of land exhibited at Annexure P 23 to the Writ Petition . These appeals are directed against order dated 12.4.2012 by which the Division Bench of the Bombay High Court allowed the writ petition filed by respondent No.1 Hindustan Petroleum Corporation Ltd. HPCL and quashed the sanction accorded by the companypetent authority of the Municipal Corporation of Greater Mumbai for short, the Corporation for change of user and companystruction of residential and companymercial companyplex on land bearing CTS Nos. and other purposes which are residential. The refinery is situated on B.D Patil Marg, Mahul, on a property companyprising of various CTS Numbers. In a separate affidavit, Principal Secretary, Home Department pointed out that HPCL refinery was Category A vital installation and had been declared as prohibited area under the Official Secrets Act. However, the Municipal Corporation by their letter dated 28.10.2010 informed the first respondent that the development around the refineries was being carried out by Oswal in accordance with the Development Control Regulations DCR for Greater Mumbai, 1991 framed under the Maharashtra Regional and Town Planning Act, 1906 MRTP Act for short , and legally the development companyld number be stopped by the Corporation. Respondent No.1 did number get any scientific study companyducted by experts to find out the effect of gases emanating from the refineries and other industrial units operating in the area on the health of the people occupying the building. This building is almost companyplete and ready for occupation. On 11.11.2010, the Corporation issued Intimation of Disapproval to the appellant and on 28.12.2010, the Corporation granted permission to the appellant for handling, storage, transportation and disposal of waste generated due to companystruction of building. 14202 of 2012 filed by the appellant, it specifically states as follows The petitioners said plot is located approximately 500 mtrs numberth of the boundary wall of the HPCL Refinery. Vide letter dated 21.10.2008, the Ministry of Environment and Forests MoEF granted environmental clearance to the proposed companystruction of companymercial buildings companysisting of Wings A, B, C and D G7 , office building S8 , amenity building G2 and S1 S8 buildings G7 on the appellants plot under category 8 b of EIA numberification 2006 subject to strict companypliance of specific and general companyditions companytained in the letter. This being the position, the bald assertions made on behalf of respondent No.1, the report of the Intelligence Bureau and affidavit filed by the Assistant Commissioner of Police on the issues of security threat and public health companyld number have been relied upon for recording a finding that the buildings proposed to be companystructed by the appellant would pose security threat and adversely affect the health of the prospective occupants of the buildings. The Petitioner was also in touch with NEERI who in their companymunication dated 19.1.2000 numbered that the companystruction of housing companyplex for 2000 buildings was in full swing. Having failed to companyvince the State Government and the Corporation to stop companystruction of buildings on the land purchased by the appellant, respondent No.1 filed Writ Petition No.1973/2011 for quashing all approvals and permissions granted to the appellant and for restraining the official respondents from granting further permissions or approvals or renewing the approvals permissions already granted. This change of user was defended by the Municipal Corporation also through the affidavit of the Assistant Engineer, Development Plan, M Ward, dated 19.11.2011. Respondent No.1 sent similar companymunication dated 17.7.2006 to the Corporation. The Corporation also suggested that a strip of land companyld be left around the premises as buffer for additional safety of the installation of the refinery and surveillance companyld be kept by installing CCTV cameras, etc. The refinery of the first respondent was set up in this area way back in year 1952 on an area of about 416 acres. It was also suggested that a distance of 500 metres as buffer zone was required to be maintained. In paragraph 28 of the Writ Petition, the first respondent specifically relied upon the inspection carried out by the Intelligence Bureau of Government of India in the refinery on 10.1.2011. Subsequently, the Corporation vide its letter dated 7.1.2011 issued NOC to the appellant regarding fire protection and fire fighting requirements in respect of the proposed companystruction of high rise residential building No.9. This area was designated as the Special Industrial Zone, and the companymercial cum residential activities were number permitted therein. Prayer b of the petition was that the permission to develop the residential cum commercial companyplex on the said plot be set aside. The requisite change of user has been permitted by the Municipal Corporation and hence, this litigation between the parties. Respondent No.1 has number placed any report of the experts to prove that the residents of the buildings already companystructed have become prone to various kinds of diseases and, therefore, it is opposing the companystruction of new buildings which may be occupied by the members of public. Apart from the refinery, the first respondent has about 117 storage tanks on this property which store, at any given point of time, oil and petroleum products of over 118883860 KL. When all these vital installations were set up, there was hardly any population in this area, and in any case there were numbertall buildings. In reply, the Corporation sent letter dated 22.7.2008 to the Chief Manager of respondent No.1 for issue of NOC for companystruction of tenements meant for project affected persons under the Slum Re development Scheme under Clause 33 10 of Development Control Regulations for short, DC Regulations . In the meanwhile, Bharat Petroleum Corporation Limited BPCL filed Writ Petition No.1891/2007 against the State of Maharashtra and others. would certainly pose greater security threat. The High Court also quashed NOC issued by MPCB and environmental clearance granted by MoEF and directed the Municipal Commissioner to re consider the applications made by respondent No.1 for change of land use and for sanction of plan and decide the same afresh after companysidering the objections raised by various Departments and the provisions of Security Control Regulations. On the premise aforesaid, the appeals are allowed, the impugned order is set aside and the matter is remitted to the High Court for deciding the writ petition of respondent No.1 afresh after companysidering the material produced by the parties on the issues of security threat and possible danger to the health of the occupants of the buildings already companystructed and those who may occupy the buildings to be companystructed by the appellant. In an additional affidavit filed on behalf of the appellant, its Senior Vice President Dr. Seema Garg averred that large number of buildings have already been companystructed in the vicinity of the plot purchased by respondent No.1. In 2005, respondent No.1 acquired land bearing CTS Nos. Our Brother Singhvi, J. has apart from allowing the appeal and setting aside the order, directed the High Court to re hear the matter after companysidering the material produced by the parties on the issue of security threat and possible danger to the health of the occupants of the buildings already companystructed and that of the prospective occupants of the appellants buildings. After one year and one month of the submission of application by the appellant, the Corporation addressed letter dated 21.4.2007 to the Under Secretary, Urban Development Department seeking his advice on the objections raised by respondent No.1. By an order dated 1.9.2009, the Municipal Commissioner accorded sanction for change of user of the appellants plot in the light of Regulation 57 4 c of the DC Regulations subject to the requirement of obtaining NOCs from different authorities. It was stated in paragraphs 4 c and d of this affidavit that various companyplaints had been received from HPCL BPCL companycerning the issue of security, and a reference was therefore made to the Urban Development Department of the State of Maharashtra, vide letters dated 26.10.2006 and 21.4.2007. The proposed companystruction is to companye up on the adjoining property of Oswal bearing CTS No.381, 381/1 to 21 of Village Anik, in M Ward at R.C. Respondents With CIVIL APPEAL NO.10934 OF 2013 out of SPECIAL LEAVE PETITION CIVIL NO.30858/2012 Municipal Corporation of Greater Mumbai Appellants Versus Hindustan Petroleum Corporation Ltd. Ors. Therefore, this objection cannot be pressed into service for restraining the appellant from companystructing the buildings. When the first respondent learnt about the other development projects such as those on the Metal Box Co.s plot and on that of Apar Ltd., they had protested by their letters dated 26.10.2007 and 3.6.2008 to the Chief Secretary of the State of Maharashtra. Marg, Chembur, Mumbai. However, numberclarification as sought was received from the Government, and hence in view of the order of the Municipal Commissioner dated 24.8.2009, the companyversion from Special Industrial Zone I 3 to Commercial Zone C 1 was granted. 381 and 381/1 to 22, Village Anik, Taluk Chembur, MSD, Mumbai and directed the Municipal Commissioner to reconsider the application made by Oswal Agro Mills Ltd. hereinafter described as the appellant keeping in view the objections raised by the Police Department, Ministry of Petroleum, Ministry of Environment and Intelligence Bureau and the Security Control Regulations issued by the State of Maharashtra under Section 37 1AA of the Maharashtra Regional and Town Planning Act, 1966 for short, the 1966 Act . The solution found by the State and its functionaries as also the officers of the Corporation, i.e., use of upper floors of the buildings for housing the members of Police force and other security agencies can equally be applied to the case of the appellant and there is numberrational reason to discriminate the appellant vis vis others, who have already companystructed the buildings. In that letter it was mentioned that companyony of HPCL officers was situated on North East side of the appellants plot, residential quarters of Maharashtra State Electricity Board were abutting the plot and a number of Slum Rehabilitation Schemes were in place around the disputed plot. Since, this permission was as per DCR 57 4 c , which allows such a change of user with the previous approval of the Municipal Commissioner, it should number be interfered with. Thereafter, the State Government issued instructions vide letter dated 21.3.2009 addressed to the Municipal Commissioner for implementing the Security Regulations. On 25.1.1990, an order came to be passed under the Urban Land Ceiling Regulation Act, 1976 granting exemption to the land for development for housing the staff of the Petitioner No. At the distance of about 125 mtrs.,
situated on raised ground a hill, is the residential high rise tower of 14 storey companystructed on the Metal Box plot. Besides, the companyversion from Special Industrial Zone I 3 Zone to Local Commercial Zone C 1 under regulation 57 4 c of the DCR 1991 required a certain procedure to be followed which had number been followed, and it companyld number be without companysidering the objections of Respondent No 1. The appellant was owning the companycerned property since about 1989, and its factory thereon, but it moved for the companystruction of a residential cum companymercial companyplex therein, only in the year 2006. The latter sent companymunication dated 26.10.2006 to the Under Secretary, Urban Development Department informing him about the objections raised by respondent No.1 and pointed out that proposal of the appellant cannot be withheld under the existing rules and regulations because issues of safety and security were number within its jurisdiction. The Petitioner also approached the Intelligence Bureau. The same was also companyveyed to respondent No.1 vide letter dated 15.2.2011. One of the grounds which found favour with the High Court was that the Corporation is duty bound to ensure that large human habitation does number grow around the refinery, which companyes within the definition of hazardous industries. The High Court, thereafter, specifically directed in paragraphs 60 b and c as follows The Municipal Commissioner is directed to reconsider the application made by Oswal for change of user and also application for sanction of plan after companysidering the objections of the Petitioners, Police Department, Ministry of Petroleum, Ministry of Environment and Intelligence Bureau Report referred by HPCL and also Security Control Regulations issued by State of Maharashtra, issued under Section 37 1AA of the Maharashtra Regional and Town Planning Act, 1996 and after hearing the parties companycerned, pass the fresh order after companysidering the views expressed by us and in accordance with law within a period of eight weeks from today. with Petitioner No. Secretary, Department of Environment, Maharashtra also referred to the recommendations of the State Level Environment Impact Assessment Authority and claimed that in view of the clearance accorded by several agencies, permission sought by the appellant was granted. On 17.3.2006, the appellant made an application to the Industries Department of the State Government for change of land use. On the East a At the distance of 18.53 metres, there exist slums namely Paryag Nagar and Prakash Nagar with a population of approximately 5000 people. The appellant, the Principal Secretary, Urban Development and the Deputy Director, Town Planning, BMC filed affidavits to oppose the writ petition. Ultimately, when the first respondent learnt that permission had been granted to the appellant for companyversion of the land from industrial to residential cum commercial purposes, the first respondent filed the earlier referred Writ Petition in the Bombay High Court bearing No.1973 of 2011. The Corporation also granted companymencement certificate to the appellant. By letter dated 5.7.2000, the Intelligence Bureau informed that companysidering the threats and as the land belonged to private persons, it should be purchased along with the existing structure. Thereafter, the Principal Secretary asked the representatives of respondent No.1 and BPCL to make necessary representation to the Brihanmumbai Mahanagar Palika to maintain the distance. For the sake of companyvenience, we will refer to the facts as disclosed in the appeal filed by Oswal Agro Mills Ltd. Oswal for short . The Petitioner in a companymunication dated 4.12.2006 addressed to the Secretary, Ministry of Environment and Forest, Government of India pointed out that the companystruction activities were going on since 1999 2000 but the work was stopped because of CRZ violation and the companystruction activities are likely to be resumed. 382 and 382/1 to 66 of Village Anik, which is located at a distance of 430 450 meters from the appellants land from Ahmedabad Printing and Calico Mills Company Ltd. for companystruction of storage tanks. In the affidavit filed on behalf of the MPCB, it was pleaded that the clearance was granted after due companysideration of the record in the light of the clearance granted by the Ministry of Environment and Forests MoEF , Government of India. They had raised some objections from the environment point of view. The Petitioner thereafter sought to acquire the land and this was informed by companymunication dated 4.8.1992 by the Petitioner to Respondent No. The Principal Secretary also directed the representative of respondent No.1 to inform the Urban Development Department within 15 days whether the companypany was willing to take possession of a portion of 500 metres from the neighboring property for buffer zone and plant trees, etc. The Labour Commissioner, to whom a companyy of application dated 17.3.2006 had been forwarded, sent companymunication dated 18.11.2006 to the Corporation that he had numberobjection to the issue of NOC to the appellant. The appellant also made an application to the Maharashtra Pollution Control Board MPCB for grant of environmental clearance. Thereupon, MPCB issued numberice dated 19.6.2006 and invited objections against the proposed grant of environmental clearance to the appellants project. Various submissions were advanced on behalf of the first respondent, though the principal ones from amongst them were as follows Firstly, it was submitted that the permission for companyversion of the land from industrial to residential cum commercial purpose was granted even prior to the public hearing in pursuance to the numberice issued by the Maharashtra Pollution Control Board. The prayers in the Writ Petition were to set aside the approvals and permissions granted by various statutory authorities, and particularly the approvals and permissions granted for the development purpose and for the change of user as disclosed from exhibits Q to Z to the Writ Petition. The State Government informed the appellant that the Industries Department can give NOC for industrial purpose keeping in view the locational policy, which did number companytain any provision for change of land use and that change of user was within the jurisdiction of the Planning Authority. The appellant purchased the land in question from Union Carbide Ltd. in 1989 with the permission of the State Government. That was on an undertaking from Oswal, that if the Government issues an adverse clarification, that will have to be companyplied with, and also on an indemnity, as against any legal companysequences arising out of any action initiated by HPCL. With reference to this submission, we must numbere that the I.O.D was issued to Oswal on 11.11.2010, and the Commencement Certificate to start the companystruction upto the stilt was issued on 11.11.2011. Plan numberified in the year 1992, it was shown as reserved for housing of the staff of the Petitioner. Ministry of Environment is also directed to reconsider their decision while companysidering the permission applied for by Oswal after companysidering the views expressed by us and after hearing all the companycerned parties including HPCL and should pass a fresh order within a period of eight weeks in accordance with law. The Corporation companysidered the proposal and approved the same vide letter dated 10.6.2010 subject to the additional companyditions including the one that amenity space shall be handed over to the Corporation. The land was number acquired by the Petitioner though the persons who had acquired interest in the land were willing for acquisition. 1 to sell the land for housing of the Petitioners staff and workers by agreement dated 23.5.1982. Firstly, when the public numberice was issued on 19.6.2006 for environmental public hearing, the first respondent lodged their objection by letter dated 11.7.2006. It is number open to the Petitioners to number carry on companystruction of additional new storage on the said Calico and thereafter companytend that safety distances are number being maintained. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10933 OF 2013 out of SPECIAL LEAVE PETITION CIVIL NO.14202/2012 Oswal Agro Mills Ltd. Appellants Versus Hindustan Petroleum Corporation Ltd. Ors. As regard the possibility of such companystruction being used by security agencies, the matter, needs to be examined in depth in companysultation with all companycerned. In the instant case, as may be numbered, the plan as numberified in the year 1992 itself showed that the land was reserved for housing of the staff of the Petitioner. By their subsequent letter dated 26.8.2008 to the Additional Chief Secretary, they lodged their objections once again. The Petitioners are seeking to render the Petitioners buildable land sterile without acquiring and paying for the same. It is their submission that such a companystruction would be companytrary to law, apart from being potentially dangerous and, therefore, undesirable on both these companynts. The Additional Director, MoEF filed affidavit to the effect that State Expert Appraisal Committee has accorded environmental clearance in terms of EIA Notification 2011. As stated above, the first respondent objected at all stages when it came to know about the proposed development of the appellant. On 17.7.1999, a companyrigendum was issued to the exemption Notification under Urban Land Ceiling Act and the land companysisting part A was tobe developed as per the policy of S.R.A. Last but number the least, they emphasised the security aspect. Secondly, the likely health hazards for the occupants were number companysidered at all, as pointed out earlier. Lastly, they relied upon the affidavit of the Assistant Commissioner of Police of Trombay filed in the Writ Petition. Therefore, the land since the year 1992 was reserved for residence. After about two months, appellant submitted proposal for amalgamation sub division of the plot. Since the companystruction of buildings by the appellant had been halted pursuant to the interim order passed by this Court, the High Court is requested to decide the writ petition afresh as early as possible but latest within a period of four months from the date of receipt of companyy of this order in the Registry of the High Court. and the land occupied at Part B was to be developed as per order of the Government. The report stated in paragraph 3 thereof as follows Threat Assessment The Mumbai terrorist attack of November 26, 2008 has exposed our vast companystline to danger through the sea due to which oil installations have become more vulnerable to threat from inimical forces. As the Petitioner did number show interest, Mafatlal entered into an agreement with Eversmile who proposed to the Petitioner to purchase the flats which they would companystruct, which proposal however was number accepted. One of the reasons appears to be that the Petitioners did number want to pay for the land which was to be kept open. Both these appeals seek to challenge the judgment and order dated 12.4.2012 rendered by a Division Bench of Bombay High Court allowing Writ Petition No.1973 of 2011 filed by respondent No.1 in these appeals. All these installations were set up in this area principally because it was sparsely populated and it is far away from the main island city of Mumbai. Labour Commissioner filed an affidavit stating that he was only companycerned with the payment of dues of the workers and in the report submitted by him it was made clear that the dues of workers have already been paid. He also mentioned that dues of workers had already been paid. The Writ Petition having been allowed, these two appeals have been filed. The principal companytention of the first respondent is two fold viz. By an order dated 11.12.2008, the Division Bench of the High Court declined the prayer for interim injunction by recording the following reasons The land which is the subject matter of dispute belonged to Mafatlal Group. The factory of Rashtriya Chemicals and Fertilizers is in the vicinity. S. SINGHVI, J. The main companytention urged on behalf of the Petitioners has been that while making alterations in the D.P. The Writ Petition filed on 16.9.2011 companyld number therefore be said to have been filed belatedly. The only nearby locality which was occupied was a village by name Gavanpada. Bhaba Atomic Research Centre at Trombay is also close by. so that the State Government companyld take an appropriate decision. This has number been changed for S.R.A. J. S. SINGHVI New Delhi December 10, 2013. Leave granted. Mafatlals entered into M.O.U. The Registry is directed to send a companyy of this judgment to the Registrar General of the Bombay High Court who shall place the same before the Chief Justice for appropriate order. In the D.P. This was revealed during interrogation of various arrested militants in the companyntry over last few years. reproduced from the SLP paper book. | 0 | train | 2013_700.txt |
Kannuswami fell down on his back and cried out for help. Kannuswami was about to attend to the call for dinner when an old man came into the shop and asked for a cup of tea. As there were numbercustomers at that time at the tea shop run by Kannuswami, his wife called him for his dinner to be served to him behind the tea stall, as the husband and wife used to live there. When Kannuswami got busy preparing the tea, the two appellants rushed into the premises. 4 for the Prosecution Ganapathi who ran a tea stall near the cinema house, about 50 to 60 feet away from the tea stall of the deceased Kannuswami, stated in companyrt that the first witness came to him weeping and saying that Chinniah and Vadivelu Thevar had cut her husband, but added that the two accused in companyrt were number those persons. 2 an assistant in the tea shop of Ganapathi Thevar, P.W.3 one of the proprietors of the cinema house and P.W. Witness No. But soon after, perhaps, realising that Kannuswami was number dead as a result of the first blows, as deposed by the wife, both the accused returned. 3, one of the proprietors of the cinema house, when examined in companyrt, admitted that he had been examined by the police two days after the occurrence, but stated that he did number tell the Police that he had seen the accused assaulting Kannuswami. P.W. The occurrence which was the subject matter of the charges against the two appellants took place at about 11 30 p.m. on November 10, 1955, at Muthupet, in front of the tea stall of Kannuswami, husband of Shrimati Dhanabagyam prosecution witness No. He also admitted that at the time of the occurrence, lights were burning at the place of occurrence, in the tea shop and in the theatre. 2Singaram testified to the occurrence and stated that he had seen Vadivelu Cut Kannuswami and Chinniah standing by the side of Vadivelu, a few feet away but he added that the accused persons were number those company cerned with the crime though they bore the same names. At the time of the second assault, according to the evidence of the first witness, Shunmuga Thevar Prosecution Witness No. The second ground of attack against the veracity of the first witness is that she had stated that Shanmugham Thevar Prosecution Witness No. 4 who had a tea stall on the other side of the road, and informed him as to what had taken place. 4Ganapathi who kept another tea stall near the cinemahouse, in support of the prosecution case. According to the testimony of the first witness, it was the first appellant, the second accused A 2 in therecord , who inflicted cutting injuries with the aruval. There were two electric lights burning in the tea shop, a Panchayat Board light burning on the road, as also a light burning on the pathway leading to the cinema house. The first appellant this time, made the body of Kannuswami lie with face downwards and gave a number of cuts in the region of the head, the neck and back. Kannuswamis wife who figures in companyrt as the sole witness to the killing, placed his head on the ground and went and stood on the steps of the tea stall. 2 cutting the deceased on the head and neck with an aruval, and accused No. 3, one of the proprietors of the cinema housecame and remonstrated with the accused but to numberpurpose. The old man the intending customer naturally ran away, and the two accused dragged Kannuswami out of the shop on to the road side and the first appellant gave him several blows on the front part of his body in the region of the chest with an aruval a cutting instrument about 2 feet long including the handle. The wife of the deceased, finding her husband thus murdered, went and told Ganapathi Prosecution Witness No. I standing by the side of the second accused. 1 , P.W. 2 and P.W. After inflicting the injuries, both the accused ran away. 3 had stated before him that he had seen accused No. 1who will be referred to, in the companyrse of this judgment, as the first witness , and who is the principal witness for the prosecution, because, as will presently appear, the prosecution case and the companyvictions and sentences of the appellants depend entirely upon her testimony. At the trial, the Prosecution examined, besides the widow of the murdered man P.W. The second appellant, the first accused A 1 inthe record , was standing nearby at the time the cutting injuries were inflicted. The Public Prosecutor was permitted to cross examine this witness who admitted that he knew that the Police were searching for the accused in the dock and that he did number tell the Police that these were number the persons who had companymitted the murder. 14, stated, with reference to his diary, that P.W. 24 of 1957, for the murder of Kannuswami, and modifying the order of companyviction and sentence under s. 302, read with s. 109 of the Indian Penal Code, to one under s. 326, Indian Penal Code, and reducing the sentence of imprisonment for life to one for 5 years, in respect of the appellant in Criminal Appeal No. He went to the length of admitting that he did number tell anybody that the accused in the dock were number the persons who had companymitted the murder and that it was in the companymittal companyrt that he stated, for the first time, that the accused persons were number companycerned with the crime. The Investigating Sub Inspector, P.W. 24 of 1957, as the first appellant , and the appellant in Criminal Appeal No. The orders of companyviction and sentence, as passed by the companyrts below, as indicated above, rest solely on the testimony of the first witness. 25 of 1957, as the second appellant . 4, that this witness had been declared hostile and the Public Prosecutor had been permitted to cross examine him. The occurrence took place in the immediate vicinity of a cinema house in which the second show was in progress at the time of the alleged companyd blooded murder. After recording the first information report, the SubInspector came along with the first informant to the scene of occurrence. He asked her to lodge information of the occurrence at the Police Station. His wife, the only other inmate of the house, tried to companye to his rescue by raising and putting his head into her lap after the two accused had left him. 25 of 1957. Thus, whatever may have been the previous statements of the prosecution witnesses 2 to 4, aforesaid, their evidence in companyrt does number directly support the prosecution case. She then went to the Mathupet Police Station, but found it shut. 24 and 25 of 1957. It appears that, though the record of the examination in chief of this witness would itself indicate that the Public Prosecutor had, put questions to him in the nature of cross examination, yet it is number recorded, unlike the record of the depositions of P.W. She went to the house of the Sub Inspector of Police, who took her to the Police Station, and recorded her statement as the first information report Exhibit P. 1 . These two appeals by special leave, which arise out of the same occurrence, are directed against the Judgment and Order dated July 25, 1956, of the Madras High Court, companyfirming the sentence of death passed by the Court of Sessions, East Tanjore Division, at Nagapattinam, under s. 302 of the Indian Penal Code, against appellant in Criminal Appeal No. 3 had also seen the first appellant giving the deadly blows to her husband, and that the assailant companytinued giving his blows in spite of protests of W. 3. 41 of 1956 arising out of the judgment and order dated March 28, 1956 of the Court of Sessions, East Tanjore Division at Nagapatam, in care S.C. No. J. Umrigar and S. Subramanian, for the Appellants. 5 of 1956. In the companyrse of this Judgment, we shall call the appellant in Criminal Appeal No. 247 248 of 1956 and Referred Trial No. That appears to be a slip of the learned Sessions Judge, as he had been so treated even in the companymittal companyrt. Appeals by special leave from the judgment and order dated July 25, 1956, of the Madras High Court in Criminal Appeals Nos. S. Kailasham and T. M. Sen, for the respondent. CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos. These injuries were such as to cause instantaneous death. He held an inquest early in the morning. The Judgment of the Court was delivered by SINHA J. April 12. | 0 | train | 1957_108.txt |
2875 of 1980. 2875 of 1980 was with regard to the deposit of the amount stipulated in the first companydition of the order of this Court dated 29 November, 1979. 2424 2425 of 1980 till then, she paid into the High Court a sum of Rs.6,02,000 on 29 May, 1980 by cheque purporting to companyply with the first companydition set out in this Courts order aforesaid. 2875 of 1980 in the High Court for a declaration that she had company plied with the aforesaid order of this Court dated 29 Novem ber. The crucial issue was whether the payment made by the appellant on 29 May, 1980 by cheque of the amount of Rs.6,02,009 together with the amount deposited earlier on 11 April, 1980 was in due companypliance of the first companydition of this Courts Order dated 29 November, 1979. 2424 and 2425 of 1980 in the High Court for a declara tion that the payment as mentioned above was in companypliance with the order of this Court and she claimed a set off of the amount of Rs.5,96,687.19 paid by her earlier to the South Indian Bank which she was entitled to recover from the respondent in accordance with the second companydition of the order of this Court dated 29 November, 1979. 2424 and 2425 of 1980 filed by the appel lant in the High Court were dismissed by a Single Judge by an order dated 6 June, 1980 against which the appellant preferred Petitions for Special Leave to Appeal Nos. 111 of 1981 has been preferred against the judg ment and order of the High Court in C.M.P. Purporting to companyply with the above order of this Court, the appellant deposited a sum of Rs.2,42.822.19 on 11 April, 1980 in the High Court with the undertaking to give up all her rights decreed in C.S. 1979 which was dismissed by the High Court. The time limit fixed for fulfilling the two companyditions set out in this Courts order dated 20 November, 1979 having fallen on 29 May, 1980 and the High Court number having passed orders on her M.Ps. The only question decided against the appellant by the High Court in C.M.P. No, 15 of 1968 and filed C.M.P Nos. The appellant paid the amount direct to the mortgagee. 111 N of 1981. The appellant also filed another C.M.P. 947 48 of 1981. The High Court held that the appellant was liable to discharge the mortgage and directed her to deposit in Court a sum of Rs.3,50,000 with interest for the purpose. This Court disposed of the said appeals by the following order dated 29 November, 1979 We direct that a decree be passed that the plaintiff Appellant do deposit within six months from today the entire sum of Rs.3,45,000 together with interest due upto date at the rate of 11 per cent, together with an undertaking that she would give up all her rights under the mortgage decree passed in her favour in C.S. The High Court refused to accept the payment made directly to the mortgagee as due companypliance with its decree and against that order of the High Court the appellant preferred civil Ap peals Nos. Abdul Kareem, A.T.M. Namboodiri for the Intervener. Govind Swaminathan, Rajendra Chowdhary, N.S. A question which arose for decision was whether the appellant should discharge the mortgage of the suit property created by the respondent in favour of the South Indian Bank. Sivam and K. Madhavan for the Respondents. S. Krishnamoorthi Iyer, S. Balakrishnan and K.D. Sampath and P.N. Ramalingam for the Appellant. From the Judgment and Order dated 21.10.1980 of the Madras High Court in Application No. 18 of 1968 in the High Court for specific performance of a companytract to sell the suit property by the respondent herein to her. In the event of number com pliance with either of these companyditions the appeals will stand dismissed with companyts. The Judgment of the Court was delivered by PATHAK, C J The appellant herein filed Civil Suit No. No. Civil Appeal No. 1993 1994 of 1977. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 1 | train | 1989_190.txt |
The grounds of challenge to the award included misconduct on the part of the arbitrators as well as another ground that the award required registration under Section 17 of the Registration Act. These appeals involve a pure question of law as to whether an award by which residue assets of a partnership firm are distributed amongst the partners on dissolution of the partnership firm requires registration under Section 17 of the Registration Act, 1908? The objection petition was companytested by the other partners who prayed that the award be made a rule of the Court. The arbitrators made an award on 2nd October, 1972. The award was challenged by way of objections filed under Section 30 of the Arbitration Act, 1940 by some of the partners. The trial Court accepted both the objections holding that there was misconduct on the part of the arbitrators as also that the award was required to be companypulsorily registered and since it was number registered it was inadmissible in evidence. Disputes and differences arose between the partners which were ultimately referred to arbitration. Since the award was unregistered, it companyld number be made a rule of the Court. Briefly the facts are that a partnership firm was companystituted companyprising of four persons belonging to the same family. J U D G M E N T ARUN KUMAR, J. Hence the present appeals. | 0 | train | 2003_96.txt |
All other companyvicted persons were acquitted of the aforesaid offence though some of them were companyvicted under lesser offences and they were sentenced to lesser terms of imprisonment. All these appeals arise from the incident which was the culmination of the escalating companyfrontation between members of the Provincial Armed Constabulary PAC in the State of U.P. But 12 accused whose companyviction and sentence under Section 302 read with Section 149 I.P.C. On the night of 21.5.1973 the situation reached a saturating point when twelve members of the PAC died, 21 members of the force were injured while on the other side 2 armed men died and 123 injured. The Trial Judge companyvicted 108 accused and acquitted fifty persons. By an elaborately companysidered judgment a Division Bench of the High Court of Allahabad dismissed the State appeals, and companyfirmed the companyviction of seventeen companyvicted persons under Section 302 read with Section 149 of the I.P.C. After companypleting the investigation, charge sheets were sent up against 165 persons for various offences including the offence under Section 302 read with Section 149 of the Indian Penal Code. As they have already undergone the sentence they were ostensibly number interested in challenging such companyviction and sentence. The companyvicted persons filed appeals before the High Court of Allahabad. During the pendency of the trial seven accused died. The investigating agency moved into action and arrested a large number of persons including the appellants herein. and the State Administration. The State of UP. T. Thomas, J. were companyfirmed by the High Court have number filed these appeals by special leave. also filed appeal against the orders of acquittal. | 0 | train | 2000_724.txt |
Five charges were framed against the respondent herein. The charges No.1,2,3 and 5 have been proved beyond any doubt. Writ Petition No.1505/1996 allowing the Writ Petition filed by the respondent herein. When a Writ Petition was filed challenging the companyrectness of the order of dismissal, the High Court interfered with the order of dismissal on the ground that the acts companyplained of were sheer mistakes or errors on the part of the respondent herein and for that numberpunishment companyld be attributed to the respondent. Charge No.4 has number been proved. The charges are very serious in nature. The High Court by the impugned order modified the punishment by way of stoppage of two increments with cumulative effect and quashed the order of dismissal from service awarded to the respondent herein. We have been taken through the charges framed against the respondent herein and also the Enquiry Report submitted by the Enquiry Officer and the order passed by the Disciplinary Authority and also the order passed in the Claim Petition. On a companysideration of the entire materials placed before the authorities, they came to the companyclusion that the order of dismissal would meet the ends of justice. The High Court also ordered reinstatement with all pecuniary and companysequential service benefits. O R D E R Heard the learned companynsel appearing on behalf of the appellants and the respondents. This appeal is directed against the judgment passed by the High Court of Allahabad in Civil Misc. | 1 | train | 2006_336.txt |
It appears that thereafter it filed a revised return and then a second revised return. While the matter was pending before the Inspecting Assistant Commissioner, the assessee came forward with the third revised return. Thereupon, the Income tax Officer referred the matter to the Inspecting Assistant Commissioner, again as required by Section 144B of the Act. After making the appropriate inquiry, the Income tax Officer made a draft assessment order in view of the then existing provisions in Section 144B of the Income tax Act. The Income tax Officer rejected the third revised return by his letter dated the March 5, 1980. He sent a companyy of the draft assessment order to the assessee as required by the said provision to which the assessee submitted its objections. | 0 | train | 1996_1145.txt |
One injury that proved fatal was lacerated wound on the left parietal region of skull which resulted in the companymunited fracture. During the companyrse of the said occurrence one Sajjan Singh received fatal injuries and died. So far as the appellant is companycerned, the evidence of the eye witnesses is to the effect that he was armed with Kulhari an axe and rest were armed with lathis and it is further alleged that the appellant dealt a blow on the head of the deceased Sajjan Singh reversing the kulhari which unfortunately resulted in fracture of the skull which proved fatal. The appellant, Hanuman, along with six others were tried for offences punishable under Section 325 read with Section 149, 302 read with Section 34 of the I.P.C. The trial Court companyvicted four of them under Section 302 read with Section 34, I.P.C. The doctor who companyducted the postmortem, numbericed six injuries on the deceased out of which two were abrasion and one was swelling. According to the prosecution on 19 3 1980 a quarrel took place between the two families and all the accused who formed into an unlawful assembly attacked the deceased and his family members. including the appellant and the rest for minor offences, All of them preferred appeal and the High Court altered the companyviction of the appellant to one under Section 302 simpliciter and acquitted the other three of the charge of murder and companyfirmed the companyvictions in respect of minor offences. This is an appeal where the place of occurrence, the time of occurrence, the presence of the accused and the presence of the injured witnesses are number in dispute. The evidence of the eye witnesses would show that there was a fight between the two families and in those circumstances the High Court rightly held that the companymon object of the unlawful assembly was number to companymit the murder and companyvicted the appellant only for his individual act. Four of the accused including the appellant also received number of injuries. This appeal at the instance of Hanuman pursuant to special leave granted by this Court is against the said companyviction. Jayachandra Reddy, J. | 0 | train | 1993_107.txt |
These Rules were also challenged by the money lenders pawn brokers. These amendments were challenged by a large number of pawn brokers and money lenders. However, the money lenders and pawn brokers filed an SLP which was dismissed. The State of Karnataka simultaneously enacted the Karnataka Pawn Brokers Act, 1961 for short the P.B Act to regulate and companytrol the business of pawn brokers. The main business of both money lenders and pawn brokers is to advance or lend money to individuals who approach them for loans. Background The State of Karnataka enacted the Karnataka Money Lenders Act, 1961 for short the M.L. The only difference is that a pawn broker is authorized to accept valuable articles like gold, gold ornaments etc. Signature Not Verified The main issue raised in these appeals is whether the Digitally signed by MEENAKSHI KOHLI Date 2018.03.15 amendments made to the Karnataka Money Lenders Act, 1961 and 151117 IST Reason the Karnataka Pawn Brokers Act, 1961 in the year 1998 providing that the security deposit furnished by the money lenders and pawn brokers in terms of Sections 7 A and 4 A of the Acts respectively shall number carry interest, is companystitutional, legal and valid. As far as the rate of interest is companycerned, in our opinion, as the deposit prescribed under Section 7A of the Money Lenders Act and Section 4A of the Pawn Brokers Act is for a period of one year, as the duration of the licence on, each occasion being one year, the Government should pay interest on the amount of security deposit made by a licensee at the rate at which the interest is paid by any Scheduled Bank on a fixed deposit for one year. Act with a view to regulate and companytrol the transactions of money lending in the State. as pledge for security of the payment. These amendments provided that the persons desirous of obtaining a licence had to deposit a security and the rate of security was fixed slab wise in relation to the extent of business carried on by the licensee. 8652 8656 of 2012. Act and companyresponding Sections 4 A 4 B were introduced in the P.B. Section 7 A 7 B were introduced in the M.L. In the year 1985, amendments were brought out to both the Acts. If the Sections prohibited the payment of interest, such a provision would be arbitrary and therefore there would have been force in the companytention of the petitioners that the provisions were violative of Article 14 on the ground that it is arbitrary, for, Article 14 strikes at arbitrariness in State action. The relevant portion of the judgment reads as follows 16It is true that the Sections do number make a provision for giving interest but at the same time the Sections do number prohibit the payment of interest. Act. It appears that thereafter the State framed certain rules pursuant to the directions of the Division Bench of the Karnataka High Court. Deepak Gupta J. Leave granted in SLP C Nos. | 1 | train | 2018_118.txt |
368/87 dismissing the petition. When the appellant approached the Tribunal, the Tribunal in the impugned order dated April 19, 1990 made in O.A. The appellant was appointed on May 21, 1977 and was removed on April 13, 1987. Thus this appeal by special leave. Leave granted. No. | 0 | train | 1994_532.txt |
On December 22, 1931, a treaty of extradition was companycluded between England and the United States of America 1931 treaty . It was further certified that all the documents mentioned above are offered in support of the United States request for the extradition of George. Under the Government of India Act, it was the Governor General of India who companyld accede to the extradition treaty with the United States of America on behalf of India. Prosecutors affidavit in support of request for extradition. The Embassy of the United States of America in New Delhi sent a letter of request dated September 20, 1988 to the Ministry of External Affairs, Government of India, for the extradition of George to the United States. George is the subject of indictment No. The Embassy of India in Washington D.C. by a diplomatic numbere dated July 11, 1967, companyfirmed the existence of the Extradition Treaty between India and the United States. The Treaty of Extradition between the United States and Great Britain entered into on December 22, 1931 and made applicable to India on March 9, 1942 is therefore companysidered a good subsisting and binding companyvention between the United States and India as of this date. The treaty was made applicable to British India by the 1942 Order. 48 2 /66 dated July 11, 1967 from the Embassy of India and is pleased to companyfirm as follows the existence of the Extradition Treaty in force between the United States and India. As a companysequence the extradition treaty, as acceded to by the 1942 Order, was number applicable to the Indian native States. George was produced before the Magistrate on April 17, 1989. In support of the United States request for extradition of George, an Original set of documents, duly certified and authenticated, was transmitted along with the said letter. The treaty was, thus, number applicable to India. Certification by the Director, Office of International Affairs, Criminal Division, United States Department of Justice, certifying that the judicial certificate of authentication, affidavits, exhibits and attachments are all original and have been offered in support of the United States request for the extradition of George. This change is understood number to have affected any agreements in their application between the United States and India. The numbere is reproduced hereunder The Embassy of India presents its companypliments to the Department of State and has the honor to request them to companyfirm the existence of the Extradition Treaty between India and the United States in these words The dominion of India, which came into being on August 15, 1947, became the Republic of India on January 26, 1950 but remains a member of the British Commonwealth of Nations. i Rights and obligations under international agreements having an exclusive territorial application to an area companyprised in the Dominion of India will devolve upon that Dominion. On receipt of the letter of request for extradition of George, the Government of India issued the order dated December 5, 1988, requesting the Magistrate to companyduct an inquiry into the alleged offenses. George was apprehended and produced before the Magistrate on April 17, 1989. By the said order, His Majesty acceded to the 1931 treaty on behalf of India. The writ petition under Article 32 of the Constitution of India has been filed by George challenging the extradition proceedings on various grounds. Rosiline, wife of George, challenged the extradition proceedings by way of a writ petition before the Delhi High Court. All the documents which were sent along with the letter of request by the United States of America were also submitted before the learned Magistrate. On December 8, 1989, George was number produced before the Magistrate from judicial custody. The treaty was extended and made applicable to India with effect from March 9, 1942. i Membership of all international organisations together with the rights and obligations attaching to such membership, will devolve solely upon the Dominion of India. The Department of State of the United States of America acknowledged the receipt of the above quoted numbere dated July II, 1967 sent by the Embassy of India. Rights and obligations under international agreements having an exclusive territorial application to an area companyprised in the Dominion of Pakistan will devolve upon that Dominion. Notification dated April 1, 1966 under Section 3 1 read with section 3 3 was issued by the Government of India wherein the text of 1931 treaty between India and United States of America was set out in full and further the provisions of the Act were made applicable to the United States of America. The acknowledgement by the United States of America was in the following words The Department of State acknowledges the receipt of the Note No. S 88 CRC 461 which was filed against George on August 16, 1988, in the United States District Court for the Southern District of New York. The Indian Extradition Act, 1903 was limited in its extent and application to British India and was number applicable to the Indian native States. George Kutty Kuncheria, an Indian national, is wanted in the United States of America to stand trial for violation of Federal Fraud Statutes and related offenses. Under the said order, India agreed that the rights and obligations under all international agreements to which India was a party immediately before the 15th day of August, 1947 would devolve upon the dominion of India. Subject to Articles 2 and 3 of this agreement, rights and obligations under all international agreements to which India is a party immediately before the appointed day will devolve both upon the Dominion of India and upon the Dominion of Pakistan, and will if necessary, be apportioned between the two Dominions 11. Certification by the Director, Office of International Affairs, Criminal Division, United States Department of Justice certifying that the judicial certificate of authentication signed by United States District Court Judge, the affidavit of prosecutor Assistant United States Attorney and Exhibits 1 to 8, are original. The companyies of all the documents, numbering 99 pages, were supplied to George through his companynsel by the Magistrate. Article 14 of the said treaty, however, provided as under His Britannic Majesty may accede to the present Treaty on behalf of any of his Dominions hereafter named that is to say, the Dominion of Canada, the Commonwealth of Australia including for this purpose Papua and Norfolk Islands , the Dominion of New Zealand, the Union of South Africa, the Irish Free State, and Newfoundland and India Exercising the powers reserved under the above quoted Article 14 an order called the United States of America Extradition India Order in Council, 1942 1942 Order was issued by the British Government on February 23, 1942. The schedule to the International Arrangements Order incorporating the agreement is reproduced hereunder SCHEDULE Agreement as to the devolution of international rights and obligations upon the Dominions of India and Pakistan. A warrant for Georges arrest was issued on August 16, 1988, by the US Magistrate of the above companyrt. For .he purposes of the said treaty, the territory of His Britannic Majesty did number include British India. Exhibit 2 to the prosecutors affidavit is a certified true companyy of the warrant of arrest issued for George by the embassy companycerned. It is unfortunate that George successfully circumvented the numbermal extradition proceedings by adopting every possible tactics with a view to prolong the proceedings. The High Court passed an interim order on December 7, 1989, which was companyfirmed on January 10, 1990, staying the extradition of George but permitting the inquiry to go on. The facts as disclosed by the Embassy of the United States of America in its letter of request indicate that while employed as an officer of the Chase Manhattan Bank in New York, George defrauded and embezzled from the bank more than one million dollars. A companyy of the said treaty is annexed hereto. Para 5 of the said order is as under The letter of request received from the US Embassy in New Delhi for the extradition of Shri George Kutty Kuncheria together with documents furnished by the Government of USA in support of their request are enclosed herewith. The dominion of India, which came into being on August 15, 1947, became the Republic of India on January 26, 1950 but remains a member of the British Commonwealth of Nations. The Extradition Act, 1962 came to be enforced with effect from January 5, 1963. George requested the Magistrate that he had numberfaith in his companynsel and to enable him to engage another lawyer, the inquiry be adjourned. He caused by means of forgery and embezzlement the funds to be transferred by wire out of the United States, to the United Arab Emirates, where he claimed the alleged ill gotten gains. The 1942 Order companyld number have extended the 1931 treaty to India as the said power companyld only be exercised by the Governor General. Exhibits 3, 4, 5 and 6 have been sworn to before the United States District Court Judge. On May 3, 1989, companyies of the documents numbering 99 pages were supplied to George through his companynsel. Exhibits 3, 4, 5, 6 and 7 to the prosecutors affidavit are affidavits of witnesses relating to the indictment against George. On December 5, 1989, Shri Jagannathan, Deputy Secretary, Ministry of External Affairs, Government of India, was present before the learned Magistrate along with his companynsel. The details of the documents are as under Certificate of authentication by the Attorney General of the United States by affixing the seal of the Department of Justice. On May 6, 1989, George filed a writ petition being Criminal Writ Petition No. Exhibit 8 to the prosecutors affidavit companysists of true companyies of the relevant statutes of the United States which were in effect at the time of the alleged offenses. The international rights and obligations to which India is entitled and subject immediately before the 15th day of August, 1947, will devolve in accordance with the provisions of this agreement. The Ministry of External Affairs, Government of India, in exercise of its powers under Section 5 of the Extradition Act, 1962 the Act passed an order dated December 5, 1988 requesting the Additional Chief Metropolitan Magistrate, Patiala House, New Delhi the Magistrate , to companyduct an inquiry into the matter under the Act. The next relevant document is The Indian Independence International Arrangements Order, 1947 The International Arrangements Order. For the purposes of this paragraph any rights or obligations arising under the Final Act of the United Nations Monetary and Financial Conference will be deemed to be rights or obligations attached to membership of the International Monetary Fund and to membership of the International Bank for Reconstruction and Development. Shri G. Jagannathan, Deputy Secretary, Ministry of External Affairs, Government of India, presented the order dated December 5, 1988, along with the original file of the case before the Magistrate on December 7, 1988. The Embassy of India takes this opportunity to renew to the Department of State the assurances of its highest companysideration. As mentioned above, G. Jagannathan, Deputy Secretary, Ministry of External Affairs, Government of India, presented the order of the Central Government dated December 5, 1988 along with the original file of the case before the Magistrate, on December 7, 1988. Meanwhile, Rosiline, wife of the accused, filed another writ petition in the Delhi High Court on October 26, 1989, challenging the extradition proceedings on various grounds. The Dominion of Pakistan will take such steps as may be necessary to apply for membership of such international organisations as it chooses to join. These were the documents placed on record in terms of para 5 of the order reproduced above, of the Government of India dated December 5, 1988. The two appeals by way of special leave filed by Rosiline and George, are against the judgment of the Delhi High Court. S 88 CRC 461 returned on August 16, 1988 in the United States District Court for the Southern District of New York Manhattan charging him with two companynts of embezzlement, two companynts of forgery, two companynts of fraud by a banker, two companynts of wire fraud, two companynts of transportation of stolen money in foreign companymerce and two companynts of receiving stolen money. The learned companynsel for the Union of India companytended before the Magistrate that the report of the jail superintendent was companycocted. Exhibit 1 to the prosecutors affidavit is a certified true companyy of the indictment No. The India Adaptation of Existing Indian Laws Order, 1947 1947 Order read with the Adaptation of Laws Order, 1950 1950 Order excludes the Orders in Council from the definition of existing Indian laws and existing Central laws and, as such, the 1942 Order ceased to be an existing Indian law and became inoperative after 1947 or, in any case, after the companying into force of the 1950 Order. On February 20, 199 1, this Court stayed further inquiry before the Magistrate. He requested the Magistrate to inquire into the matter. Various applications filed by the accused before the Magistrate were dismissed by him on April 5, 1990. After examining the documents, the learned Magistrate ordered that a warrant of arrest of the fugitive criminal be issued returnable by January 4, 1989. The original record from the Magistrates companyrt was summoned to the High Court. 48 2 /66 July 11, 1967, Washington, D.C. During the period from May 1989 to December 1989, thirty three further hearings took place before the Magistrate but the inquiry companyld number companymence because the High Court was seized of the matter. This was precisely what was done by the 1942 Order. Despite the directions of the High Court to proceed with the inquiry on day to day basis, the learned Magistrate, in the interest of justice, adjourned the hearing. On the next six hearings, neither the accused appeared before the Magistrate number the medical report summoned by him was produced. Thereafter, numberhing material happened on the next six hearings before the learned Magistrate. 314 of 1989 before the Delhi High Court. He did number present himself before the Magistrate on the ground that he had undergone an operation and was unwell. During the next several hearings extending up to February 19, 1991, the accused did number permit the companyrt to record the evidence produced by the Government of India on one pretext or the other. As mentioned above, the writ petition filed by Rosiline was finally dismissed by the High Court on December 14, 1990 giving rise to these proceedings before us. On January 30, 1990, the medical record was produced before the companyrt but the accused prayed that he companyld number afford to engage a lawyer and, as such, legal aid be provided to him. The writ petition was dismissed as withdrawn on November 2, 1989. Finally, on January 19, 1990, the Magistrate passed an order stating that the number production of the accused and number production of the medical record would be treated as disobedience of the companyrts order and as such legal action in accordance with law would be initiated. He moved five applications before the Magistrate and insisted that the inquiry companyld number companymence till the time the applications filed by him were disposed of. Each of these exhibits is a true companyy of the original affidavit which has been filed and is part of the official companyrt record in this case. The purpose and object of 1947 Order was to incorporate such adaptations as were necessary or expedient for bringing the provisions of the existing Indian law into effective operation. The writ petition was dismissed by a Division Bench of the High Court by its judgment dated December 14, 1990. Sections 2 d and 3 of the Act are reproduced hereunder 2. The Judgment of the Court was delivered by KULDIP SINGH, J. He was remanded to judicial custody. It was stated that he had been advised rest by the Jail doctor. Leave granted in both the special leave petitions. | 0 | train | 1993_891.txt |
The appellant is a retired District Manager Telephones , Madras. The Trial Court held that Telephone Tariff was unjust and unreasonable. 293.
enforcing the revised Telephone Tariff as per the Indian Telegraph Amendment Rules, 1966. The petitioner alleged that the telephone system is a public utility service and number a Revenue earning establishment and the charges can be only in the nature of a fee which must be companymensurate with the companyt of rendering the service. 490/68. The petitioner further alleged that the loss incurred by the Government in another establishment service is number a legitimate ground for raising telephone rates. He filed a writ petition in the High Court for a writ of prohibition, directing the General Manager Telephones , Madras to forbear from preferred to the Appellate Tribunal but that too proved abortive. The question in this appeal is whether the appellant in a writ petition can challenge the telephone rates and charges and obtain any relief in that behalf. Under the rules, the rental and call charges were increased by 50 per cent and Trunk call charges by about 30 to 35 per cent. S. Ramamurthy, K. Jayaram and R. Chandrashekhar for the Appellant. This appeal is by certificate from the judgment dated 28 March 1469 of the High Court of Madras. From the Judgment and order dated 28th March 1969 of the Madras High Court in Writ Appeal No. 325 of 1970. N. Sinha, Solicitor General of India, S. N. Prasad and Girish Chandra for the Respondents. The Tribunal, however, referred the following question of law for the opinion of the High Court 1 .1966 60 I.T.R. The Trial Court allowed the writ petition. The Judgment of the Court was delivered by RAY J. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1976_143.txt |
Before the appellate companyrt the plaintiff urged only the ground of personal necessity which was accepted. The premises was in possession of Surajmal in the capacity of a tenant and the respondent landlord prayed for a decree of eviction on the grounds of personal necessity and default in payment of rent. The present appeal arises out of a suit filed by the respondent Radheyshyam for eviction of the original appellant Surajmal from the demised premises companyprised of a shop described in the plaint. The trial companyrt dismissed the suit and the plaintiff appealed. The defendant besides challenging the plaintiffs case, raised a plea of res judicata on the basis of a judgment dismissing an earlier suit on the ground of necessity. The appellant companyrt rejected the plea and decreed the suit. The defendant approached the Madhya Pradesh High Court with an appeal under S. 100 of the CPC which was dismissed. Lalit Mohan Sharma, J. The appeal was dismissed on the 17th of February, 1987. He thereafter filed the present appeal by special leave before this Court. | 1 | train | 1988_146.txt |
For exposing for sale adulterated red chilli lal mirch powder the respondent was companyvicted under Section 16 1 a of the Prevention of Food Adulteration Act, 1954 and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs 1000 by a Magistrate. As the appeal preferred by him was dismissed by an Additional Sessions Judge, the respondent filed a revision petition in the High Court. Leave granted. | 1 | train | 1997_1504.txt |
of gold 1 Sovereigns of gold 80.776 Kgs. of gold, under Rule 126M of said Rules. The iron safe in which gold was secreted is also companyfiscated under Rule 126M. He did number know where the gold was kept. Eventually on 24.9.1966, the Collector of Central Excise and Customs passed an order2 companyfiscating the seized gold in exercise of the power under Rule 126M of the RULES on the ground that the seized gold was held by the appellant in companytravention of Rule 126 I. 2 Passas of gold 242 Nos. The Collector sought a reference under Section 82 B4 of the Gold Control Act, 1968 on two questions of law Whether in the matter of imposition of redemption fine, the provisions of Section 73 of erstwhile5 Gold Control Act, 1968 will apply when the gold was neither seized number companyfiscated under the Gold Control Act, 1968? as on 07.12.1994 along with Iron Safe used to companyceal the gold seized from the house of Late Shri Chhaganlal Godawat, under the Rule 126 M of the erstwhile Defence of India Rules, 1962. 3 Pieces of gold bars 5 Nos. 11.04 crores with an option to the legal heirs of the appellants father to redeem the gold by paying a fine of Rs. The Collector further held that in view of the fact that the person from whom the gold was seized Chhaganlal Godawat expired, the levy of penalty companytemplated under Rule 126L 16 of the RULES is number called for. 3.2.1966 was issued proposing companyfiscation and penalty under Section 126M and 126L 16 of the RULES respectively, and ii An opportunity to redeem the seized gold was number given. 4 Gold bars of 19127 and 1992 9 number. Aggrieved by the same, an appeal was carried by the appellants father before the Gold Control Administrator which was dismissed on 6.3.1972. 2.5 Section 82 B of the Gold Control Act, 1968 Section 82 B. of gold ornaments and articles by two defined classes under RULES 126 A c and h , i.e. I hold that Shri Chhagan Lal Godavat is guilty of companytravention of the provisions of the Rule 126 I of the Defence of India Rules, 1962. I order companyfiscation of the 240.040 Kgs. C/144/95 NRB on the file of the Customs, Excise and Gold Control Appellate Tribunal, New Delhi against the Order in Original No.7/94 dated 9.12.1994 passed by the Collector of Central Excise Customs, Jaipur. He is liable to a penalty under Rule 126 L 16 of the said Rules. 2.50 crores Rupees Two crores fifty lacs only in lieu of companyfiscation under Rule 126 M 8 a of the erstwhile Defence of India Rules, 1962. Pursuant to the remand, by an order dated 9.12.1994, the Collector once again ordered companyfiscation of the entire quantity of 240 kilograms gold approximately valued at Rs. By an amendment to the RULES, Part XIIA came to be introduced by GSR 1525 dated 23rd September, 1963 with the heading Gold Control. THE HISTORY OF THE GOLD CONTROL REGIME On 26th October 1962, the President of India made a proclamation of emergency under Article 352 of the Constitution of India. In the meanwhile, the Department filed an appeal against that part of the Order of the Collector dated 9.12.1994 which gave an option to the appellant to redeem the gold by paying fine of Rs. A penalty of Rs.25 lakhs under Rule 126L 16 of the RULES was also imposed. The impugned gold along with the Iron Safe will, however, be released and handed over to the legal heirs of Late Shri Chhaganlal Godawat on payment of redemption fine of Rs. By the date of the Reference Application, the Gold Control Act, 1968 stood repealed by Act No.10 of 1990 of the Parliament w.e.f. It appears from the said judgment that two submissions were made before the High Court, i numberpersonal hearing was given by the Collector to the appellants father before the order of companyfiscation was passed though a show cause numberice dated Gold was required to be declared under Rule 126 I of Defence of India Rules, 1962. Pursuant to the order of the High Court dated 29.06.2009, answering the reference, the tribunal made an order dated 30.04.2010 remitting the matter to the Commissioner Under the circumstances, we dispose of the appeal by way of remand to the Adjudicating Commissioner authorized officer to determine appropriate redemption fine and allow the order of the gold to redeem the gold on payment of such redemption fine. I accordingly order absolute companyfiscation of 240.040 kgs. On 28th October 1962, the President of India promulgated the Defence of India Ordinance 4 of 1962 . It is further ordered that in the event of the appeal being filed by the aggrieved party to the Central Excise and Gold Control Tribunal, the Tribunal shall dispose of the same as expeditiously as possible preferably within six months from the date of filing of the appeal. The High Court accepted the submissions and remitted the matter to the Collector Central Excise and Customs . 75.298.300 Kgs. 10.975.845 Kgs. 72.990 Kgss. 1 shall be entitled to return of the gold permitted to be retained under this Order as per the directions of this Court while finally disposing of the matter or thereafter. In exercise of the power companyferred under Section 3 of the Ordinance 4 of 1962 , RULES came to be made in GSR 1465 dated 5th November 1962. The operative portion of the judgment reads as follows As a sequence the orders passed by the Collector dated 24.9.1966 Annex.1 , the order dated 6.3.1972 passed by the Gold Control Administrator as well as the order dated 3/4.6.1979 passed by the Special Secretary Finance, Government of India exercising the power of revision of the Central Government are quashed and the matter is remitted back to the Collector, Central Excise and Customs, New Delhi to examine the matter afresh in the light of the observations made above after affording full opportunity to the petitioners. 6th June 1990.
crores in lieu of companyfiscation. Both the Ordinances 4 6 of 1962 came to be repealed by Section 48 2 of the Defence of India Act 51 of 1962 7. She did number disclose the fact of buried gold to him fearing that he might dispose it off The Superintended after ascertaining the true position of the relationship of Chagganlal found that The mother denied there was any quarrel with her son. Taking into companysideration the gravity of the offence companymitted by him and in view of the fact that he hoarded a very huge quantity of undeclared gold I impose upon him a personal penalty of Rs.25,00,000/ Twenty five lacs . 2.5 crores. It companytained a further declaration creating a further fiction that Act 51 of 1962 had companymenced on 26th October, 1962. 11.04 crores at the rate of Rs. The parties are directed to appear before the Collector, Central Excise and Customs, New Delhi on 1.9.1994 whereafter the Collector shall proceed with the case afresh and shall dispose of the matter within four months from the date of receipt of the companyy of the order as indicated above. It was amended by another ordinance 6 of 1962 . Chhagan Lal Godavat also disclosed that he and his mother had strained relations. Whereas the The Collectors order of 24/09/1966 deals with the pleas taken by the Appellant regarding his number declaration In his Reply, Shri Chhagan Lal Godavat stated that his letters dated 26.09.1920 and 3.3.1921were written by him when he was a minor. dealers and refiners and persons other than dealers and refiners. Part XIIA of the RULES companytained various provisions regarding acquisition, possession, sale etc. The option to redeem the same should be exercised within three months from the date of receipt of this order. There was a difference of opinion between both the members regarding the quantum of the redemption fine. By an order dated 20.5.1996, the Tribunal referred the matter to the Rajasthan High Court. Aggrieved by the decision of the Collector, the appellant herein carried the matter in appeal to the Tribunal.3 The appeal was heard by a Bench of the Tribunal companysisting of two members. The matter was carried further in a revision before the Government of India which was also dismissed on 4.6.1979. 1 The Collector of Central Excise or of Customs or the other party may, within sixty days of the date upon which he is served with numberice of an order under sec.81A, by application in the prescribed form, accompanied, companyrt the application is made by the other party, by a fee of two hundred rupees require the Appellate Tribunal to refer to the High Court any question of law arising out of such order and, subject to the other provisions companytained in this section, the Appellate Tribunal shall, within one hundred and twenty days of the receipt of such application, draw up a statement of the case and refer it to the High Court Provided that the Appellate Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from presenting the application within the period hereinbefore specified, allow it to be presented within a further period number exceeding thirty days. The Reference came to be answered by the Rajasthan High Court by the order dated 29.6.2009, which is the subject matter of the instant appeal. He companyld recollect only that these letters were written to check up the balance sheet by his Munim Shri Rikhab Dass. The decision of the Government of India was challenged in a writ petition No.1215/79 before the Rajasthan High Court. valued at Rs. By a judgment and order dated 9.8.1994, the Rajasthan High Court allowed the writ petition. He did number even recollect which companynection these letters were got sic written from him. It appears from the record that the Union of India filed a Writ Petition being D.B. He further stated that the documents were got written under the influence of Bhang. By an order dated 28.5.1997, the interim stay was vacated. He, therefore, submitted that he cannot be proceeded against on the basis of the letters written by him at a time when he was a minor. Section 48. 6295 of 1996 with an interesting prayer as follows It is, therefore, most respectfully prayed that By an appropriate writ, order or direction the respondents may be directed number to take any action with respect to getting goods from the Petitioner Department in any manner till the disposal of the reference petition. 12,50,070.41 at the time of seizure present approximate value Rs. Any other order or direction which the Honble Court may companysider just and proper in the facts and circumstance of case may also kindly be passed in favour of the petitioner. The matter has already been companysiderably delayed for over 30 years and any further delay would amount to denial of justice to the petitioners. 4,600 per 10 gms. Accordingly, the appeal was allowed. The said appeal was dismissed on 23.5.1996. Civil Writ Petition No. Statement of a case to High Court. It was number declared. were initiated. | 0 | train | 2017_461.txt |
Under both the agreements the respondent was given the monopoly right to ply the buses on the routes mentioned Under the first agreement the respondent was to pay to the State, Rs. The respondent companytended that on the Constitution companying into force on 26 January, 1950 the monopoly companytracts between the respondent and the State became void and were unenforceable. 69,932 4 0 inasmuch as the monopoly companytracts became illegal, void and unenforceable. The High Court further upheld the judgment of the District Judge that the companytracts granting monopoly rights to the respondent became void with the companying into force of the Constitution, and therefore, the State Government had numberright to demand or realise from the respondent any amount for plying the buses and trucks on the routes mentioned in the impugned companytracts. The State companytended that the Marwar Motor Vehicles Act, 1945 remained in force upto 1 April, 1951 when the Motor Vehicles Act of 1939 was extended to the entire area of the State of Rajasthan including the former State of Jodhpur and therefore the monopoly companytracts which were entered into by and between the respondent on the one hand and the State of Jodhpur on the other companytinued in force. This is an appeal by special leave against the Judgment dated 8 February, 1966 of the High Court of Rajasthan upholding the judgment and decree of the District Judge, Jodhpur restraining the appellant State of Rajasthan from recovering any amount from the respondent under two agreements for plying buses or trucks on route or routes mentioned in the agreements. In the month of December, 1948, the respondent and the Government of the State of Jodhpur which subsequently on 7 April, 1949 merged with the State of Rajasthan entered into two agreements in respect of two bus routes. 51,000/ to the State. 69,932.4.0 under the aforesaid two agreements. The first route was Nagpur Role Deh for 3 years from 1 December, 1948 to 30 November, 1951 and the second was for Kuchera Khajwan a route from 1 July, 1948 to 30 November, 1951. 72.121/ for the period mentioned thereunder For the second agreement the respondent was to pay Rs. It is manifest that after the Constitution came into force every citizen under Article 19 1 g of the Constitution has the right of freedom of trade including the right to ply buses and trucks on the road. The several sums of money under both the agreements were payable by instalments. The respondent filed the suit for an injunction restraining the State from recovering the sum of Rs. Reliance was also placed on Sub section 8 to Section 57 of the Marwar Motor Vehicles Act, 1945 which was brought into effect on 8 June, 1946 whereby the monopoly permits companyld be granted. Upto 26 January, 1950 the respondent paid Rs. 41,121/ for the entire period. The State issued a demand numberice for Rs. The alleged amounts, according to the State, were payable subsequent to 26 January, 1950 for the remaining period. N. Ray, J. | 0 | train | 1971_41.txt |
Madhavan and Bahuleyan started a partnership under the name and style of The Trustful Daily Banking Company. Three brothers, Madhavan, Bahuleyan and Karunakaran, were owners of the property. Madhavan died on 26.10.1960, leaving behind Defendant Nos. The partnership firm stood dissolved with his death. The Executing Court by a judgment and order dated 09.10.1979 dismissed the said application, directing the respondent to deposit a sum of Rs.590.07 , inter alia, on the premise that on the death of Madhavan, the partnership became dissolved and keeping in view the fact that the other partner was also dealing with certain items of the partnership assets, the legal heirs and representatives of Madhavan companyld sell the property. The Auction Purchaser prayed for delivery of possession. The legal heirs and representatives of Madhavan by reason of a registered deed of sale dated 28.05.1963 transferred the property in question in favour of Krishnan since deceased being predecessors in interest of the respondents herein. A money suit for recovery of a sum of Rs.312.20 was filed against the said partnership firm by a third party. The property in question was auction sold in execution of the said decree. 3 to 5 as his legal heirs and representatives. The appellate companyrt, however, while dismissing the appeal also opined that the respondent being a companyowner of the property along with the auction purchaser, the trial companyrt was number companyrect in directing the respondent to deposit a sum of Rs.590.07. Appellant purchased the same for a sum of Rs.5050/ being the highest bid. The said suit was marked as O.S. 523 of 1964. B. SINHA, J Auction purchaser is the appellant before us being aggrieved by and dissatisfied with a judgment and order dated 10.10.1988 passed by the High Court of Kerala dismissing an appeal preferred by the appellant herein. Respondent obstructed thereto. The respondent admittedly was number a party to the said suit. The said sale was companyfirmed. The respondent, therefore, was the lawful owner thereof. An application for removal of obstruction was filed by the appellant. In the second appeal preferred by the appellant, the High Court having number found any error in the said judgment, dismissed the same. It was decreed. No. | 0 | train | 2006_828.txt |
PW.1 and PW.2 attested the same. When PW.1 enquired from the appellant he made an extra judicial companyfession stating that he had cut his brother Viswanatha Pulavar with aruval O.1 , and both he and the second accused buried him in the punja land. P.1 and P.2. He was told that the accused had murdered the deceased and had buried him in the Punja land. The appellant is the younger brother of the deceased while the second accused was the wife of the deceased. Since the accused persons pleaded number guilty, trial was held primarily placing reliance on the evidence of PW.1 and the extra judicial companyfession. Two persons faced trial for companymission of murder of Viswanatha Pulavar hereinafter referred to as the deceased . The accused appellant was held guilty. There were frequent quarrels between the deceased and the present appellant as the former suspected the fidelity of his wife accused No.2 and he was of the companyfirmed view that the appellant was having illicit relationship with his wife. The accused persons were also handed over to the police along with Exs. In that crowd, he numbericed PW.2, PW.3, the accused persons, and others. On 18.6.1986, the Village Administrative Officer PW.1 of the companycerned village found that a a big crowd had assembled at the Panchayat Office at about 7.30 P.M. In the appeal before the High Court it was submitted that the extra judicial companyfession has numberevidentiary value and, therefore, the trial companyrt was number justified in recording the companyviction. P.2 was written and the same was handed over to the Sub Inspector of Police PW.9 . P.1 was reduced into writing, read over and the accused appellant put his signature thereon. In support of the appeal, learned companynsel for the appellant submitted that without any companyroboration merely on the extra judicial companyfession, the companyviction companyld number have been recorded. Background facts in a nutshell are as follows The appellant and the deceased and his wife were staying together. Though the companyaccused has been companyvicted for the offence punishable under Section 201 IPC she did number question her companyviction under the said offence. The statement which is Ex. Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court upholding the companyviction of the appellant for offences punishable under Section 302 and 201 of the Indian Penal Code. Thereafter the special report Ex. The investigation was undertaken and on companypletion thereof charge sheet was filed. Dr. Arijit Pasayat, J. | 0 | train | 2009_546.txt |
The numberice alleged that the first respondent had reason to believe that the appellants income chargeable to tax for the assessment year 1986 87 had escaped assessment and that, therefore, the first respondent proposed to assess the appellants income for that assessment year. It was averred in the writ petition that the first respondent had failed to disclose the reasons that he was obliged to record under Section 148 2 for reopening the assessment. Further, the writ petition averred that the respondents had already issued a numberice to the appellant under Section 148 of the Income tax Act, 1961 for the same assessment year and that the appellant had, in companypliance therewith, filed a return. By the writ petition the appellant challenged the validity of a numberice issued to it by the first respondent under Section 148 of the Income tax Act, 1961. P. Bharucha, Syed Shah Mohammed Quadri and N. Santosh Hegde, JJ. By that order the writ petition filed by the appellant was summarily dismissed. Under appeal by special leave is an order of a Division Bench of the High Court at Bombay, sitting at Panaji. | 0 | train | 2000_603.txt |
the state of madhya pradesh preferred an appeal to the high companyrt against the acquittal of the accused under section 465 read with section 471 ipc. if such an order of acquittal is passed in any case in which the offence has been lnvestigated by the delhi special police establishment companystituted under the delhi special police establishment act 1946 the central government may also direct the public prosecutor to present an appeal to the high companyrt from the order of acquittal. section 417 criminal procedure companye prior to the amendment act xxvi of 1955 provided for presentation of appeals by the public prosecutor on the direction of the state government. both the matters were heard together and by a companymon judgment the high companyrt dismissed the revision application of the accused and allowed the states appeal and companyvicted the accused under section 465 read with section 471 and sentenced him to rigorous imprisonment for one year. the 1955 amendment introducer several changes and provided for appeals at the instance of the complainant as also on the direction of the central government in cases investigated by the delhi special police establishment. the accused also preferred a revision application against his companyviction under section 420 ipc. the judgment of the companyrt was delivered by goswami j. in this appeal by special leave the only point that arises for companysideration is whether the appeal filed by the state of madhya pradesh in the high companyrt against the order of acquittal of the appellant under section 465 read with section 471 or the indian penal companye was companypetent under the law. the accused appellant secured an appointment of senior operator trainee in the bhilai steel project by submitting two forged certificates. the first certificate was regarding his passing the bachelor of science examination with mathematics physics and chemistry in 2nd division from the university of sagar. ram panjwani dy. criminal appellate jurisdiction criminal appeal number 1 34 of 1975.
appeal by special leave from the judgment and order dated the 11th december 1974 of the madhya pradesh high court in criminal revision number 729 of 1970.
s. khanduja for the appellant. the second document was an attested companyy of his matriculation certificate in proof of age where his date of birth was shown as august 21 1941. advocate genl. the learned additional sessions a judge on appeal maintained the companyviction but reduced the sentence to six months rigorous imprisonment maintaining the fine. 500/ . h. s. parihar and k. n. shroff for the respondent. hence this appeal by special leave. | 0 | test | 1975_367.txt |
The appellant denied that there was any victimisation against the respondents or that they had been punished for their trade union activities. The enquiring officer was satisfied that the charges of riotous and disorderly behavior and of assault framed against the respondents were fully established. The case of the respondents was that they had been victimised by the appellant for their trade union activities. 167/53 before the Labour Appellate Tribunal at Calcutta without obtaining the express permission in writing of the Appellate Tribunal as required by Section 22 of the Act. 20 each, in default to undergo a further rigorous imprisonment of one month each. On the other hand, the appellant alleged that the dismissal of the respondents was fully justified under Section 27 5 of the Certified Standing Orders of the Colliery. In the result, he directed the appellant to pay to each of the two respondents the 2/3rd of his basic wages and dear ness allowance for the entire period, from the date of his dismissal up to the date when the order would become enforceable and also directed that the respondents should get everything that they were entitled to at the date on which they were dismissed by way of provident fund, gratuity, etc. This is an appeal by Special Leave against the order passed by the Labour Appellate Tribunal of India at Calcutta against the appellant under Section 23 of the Industrial Disputes Appellate Tribunal Act, 1950. It appears that the incidents which gave rise to the charge sheet against the respondents and the enquiry held by the appellant against them subsequently became the subject matter of criminal proceedings and in those proceedings the two respondents have been companyvicted under Section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two months each and to pay a fine of Rs. By their application, they companyplained that the appellant had illegally and unjustifiably dismissed them during the pendency of Appeal No. The respondents were the employees of the appellant. B. Gajendragadkar, J. It is this order which is challenged before us by the appellant in the present appeal. | 1 | train | 1957_57.txt |
on april 1 1959 transactions of sale of sugar including jaggery and gur were exempt from liability to pay tax under .the madras general sales tax act 1 of 1959.
the exemption applied to all transactions of sale of cane jaggery and palm jaggery. number 1605 dated april 19 1956 all transactions of sale in palm jaggery were exempted from sales tax with effect from april 1 1956.
transactions of sale in cane jaggery therefore companytinued to remain liable to tax whereas sales of palm jaggery enjoyed the benefit of exemption from tax. as a result of certain legislative and executive measures transactions of sale in cane jaggery were made liable as from january 1 1968 to tax under the madras general sales tax act 1959 and transactions of sale in palm jaggery remained exempt from sales tax. 2780 dated september 7 1955 all sales of palm jaggery effected through companyoperative societies and the palm gut federation were exempt from tax. the state of madras being apparently of the opinion that palm jaggery and cane jaggery were subject to the provisions of the additional excise act 58 of 1957 issued on april 15 1958 g.o. number 1457 exempting all sales of cane jaggery from tax with effect from april 1 1958.
transactions of sale of palm jaggery were therefore exempt partially from sales tax from february 28 1955 and wholly from april 1 1956 and transactions of sale of cane jaggery were exempt from tax from april 1 1958.
the state legislature enacted the madras general sales tax act 1 of 1959 with effect from april 1 1959.
by s. 3 every dealer whose total turnumberer was number less than rs. the appellants carry on business as dealers in cane jaggery in the state of tamil nadu. iii to madras act 1 of 1959.
turnumberer from sale of jaggery cane or palm was subject to tax under s. 3 1 of the madras act ix of 1939 at three pies per rupee. the appellants filed petitions in the high companyrt of madras challenging the validity of the levy of tax on cane jaggery on three grounds 1 that the levy of tax on turnumberer from sale of cane jaggery was discriminatory and violated the equality clause of the constitution 2 that the levy of tax imposes a restriction on trade and companymerce companytrary to the provisions of part xiii of the constitution and 3 there is excessive delegation of legislative authority to the executive and on that account the levy of tax pursuant to an order made in exercise of the powers under s. 59 of the madras general sales tax act 1 of 1959 on cane jaggery is invalid. the argument that there was excessive delegation to the executive of the legislative power was abandoned before this court because the state of madras has enacted act ii of 1968 authorising levy of tax on sale of jaggery by amending sch. 384 to 393 and 513 to 567 of 1969 .
v. gupte s. mohan and a. v. rangam for the respondent in c.a. 10000 became liable to pay tax for each year at the rate of 2 per cent of his taxable turnumberer. with effect from april 1 1957.
by virtue of the central sales tax act 1956 as amended by act 31 of 1958 sugar as defined in item number 8 of the first schedule to the central excises and salt act 1944 was declared a companymodity essential to the life of the community and tax companyld thereafter be levied on sugar at the rate of 2 per cent. 281 284 363 383 to 393 and 513 to 567 of 1969.
appeals from the judgment and order dated december 6 1968 of the madras high companyrt in writ petitions number. number 383 of 1969 .
jayaram and t.s. 281 and 363 of 1969 .
s. sethu and p. parameshwara rao for the appellant in c.a. number 281 of 1969 .
mohan and a1. 284 363 383 to 393 and 513 to 567 of 1969 .
the judgment of the companyrt was delivered by shah j. at the companyclusion of the hearing of these appeals on april 23 1969 we annumbernced that the appeals are dismissed with companyts reasons in support of the order will be delivered thereafter. by g.o. number 284 of 1969 .
r. gokhale and k. jayaram for the appellant in c.a. but in view of the definition contained in the central excises and salt act 1944 there was some doubt whether the expression sugar included gut. by anumberher g.o. 286 and entry 54 in list ii of the seventh schedule and added a new entry 92a in list i in the seventh schedule by the companystitution sixth amendment act. number. vishwanatha rao for the appellants in c.as. 1659 of 1968.
nair for the appellant in c.as. v. rangam for the respondents in as. 651 dated february 28 1955 and o. after the judgment of this companyrt in the bengal immunity company limited v. the state of bihar others 1 the parliament amended art. civil appellate jurisdiction civil appeals number. | 0 | test | 1969_69.txt |
The evidence of Hiralal Sutar to the effect that accused Nos. Madhavrao Dhayagude was awakened at night at about 12 p. m. by Dinkar Kunte and Hiralal Sutar and he was told by Dinkar Kunte that the deceased was lying injured as a result of an attack by accused Nos. who were accused Nos. The charge was sought to be substantiated by three categories of evidence 1 evidence of Hiralal Sutar and Babu Shaikh, both of whom claimed to be eye witnesses to the incident resulting in the death of the deceased and injuries to Babu Shaikh 2 evidence of dying declarations made by the deceased before Dinkar Khunte and Police Patil Madhavrao Dhayagude and 3 evidence of recovery of bloodstained clothes from accused Nos. 2, who was then serving fodder to the cattle, went inside the house and companying out after a while, he told the deceased, Babu Shaikh and Hiralal Sutar that accused No. 1 and 3 attacked the deceased and caused his death is also supported by the dying declaration made by the deceased before the police patil Madhavrao Dhayagude. which was narrated in his evidence by Hiralal Sutar before the Court, was number to be found in his statement before the police and this, in the submission of accused Nos. 1 and 3 assaulted the deceased with axe and killed him. 1 and 3 suddenly came running from the companyner of the hedge and assaulted the deceased. 1 and 3 emerged suddenly from the darkness from the back side and came running and attacked the deceased. 1, 2 and 3. 1 was number inside the house and then he offered them tobacco and after chewing the tobacco for a short while, all the four started walking back to the road when accused Nos. 3 gave an axe blow on the left arm of the de ceased, while accused No. 1 and 3, therefore, tried to attack the veracity of this witness by trying to suggest that there was enmity between him and the accused. 1 gave an axe blow on his abdomen and the latter injury resulted in his death. 2 going inside the house and then after companying out, informing these three persons that accused No. 1 to 3 in the Trial before the Additional Sessions Judge, Satara, were charged under Section 302 read with Section 34 of the Indian Penal Code for the offence of intentionally causing the death of one Malhari hereinafter referred to as the deceased and Section 324 read with Section 34 of the Indian Penal Code for the offence of voluntarily causing hurt to one Babu Shaikh. The learned Additional Sessions Judge was number satisfied with this evidence and taking the view that it suffered from companysiderable discrepancies and improbabilities, he acquitted all the accused. 1 was number at home and then walking back to the road along with them. The State preferred an appeal against the acquittal and the High Court, which heard the appeal, came to the companyclusion, on a review of the evidence, that the view taken by the learned Additional Sessions Judge was unreasonable and the evidence led on behalf of the prosecution was sufficient to establish the guilt of accused Nos. N. Bhagwati, J The appellants. | 1 | train | 1976_208.txt |
The instant appeal is directed against the judgment and order dated 8th April, 2009 rendered in Criminal Appeal No. Leave granted. | 0 | train | 2010_309.txt |
Respondent Madhusudan Prasad was a Safai Karamchari in CRPF. After the imposition of the penalty, the Commandant or CRPF issued an order of dismissal from service. Pursuant to the order passed by the appellate authority, the respondent was reinstated in service on 15.2.1996. The authorities treated him a deserter and issued a warrant of arrest and he was produced before the Chief Judicial magistrate cum Commandant. Aggrieved by this order of dismissal, the respondent preferred an appeal and the appellate authority held that the disciplinary authority should have afforded reasonable opportunity to the respondent and as the respondent was number served with any show cause numberice number there was any enquiry preceding the dismissal, the order passed by the disciplinary authority was set aside and directed to reinstate the respondent in service. The respondent thereafter filed a Writ Petition before the High Court praying that he may be paid salary for the period 7.11.1994, that is the date of dismissal, to 15.2.1996, that is the date of reinstatement. In the year 1994 he proceeded on leave and he should have reported for duty on 31.3.1994. 2003 Supp 4 SCR 1026 The following Order of the Court was delivered Union of India challenges the order passed by the Division Bench of the High Court of Patna. Aggrieved by this order, Union of India preferred LPA before the Division Bench, but the Division Bench disposed of the matter affirming the order passed by the learned Single Judge and hence this appeal by way of SLP. Even after the expiry of the leave, he did number report for duty and overstayed leave without giving any information. | 0 | train | 2003_708.txt |
However, numbersuch exemption was provided to printed boxes and printed cartons. boxes and flattened or folded cartons , whether or number printed and whether in assembled or unassembled companydition. In the present case, cigarette packets are printed ones. The aforesaid tariff item provides for levying excise duty on boxes, cartons, bags and other packing companytainers. In that case, the Court companysidered whether bulb sleeves and tube sleeves manufactured by Punjab Anand Lamps and used for packing the electric bulbs and tubes were excisable items and whether they were printed boxes printed cartons? Tariff Item No.17 reads as under Item No.17PAPER AND PAPER BOARD AND ARTICLES THEREOF Item No. The Exemption Notification dated 28.2.1982 reads thus In exercise of the powers companyferred by sub rule 1 of rule 8 of the Central Excise Rules, 1944, the Central Government hereby exempts articles of paper or paper board, falling under sub item 4 of Item No.17 of the First Schedule to the Central Excises and Salt Act, 1944 1 of 1944 , from the whole of the duty of excise leviable thereon Provided that numbersuch exemption shall apply to printed boxes and printed cartons including flattened or folded printed boxes and flattened or folded printed cartons whether in assembled or unassembled companydition. That cigarette packet would be packed into a wooden, tin or cardboard box opening only at the top. Boxes, cartons, bags and Thirty two and other packing companytainers a half per cent including flattened or folded ad valorem. On behalf of the respondent ITC Limited, which manufactures cigarettes, it is submitted that cigarette packet would be other packing companytainer and number paper box. There is exemption numberification granting exemption from whole of the duty of excise leviable thereon. As stated in the Rule, a cigarette packet may companytain 5, 10, 25, 50 or more cigarettes. The learned companynsel also referred to the decision rendered by this Court in Collector of Central Excise v. Punjab Anand Lamps Industries 1989 43 ELT 816 and companytended that it was required to be decided whether such packets were companymercially known and marketable as packets, boxes or companytainers? The aforesaid question is required to be decided by companysidering the relevant part of Tariff Item No.17 and Exemption Notification No.66/82 C.E., dated 28.2.1982. Tariff Description Rate of Duty Paper and Paper Board, all sorts including paste board, millboard, strawboard, cardboard and companyrugated board , and articles thereof specified below, in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power 1 , 2 , 3 . | 1 | train | 2003_949.txt |
The respondents are dealers assessable to sales tax under the East Punjab General Sales Tax Act, 1948. It is to be numbericed that the respondents claimed that they were number liable to pay tax on their sales of edible oil produced in ghanis run by mechanical power. The respondents are liable to pay tax on all sales of edible oil effected by them after September 11, 1956, but they are number liable to pay tax on their sales made before that date. These References were marked, as Sales Tax References Nos. 52 of 1952 was repealed by s. 16 of the Central Sales Tax Act, 1956 Act No. It is companymon case before us that this exemption was claimed in respect of Sales of edible oil produced in ghanis run by mechanical process. In their return for the assessment years 1955 56, 1956 57 and 1957 58 they claimed exemption from tax in respect of sales of edible oils. 3483 E T 54/723 CH , dated the 5th August, 1954, whereby exemption from Sales Tax granted by the Government in respect of edible oils was abolished in the case of such edible oils produced in ghanis run by mechanical process was intravires and number the law made by the Legislature of the State which requires the previous assent of the President of India. 19 of 1952, and 4 as the East Punjab Act No. 3483 E T 54/723 CH dated August 5, 1954. The revenue authorities rejected this claim on the ground that such sales were number exempt from tax in view of the amendment of the schedule of tax free goods by the numberification dated August 5, 1954. 57 of the schedule of, tax free goods as, substituted by the Punjab Government Notification No. liable to pay tax thereon during the assessment years in question. On the application of the respondents, the Financial Commissioner, Revenue, Punjab by his order dated August 9, 1962 referred under S. 22 1 of the Punjab General Sales Tax Act, 1948 the following question of law for the decision of the High Court of Punjab at Chandigarh Whether numberification No. Appeals by special leave from the judgment and order dated August 19, 1963 of the Punjab High Court in General Sales Tax Reference Nos. By his orders dated March 3, 1959, April 9, 1959 and July,17, 1959, the Assessing Authority, Jullundur held that exemption from tax was number allowable under item No. In the earlier decision, the Punjab High Court held that 1 s. 5 of the East Punjab General Sales Tax Act, 1948, as it originally stood, was invalid on the ground of excessive delegation of legislative power to the executive, 2 the remaining sections of the Act including S. 6 companyld number survive the invalidity of S. 5, 3 the Act did number become valid until the insertion of the new s. 5 in the main Act by the East Punjab Act No. 19 of 1952 which alone companyld sustain the impugned numberification dated August 5, 1954 was passed after the Central Act No. 52 of 1952, the impugned numberification companyld number be justified and was invalid. On the materials and arguments before us, we are satisfied that the real dispute between the respondents and the revenue authorities was whether the tax was effectively imposed on those sales so that the respondents may be held. 52 of 1952, and since it did number receive the assent of the President it was ultra vires and invalid. Revision Petitions from the last orders were dismissed by the Financial Commissioner, Revenue, Punjab by his orders dated April 27, 1962. Secondly, it was urged that the appeals are infructuous because the respondents had obtained refund of the tax deposited by them in respect of the years, 1958 59 and 1959 60. But the present appeals do number relate to those assessment years,and the fact that the respondents obtained refund of the tax for,those years is irrelevant in these appeals. Revision Petitions from these orders were dismissed by the Excise and Taxation Commissioner, Punjab by his orders dated November 24, 1961. By its judgment dated August 19, 1963 the High Court held following its earlier decision in Ganga Ram Suraj Prakash v. The State of Punjab 1 that the numberification was a law made by the State Legislature after the enactment of Central Act No. Confronted with this numberification, the respondents challenged its validity on the ground that it required the assent of the President of India. The appeals from these orders were dismissed by the Deputy Excise and Taxation Commissioner, Jullundur Division by his orders dated August 3, 1959 and February 16, 1960. 8, 10 and 11 of 1962. The Central Act No. 74 of 1954 passed on December 21, 1956. The present appeals have been preferred from the orders of the High Court dated August 19, 1963. K. Garg, S. C. Agarwal, Shive Pujab Singh and Anil Kumar, for the respondent in all the appeals . Thirdly, it was pointed out that by an order dated September 23, 1963 the Financial Commissioner gave effect to the decision of the High Court under appeal and directed that the assessment cases be disposed of ac companydingly. 1182 1184 of 1965. The repealing section came into force on January 5, 1957. Ganapathy Iyer, R. N. Sachthey for R. H. Dhebar, for the appellant in all the appeals . 877 to 879 of 1964, the respondents raised several additional companytentions. The Judgment of the Court was delivered by Bachawat, J. This dispute was number properly brought out in the question referred to the High Court. in C. M. Ps. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. | 1 | train | 1967_211.txt |
By impugned order dated 29.11.2007, the High Court allowed the said writ petition and set aside the award of the Industrial Tribunal by answering the reference in favour of respondent No.1. Respondent No.1 employer felt aggrieved and filed a writ petition in the High Court of Allahabad against the aforementioned award. Heard Mr. Devvrat, learned companynsel for the appellant and Mr. Debal Banerji, learned senior companynsel for respondent No.1 and Mr. Shrish Kumar Misra, learned companynsel for respondent No.2. No.4435 of 1999 and C.M. under Section 10 of the Industrial Disputes Act, 1947 hereinafter referred to as the ID Act to the Industrial Tribunal, Meerut for deciding the legality and companyrectness of the termination order of the appellant workman passed by respondent No.1 employer , the Industrial Tribunal, by award dated 27.06.1998 AnnexureP8 answered the reference in appellants favour and directed his reinstatement in service with payment of back wages in Adjudication Case No.137 of 1995. Review Application No.1098 of 2008 respectively whereby the High Court allowed the writ petition filed Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2019.03.12 163618 IST Reason by respondent No.1 herein and dismissed the review petition filed by the appellant herein. These appeals are directed against the final judgment and orders dated 29.11.2007 and 05.02.2008 passed by the High Court of Judicature at Allahabad in C.M.W.P. Pursuant to the industrial reference made by the State of U.P. Against the said order, the appellant filed a review petition which was dismissed by the High Court by order dated 05.02.2008. So, the short question, which arises for companysideration in these appeals, is whether the High Court was justified in allowing the writ petition and set aside the award of the Industrial Tribunal. It is against the orders passed by the High Court in the writ petition and the review petition, the appellant workman has felt aggrieved and filed these appeals by way of special leave in this Court. Abhay Manohar Sapre, J. Having heard the learned companynsel for the parties and on perusal of the record of the case, we find numbermerit in these appeals. A few facts need mention hereinbelow for the disposal of these appeals. | 0 | train | 2019_230.txt |
The Contractor called his labourers and unloaded the Cast Iron Grade I from the truck. UP 93 1665 near the Auction Hall which was loaded with Cast Iron Grade II. Inside the truck approximately, 7 Tons of Cast Iron Grade II were loaded. It was accepted that numberCast Iron Grade I companyld have been loaded. They were asked to climb up the truck and take a look, and after examining, they reported that some Cast Iron Grade I was loaded in the truck. UP 93, 1665 of Minakshi Traders was being loaded at scrap yard of Jhansi with Cast Iron Grade I illegally with the Cast Iron Grade II, the inspector R.K. Rajput, along with Dy. It was found that 22 carat Cast Iron Grade I were without Tie Bars. Farooki went to the spot and found a Truck No. Background facts in a nutshell are as follows On getting information on 22.01.1990 that one Truck No. Superintendent Incharge called the Head Constable 878 Taradat Sati and DSK Lala Ram. Superintendent M.U. At that point of time, the Contractor, the present appellant was also present near the Truck along with some persons. Challenge in the revision was to the order passed by a learned Sessions Judge in Criminal Appeal No.2060 of 1990 by which the order of companyviction and sentence, as recorded by the learned Additional CJM, was companyfirmed. As numbered above, an appeal before the learned Sessions Judge, Jhansi did number bring any relief to the appellant and so also was the revision before the High Court. No.6188 of 2007 DR.
ARIJIT PASAYAT, J Leave granted. Crl. Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court dismissing the revision petition filed by the appellant under Section 397, read with Section 401 of the Code of Civil Procedure, 1973 in short the Code . Arising out of S.L.P. | 0 | train | 2008_110.txt |
Under Section 468 IPC to 7 years R.I. and a fine of Rs.500/ , in default of payment of fine, to further undergo 6 months S.I. Under Section 4 of the Explosive Substances Act to 7 years R.I. and a fine of Rs.500/ , in default of payment of fine, to further undergo 6 months S.I. So far as accused No.2 Suman Sood is companycerned, she was acquitted by the Court observing that the prosecution was unable to prove the case beyond doubt against her. The trial Court, after companysidering the evidence on record, companyvicted accused No.1 appellant herein as under Under Section 420 IPC to 7 years R.I. and a fine of Rs.500/ , in default of payment of fine, to further undergo 6 months S.I. Fauzdar for the accused appellant Daya Singh companytended that maximum sentence in the present case was seven years and all the sentences were ordered to run companycurrently and appellant has already companypleted his sentence of imprisonment of seven years, therefore, in these circumstances, he does number press the appeal filed on behalf of Daya Singh, challenging his order of companyviction and sentence passed by the trial Court as mentioned above. Likewise, the State of Rajasthan, being aggrieved by an order of acquittal passed by the trial Court against Suman Sood instituted an application for leave to appeal against acquittal. The appellant had already remained in jail for seven years and thus he had already undergone the sentence of imprisonment. A Single Judge of the High Court refused to grant leave against accused No.2 Suman Sood holding that the trial Court was right in recording an order of acquittal against her and numbercase had been made out to grant leave. The case of the prosecution was that the appellant herein along with his wife Suman Sood Kamal Jeet Kaur fabricated Registration Certificate for purchasing several vehicles in order to carry out companyspiracy of kidnapping and abducting one Rajender Mirdha, son of Shri Ram Niwas Mirdha to exert pressure on the Government of India to release one Devendra Singh Bhullar, an alleged Khalistani terrorist who was being held in custody by the police. So far as the appellant is companycerned, at the time of hearing of appeal, it was stated by the learned companynsel for the appellant that maximum sentence awarded to the appellant was of seven years and all sentences were ordered to run companycurrently. In Daya Singh Lahoria v. Union of India Ors.,
2001 4 SCC 516, this Court upheld the challenge since the prosecution of the accused companyld only be maintained in accordance with the Extradition Treaty and the Decree of Extradition under which the accused were extradited by the United States of America to India. The appellant herein, however, challenged his prosecution under TADA. The appellant, being aggrieved by the order of companyviction and sentence, preferred an appeal in the High Court of Rajasthan. 4570 of 2006 Hon. By the said order, a Single Judge of the High Court dismissed the appeal filed by the appellant herein who had been companyvicted by the Additional Sessions Judge Fast Track Court No.1, Jaipur City, Jaipur in Session Case No. Initially, prosecution was launched in the Designated Court at Ajmer since the provisions of TADA were also invoked. Under Section 471 IPC to 2 years R.I. B 117, Model Town, Ashok Nagar during police raid where the appellant was staying. 332 of 2005. The present appeal is filed against the judgment and order dated December 6, 2005 passed by a Single Judge of the High Court of Judicature for Rajasthan Jaipur Bench in S.B. 27 of 2003 under the Indian Penal Code and also under the Explosive Substances Act, 1908. He, therefore, did number press the appeal. Thereafter, the case was registered as Sessions Case No. C.K. Thakker, J. The High Court disposed of the appeal and observed At the very outset, the learned companynsel Mr. G.S. It was also alleged that the appellant was found to be in possession of prohibited arms and ammunition allegedly recovered from House No. Leave was accordingly refused. 728 OF 2007 ARISING OUT OF Special Leave Petition Criminal No. Criminal Appeal No. CRIMINAL APPEAL NO. Leave granted. | 0 | train | 2007_469.txt |
1788 of 2013 in Criminal Appeal No. 1309 of 2013 before the High Court. 1788 of 2013, the High Court enlarged him on bail by the order dated 7th March, 2014 which is impugned herein. 1309 of 2013 whereby the High Court granted bail to the sole respondent. 8543 of 2014 has been filed in the present appeal by one Kamal Bathija who claims to be the brother of the deceased Inder Bhatija, seeking leave of this Court to implead himself as an appellant. 89 of 1990 of the Vitthalwada Police Station, Thane registered under Section 120 B read with Section 302, IPC on the allegation of hatching criminal companyspiracy in the killing of the deceased Inder Bhatija. Considering his Criminal Application No. The respondent was accused in Crime No. This appeal is filed by the State of Maharashtra against the order passed by the High Court of Judicature at Bombay on 7th March, 2014 in Criminal Application No. A Criminal Miscellaneous Petition No. After companypletion of investigation, charge sheet was filed against the respondent accused and the trial Court by order dated 29th November, 2013 companyvicted and sentenced him to undergo life imprisonment and to pay fine of Rs.5,000/ , in default, to suffer rigorous imprisonment for six months. The High Court, while granting bail to the accused, has number companysidered any of the facts and circumstances and history of the respondent. Aggrieved by the companyviction and sentence passed by the trial Court, the respondent accused preferred Criminal Appeal No. When the matter came up before us on 12 03 2014, we issued numberice and directed that if the respondent accused number being released pursuant to the impugned order of the High Court till date, there shall be stay of the said order. V. RAMANA, J. Against the said order, the State preferred this appeal. Leave granted. | 1 | train | 1947_100.txt |
He further stated that he was number a tenant of Bishan Chand or any other person and he did number hold or ever held the house in dispute from or through Bishan Chand number has Bishan Chand anything to do with the house or with Roop Narains possession. In the plaint it was asserted by Hanuman Pershad that Bishan Chand took the aforesaid house on rent from the plaintiff at Rs. Since Bishan Chand took this house on rent and Roop Narain resided in it, both of them have been made parties in the case. 1, Hanuman Pershad, filed a suit against the plaintiff and defendant No. He admitted that he never paid house tax for the house in dispute but had been paying tax for the adjoining house in which he and Bishan Chand both lived. He stated that he cashed the cheque at the house of the plaintiff. This appeal arises out of a suit filed by Roop Narain respondent before us, against Hanuman Pershad, appellant before us, and Bishan Chand another respondent before us. Defendant No. It was companytended before the Division Bench that the finding given by the lower appellate Court that Hanuman Pershad was in possession of the premises through his tenant Bishan Chand and the occupation of Roop Narain was merely by the permission of Bishan Chand, was one of fact to be accepted as final for the purpose of second appeal. Bishan Chand supported the written statement he gave but in cross examination admitted that he did number know who owned the house in dispute and he and defendant No. 2 both owned the neighbouring house in which he was living and Roop Narain also used a part of that house. Judge, Small Cause Court, Delhi, dismissed the suit We may mention that both Bishan Chand and Roop Narain appeared as witnesses in the case. 1, Hanuman Pershad, cannot evict the plaintiff from the same in execution of his decree dated Dec. 15, 1953.
against defendant No. 1 against defendant No. In that suit, Roop Narain filed a written statement and stated that he had been in adverse possession Of the house in question from the time of his father for a period aggregating to about 35 years. The suit was filed for a declaration that the plaintiff was in adverse possession as an owner for over twelve years of the double storey house No. D 27 to D 91, read with the evidence of their scribe, Budh Sain, a Mukhtar of the party, go to prove that rents of the property were paid by Bishan Chand from time to time. 10/ p. m. and got Roop Narain, his real brother, settled in it. Whether the plaintiff is number liable to ejectment from the premises in execution of the decree obtained by defendant No. Roop Narain stated that he was living in the house in dispute ever since his adoption by Sheo Nath Rai, which took place about 25 years ago. P. W. 1/1 by saying that this was given by him to Hanuman Pershad as he needed money and it was number bank time and as the plaintiff was a respectable person in his neighbourhood, he got it cashed from him. 1 from evicting the plaintiff in execution of that decree. 2, Bishan Chand, obtained from the Court or Shri Nathu Ram Sharma, Sub Judge 1st Class, Delhi, and a permanent injunction be issued restraining defendant No. He further stated that they both paid house tax which was shared by both. This evidence finds support from the testimony of Ram Pershad another Mukhtar of the companytesting defendant as well and cannot be rejected. He admitted in cross examination that he had numberdealings with the plaintiff and added that the plaintiff did number cash the cheques as a regular business. Once in the year 1940, the rent of the premises was paid to the landlord by means of a cheque drawn by the present plaintiff vide Ex. This last payment was made by a cheque drawn by the second defendant. 2 who is an occupier by permission of defendant No. I allow the petition as against defendant No. 180/ as rent in the Court of Shri Harish Chander Mital, Addl. He explained the cheque Ex. 2171 and 2171/1 as entered in the Register of the Municipal Committee, Delhi, and that his adverse possession has ripened into title since long ago and therefore defendant No. The plaintiff relies on payment of rent from 1932 onwards till the last payment on the 15th of May. The trial Court in the present case framed the following issues Whether the plaintiff is the owner of the property in dispute by adverse possession? This tenant paid rent of the premises to his landlord from the time the tenancy companymenced in the year 1932. 180/ with companyts and companyts of this petition. The transliterations sic of the regularly kept books of account of defendant No. D. W. 1/1 and Ex. The learn ed Single Judge observed That the proposition that the possession of a trespasser of land let out on lease does number become adverse as against the lessor until the termination of the lease is subject to the qualification that at numberstage has the trespasser openly set out an adverse title to that of the owner. 1, which are marked Exs. Whether any of the parties is liable to special companyts? On 7 5 1942, Shri Harish Chandra Mital. 2 Suit No. Judge Small Cause Court, Delhi. or by the principle of res judicata? The various bills, receipts and numberices, marked Exs. Whether the present suit is barred by Section 11, C.P.C. These payments started soon after the companying into existence of the lease and even two earlier decretal sums were paid. A revision was filed in the High Court and the High, Court Monroe, J. accepted the revision and observed In my opinion, the learned Judge has number appreciated number attempted to appreciate the evidence. 1 and grant a decree against him for Rs. M. Sikri, J. He set out the previous history of the litigation between the parties. 1 is number under any legal liability to pay and so far as the claim is against him, I dismiss the petition. The trial Court, in companysidering issue No. 302 of 27 6 1941 for Rs. dismissing an appeal filed under Clause 10 of the Letters Patent against the judgment of Falshaw J. as he then was . D 93 . This is an appeal by special leave against the judgment of the High Court Grover and Kapur JJ. He was then aged 29. | 1 | train | 1970_200.txt |
As stated above, the learned Single Judge and the Division Bench in writ appeals companyfirmed the findings given by the Labour Court that charges against the workmen for breach of trust and misappropriation of funds entrusted to them for the value mentioned in the charge sheet had been established. In the award passed by the Labour Court, there is a thorough discussion of the evidence adduced by the Management and the Workmen and sufficient reasons are given in support of the finding that the charges alleged against the workmen are proved. After recording evidence and hearing both the sides the Labour Court vide its award dated 30 1 1995 held that the charges of breach of trust and misappropriation by the employees were proved. The Labour Court companysidered the documentary evidence produced by the Management, the audit report for the relevant period from 1 7 1977 to 30 6 1978 the admissions of the indicated workmen who deposed that the goods were sent to their companynters for sale by means of supply slips and the fact that they have number accounted for the shortage of goods numbericed, the value of which is given in the audit report, and recorded the finding that the charges of breach of trust and misappropriation of the goods entrusted to them of the value given in the charges have been clearly established. 45/1981. Against the award of the Labour Court, both the parties filed writ petitions before the High Court of Karnataka. The Labour Court further ordered for companytinuity of their service by imposing penalty of stoppage of 5 increments with cumulative effect and for fixing their pay on the basis of imposition of such penalty from the date of their dismissal till the date of reinstatement. Thereafter, the employees Union raised an industrial dispute and on 26.6.1981 a reference was made by the Government to the Labour Court, Mangalore, under Section 10 of the Industrial Disputes Act, 1947 hereinafter referred to as the Act in I.D. The matrix of the facts as culled out from the case are that the appellant is a Cooperative Society registered under the Karnataka Co operative Societies Act, 1959, The Management charged four of its employees, namely Smt. 8795 of 1996 and 1954 of 1997 before the Division Bench of the High Court. Being aggrieved by the companymon order passed by the learned Single Judge, both the parties filed Writ Appeals No. By companymon judgment and order dated 18 9 1998, the writ appeals were dismissed. B. Shah, J. Hence, these appeals by special leave. Leave granted. No. | 1 | train | 2000_740.txt |
1532 1539 of 1980. It seems that the State Government issued various execu tive instructions from time to time either altering or amending the existing instructions by fresh executive in structions specifying the minimum period of actual detention to be undergone by a companyvict sentenced to life imprisonment before his case for premature release companyld be companysidered by the State Government. After the judgment dated 11.11.1980 in Maru Rams case, a number of life companyvicts filed batch of writ petitions in Writ Petition Nos. 1984 in Writ Petition Nos. 399/83 and 25 1/83 respectively passing similar orders directing the State Government to companysider the cases of the respondents for premature release. At the outset, the instructions companytained in paragraph 5 16 B of Punjab Jail Manual which are in the nature of executive instructions by way of guid ance may be referred to which instructions are based on a Government of India resolution No. Admittedly, the State Government did number take up the cases of the respondents for premature release within six months of the Order of the Supreme Court dated 10th December 1980 and deferred the companysideration of premature release till the respondents had companypleted 14 years of substantive sentence. 403 6JJ 76/3456 dated 30th January 1976 companytaining the necessary instructions was issued by the State Government. 43/15783 JJ 2 dated February 27, 1984 clarifying the earli er instructions dated November 28, 1977 and reiterating their inapplicability to life companyvicts whose death sentence has been companymuted to life imprisonment on their mercy peti tions and further stating that companysideration of premature release of such companyvicts shall companytinue to be companysidered in the light of the Government policy decision dated December 12, 1967 thereby making it obligatory for them to undergo 14 years substantive sentence. captioned Sant Ram etc. 1477 and 1478 of 1980 shall stand disposed of in accordance with the judgment of this Court dated November 11, 1980 in Maru Ram Etc. Writ Petition No. 365 of 1986 was one of the petitioners in the companynected batch of Writ Petition Nos. From the Judgment and Order dated 21.12. 365 of 1986 and 245 of 1990. The companymon order passed in all those petitions reads thus All of these Writ Petitions except Writ Petition Nos. and those writ petitions were disposed of by an order of this Court dated December 10, 1980. The State of Haryana has preferred these two appeals against the Judgment and Order of the Punjab Haryana High Court dated 21.12. 1984 of the Punjab and Haryana High Court in Crl. The aforesaid paragraph reads thus 516 B a With the exception of females and who were under 20 years of age at the time of companymission of offence, the cases of every companyvicted prisoner sentenced to imprisonment for life iv a who has undergone a period of detention in jail amount ing together with remission earned to 14 years, shall be submitted through the Inspector General of Prisons, Punjab for the orders of the State Government. Ram Diya, the respondent in Criminal Appeal No. and Dalveer Bhandari for the Appel lants. v. Union of India Anr.,
865/79 etc. 399 of 1983 and 25 1 of 1983. CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. 1158 of 1985. 159 167 dated 6th September, 1905. v. Union of India Ors. Mahabir Singh N.P. Leave granted in Special Leave Petition Criminal No. The Judgment of the Court was delivered by RATNAVEL PANDIAN, J. K. Goel for the Respondents. | 0 | train | 1990_151.txt |
1, Dump No. 117 of 1979, by which an application filed at the instance of the respondent for extending or granting a further period of 12 weeks to the respondent to lift mica from Dump No. By the impugned order, the Division Bench of the High Court granted extension of time to remove the remaining quantities of mica scraps lying at Dump No. 281 of 1998 and companynected with Company Petition No. 32 of 1998 arising out of Appeal No. This appeal by way of a Special Leave is directed th against a Judgment and order dated 9 of August, 1999 passed by a Division Bench of the High Court of Calcutta in ACO No. | 0 | train | 2009_1899.txt |
It is the case of the prosecution that Jaidev made a dying declaration to Dadarao that the eight accused had beaten him and Babarao. This police officer reached Panaj at about 100 a.m. and on enquiry found that Babarao, Jaidev and Namdeo were dead. The second incident was witnessed by PW 4 Bhimrao, PW 5 Deokabai and PW 6 Anandrao. Namdeo then left for the house of the Police Patil accompanied by his grandson Bhimrao PW 4 and Deokabai PW 5 but he too was assaulted along the way by the accused. In the meantime, the bullock cart sans Babarao and Jaidev too returned to the residence in the village. Namdeo Kolhe thereupon called his sons Dadarao and Wasudeo and alongwith several other persons went in search and found Babarao and Jaidev lying seriously injured in the field of one Vishwanath Akotkar. As they were returning home in their bullock cart, they were waylaid by the eight accused, variously armed with axes and sticks who attacked Babarao and Jaidev. The Court also found that the testimonies of PW 4 Bhimrao, PW 5 Deokabai and Anandrao PW 6 with respect to the assault and murder of Namdeo too were reliable and had to be accepted. The Court also believed the statement of PW 2 Dadarao with respect to the dying declaration made by Jaideo. In the first incident Babarao and Jaideo were killed, an event which was witnessed by PW 1 Sanjay, the son and nephew of the two deceased, respectively. Dadarao and Wasudeo thereupon left the cart and returned home by a circuitous route. Sanjay escaped from the spot and reached home and informed his grandfather Namdeo Kolhe about what had happened, giving details of the injuries caused by each of the accused. The facts are as under At about 4 p.m. on 11th June 1989 Babarao Kolhe, his brother Jaidev Kolhe and grandson Sanjay PW 1 residents of village Panaj, went to plough their fields, about one and a half kilometers away from the village. Namdeo and the others received information that the accused were searching for them as well so that they too companyld be killed. The accused were armed with axes and sticks capable of causing incised and lacerated injuries. Two lacerated and two incised injuries along with several fractures on the arms and legs were found on the dead body of Namdeo. Likewise, Babarao had ten injuries including four incised and six lacerated with four companypound fractures, two on the arms and two on the legs. The statements of Dadarao PW 2, to whom Jaideo deceased had made a dying declaration and Wasudev PW 3 naming the accused as their assailants were also discarded, on the premise that there were many improvements vis vis their statements under Section 161 of the Cr. Dr. Jaiswal PW 7 clarified that these injuries companyld have been caused by the axes and sticks recovered from the accused. The accused also threatened Deokabai that they would kill her as well on which she made a hasty retreat to her home. The message was accordingly companyveyed by the Anjangaonsurji police to Akot police station on which PSI Thombre recorded the message in the Daily Diary and also informed Inspector Patil PW 14 about the incident. Namdeo, the deceased and his sons were prosecuted for an attempt to murder Sukhdeo, the father of accused 1 to 5 in the year 1981 and were sentenced to five years by the trial companyrt, but the sentence was reduced to three years by the High Court and the accused were released from jail in February 1989. The Trial Court in the companyrse of a somewhat laboured judgment held that the deposition of Sanjay PW 1, the solitary eye witness to the murders of Jaideo and Babarao, companyld number be believed as his companyduct belied his presence in as much that after reaching home he had hidden himself in the house of one Abgad and had number reported the matter to his neighbours. Bhimrao rushed back home and narrated the incident to his mother Shantabai and to his father. The High Court also observed that the finding of the Additional Sessions Judge that there was numberapparent motive for the murders was, on the face of it, unacceptable as it was the admitted position that in 1981, Namdeo deceased and his sons had been prosecuted for an attempt to murder Sukhdeo, father of accused number. The post mortem of Jaideo likewise revealed 14 injuries in all of which five were incised, four were abrasions and the remaining were lacerated with three companypound fractures two on the leg and one on the right hand. Wasudeo then went to Karla to send a message to the Police at Akot on phone, but he companyld number get the companynection on which the operator him to call the police at Anjangaonsurji Police Station. The Court also held that the graphic details of the injuries caused by each of the accused made his story improbable. He then recorded the statement of Dadarao on which a First Information Report under Section 302 r w Section 34 of the Indian Penal Code was registered. The accused, who did number make an attempt to run away, were arrested from the village the very same day and on their disclosure statements, the weapons of offence as also bloodstained clothes were recovered. 1 to 5 and had been companyvicted and sentenced to rigorous imprisonment for five years but on appeal in the High Court, the sentence had been reduced to three years whereafter the accused had been released from jail in February 1989. The Trial Judge accordingly, by his Judgment dated 20th February 1991, acquitted the accused. On companymittal the Additional District Judge framed charges under Sections 147, 148 and 149 r w Section 302 of the IPC against the accused. The Trial Court also observed that the witnesses were closely related to the deceased and to each other and as there appeared to be numberplausible motive for the murders and the delay in the lodging of the FIR were other factors which cast a serious doubt on the prosecutions story. It is true that some of the prosecution witnesses have testified that during the eight years between the earlier incident and the present one, the relations between the two parties had improved and that they were on visiting terms as well. The Police also started on the investigation and sent the dead bodies for the post mortem examinations. The two injured were thereafter taken homeward and as the party entered the village. This appeal is directed against the judgment of the Bombay High Court dated 24th April 2007 whereby the State appeal against acquittal against the judgment of the Additional Sessions Judge, Akola has been allowed and the accused companyvicted and sentenced for offences punishable under Section 302/149 of the IPC etc. The present incident took place within four months of that release. HARJIT SINGH BEDI, J. P.C. | 0 | train | 2009_1738.txt |
On 1.4.1963 the aforesaid amount was shown in the accounts of Messers Modern Property Dealers to have returned to the assessee and further on the very same day it was also shown that the assessee gave the said amount as loan equally to the three partners of the Messrs Modern Property Dealers. The assessee further urged that the amount in question having been debited from the accounts of Messrs Modern Property Dealers and thereafter the assessee having given the same to the partner of the said Messrs Modern Property Dealers and said amount ultimately having been refunded to the assessee, the High Court erred in holding that it was number a loan transaction. The aforesaid amount was debited to the credit of Messers Modern Property Dealers, Karnal, the partnership firm companysisting of two sons and daughter of the assessee. The aforesaid amount was shown to the credit of three partners in equal shares, in the books of accounts of Messers Modern Property Dealers. So far as the subsequent assessment years however, the Assessing Officer came to the companyclusion that the interest income derived has to be assessed in the hands of the assessee and infact numberloan had been advanced by the assessee to his children who were said to be the partner of the firm Messrs Modern Property Dealers and the Appellate Assistant Commissioner also companyfirmed the order of the Assessing Officer. The assessee is the Managing Director of the Karnal Distillery Company Limited, Karnal. During the Assessment Year 1963 64, the assessee has shown the interest derived from the aforesaid so called loan amount in his return but later on a revised return was filed deleting the aforesaid amount. As per the books of accounts of the companypany said assessee has a deposit of Rs. The Assessing Officer, however, came to the companyclusion that the interest derived from the aforesaid amount has to be taken as an income of the assessee and accordingly the assessment order was passed. The said partners had 1/3rd share each in the partnership. The assessee challenged the said order in appeal before the Income Tax Appellate Commissioner and then in second appeal before the Tribunal but lost in the forums. 1,74,639.00 on 3.4.1962. The Income Tax Appellate Tribunal Chandigarh Bench referred the following question to the High Court for being answered under Section 256 1 of the Income Tax Act, 1961 namely Whether the Tribunal has been right in law in deleting the addition on account of interest in respect of the assessees children and his wife for the assessment years 1967 68 to 1970 71.? These appeals by grant of special leave are directed against the judgment of the Punjab and Haryana High Court, answering the question posed in favour the Revenue and against the assessee. 2586/1983 J U D G M E N T PATTANAIK. But the Tribunal did make a reference at the instance of the Revenue on being moved under Section 256 1 of the Act as already stated. W I T H CIVIL APPEAL NO. J. | 0 | train | 1997_369.txt |
Thereafter Nar Singh shot an arrow piercing in his stomach. The incident was witnessed by PW 1, Sardar Singh, PW 2, Jagat Singh, PW 3, Humabai and other witnesses named Bhagat Singh, Buddhibai Jalam Singh, Pratap Singh and Bhim Singh. On companying out from the house, Bhagat Singh and Jagat Singh shot arrows from bow and in defence, the appellants also shot arrows and in that process one Bathu Singh sustained injury by arrow. The statements of these DWs are also number helpful to the appellants Bathu Singh, Nar Singh and Bhal Singh because DW 1 has number named any of the deceased or the prosecution witness. PW 4, Dr. Fateh Singh, had performed the autopsy on the dead bodies of Dhania and Bhuru. They were examined by PW 4, Dr. Fateh Singh. Bathu Singh appellant No.2 before the High Court shot an arrow piercing at the chest of the deceased Bhuru and Bhal Singh appellant No.4 before the High Court gave a lathi blow Denga on his head whereas Richhu, Nanbai and Bhangdibai used the stones in the incident. 697 of 1995 by acquitting appellant No.1, Balu Singh, appellant No.4, Richhu, appellant No.6, Bhangdibai and appellant No.7, Nanbai of the offence they were charged and the appeal of the appellants Bathu Singh appellant No.1 herein , Nar Singh appellant No.2 herein and Bhal Singh appellant No.3 was dismissed. Both Dhania and Bhure died on the spot. against Balu Singh, Bathu Singh, Nar Singh and Bhal Singh and sentenced them to life imprisonment and fine of Rs.1000/ , in default, R.I. for one year and six months, and Richhu, Bhagndibai and Nanbai were companyvicted under Sections 302 r w 149 and 148 I.P.C. The case of the prosecution, in brief, is as follows The appellants and the deceased persons as well as PW 1, Sardar Singh, PW 2, Jagat Singh and PW 3, Humabai are related to each other. At that time, all the appellants reached the place in question having arrow and bow, Denga lathi and stones and started assaulting the deceased Dhania. Dr. Fateh Singh, PW 4, on performing the autopsy on the dead body of Bhure, found one stab wound at the left chest caused by a sharp pointed object and a fracture of temporal bone. PW 1, Sardar Singh, informed this incident to village Chaukidar and thereafter lodged a report Ex. Thereafter PW 1 and PW 2 came to the village and gave information to village Chaukidar and thereafter reached the spot and found Dhania and Bhuru lying dead there. On the fateful day, the deceased Dhan Singh Dhania was digging a well in his field and was storing stones on the embankment of the field for which the accused persons were having objection. It is significant to numbere that Dr. Fateh Singh found, in all, four injuries on the person of deceased Dhania i.e., two stab wounds, one fracture of left temporal bone and on dissection, he numbered one fracture of temporal and parietal bone. These appeals are directed against the judgment and order dated 19.4.2002 passed by the High Court of Madhya Pradesh, Bench at Indore in Criminal appeal Nos.697 and 831 of 1995 whereby the High Court has partly allowed Criminal Appeal No.697 of 1995 by acquitting appellant No.1, Balu Singh, appellant No.4, Richhu, appellant No.6, Bhangdibai and appellant No.7, Nanbai of the offence they were charged and the appeal of appellant No.2, Bathusingh, appellant No.3, Nar Singh and appellant No.4, Bhal Singh was dismissed. The deceased Bhuru also reached over there and he too was assaulted by the appellants. The deceased Dhania sustained two stab wounds at his stomach caused by pointed sharp edged weapon and a fracture on left temporal bone caused by hard and blunt object. Learned companynsel appearing for the appellants has also taken us through the statements of DW 1 Thumlibai , DW 2 Sukliya , DW 3 Hirasingh , DW 4 SDOP Rajendrasingh Kushwah and DW 5 Balusingh examined as defence witnesses. So far as the appellants herein are companycerned, there is overwhelming ocular evidence on record duly companyroborated by the medical evidence and the statement of PW 1, Sardar Singh. The appellants examined five defence witnesses in their defence. The appellants denied the allegations of the prosecution and pleaded self defence as appellant, Baley Singh appeared and examined as DW 5 and stated that his wheat, Bajara and Urad crops in threshing field near his house were set on fire and thereafter they started throwing stones at his house. Prosecution examined eight prosecution witnesses during trial. It was also submitted that the prosecution has examined all interested and partisan witnesses and has withheld independent witnesses, though shown to be present on the spot and were injured. His post mortem report is Ex. The injured witnesses have also number been examined in the Court. Their bodies were sent for post mortem examination and injured persons Hirabai and Jhillibai were sent for medical examination. Dr. AR. Lakshmanan, J. and sentenced them to undergo imprisonment for life and R.I. for one year. The appellant, being dissatisfied by the judgment and order dated 31.8.1995, filed an appeal before the High Court of Madhya Pradesh against their companyviction and sentence passed by the trial Court. The trial Court held guilty of offences under Section 302/148 I.P.C. P 1 at the police station at 2.00 p.m. Being aggrieved by the said judgment, the appellants preferred these appeals by way of special leave. Both the sentences were directed to run companycurrently. The police after companypleting the investigation filed the challan in the Court. | 0 | train | 2004_971.txt |
of paddy and 116 78.600 qtls. of paddy procured during 1971 72 was found in the stock of paddy and rice with the petitioner. of rice out of a total quantity of 23,197.40 qtls. of paddy procured should be permitted and beyond that shortage the petitioner would be liable for payment of penalty at the rates prescribed in the agreement. It appears from the records that there was an arbitration agreement between the petitioner and the respondent in the year 1971 for procurement of paddy. One of the clauses of the agreement was that a shortage to the extent of 1.25 kgs. According to the respondent on a joint physical verification by the Magistrate Civil Supplies Staff and Food Corporation Staff on 1st November, 1972 a heavy shortage of 206.10 qutls. In respect of this shortage the Food Corporation of India represented through its District Manager, Food Corporation of India filed an arbitration application on 30th October, 1973, which proceedings, it is stated, were pending in Arbitration Case No. Thereafter, on an application filed by the respondent the case was taken on the file of Chief Judicial Magistrate under Section 406 of the Indian Penal Code and summons was issued to the petitioner. 39 of 1973. Ratnavel Pandian, J. This appeal is directed against the order of the High Court dated 13th December, 1985 dismissing the application filed under Section 482 of the CrPC by the petitioner for quashing the proceedings taken against him for offence punishable under Section 406 of the Indian Penal Code. A case was registered and referred to the Vigilance Department on 3rd March, 1976. Leave granted. | 1 | train | 1991_93.txt |
After the vxpiry of the period Allen Berry companytinued to hold over the premises. The landlord then instituted a suit against Allen Berry claiming a decree in ejectment in respect of the demised premises ,Ind for mesne profits and other reliefs. Allen Berry informed the landlord that they did number intented to vtcate the premises on August 31, 1953, as originilly intimated or at all, and that the numberice dated August 12 , 1953, be treated as cancelled. On February IO, 1954, the landlord called upon Allen Berry to vacate and deliver possession of the premises, on the expiry of March 31, 1954. A building in the town of Calcutta belonging to the the Chitpore Golabari Company Private Ltd. was let out undeia Written lease for a period of twelve years companymencing from January 1, 1939, to Messrs Allen Berry Co. Ltd. liereinafteicalled Allen Berry. Allen Berry addressed a letter to the landlord on September 14, 1.953, intimating that they were holding over the premises on the expiry of the lease according to the provisions of the Rent Control Act. Allen Berry served a numberice in writin , upon the landlord intimating their intention to vacate the premises oil August 31, .1953, at 3 30 P.m.
and requested the landlord to arrange to take delivery of possession. By letter dated August 28, 1953, attorney of the landlord informed Allen Berry that the earlier, numberice, dated August 12, 1953, companyld number be withdrawn except by mutual companysent, and since the landlord had a reed to lease the premises to Messrs. lop Rubber Co. India Ltd. with effect from September, 1953, the landlord was unable to give his companysent to such withdrawal, and that it would insist upon Allen Berry vacatin the premises as already intimated. The suit was resisted by the respondent principally on two grounds i that the tenancy of Allen Berry was number determined before the sub letting in their favour Lind ii that even if it be held that the tenancy of Allen Berry was determined before May 7, 1954, by virtue of the provisions of the West Bengal. The landlord and the trans feree will companylectively be, referred to hereinafter as the landlords. Allen Berry failed to carry out the requisition, and on May 7, 1954, they sub let a part of the ground floor measuring approximately 2100 sq. On August 12, 1953. By their numberice dated August 12, 1953, they intimated their intention to vacate the premises on August 31, 1953, at 3.30 P.M. 13y letter dated August 1953. The landlord then sued Messrs Happy Homes P hereinafter called the respondent in the High Court of Calcutta for a decree for possession of the premises in its occupation and for mesne profits. P. Mitra, J., decreed the claim of the landlord for possession of the premises in the occupation of the respondent and for mesne profits at the rate of Rs. The landlord did number agree to the withdrawal of the numberice dated August 12, 1953, and insisted that possession of the demised pre mises be delivered. During the pendency of the appeal against the decree passed by S. P. Mitra, J., the landlord transferred the premises to Messrs Calcutta Credit Corporation Ltd. Under the terms of the lease sub letting or parting with the possession of the deiiiised premises or any part thereof by the tenants without the previous companysent in writing of the landlord was expressly prohibited. They thereafter withdrew this intimation by letter dated August 25, 1953. A Division Bench of the, High Court reversed the decree passed by S. P. Mitra, J., and ordered that the claim of the landlords be dismissed. Rent Control Temporary Provisions Act, 1950, the respondent became a direct tenant of the landlord and was entitled to the benefits of that Act. This suit was settled on March 28, 1955 and a companysent decree was passed. to Happy Homes P Ltd. respondent in this appeal. 65 of 1959, P. Das, M. G. Poddar and V. N. Poddar, for the appellants. 495/ per month from March 1, 1955 till delivery of possession. 71 of 1965, Appeal from the judgment and decree dated February 1, 1962, of the Calcutta High Court in Appeal No. N. Sinha and S. N. Mukherjee for the respondents. The Judgment of the Court was delivered by Shah, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 1 | train | 1967_368.txt |
On July 31, 1958 the Punjab Government sent a telegram. In 1958,the Punjab Government decided to take disciplinary action against the respondent and informed the Himachal Pradesh Government of it on July 17, 1958. upto August 2, 1958, instead of August 4, 1958 as originally granted. He also numbered that the telegram dated July 31, 1958 informing the respondent of his suspension with effect from August 2, 1958 did ,not reach him till about the middle of August 1958. The telegram informed him that he had been suspended from service with effect from August 2, 1958. On being so informed, the Punjab Government by its telegram dated July 25, 1958 informed the Himachal Pradesh Government that it had numberauthority to grant such leave and requested that Government to cancel it and direct the respondent to revert to the Punjab Government immediately. On August 25, 1958 the respondent sent a representation to the Registrar, Co operative Societies, Punjab in which he companytended that he had already retired from service on August 4, 1958 and that the order of suspension which he received after that date and the order for holding the enquiry against him were both invalid. On July 16, 1958, however, the Himachal Pradesh Government had granted to the respondent 19 days leave preparatory to retirement, which was to take place on August 4, 1958. By its letter dated August 2, 1958 the Himachal Pradesh Government informed the respondent that his services were reverted to the Punjab Government and that the leave granted to him had been curtailed by two days, i.e. R 1 is the memorandum, also dated July 3 1, 1958, by which the Punjab Government passed the said order of suspension and further ordered number to permit the respondent to retire on August 4, 1958. On that very day, i.e., on July 31, 1958, the Punjab Government sent to him a charge sheet at the address of the Registrar, Co operative Societies, Himachal Pradesh, who re directed it to the respondents said home address. While he was serving as the Inspector, he applied for the post of Assistant Registrar in Himachal Pradesh, and on a reference by that Government, his services were lent to Himachal Pradesh Government for appointment as the Assistant Registrar. He numbered that it was number denied before him that the respondent on beincg granted leave had proceeded to his village Betahar, post office Haripur in Tehsil Kulu, that he was there when the Himachal Pradesh Government issued the numberification dated August 2, 1958 curtailing his leave upto that date and that a companyy of that numberification with the endorsement calling upon him to report to the Punjab Government for duty on August 4, 1958 was sent to the respondent on August 6, 1958. While he was so serving there, he was charge sheeted on August 9, 1955 by the Registrar, Co operative Societies, Punjab in companynection with cer tain matters which occurred in 1950 while he was working under the Punjab Government. On the companypletion of the enquiry, the officer holding it made his report and sent it to the Punjab Government. On October 6, 1958 the Punjab Government replied to him rejecting his aforesaid companytentions and informed him that if he did number attend the said enquiry, the same would be held exparte. The appellant there was a Civil Surgeon in the Punjab State service. By its order dated May 28 1960 the Punjab Government ordered the respondents dismissal. Thereupon, the respondent filed a writ petition in the High Court of Punjab challenging the order of dismissal and companytend ing a that the said enquiry was illegal as by the time it was started he had already retired from service, and b that the order of suspension which was sought to be served on him by the said telegram, dated July 31, 1958, was received by him after his retirement on August 4, 1958, and therefore, it companyld number have ,the effect of refusal to permit him to retire. On these two facts it was companytended by the respondent that he had already retired from service when the order reverting his service to the Punjab Government was passed, and that therefore, the subsequent proceedings starting with the order of suspension and ending with his dismissal were void. This companytention was raised on the strength of rule 3.26 d of the Punjab Civil Services Rules, as it then stood. The question arising in this appeal under certificate granted by the High Court of Punjab is whether an order of suspension passed against a Government servant takes effect when it is made or when it is actually served on and received by him, The respondent was appointed as a sub inspector, Co opera tive Societies, in 1925 in the service of the State of Punjab. On August 14, 1959 that Government sent him a numberice to show cause why the penalty of dismissal. On June 3, 1961 the Governor passed an order of suspension with immediate effect and revoked his leave. He also passed an order under r. 3.26 d to the effect that as he was to retire on June 16, 1961 he should be retained in service beyond that date till the companypletion of the departmental enquiry against him. These orders actually reached the appellant on July 19, 1961 but were published in the Gazette Extraordinary on June 10, 1961. It has number been challenged that the petitioner had gone to his village in Kulu Tehsil after the leave preparatory to retirement was granted to him. It appears that the respondent attended the said enquiry, but under protest. P 1, to the respondent at his home address as the respondent had already left for his home town on leave being granted to him as aforesaid. In 1956, he was posted to Jullundur where he remained until lie proceeded on leave prepartory to retirement sometime in December 1960. Appeal from the judgment and order dated May 29, 1963 of the Punjab High Court in Letters Patent Appeal No. His leave was sanctioned on December 18, 1960 and was numberified in the Gazette on January 27, 1961. Bhagat Singh Chawla, K. L. Mehta and S. K. Mehta, for the respondent. The respondent sent his reply to the said numberice. In 1952, he was approved for promotion to the post of Assistant Registrar and officiated thereafter as such in short term vacancies from March to November 1953. Those proceedings, however, were kept in abeyance as the police in the meantime started investigation in those matters. He was promoted to the post of Inspector and was companyfirmed thereon in 1939. C. Mahajan and R. N. Sachthey, for the appellant. The writ petition was, in the first instance, heard by a learned Single Judge. 1217 of 1966. The Judgment of the Court was delivered by Shelat, J. 251 of 1962. CIVIL APPELLATE JURISDICTION Civil Appeal No. should number be awarded against him. | 1 | train | 1969_117.txt |
It appears that Shobha had numberparents and one Chandrakant Katkar is her younger brother Whereas the companyplainant Vishnu Katkar is her companysin brother. On occasions when Shobha used to visit the companyplainant, the sordid takes of her plight were made known to the companyplainant and on occasions Shobha used to write to the companyplainant and Chandrakant, younger brother as well. It was also informed by Kondiba that her husband has performed funeral on the dead body of Shobha and the companyplaint by companysin brother Vishnu followed suit. Incidentally, the intimation to Vishnu by Dudhe was on the same day as that to Chandrakant. Vishnu and Chandrakant are residing at Buldhana and their houses are opposite to each other. 11 lodged by Vishnu Katkar on 12.8.1988 reveals that while Shobha was treated well by her husband for about six months after the marriage, but companyduct thereafter of the latter towards Shobha became reprehensible and went on to the extent of assault on flimsy grounds. It also appears from the companyplaint that Shobha has companymitted suicide due to the ill treatment of her husband. On the further factual score it appears that on 12.8.1988 at 6 P.M. one Kondiba Dudhe, came to the companyplainant and informed that Shobha got burnt and was admitted in the Ghati hospital and in the morning she died. The companyplaint Exh. The companyplaint reads that Girdhar had number informed to the companyplainant and his brother about the burn injuries to Shobha or of her admission in the hospital and without waiting for the near relations, her funeral was also companyducted. The inquest panchanama Ext. On the factual score, it appears that the accused, Girdhar Shankar Tawade has a son and two daughters from his first wife, who is numbermore, was married to deceased Shobha in he month of February 1984 and the companyple, along with the son and two daughters of the accused, was staying jointly at Undagaon. 9,10 and 13 under panchanama and on companypletion other necessary investigation and on arresting the accused on 11.1.1989 the PW 3 Syed Shaukat submitted the charge sheet against the accused for the aforesaid offences. One further redeeming feature of available evidence on record is the factum of only one visit by Vishnu and Abarao to deceaseds place whereas PW 1 states that the visit was in July, 1986, Vishnu states in May, 1988 but both companyfirm that letters were received just 2 3 months before the death of the deceased. PW 4 Sharad Ugale Exh. 67/88 and one Syed Shaukar Hussain took over the charge of investigation on 13.8.1988. On one occasion upon companying to know of a bleeding injury being inflicted, the companyplaint himself with one Abarao Ingle had been to the residence of the accused so that similar treatment be number meted out to her at any future point of time. The scene of offence was then visited and under the panchanama Ext 14 the stove article No. 21 then took over the investigation and on recording the statement of the brothers of the deceased, attaching the letters Exhs. Subsequently the latter however registered the offence under Sections 306 and 498 A IPC against the accused. It is on the basis of the companyplaint Ex. And the accused stood his trial in sessions case No. 16 was made and the dead body was sent to the hospital where the post mortem was effected as per report Exh. 11 and upon companypliance to the required formalities the offence was registered bearing No. The clothes of the victim were also attached. The matter was taken to the High Court in appeal wherein the point under companysideration was whether evidence on record was sufficient to hold the accused guilty of an offence of cruelty as provided under section 498A of the Code. 118 of 1989 before the Additional Sessions Judge, Aurangabad. 1 came to be attached. | 1 | train | 2002_985.txt |
for having cheated the Madras Public Service Commission by personating as Kaza Krishnamurthy and misrepresenting that he had the necessary qualifications for the post advertised inasmuch as he held the degree of B.B.S., and that this deception of the Service Commission was likely to have caused damage to its reputation. The appellant, who was at the time serving as a Civil Assistant Surgeon in the Madras Medical Service on a tempo rary basis, applied for the permanent appointment to the posts notified by the Public Service Commission. The appellants companyviction under s. 419 I.P.C. On these facts, the appellant was companyvicted of the offence under s. 419 I.P.C. degree or the M.B., B.S., degree of a University in the Province or an equivalent qualification. The facts leading to this appeal, by special leave, are these The Madras Public Service Commission, hereinafter referred to as the Service Commission, by its numberification published in the Fort St. George Gazette dated August 3, 1948, invited applications for appointment of Assistant Surgeons in the Madras Medical Service Mens Section , from persons who had rendered temporary service as Assistant Surgeons in that Service at any time between September 3, 1939 and December 31, 1947 and from persons who had rendered War Service and possessed the qualifications mentioned in paragraph 3 of the numberification. The trial Court acquitted him of the offence under s. 465, but companyvicted him of the other offence. In this application he made the following representations, which have been found to be false, by the Courts below that his name was Kaza Krishnamurthy that his place of birth was Bezwada, Krishna district that his father was K. R. Rao of Bezwada and that he held the degree of M.B.B.S., II Class, from the Andhra Medical College, Vizagapatam, Andhra University. He was, however, acquitted on appeal, by the Sessions Judge, of the offence under s. 420 I.P.C. It may number be mentioned that the appellant was also tried for offences under s. 420 and s. 465 I.P.C. G. Patwardhan and B. R. G. K. Achar, for the respon dent. S. R. Chari, G. D. Gupta, S. Balakrishnan, R. K. Garg, C. Agarwala, D. P. Singh and M. K. Ramamurthi, for the appellant. Paragraph 3 of the numberification, inter alia, reads Applicants must satisfy the Commission a that they are registered practitioners within the meaning of the Madras Medical Registration Act, 1914 b that they possess the L.M.S. 134 of 1962. 298 of 1961. Appeal by special leave from the judgment and order dated July 17, 1962 of the Andhra Pradesh High Court in Criminal Revision Case No. March 23, 1964. The Judgment of the Court was delivered by RAGHUBAR DAYAL, J. in companynection with certain acts companymitted by him in June and October, 1944. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. was companyfirmed by the Sessions Judge and the revision against that order was dismissed by the High Court. it is against this order of the High Court that the appellant has preferred this appeal after obtaining special leave. | 0 | train | 1964_171.txt |
thereafter tulasamma put the decree in i.l.r. according to the terms of the compromise the properties were to revert to the plaintiff after the death of tulasamma. a.i.r. under the companypromise the appellant tulasamma was allotted the schedule properties but was to enjoy only a limited interest therein with no power of alienation at all. 1967 mad.429 a.i.r. the learned munsiff decreed the suit of the plaintiff holding that the appellant tulasamma got merely a limited interest in the properties which companyld be enjoyed during her lifetime and that the alienations were number binding on the reversioner. subsequently tulasamma company tinued to remain in possession of the properties even after coming into force of the hindu succession act 1956 here inafter to be referred to as. on october 11 1944 the appellant tulasamma filed a petition for maintenance in forma pauperis against the respondent in the companyrt of the district munsif nellore. 66 a.i.r. the plaintiff respondent filed a suit on july 31 1961 before the district munsiff nellore for a declaration that the alienation made by the widow tulasamma were number binding on the plaintiff and companyld remain valid only till the life time of the widow. the suit was companytested by the appellant tulasamma who denied the allegations made in the plaint and averred that by virtue of the provisions of the 1956 act she had become the full owner of the properties with absolute right of alienation and the respondent had numberlocus standi to file the present suit. the basis of the action filed by the plain tiff was that as the appellant tulasamma had got a restrict ed estate only under the terms of the companypromise her inter est companyld number be enlarged into an absolute interest by the provisions of the 1956 act in view of s. 14 2 of the said act. i.l.r. this application was set ex parte on january 13 1945 bug subsequently the petition.was registered as a suit and an ex parte decree was passed against the respondent on june 29 1946.
on october 1 1946 the respondent filled an interlocutory application for recording a companypromise alleged to have been arrived at between the parties out of companyrt on april 9 1945.
the appellant tulasamma opposed this application which was ultimately dismissed on october 16 1946.
an appeal filed by the respondent to the district judgenellore was also dismissed. 1967 1 mad. s. krishnamurthi lyer r.k.
pillai and r. vasudev pillai for the appellants. 667a.i.r. 1968 a.p. 1968 1 mad. 1972 mys. 1969 j k 92.
execution and at the execution stage the parties appear to have arrived at a settlement out of companyrt which was certi fied by the executing companyrt on july 30 2949 under o. xxi r. 2 of the companye of civil procedure. bhagwati and a.c.
gupta jj. 1965 a.p. was delivered by bhagwati j.s. the 1956 act or the act of 1956.
by two registered deeds dated april 12 1960 and may 26 1961 the appellant leased out some of the proper ties to defendants 2 3 by the first deed and sold some of the properties to defendant 4 by the second deed. 135 of 1973 and 126 of 1972. 1964 pub. v. s. narasimhachari for the respondents. civil appellate jurisdiction civil appeal number 1360 of 1968.
appeal by special leave from the judgment and order dated 22 11 1967 of the andhra pradesh high companyrt in second appeal number 804/64 . the judgment of p.n. similar points were involved in the other two appeals number. | 1 | test | 1977_98.txt |
P.W. Before him P.W. He further admitted that P.W. He knows P.W. Shantaben P.W. The same Doctor examined P.W. They had their meals and P.W. 5 came out of the house and saw P.W. Thereafter P.W. They also found P.W. 8 Mukesh and P.W. The Magistrate further deposed that he went to P.W. He deposed that at about 10.50 P.M. on 7.4.90 he examined P.W. 5. He has further stated that he saw smoke emanating from the house of P.W. In the actual report P.W. In the cross examination P.W.14 admitted that P.W. In the meanwhile A 9 stabbed P.W. In the meanwhile, the mob climbed up the otta of the house of P.W. He enquired from the Doctor and came to know that P.W. Virendra Thakkar, P.W. Through the rift on the window of the door of his house, P.W. An Ambulance van came and P.W. 7 Melasingh, P.W. P.S.I Narendrakumar Babulal Jam P.W. During the companyrse of rioting, P.W. The Police Inspector Mandansinh Rana, P.W. P.Ws 5 and 6 tried to go out but A 9 stabbed P.W. A 6 rushed towards Bharati, P.W. A 6 gave a blow on the head of P.W. 5 and the smell was like kerosene and the persons in the crowd burning the household articles of P.W. On 7.4.90 Curfew was imposed in those areas and on that day P.W. One of the suggestion is that his evidence that he went to his brothers house which is near to P.W. He came to know that Nishita and Komal died. Dr. Virendra Thakkar, P.W. Dr. Rakesh Tandon, P.W. In the cross examination by the accused C.W.I stated that when he recorded the statement, P.W. Dr. Babulal Patidar, P.W.14 examined Bharati, P.W. 5s house which he denied. 5 escaped from the house. Meanwhile Police Inspector Shri Bhugukumar Pathak, P.W. Therefore he came home at about 2 P.M. His house is about 100 ft.
away from the house of P.W. It is in his evidence that after the arrival of the police, the residents of the locality companylected and all of them went inside the house of P.W. During this time Nainisha, elder daughter of P.W. 5 was sitting on the otta of the house. 5s house is false and that he has introduced the same to make himself to be present at the scene of occurrence near P.W. 4 has stated as to how he went to his brothers house and about the crowd companying shouting and he saw some of the persons in the crowd armed and has given further movements of the crowd upto the point of accused entering into the house of P.W. 5 saw the mob. The above evidence of C.W.I companypled with the evidence of P.W.14 would go to show that P.W. Some of them were also having bottles of acid and one of them threw acid bottle as a result of which P.W. 9 Dilipbhai were some of the persons who reached the spot and saw the household articles of P.W. He has also stated that after the crowd left being chased away by the police, he, his brother and others went inside the house of P.W. 5 and found Nishita and Komal burnt and lying on the ground. He further admitted that he had number obtained any certificate from the Doctor to the effect that P.W. It was felt that an operation was necessary and by applying general anesthesia P.W. When cross examined by the public prosecutor, C.W.I clearly admitted that the Doctor had number examined P.W. This witness asserted that he had numberpersonal knowledge as to when the Executive Magistrate, C.W.I recorded the dying declaration of P.W. 5 in the hospital. Thereafter he went to the house of P.W.5 and in fort of his house he found P.Ws 4,5 and others. He further deposed that these accused entered into the house of P.W.5 and he saw the household articles being thrown away and he also numbericed smoke companying from the house of P.W.5. 5 becomes very important P.W.14 Dr. Babulal Patidar was the Medical Officer who admitted and treated P.W. He companypleted the statement at 6.30 A.M., read over the same to P.W. They however gave an application to examine the Executive Magistrate, C.W.I who recorded the dying declaration of P.W. The house of Gabubhai, A 4 is situated near the house of A 6. 5 was operated after given general anesthesia on that very night, the effect of which would remain for 8 to 10 hours on the patient and that C.W.I interrogated P.W. He stated that the crowd entered the house of P.W.5 and after 5 or 7 minutes he heard the shrieks of Nishitaben and meanwhile the police came and the crowd dispersed. A 8 brought the kerosene tin and sprinkled the same on Nishita and Komal. On 12.4.90 he went to the hospital and recorded the statements of P.Ws 5 and 6. He and others who were standing outside heard the shrieks of the members of the family of P.W. 5 burning. 5 to 9. He saw them entering into the house of P.W.5 and he also saw them causing damage to the household articles. He was worried about his house and hurriedly reached his house at about 8.30 P.M. and he found his sister, his wife and daughters in the house. P.W.I6 made an entry and the investigation was handed over to Police Inspector Bhugukumar Pathak, P.W 22 at the instance of the Police Commissioner. 5 with a steel pipe. 5 and his intestines came out. He further admitted that he came to know that Executive Magistrate, C.W.I recorded the dying declaration of P.W.5. He received a yadi from the City Police Station for recording the dying declarations of P.Ws 5 and 6 at about 6 A.M. and he went to the hospital. P.W.8 Mukesh is another witness who saw the accused in the crowd. Nishita, his wife and Komal, his daughter were burnt alive and they died. At that time P.Ws 5 and 6 and other family members were sitting inside the house and a light was burning. The Executive Magistrate admitted that the patient was giving answers in piecemeal thereby indicating that he was number fully companyerent, In this companytext the evidence of the Doctor who was attending on P.W. 5 was in his company in the hospital. All other accused are the residents of Bhaiswada. He lives in Moti Chhipwad. 5 went inside his house and closed the doors by means of a chain. Dr. Babulal Patidar, P.W.14 sent information to the police regarding the incident The officer in the said Police Station made an entry to this effect and handed over the investigation to Police Sub Inspector Bhimjibhai Barai, P.W. At that time, I was sitting on the otta of my house after having my meals, but because of stone throwing, I had gone inside the house. At that time Nishita, who was pregnant, was sitting with her daughter Komal in her lap. 5 was operated for Laprotomy and he was discharged on 16.4.90. He deposed that as directed he went to the place of occurrence, inspected the house of P.W.5 and recovered a kerosene tin and a steel pipe under a panchnama. A little later police came and the crowd dispersed. His house is situated at the end at the Naka of Bhaiswada and near Sanyas Ashram. 5 who came without a yadi. 12 as a panch witness, alongwith Ashwinibhai another panch witness number examined, speaks about the panchnama prepared at the house of P.W.5 and at other houses. She was admitted in the hospital as indoor patient and was treated for the injuries and was discharged on 16.4.90. On the day of occurrence at night after taking meal he went to the house of his brother Ashwanibhai Kalyanbhai Bhavsar at about 9 P.M. which is closer to the house of P.W.S. 6 Bharati having been injured. 17 held the inquest on the dead bodies of Nishita and Komal. The evidence of P.W.6 Bharati is also to the same effect as that of P.W.5. 4 also received injuries because of acid throwing. Barai deposed that at about 10.30 P.M. P.S.O . On the day of occurrence he saw a mob of about 10 to 15 persons companying from Bhaiswada armed with deadly weapons and throwing acid bulbs. The material witnesses are P.Ws 4 to 9. He deposed that he was working as Police Inspector in D.C.B. Thereafter the accused who came into the house and others standing outside started running towards Bhaiswada. Nishita and Komai were taken to the hospital and were declared to be dead. On the same day he recorded the statements of witnesses Jesinghbhai, Melsingh, Dilip and others and on 12.4.90 he again went to the hospital and recorded the statements of P.Ws 5 and 6 etc. 5 on the same night who came with a requisition. He deposed that in Bhaiswada the residents mainly belong to Muslim companymunity. The Police Inspector Manilal Damor, P.W.19 who reached the place of occurrence also received injuries by acid. On 9.4.90 he recorded the statements of the witnesses Mukesh and others who had also received injuries by acid. He admitted that he reached the hospital at about 12 midnight and he also admitted that yadis were prepared for recording the dying declarations of P.Ws 5 and 6. The persons who entered the house, came out and the mob ran away as soon as the police came and tried to chase them. Just then the accused entered the house of P.W.S by breaking open the door and threw away the household articles and started burning them. Just then police came and the accused ran away. 4 also at 11.30 P.M. and found on him acid bums. On 7.4.90 between 10.00 to 10.15, there was stone throwing on my house from front side and from rear side. He deposed that on that very night he heard the shouts and saw about 15 persons who came in a crowd and in that crowd he identified A 4 Gabubhai Hajibhai, A 6 Ayubkadar Malangbhai Dudhwala, armed with deadly weapons, A 9, Yakubbhai Babubhai Jumliwala, A 8 Isaq Abdulmajid Mansuri, A 5 Sabaskhan Nurkhan Pathan and A 7 Iqbal Husain Abdulmajid Mansuri. He heard the shouts companying from Moti Chhipwad and also saw the stones being hurled upon their locality. The persons who entered the house threw away the cycle belonging to Nainisha and other household articles and they were also burnt. At that time Police Inspector Manilal Damor, P.W.19 and other police officers came there. This witness is cross examined at length. This witness was cross examined at length. He deposed that on 8.4.90 he was discharging his duty as an Executive Magistrate in the City of Vadodara and he was at home. A 4 was residing in his house alongwith his son Yakubbhai, A 9. Circle Inspector Rameshbhai Baria, P.W.11 deposed that he was serving in Vadodara Circle as Inspector and he received a yadi from City Mamlatdar and prepared a map of the scene of occurrence and has deposed about the location of the houses in that area. 4 took the two injured deceased to the hospital where the Doctor pronounced Komal to be dead. After breaking open the door A 4 to A 9 rushed into his house while the remaining persons of the mob were standing outside. He identified these appellants in the crowd and some of them were armed with deadly weapons. Rikshaw garage belonging to Kadarbhai, A 6 is situated opposite his house. He came to know that they were also injured. 5 and interrogated him and recorded the answers given by him. 5 told him that he was injured with a knife and at that time he was companyscious. He was also injured because of acid thrown on him during that rioting and he was treated by the Doctor and the medical evidence companyfirms the same. Further their evidence is companyroborated by the evidence of P.W.4 as well as by the evidence of the other witnesses namely P.Ws 7,8 and 9. The presence of acid injuries on him also is assailed. On examination he found that there were 8 holes in the small intestine and the patient was operated for Laprotomy on the same night after giving general anesthesia. The persons who were arrested were found to be from the Muslim companymunity and he sent them to the police station. A 6 Kadarbhai had steel pipe in his hands, A 9, Yakubbhai had a knife with him, A 8, Isaq Mansuri had a kerosene tin in his hands. 4, the companyplainant in the case is also a resident of Moti Chhipwad. 12 examined some of the other witnesses. He recorded the statements of some of the witnesses in the locality and he companytinued the investigation. Accordingly he reached Chipward and found a crowd of Hindus and Muslims quarreling. Within five minutes a mob companysisting of about 10 to 15 persons belonging to Muslim companymunity rushed towards his house from Bhaiswada Street and Dudhwala Street and they were shouting Kill, Bum, Beat. The Doctor added that the effect of anesthesia generally remains for 8 to 10 hours on the patient. 5 was removed to the hospital in a painful companydition and he was treated there. 5 and his family members. At about 9.15 P.M. he heard some shootings from the side of Moti Chhipwad and he numbericed that stones hurled were companying towards Moti Chhipwad from the companyner of Haji Ramjan. He further deposed that at the hospital P.W.4 met him and lodged the companyplaint and after recording he sent the same to the Police Station for registration. 6 on 7.4.90 at about 10.50 P.M. and he found a stab wound on the left forearm and he issued a medical certificate and admitted her as an indoor patient and she was discharged on 16.4.90. 202 recorded the statements of the witnesses. They broke open the door of the house by means of pushes. Some of the other witnesses also belong to the same locality. 5 and found the two deceased lying with burn injuries. One important admission made by him is that the patient was giving answers in piecemeal and he did number know whether the patient was under the influence of anesthesia. Then at about 10 or 10.30 P.M. a mob companysisting of 10 to 15 Muslims persons came into that locality being armed with deadly weapons and sharp instruments shouting Beat, Cut and Bum and by raising such shouts they rushed towards the house of his brother. He found one woman and child burnt alive lying in the house. A 8 lit a match stick and threw it on the clothes of Nishita and there was a fire. On 7.4.90 curfew was imposed in that area. P.W.7 Melsingh is a neighbour of P.W.5. 16 gave a written information that companymunal riots started in Chhipwad area and that some persons were injured. Bhimjibhai Barai, P.W.20 recorded the companyplaint of P.W.4 and sent it to the Police Station for registering the crime. 5 was companyscious and was able to give answers. He sent them to the hospital. He also deposed about the articles that were seized including a tin and a steel pipe. Ghaliara Executive Magistrate, Vadodara c o Office of City Mamlatdar, Vadodara. The Police arrived there. The trial companyrt which had the opportunity of watching the demeanour of these witnesses has companysidered their evidence in great detail and has accepted the evidence of P.Ws 7, 8 and 9 which fully companyroborates the evidence of P.Ws 5 and 6. 5 without even knowing that the patient was under the influence of anesthesia having been operated and that at any rate C.W.1 did number make any enquiry from the Doctor at the time of recording the statement whether the patient was in a fit companydition to make the statement The evidence of C.W. Earlier he has also mentioned that acid was thrown on him and he received burn injuries. There is numberhing in the cross examination of P.W.6 which even remotely indicates that she companyld number have been present in the house of her elder brother P.W.5. They also saw smoke emanating and felt smell of kerosene. Among them he identified, A 5 Sabaskhan, A 8, Isaq, A 7 Iqbal, A 9 Yakub, A 6 Kadar and A 4 Gububhai. 5 in his presence but he simply told him that he was companyscious. On 7.4.90 at about 8 P.M. he received a message from the Control Room asking him to reach Chhipwad area as early as possible. Thereafter, a mob of about 50 persons who were Muslims had entered into my house and gave me a blow by a weapon like a sword on my abdomen and also give pipe and stick blows on my back side. 4 received injuries. Since the injury was serious he was operated and was under the effect of general anesthesia. Meanwhile Police Inspector Pathak, P.W.22 came there and took over the investigation and he handed over all the papers to him. 5 returned to Vadodara from Ahmedabad at about 8.15 P.M. by train and he learnt at the Station that companymunal disturbances have started in the city. As already mentioned the Executive Magistrate was examined as a Court witness. Then the Police came and he gave a report to them which was signed by him. 5 managed to companye outside. The prosecution examined 22 witnesses. 10 companyducted the post mortem on the bodies of the deceased Nishita and Komal and he found extensive bum injuries on them and opined that both of them died because of the burn injuries and that the injuries were sufficient in the ordinary companyrse of nature to cause death. 1 itself shows that the patient was giving answers in piecemeal. He sent Police Sub Inspector Narendrakumar Babulal Jani, P.W.17 to hold inquest. Police Station, Vadodara and that on 6.4.90 companymunal riots spread in Baroda and he was patrolling with the staff. He himself received a serious injury and he was rushed to the hospital immediately. He sent a yadi request to record the dying declaration of the injured. On the basis of such a vague statement and particularly having regard to the circumstances in which it was made, we find extremely difficult to discard the evidence of P.Ws 5 and 6 the two injured eye witnesses. P.W.22 deposed about the rest of the investigation. Madansinh Rana, P.W.I5 is a Police. 15, who also reached the place of occurrence, chased some of the persons in the crowd and he caught hold of A 1 to A 3. They also found P.W.S injured on the right side of of his abdomen and the wound was bleeding. 5 and obtained his signature and he himself signed. He also admitted that at the time of questions and patients replies, the latter closed his eyes and opened the same and that because of the injuries, the face of the patient appeared to be painful. 20 who reached the hospital. P.S.O. From the scene of occurrence he recovered one kerosene tin and one steel pipe under a panchnama. 4 lodged his companyplaint at about 9.45 P.M. and the same was sent to the Police Station for registration of the crime. 105 was produced and the witness was further cross examined with the said statement He denied the suggestion that Ex. He further admitted that he did number know whether the patient was brought from the operation theatre. The Executive Magistrate Shri Manharbhai Savailal Galiyara was examined as Court witness and he produced the companyy of the dying declaration Ex. The Doctor opined that the injury was of a grievous nature. Inspector. 4 is the companyplainant in the case and is also injured. P.W.19 also deposed about his going to the place of occurrence and about arresting of the three accused A 1 to A 3. 6. A 5, Sabaskhan and A 7 Iqbal Hussain caught hold of her by her hairs and did number allow her to stand up. The Doctor found stab wound over the right side of the abdomen and small intestines were perforated. 5 had number given the names of the assailants. early hours of 8.4.90. He also saw three persons escaping and he chased them and caught hold of them. He gave this report to the police as stated earlier. on 8.4.90 i.e. P.W.14 examined her on that very night and found two incised wounds on the left hand and on the left wrist and a swelling on the left of the head. 6 also on her left hand. He identified all the accused in the companyrt also. Further, by sprinkling kerosene on my wife and my daughter, they have burnt them alive. The other four accused original accused Nos. 13 in the hospital. They were armed with deadly weapons and were carrying burning rags. He also speaks about the presence of P.W.4. Shantaben P.W.I6 who was present in the Police Station made some entries in the record and registered the crime. On the same night P.S.I. In any event the evidence of P.W.5 clearly shows that his sister P.W.6 aged about 20 years was living with him and P.W.6 companyfirms the same. Therefore, I am injured on the back side. 5 was companyscious and companyld reply properly and companyld understand what he asked. The criticism against him is that he is an interested witness but as already discussed that by itself is number a ground to discard his evidence when he is a natural witness. A 4 was running a Pan Galla near Sanyas Ashram. Immediately after five minutes stone throwing started in his area. 22 reached there and investigation was handed over to him and he started the investigation. Moreover, with regard to the presence of these accused, there is numberquestion of any mistaken identity since P.Ws 4 to 9 knew them well and they have given all the particulars in this companytext. 8.4.90 6.30 a.m. Before me Sd M.S. He was cross examined with reference to his earlier statement but the so called companytradictions are number at all material. P.W.20 P.S.I. Subsequently he was injured when he was near the petrol pump. 4 and other boys of the locality who took care of him. He found one incised wound on the right side of abdomen from which intestines had companye out and it was cavity deep. 247/92 is filed by the five companyvicted accused who figured as original accused Nos. The statement was marked as Ex. He was cross examined and we do number find anything significant which affects his veracity. and also seized some articles. 105 was duly recorded and that he is saying that it was number his statement duly recorded since the same goes against the prosecution case. In the cross examination it is elicited that one incident took place in 1985 and it was a companymunal riot during which the garage of Kadarbhai was set on fire and in that case he was involved and later he was acquitted. Meanwhile the three arrested accused were produced and they were taken into custody and later sent to judicial custody. People in their locality were crying for help. Only the names of nine accused are mentioned. She has also given all the details of the crime. Challenging the said acquittal, the companyplainant Paresh Kalyandas Bhavsar P.W.4 who gave the First Information Report, has filed Criminal Appeal No. the accused pleaded number guilty. When examined under Section 313 Cr. There was numberpolice at that time and the people were shouting for help. The whole statement with the signature was marked as Ex. During the aforesaid proceedings, except me and the Magistrate, numberody was present. Sd Narendra R. Bhavsar Date and time of companypletion of D.D. 1 to 4 were acquitted. as Wireman. The accused were arrested on various dates and at their instances some recoveries are said to have been effected. These two appeals filed under Section 19 1 of the Terrorist and Disruptive Activities Prevention Act, 1987 TADA Act for short arise out of the same judgment of the Designated Court, Vadodara in TADA Case No. Jayachandra Reddy, J. Being a lady, she companyld number have gone out. 560/92. P.105. P. 166, the companytents of which will be referred to later. 12/90. He was serving in P.W.D. He was in Room No. Do want to say any further? P.C. proceedings. Criminal appeal No. Both the appeals are being disposed of here by a companymon judgment. | 0 | train | 1993_162.txt |
31646 for the accounting year 1948 49 being the previous year for the assessment year 1949 50.
by orders dated august 25 1949 the income tax officer assessed the income for the assessment year 1948 49 at rs. 6277 and for the assessment year 1949 50 at rs. 4494 for the accounting year 1947 48 being the previous year for the assessment year 1948 49 and an income of rs. 40 for the year 1948 49 and rs. 1000 for the year 1949 on appeal the appellate assistant companymissioner confirmed the order in so far as it imposed a penalty for the year 1948 49 but set it aside as regards the year 1949 50 on the ground that by reason of the assessment for the year 1948 49 the respondent ceased to be a new assessee for 1949 50 and that in companysequence s. 18a 3 had no application. the income tax officer held that as the respondent had failed to send an estimate of the tax on his income as provided in s. 18a 3 he became liable to be proceeded against under s. 28 and accordingly imposed a penalty of rs. the facts are that the respondent had number been assessed to income tax prior to the assessment year 1948 49.
on july 4 1949 he made suo motu returns showing an income of rs. against the order cancelling the penalty for 1949 50 the income tax officer preferred an appeal to the appellate tribunal which disagreed with the view of the appellate assistant companymissioner that the respondent was numberlonger a new assessee within s. 18a 3 of the act but held that the order of the lncome tax officer imposing a penalty under s. 28 was ultra vires because that section would in terms apply only when a person failed to furnish the return when he was required so to do by numberice under s. 22 or s. 34 of the act and that there companyld be do such numberices with reference to estimates of tax on income to be sent under s. 18a 3 .
in the result the appeal was dismissed. the reference was heard by bhandari c. j. and falshaw j. who agreed with the tribunal that the companyditions as to numberice laid down in s. 22 1 or s. 22 2 must be satisfied even when action was sought to be taken under s. 28 in respect of a failure to companyply with s. 18a 3 and that as those companyditions had number been satisfied the order imposing penalty was bad. numberember 5.
the judgment of the companyrt was delivered by venkatarama aiyar j. this is an appeal against the judgment of the high companyrt of punjab in a reference under s. 66 1 of the indian income tax act 1922 hereinafter referred to as the act. m. mukhi gopal singh for udhai bhan choudhry for the respondent. m. mukhi and ganpat rai for dalmia jain aviation limited number asia udyog limited intervener . the appellant applied for a certificate under s. 66a 2 of the act and the same was granted and that is how the appeal companyes before us. 36281.
the companyrectness of these orders is number in question before us. civil appellate jurisdiction civil appeal number 122 of 1957.
appeal from the order dated numberember 4 1954 of the punjab high companyrt circuit bench at delhi in civil reference number 15 of 1953.
ganapathy iyer r. h. dhebar and d. gupta for the appellant. | 1 | dev | 1958_91.txt |
It is, therefore, proposed to make such a declaration and have the Visva Bharati companystituted as a Central University. Visva Bharati University University was companyceived and established by Rabindranath Tagore, the great poet, story writer, song companyposer, playwright, essayist, painter, educationist and Nobel Laureate, on 23rd December, 1921. The recommendations of the University Education companymission were approved by the Central Adversory Board of Education at its meeting in April, 1950, and the Government of West Bengal agree to the establishment of a unitary, teaching and residential University at Santiniketan by an Act of Parliament. The University was companystituted as an unitary, teaching and residential University with a view to preserve the tradition and special features of the institution, as would appear from its Statements of Objects and Reasons which are as under The Visva Bharati founded by Dr. Rabindranath Tagore at Santiniketan in 1921 is a unique institution, and has since its inception served as a centre for the study of, and research in, the different cultures of the East on the basis of their underlying unity, and has sought to approach the West from the stand point of such a unity of the life and thought of Asia. The University Education Commission companymended the special and very valuable work done by this institution, particularly its effort to discover, preserve and transmit the vast elements of old Indian culture, and the work with the surrounding villages and recommended that the Visva Bharati should be given a provisional Charter as a University with suitable capital and recurring grants. INTRODUCTORY REMARKS The Appellants herein are residents of Santiniketan in the District of Birbhum of the State of West Bengal. Pursuant thereto or in furtherance thereof SSDA has entered into an agreement with Bengal Ambuja Cement Housing Development Ltd. which is a joint sector companypany of West Bengal Housing Board, a body companyporate formed under the West Bengal Housing Board Act, 1972 and Gujarat Ambuja Cements Ltd. having equal participation of 49.99. An environment ambiance had all along been maintained in companysonance with the ideals of Tagore and for which the same was established. The Institution has acquired a world wide recognition and has attracted scholars and pupils from many companyntries all over the world. There is numberprovision in the Constitution of India for the grant of a Charter as distinct from an Act as recommended by the University Education Commission, but the Constitution makes the Union Government responsible for institutions declared by law to be of national importance vide item 63 of List I of the Seventh Schedule to the Constitution . The Government of West Bengal allegedly sanctioned long term settlement of the government land as mentioned in the Government Order dated 25th April, 2003 in favour of SSDA. Upon companysideration of such objections, some modifications in Land Use Development and Control Plan were made out and the same received the approval of the State of West Bengal in terms of Section 37 of the 1979 Act. A decision to develop the said area was taken whereupon a Land Use Map was published and objections thereto were invited. 23803 of 2004 B. SINHA, J Leave granted. L.P. Civil Nos. | 0 | train | 2005_189.txt |
but set aside the companyviction and sentence under Section 420 I.P.C. The appellate companyrt namely the Sessions Court companyfirmed the companyviction and sentence under Section 471 I.P.C. Jayachandra Reddy, J. Hence the present appeal. Further revision was dismissed by the High Court. Leave granted. | 0 | train | 1993_844.txt |
This appeal is filed against the judgment and order dated 22.9.1998 passed by the High Court of Punjab Haryana at Chandigarh in Criminal Writ Petition No.1752 of 1997 filed by the respondent. Union of India, 1987 Supp. The Court, therefore, directed immediate release of the respondent. Shah,J. That order is challenged by filing this appeal. Leave Granted. | 1 | train | 1999_1078.txt |
On and about 20.10.90 a revised Voluntary Retirement Scheme was floated. Both unionised and number unionised employees numbering in thousands opted thereunder. As one of the measures for revival of the companypany it floated a scheme for voluntary retirement of its employees. The appellants herein indisputably opted for the said voluntary retirement scheme dated 22.10.1990 and retired between the period 1.1.1992 and 31.12.1996. Clauses 3.2 and 3.3 thereof read as under 3.2 The revised Scales of Pay shall also be applicable on a pro rata basis to only those Executives, number Unionised Supervisors and Employees in equivalent salary grades who were on the rolls of the Corporation as on 1.1.1992 but have subsequently ceased to be in service of the Corporation on account of superannuation or death. 3.3 Benefits of revision of Scales of Pay shall number be applicable to those Executives, Non Unionised Supervisors and Employees in equivalent Salary Grades of the Corporation who were on the rolls of the Corporation as on 1.1.1992 but have subsequently left the services of the Corporation for the following reasons 3.3.1 Dismissal 3.3.2 Discharge 3.3.3 Resignation without permission 3.3.4 Resignation in cases where disciplinary action for misconduct involving moral turpitude has been initiated or companytemplated. Pursuant to or in furtherance of the said scheme the following benefits were to be given to the employees opting for voluntary retirement 5.1.1 Compensation at the rate of one and half month months salary for each companypleted year of service, subject to a ceiling equal to the employees monthly salary at the time of voluntary retirement multiplied by balance months of service left before the numbermal date of superannuation. The matter was referred to the Government of India and the Ministry of Industries by a letter dated 24th March, 1993 stated that the employees who had opted for voluntary retirement in terms of the aforementioned scheme were entitled to the benefit of the revision of pay in the following terms . One of such scheme was floated in the year 1987 which remained in force upto 1990. The Company issued a circular letter being Circular No.5/97 dated 9th October, 1997 effecting revision in the scale of pay. The members of the appellant Union were employees of Heavy Engineering Corporation Limited, the respondent herein the Company . The same, although issued on 9th October, 1997, was given retrospective effect from 1.1.1992. The said scheme was to remain effective for an initial period of one year but admittedly the same has been extended from time to time. It is a sick companypany. It was to remain in force for a period of 5 years from the said date, i.e., upto 31.12.1996. It was referred to BIFR in terms of the provisions of Sick Industrial Companies Special Provisions Act, 1985. As despite the said purported direction of the Central Government the benefit of the revised scale of pay were number extended to the appellants herein, they filed a writ petition before the Ranchi Bench of the High Court of Judicature at Patna number Jharkhand High Court . WITH CIVIL APPEAL NOs.5368 5378 OF 2001 B. SINHA, J These two appeals involving companymon questions of fact and law were taken up for hearing together and are being disposed of by this companymon judgment. Letters Patent Appeals preferred there against by the appellants were also dismissed. | 0 | train | 2006_851.txt |
It is stated that as on 2.10.2003, private agencies were holding 135 sand quarrying leases granted by the State Government and 52 permissions for sand quarrying in Ryotwari lands. With effect from 2.10.2003, the State Government stopped all sand quarrying by private agencies. On companysidering the said report, the State Government took a decision in public interest to stop quarrying of sand in Government lands and Ryotwari private patta lands by private agencies and take upon itself exclusively, all sand quarrying activities in the State. Consequently, it upheld the validity of Rule 38A subject to the following companyditions The State is entitled to exploit the sand by quarrying itself on the Government lands, which are number companyered by the mining leases of the writ petitioners. According to the State, the Rule ought to have been upheld unconditionally, so that there companyld be cessation of all quarrying activities relating to sand in the State by private agencies with effect from 2.10.2003. Prior to insertion of the said Rule, the State Government was granting quarrying leases, the term of such leases being three years or less, under Rule 8 of the Rules. A public interest litigation P. No.985/2000 was filed in the Madras High Court, companyplaining about indiscriminate illicit quarrying of sand in riverbeds. Nos.3241 42/2003 and companynected cases, relate to the validity and scope of Rule 38A of the Tamil Nadu Minor Mineral Concession Rules, 1959 for short the Rules which reads as under 38 A. Quarrying of sand by the State Government Notwithstanding anything companytained in these rules, or any order made or action taken thereunder or any judgment or decree or order of any Court, all existing leases for quarrying sand in Government lands and permissions leases granted in ryotwari lands shall cease to be effective on and from the date of companying into force of this rule and the right to exploit sand in the State shall vest with the State Government to the exclusion of others. It was found that the unauthorized use of Poclain machines for quarrying, and the tendency of lessees to extend quarrying activities beyond the leased area and the permissible depth, were the main causes for the devastating situation. It is in this background, Rule 38A came to be inserted in the Rules by Notification dated 1.10.2003 with effect from 2.10.2003. In the said companytempt proceedings, the High Court issued a direction to the State Government on 26.7.2002 to companystitute a High Level Committee companysisting of scientists, geologists and environmentalists to companyduct a thorough scientific survey of the sand quarrying activities in rivers and riverbeds in the State and submit a report regarding the damage caused on account of indiscriminate illicit quarrying and to suggest the remedial measures. The High Court issued certain directions to curb illicit quarrying while disposing of the said writ petition. The Committee suggested several measures to remedy the situation, one of which was to impose total prohibition on quarrying by private parties. Out of these, 19 were to expire in 2003, 102 were to expire in 2004, 33 were to expire in 2005 and the remaining 33 were to expire in 2006 and in addition, sand quarrying was carried on by some others on the authority of orders of companyrt, even though numberleases had been granted in their favour. The State has raised the following companytentions The High Court having upheld the validity of Rule 38A, ought number to have excluded the existing leaseholders in regard to Government lands and permission holders in regard to Ryotwari lands from the operation of the said rule. In so far as the cases number companyered by environmental violations are companycerned, the said writ petitioners shall be entitled to companytinue their sand quarry operations till the expiry of their respective lease periods. Some of the writ petitioners, being aggrieved by the judgment upholding validity of Rule 38A, approached this Court. The same is applicable to patta lands subject to the permission of the landholders or their tenants or lessees in occupation, which are number companyered by the mining leases. Several writ petitions were filed in the Madras High Court by the Lessees permission holders, challenging Rule 38A. Being aggrieved by the interim stay, the State Government moved the matter before a Division Bench immediately which in turn issued an interim direction on the same day 8.10.2003 directing both parties number to quarry sand from areas companyered by leases or companyrt orders, until further orders. Accordingly, a High Level Committee was companystituted which submitted a report detailing the extensive damage that had occurred on account of haphazard, irregular and unscientific manner of quarrying sand by the quarry leaseholders, thereby impairing smooth flow of water and causing damage to riverbeds, river banks as also the structures like bridges and transmission powerlines companystructed across rivers or imbedded on the riverbed and drinking water systems branching from rivers, leading to ecological imbalances. But until then, they shall be entitled to quarry. It was, however, of the view that the leases permissions which had already been granted and were in force as on 2.10.2003 when the Rule came into force, companyld number be terminated without giving a hearing to the companycerned lessees permission holders. The writ petitioners whose Mining leases expired as on this day and which are companyered by the Court orders shall number be entitled for any relief. But this shall number preclude the respondents Government from terminating their leases by issuing a prior numberice of six months as companytemplated under Clause 11 of Appendix I of the Rules in so far as the Government lands are companycerned. The Contentions the Issue The State has challenged the judgment of the High Court in these appeals by special leave, being aggrieved by the companyditions stipulated by the companyrt while upholding the validity of Rule 38A. The respective District Collectors shall issue numberices to the petitioners with regard to the mining leases where there is an allegation of infraction of environmental laws and if there is a companytest, then hold an enquiry by affording opportunity to them and then pass orders basing on the material on record. In the cases relating to the petitioners, where there is an allegation of breach of companyditions of lease, then a numberice has to be issued to them affording opportunity and then pass orders basing upon the material on record. Decision of the High Court On 8.10.2003, a learned Single Judge of the High Court granted an interim stay, until further orders or till the leases granted to the writ petitioners came to an end, whichever was earlier. This will number companyer the Court orders passed to make up the deficiency of the lease period. A companytempt petition Contempt Application No.561/2001 was filed companyplaining of number implementation of the said directions by the State Government. Though leave was granted on 5.9.2005, the interim prayer of the State to stay the companyditions imposed by the High Court was number granted. The High Court also suggested that a suitable regulatory legislation may be made by the State on the basis of the report of such Committee, and issued certain interim directions pending such legislation. The above exercise shall be made by the District Collector within a period of two months from the date of receipt of a companyy of this order and until then, the status quo with regard to mining operations as obtained on this day, shall be maintained. Subsequently, the writ petitions, which were pending before the learned Single Judge, were taken up for hearing by the Division Bench along with the writ appeals against the interim order, and were disposed of by a companymon order dated 11.5.2004. Instead, hearing was expedited. RAVEENDRAN, J. These appeals by special leave against the judgment dated 11.5.2004 of a Division Bench of the High Court of Madras in W.A. This Court did number entertain the SLPs. | 1 | train | 2006_866.txt |
9/ per sq. 1.72 per sq. for the acquired land. 11/ per sq. 17/ per sq. The small area of land measuring 1710 sq. The Reference Court after companysideration and appreciation of the evidence adduced fixed the market value of the acquired land at Rs. feet after holding that the acquired land is a potential house site being located in a very important locality and that the amount of companypensation granted by the Land Acquisition Officer, i.e., 1.72 per sq. The Reference Court granted companypensation at Rs. The Land Acquisition Officer awarded a sum of Rs. The High Court, on the other hand, fixed the market value of the acquired land at Rs. A3 dated 15.7.92 which works out to a value of Rs. 118/A in Palangudi Village was acquired by the Government of Tamil Nadu by issuing a numberification under Section 4 1 of the Land Acquisition Act which was published on 23.9.1992. 20,000/ as per Ex. feet and accordingly reversed the order passed by the Reference Court with the aforesaid modification of the rate of companypensation fixing the same at Rs. At the instance of the aggrieved land owner, i.e. The appellant, original owner of the land, has filed this appeal praying for setting aside the order passed by the High Court and has prayed for enhancement of the amount of companypensation taking into companysideration the potential value of the land. the appellant, reference was made under Section 18 of the Land Acquisition Act before the Additional Sub Court, Trichy. by setting aside the order passed by the Reference Court. This appeal is directed against the judgment and order dated 27.11.2002 passed by the Madras High Court whereby the High Court reversed the order passed by the Reference Court by reducing the amount of companypensation granted by the Reference Court to the appellant from Rs. was sold for Rs. Before the Reference Court, the appellant adduced documentary evidence in the form of Sale Deeds Exs. was totally an unjust and inadequate amount. B1 and B2, but numberwitness was examined from the side of the Revenue. The Revenue also produced documents exhibited as Exs. A1 to A4 and examined two witnesses. Dr. Mukundakam Sharma, J. Being aggrieved by the said order, the State preferred an appeal before the High Court. | 1 | train | 2010_1111.txt |
A. Annapurna to companye on record. A. Annapurna to companye on record and to companysider her written statement. A. Annapurna was added as a party and she also filed her written statement. A. Annapurna should be permitted to companye on record and file her written statement and decide the matter insofar as her interest is companycerned. A. Annapurna, one of the legal representatives, the decree was defective, allowed the appeal and remanded the matter to the trial Court with a direction to permit Smt. The learned trial Judge directed the defendants to restrict themselves relating to the right of Smt. After allowing Smt. 3360 of 2005 in and by which the learned Judge upheld the order dated 24.02.2005 of the Xth Additional Chief Judge Fast Track Court , City Civil Court, Hyderabad in O.S. 22134 of 2000 in C.C.C.A. 22134 of 2000, it was clarified that there is numberneed to record the entire evidence afresh, but Smt. During the pendency of the suit, Seshachalapathi died and his legal representatives were sought to be brought on record in I.A. A. Annapurna over the suit scheduled property for the purpose of leading evidence and saying so returned the additional affidavit filed by DW 1 with a direction to file a fresh affidavit companyfining to the right of the 8th defendant as per the direction of the High Court. Other legal representatives were brought on record. After the said clarification, Smt. The suit was resisted by filing written statements by 1st and 4th defendants. Learned single Judge of the High Court, after finding that in the absence of Smt. Krishna Sarma, the appellant herein, and one Seshachalapathi as defendants. Among the legal representatives, one Smt. The said order dated 24.02.2005 of the Xth Additional Chief Judge was challenged by way of R.P. A. Annapurna, daughter of late Seshachalapathi, was number brought on record since the application to bring her on record came to be dismissed due to number payment of process fee. Thereafter, the matter was heard by learned single Judge and by order dated 07.03.2000, the learned single Judge set aside the judgment and decree of the trial Court and remanded the matter for de numbero enquiry with a direction to permit Smt. 296 of 1982 on the file of the Xth Additional Chief Judge Fast Track Court , City Civil Court, Hyderabad is the appellant in the present appeal. The said order of the learned single Judge was challenged by the plaintiff by filing L.P.A. 94 of 1987, it is open to the parties to lead evidence only in respect of the defence taken in the written statement of newly impleaded defendant. The Division Bench set aside the order of the learned single Judge and remitted the matter to the learned single Judge with a direction to re hear the matter insofar as respondent No.8 is companycerned who was transposed as appellant No.3 and companysider the validity of the decree passed during the absence of respondent No.8 amongst other matters on merits. The only point for companysideration in this appeal is whether the appellant 1st defendant is entitled to lead evidence in respect of all issues including additional issues afresh or to be companyfined only in respect of 8th defendant who was subsequently impleaded on the orders of the High Court? The learned single Judge, in the light of the earlier orders, particularly, order dated 5.7.2001 clarifying earlier order dated 07.03.2000, dismissed the revision in limine and upheld the order of the trial Judge. 296 of 1982. Brief facts in nutshell are The first defendant in O.S. 3360 of 2005 before the High Court under Art. DW 1 sought to file an additional affidavit in lieu of chief examination introducing many documents. The respondent herein was the plaintiff in that suit. Though learned companynsel for the appellant strenuously companytended that after remand and after framing additional issues, the appellant is entitled to lead fresh evidence, in view of clarificatory order dated 5.7.2001 in Civil Misc. This appeal is directed against the order dated 13.09.2005 passed by the learned single Judge of the High Court of Andhra Pradesh in C.R.P. The Suit was filed originally against K.S. The appeal was filed before the High Court at the instance of defendant Nos. 24776 OF 2005 Sathasivam, J. Finally, the suit was decreed in favour of the plaintiff. 141, 142 and 143 and buildings belonging to one late Salarjung, the plaintiff filed the said suit for declaration of title and for companysequential possession. Questioning the said order, the 1st defendant has filed the present appeal after getting leave from this Court. Heard learned companynsel for both the parties. 32.00 companyering Survey Nos. In an application for clarification, i.e. In respect of the agricultural land measuring Acs. 189 of 1983. PW 1 was recalled and re examined. 27 of 1997 before the Division Bench of the High Court. M.P. Arising out of SLP C No. 1, 2 4. 227 of the Constitution of India. Leave granted. Petition No. No. | 0 | train | 2008_112.txt |
The post mortem report of the deceased indicates existence of a sutured incised wound inverted I shaped on the left side of the abdomen, the vertical limb was parallel to the midline, 4 cms. 1 and 3 are surgical injuries and injury No. The evidence on record suggests that the deceased in fact did chastise the accused by reason of certain indecent behavior on the part of the accused and there was in fact a threatening by the accused to the deceased that the accused would teach a lesson to the deceased. The post mortem report recorded an injury of sutured wound of 3/4 length on the lower third of left side neck close to the midline. in length and the horizontal limb from its upper and measured 3 cms. to the left of midline and the junction of the two limbs were at the level 25 of umbilicus. and was placed 1.3 cms. The companytextual facts, as appear from the prosecution case, reveal that the deceased was proceeding on the main road and was being followed by the accused and at the place of occurrence the accused did cross over the deceased, came in face to face with the deceased and stabbed him on the neck. The doctor PW 14, who was working as tutor in surgery, medical companylege, Trivendrum and was in the casualty ward on 17,4.85, in his evidence stated that the deceased had an incised wound 4 cms. The external injuries, admittedly, were numbere apart from the one numbericed above but by reason of the injury suffered there have been rather serious internal injuries which caused the unfortunate death of the deceased after about four hours. The doctor who companyducted the autopsy, PW 9 in his evidence also stated that though there are three injuries on the deceased as per the post mortem report, but injury Nos. The wound entered the abdominal cavity. 84/99 on an allegation that at 8.30 p.m. on 9 6 1989 he had stabbed one Joshua, the deceased in the case, with a knife as a result of which the said Joshua died at about 1 45 a.m. The learned sessions judge having found the charges proved against him companyvicted the appellant under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life. Subsequently, the High Court was approached and the High Court companyfirmed the same without any variation as regards the sentence. | 0 | train | 2002_729.txt |
Bhagwan Singh questioned Banwari as to where he was going. Banwari again fired a shot at him. Banwari fired two shots at Lakhan Singh. When Bhagwan Singh turned towards south, Banwari fired a shot at him, Bhagwan Singh sat down. Banwari replied that he was going for shooting birds. Banwari was company victed of the offenses under s. 302 Indian Penal Code for companymitting the murder of Lakhan Singh and Bhagwan Singh and also for an offence under s. 307 Indian Penal Code, for having attempted to Commit the murder of Babu Singh. Banwari said he was going to shoot crocodiles in the river. Lakhan Singh fell down and died. Bhagwan Singh said there were numbercrocodiles in the river and asked Banwari to go back and look to his work. The facts leading to the appeal are these, Banwari, a Lodh by caste, and Ram Charan, armed with a gun and axe respectively, passed the field of Lakhan Singh, Lakhan Singh asked Banwari as to where he was going. 302, Indian Penal Code, against Banwari and another charge against Ram Charan for an offence under s. 302 read with s. 34, Indian Penal Code. In the proceedings with respect to the murder of Bhagwan Singh, he framed one charge against both the accused Banwari and Ram Charan, for an offence under s. 302 read with s. 34, Indian Penal Code. The village people pursued the two appellants and Banwari fired at them. He fired at Babu Singh, but hit Narayan Singh. He further fired two more shots, Bhagwan Singh died. Banwari accused stands charged under section 302 Indian Penal Code for having companymitted the murders of Lakhan Singh and Bhagwan Singh and also under section 307 Indian Penal Code for having made an attempt to kill Narayan Singh on 12th November, 1959, in village Boorhadana, police station Dibiapur. The Magistrate registered three cases, one with respect to the murder of Lakhan Singh, another with respect to the murder of Bhagwan Singh and the third with respect to the offence under s. 307 Indian Penal Code, for shooting at Babu Singh and Naravan Singh. In his order at the end of the judgment the learned Additional Sessions Judge said Banwari accused is found guilty under section 302 of the Indian Penal Code for the murder of Lakhan Singh and is companyvicted and sentenced to death. Banwari and Ram Charan, thereafter, proceeded south wards and at a distance of about six or seven furlongs, met Bhagwan Singh, who was grazing his cattle. In the case with respect to the murder of Lakhan Singh, the Magistrate framed one charge under a. He is further found guil ty under section 302 of the Indian Penal Code for the murder of Bhagwan Singh and is company victed and sentenced to death for this inci dent also. Ram Charan was companyvicted of the same three offenses read with s.34, Indian Penal Code. 34, 37 and 38 of 1960, in which both Banwari and Ram Charan figure as accused persons, were beard together and are being disposed of by on ,, judgment. He along with Ram Charan has further been charged under section 302 read with 34 and 307 read with 34 of the Indian Penal Code for having in furtherance of their companymon intention companymitted the above murders and made an attempt to kill Narayan Singh. Lakfian Singh turned back. 37 and 38 of .60 . 173, Code of Criminal Procedure. The Judgment of the companyrt was delivered by RAGHUBAR DAYAL, J. Banwari and Ram Charan appeal, by special leave, against the order of the Allahabad High Court, dismissing their appeal and companyfirming their companyviction by the 11 Additional Sessions Judge, Etawah. 34, 37 and 38 of 1960 were registered on the basis of those three companymittal orders. 104 of 1960. 1517 of 1960 and Referred No. In the proceedings of the Court dated July 18, 1960 the learned Sessions Judge numbered The amended charge was read out in Court and explained to the prisoner section 271, Criminal Procedure Code who pleads number guilty. Ultimately be companymitted both the accused for trial to the Sessions Court in each of the cases. The criminal appeal filed by the appellants in the High Court perported to be an appeal against the order of the Sessions Judge in Criminal Sessions Trial Nos. 34, 37 and 38 of 60 and the grounds taken in the appeal were that the companyviction was against the weight of evidence on the record, that numberoffence was made out from the evidence of the prosecution witnesses and that the sentence was too severe. Sessions Trials Nos. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The L.D.G.C. The S.T 37/60 and 38/60 are companysolidated with the case and evidence is recorded in the present case under section 234 Cr P.C. The police, after enquiry, sent up three charge sheets under a. S. R. Chari, O. P. Rana and K. K. Sinha. Appeal by special leave from the judgment and order dated December 8, 1960 of the Allahabad High Court in Criminal Appeal No. One report was lodged at the Police Station with respect to these incidents. C. Mathur and C. P. Lal, for the respondent. opened his case and examined the following witnesses. The High Court companysidered the case proved against the appellants and dismissed their appeal. 80 of 1961. February 14. He shall be. for the appellants. | 1 | train | 1962_184.txt |
They started assaulting deceased Jhore Soren and PW 7 Kanka with lathis. The appellants companytinued to beat deceased Jhore Soren. Deceased Jhore Soren companyplied with Salishmans order. Appellant Bhagbats hen was stolen by deceased Jhore Soren. On 14/4/1989, when deceased Jhore Soren and PW 7 Kanka were discussing the same incident, appellant Bhagbat overheard it and showed his displeasure to PW 7 Kanka. In March, 1989, deceased Jhore Soren killed the hen of one Bhagbat. She stated how PW 7 Kanka was tied to a Kull tree and beaten up how PW 7 Kanka fled away and how deceased Jhore Soren was beaten to death by using lathis by the appellants after tying him to a bamboo pole. The women who had assembled there also assaulted the wives, mother and sister of deceased Jhore Soren. In her statement, she named all the appellants as persons, who assaulted her husband deceased Jhore Soren with lathis. PW 7 Kanka managed to escape. Two wives of deceased Jhore Soren, who had followed him to the companyrtyard of Saheb Hasda, saw the incident. The evidence of PW 1 Nilmoni, PW 3 Rabi Soren, PW 6 Sumi Soren and PW 7 Kanka is truthful and has rightly been relied upon. When deceased Jhore Soren and PW 7 Kanka came to the companyrtyard of Saheb Hasda, they were tied with a rope against one bamboo pole and one Kul tree respectively by the appellants. The prosecution has, therefore, proved that the appellants assaulted deceased Jhore Soren with lathis which resulted in his death. PW 7 Kanka, the injured witness described the events that preceded the incident and stated how he and deceased Jhore Soren were tied to trees how appellants Badal, Sambhu, Ragai, Bhagbat and Phangu assaulted deceased Jhore Soren with lathis how appellant Sombha was guarding the place with a tangi and how the other appellants encouraged them. PW 1 Nilmoni, the first wife of deceased Jhore Soren rushed to Memari Police Station and gave her statement. On the next day, in the morning, deceased Jhore Soren and PW 7 Kanka were called to the companyrtyard of one Saheb Hasda on the pretext that a meeting was to be held over the previous days incident. PW 1 Nilmoni, the first wife of deceased Jhore Soren narrated the entire incident after describing the previous incident about the stealing of the hen by her husband and the penalty imposed by the Salishman. PW 7 Kanka went to a doctor and got himself examined. No doubt, these witnesses are related to deceased Jhore Soren, but the tenor of their evidence is such that it is number possible to say that they have falsely involved the appellants. When PW 7 Kanka protested, the appellants Bhagbat, Ragai and Sambhu caused bleeding injuries to him. PW 9 Dr. Prodip Kumar, who did the post mortem of deceased Jhore Soren stated that the death was caused due to the injuries described by him and that the injuries companyld be caused by a blunt object like lathi. Pertinently, PW 7 Kanka did number hesitate to name his brother as one of the assailants. They were tied to the trees and beaten up. A Salish was called and the deceased was asked to give one hen and two handies of companyntry liquor to Bhagbat as a penalty by the Salishman. He was beaten to death. The appellants were armed with lathis, tangies sharp cutting weapons etc. The prosecution story companyld be shortly stated The appellants and the prosecution witnesses belong to Santhal Community of village Mobarakpur. He stated that he somehow managed to escape and got himself examined by the doctor. They are rustic witnesses and have candidly stated all that they had seen. The prosecution examined 10 witnesses. His evidence indicates that out of fear he ran away and did number inform anyone about the incident. She did number state who assaulted where. Their evidence has a ring of truth. RANJANA PRAKASH DESAI, J. She did number, however, describe the exact role of each of the appellants. The cause of this entire episode is very trivial. There are eleven appellants. On the basis of her statement, investigation was started and upon companypletion of the investigation, the appellants came to be charged as aforesaid. The accused denied the prosecution case. All of them were tried by the Additional Sessions Judge, Burdwan for offences punishable under Section 148 and Section 302 read with Section 149 of the IPC. Prosecution case found favour with the trial companyrt which companyvicted and sentenced the appellants as aforesaid. Hence, the present appeal. Now the question is which offence was companymitted by the appellants. The appellants appeal was dismissed by the High Court. Their companyviction and sentence was companyfirmed by the High Court. | 0 | train | 1947_396.txt |
He was the driver of Graham Staines. These people set fire to the second vehicle parked near the vehicle of Graham Staines. Vehicle No. He stated that the deceased Graham Staines was known to him. Graham Staines and his two minor sons slept in their vehicle parked outside the Church. They first set the empty vehicle on fire and thereafter the vehicle in which Graham Staines and his sons were sleeping. Graham Staines and his two sons used to sleep in the said vehicle. He heard the cries of two sons of Graham Staines companying from the vehicle. They set fire both the vehicles and both the vehicles were burnt. As usual in the night of 22.01.1999, Graham Staines and his two sons had slept in a vehicle. In the night of 22.01.1999, Graham Staines and his two sons slept in the vehicle bearing No. He heard the sound of beating the vehicles parked in front of church in which Graham Staines and his two sons were sleeping. Graham Staines and his two sons were also burnt to death. He stated that Graham Staines last visited their village on 20.01.1999. He used to accompany Graham Staines at different places. He last accompanied Graham Staines on his visit to Manoharpur on 20.02.1999. On Friday night, Graham Staines and his two sons slept in a vehicle parked in front of the church. He stated that Graham Staines with his two sons was in a separate vehicle and the witness along with other three persons was in another vehicle. Graham Staines and his two sons used to sleep in the night inside the vehicle parked in front of the church. He stated that Graham Staines along with his two sons and other persons came to Manoharpur on 20.01.1999 on two vehicles. He heard cries raised by the minor sons of Graham Staines. He found that about 30 40 persons had surrounded the vehicles and some of them were beating the vehicles in which Graham Staines along with his two sons was sleeping. The vehicles were parked in front of the church. He stated that Graham Staines along with his two sons and other persons visited Manoharpur on 20.01.1999. Graham Staines and his two sons were companypletely charred and burnt to death. He along with Graham Staines and others came to the place of occurrence on 20.01.1999. On 22.01.1999 deceased Graham Staines and his two sons slept in a vehicle parked in front of the church and other persons slept in the huts raised behind the church. After setting the empty vehicle ablaze, those persons put straw beneath the vehicle of Graham Staines and his two sons and ignited the same. Therefore, she went to the thrashing floor from where she found that people had surrounded the vehicle of Graham Staines. He saw that about 20 22 persons had surrounded the vehicle in which deceased Graham Staines and his two sons were sleeping. He is a resident of Manohapur Village the place of occurrence and Graham Staines was well known to him. The wheels of vehicle in which Graham Staines and his two sons were sleeping, bursted aloud, and they were burnt to death. Another vehicle No. Both the vehicles caught fire and were burnt. He identified accused Dara Singh in dock. After walking about 100 ft.
towards the vehicles, he found a large number of people delivering lathis blow on the vehicle in which Graham Staines and his two sons were sleeping and the other vehicle bearing No. Three persons broke the glass panes of the vehicle in which Graham Staines and his two sons were sleeping and gave strokes to them with sticks. The witness pointed accused Dara Singh A1 and accused Rajat Kumar Das in the dock as two of those persons beating the vehicles and setting fire on the vehicles. They set on fire one of the vehicles. They were focusing the torch into the vehicles. When the vehicle caught fire, the vehicle moved towards the road. He ran towards the vehicles and found some people beating the vehicles with lathis. The people who surrounded the vehicles raised slogans Jai Bajarang Bali and Dara Singh Zindabad. The other vehicle was number visible to the witness. He stated that Graham Staines visited Manhorpur last time about 3 years back i.e. He stated that about 3 years before his deposition 1999 during Saraswati puja, Graham Staines visited their village. He identified accused Renta Hembram, Mahendra Hembram, Dara Singh and Rajat Kumar Dass Dipu. The deceased Graham Staines was engaged in propagating and preaching Christianity in the tribal area of interior Orissa. The witness identified accused Renta Hembram and Mahendra Hembram of his village who were among the miscreants. He identified accused Dara Singh and Rajat Kumar Das in dock. The witness also identified accused Dara Singh A1 and accused Rajat Kumar Das Dipu A2 as the miscreants who among others had set fire to the vehicles. His two minor sons, namely, Philip Staines and Timothy Staines were burnt to death along with their father in the midnight of 22.01.1999/23.01.1999. Thereafter, she found the vehicle on fire. Deceased Graham Staines was well known to him as he used to visit his village for the last 15 16 years. The witness identified accused Dara Singh A1 , Harish Chandra, Mahadev and Turam Ho as the miscreants who were in the gatherings and set fire to the vehicles. The miscreants put the straw inside the vehicle and set it on fire. This is a companyfessional statement of accused Mahendra Hembram A3 inculpating himself and Dara Singh A1 . The witness companyld number identify any of the miscreants who set the vehicles on fire. The witness further stated that Ojen Hansda and Mahendra Hembram belonged to his village. Before setting the vehicle on fire, he put bundle of straw at front right wheel of vehicle. Some of them brought straw and put the same on the vehicle. He came there with his two sons and other persons in two vehicles. These appeals relate to a sensational case of triple murder of an Australian Christian Missionary Graham Stuart Staines and his two minor sons, namely, Philip Staines, aged about 10 years and Timothy Staines aged about 6 years. They raised slogan Jai Bajarang Bali and Dara Singh Zindabad. They raised the slogans Jai Bajarang Bali and Dara Singh Zindabad. He further stated that after the vehicles were burnt, the miscreants blew whistle thrice and raised slogan Jai Bajarang Bali and Dara Singh Zindabad. In the midnight, the witness heard the sound of beating of vehicles. He identified Dara Singh A1 without any difficulty and it is also companyroborated by the slogan he heard which miscreants raised in the name of Dara Singh. They brought straw and set fire to the vehicles by burning straw. Those two vehicles caught fire and began to burn. After companying out of the house, he found 40 50 persons gathered near the vehicles parked in front of the church and beating the vehicles by lathis. Thereafter, a boy set the vehicle on fire. After the vehicle caught fire and was burnt, somebody blew whistle thrice and they shouted slogan Jai Bajarang Bali and Dara Singh Zindabad. He along with his two sons and other persons came there in two vehicles. The witness identified accused Dara Singh as A1 , Rajat Kumar Das, Suratha Naik, Harish Mahanta, Ojen Hansda and Kartik Lohar amongst the accused persons in the dock as the miscreants who had set fire to the vehicles. He also identified accused Dara Singh A1 , Dipu Das A2 , Ojen Suresh Hansda and Mahadev. When along with these persons, the witness reached near the church, he found both the vehicles burnt. Joseph Marandi, PW23 has testified that accused Mahendra Hembram amongst others set fire to the vehicles. He last visited Manoharpur on 20.01.1999 along with his two sons and others in two vehicles. The witness further stated that the CBI officers had shown him 30 40 photographs out of which he identified the photographs of the accused Renta Hembram, Mahendra Hembram, Dara Singh A1 and Rajat Kumar Das Dipu A2 . He got up and went to the church, where there was a gathering of 60 70 persons in front of the Church and they were beating the vehicles with sticks. The mob prevented the deceased to get themselves out of the vehicle as a result of which all the three persons got burnt in the vehicle. Accused Ojen Hansda belonged to his village. The witness identified accused Dara Singh A1 as slim and tall fellow holding the axe and guiding the miscreants. In the FIR itself it was stated by this witness that at the time of occurrence miscreants raised slogans saying Bajrang Bali Zindabad and Dara Singh Zindabad. When he came back to the place of occurrence, he found both the vehicles on fire. The house of witness was situated in the south of church, four houses apart and the vehicles parked in front of church were visible from the road in front of his house. 1208 which was parked in front of the church. The case of the prosecution is as under Graham Stuart Staines, a Christian Missionary from Australia, was working among the tribal people especially lepers of the State of Orissa. He identified accused Dara Singh, Turam Ho, Daya Patra and Rajat Kumar Das. as well as the extra judicial companyfessions made by Dara Singh A1 and Mahendra Hembram A3 . The witness identified four persons, namely, Dara Singh A1 , Turam Ho A12 , Daya Patra A14 and Rajat Das A2 as the persons beating the vehicle and setting on fire. Accordingly, on 20.01.1999, the deceased Staines, along with his two minor sons Philip and Timothy and several other persons came to the village Manoharpur. The witness identified accused Dara Singh A1 , Dipu Das A2 , Ojen Suresh Hansda and Mahadev as the miscreants present at the scene of occurrence and taking part in the offence. In the mid night, he heard the sound of beating of vehicles and woke up. Out of these, two accused Renta Hembram and Mahendra Hembram, were previously known to him as they belonged to his village. This witness is a resident of Manoharpur the place of occurrence . He belonged to village Manoharpur Place of occurrence and his house is located near the church. The witness pointed out to the accused Dara Singh A1 on the dock saying that the bearded man resembled like him. In the third night of his stay, he along with his two sons slept in the vehicle during night. Some people were setting the vehicle on fire by putting straw beneath it and igniting it by match sticks. Out of these accused, Ojen Hansda was known to him being resident of his village. The fire was extinguished at 3 a.m. By that time, both the vehicles were companypletely burnt. He saw something was burning near the church and found a vehicle moving towards the road. The witness further stated that the CBI while interrogating him showed photographs of some persons and he had identified two of the photographs as that of miscreants. He had identified accused Uma Kanta Bhoi in the TIP companyducted at Anandpur Jail as one of the persons setting fire on the vehicle. 952 was also parked in front of the church. I had number disclosed the identity of Dara Singh even to my mother. Another eye witness PW39, Soleman Marandi identified accused Dara Singh, Rajat Kumar Dass, Surtha Naik, Harish Chandra, Ojen Hansda and Kartik Lohar. Three of those miscreants put a log of wood preventing the vehicle moving further. Thereafter, he went to the huts raised behind the church and called the persons staying there and went to the place of occurrence and found the vehicles set on fire. He belongs to Village Manoharpur the place of occurrence . Thereafter, he heard sounds of blowing of whistles thrice and raising slogans saying Dara Singh Zindabad. He is a resident of village Manoharpur place of occurrence . Questioning the companyviction and sentence of life imprisonment, Dara Singh and Mahendra Hembram filed Criminal Appeal Nos. He belongs to village Manoharpur place of occurrence . The death sentence was passed against Dara Singh appellant in Criminal Appeal No. However, he also asserted the hearing of slogans saying Dara Singh Zindabad which companyroborates his identification. ix Raghunath Dohari PW36 , one of the eye witnesses, identified accused Dara Singh, Harish Chandra, Mahadev and Turam Ho. He came out of the house and went near the church. In the mid night, a mob of 60 70 people came to the spot and set fire to the vehicle in which the deceased persons were sleeping. His house is situated two houses apart from the church. In his evidence, it is stated that he is native of Manoharpur village and the church Place of occurrence is located adjacent to his house. Out of these accused, Ojen Hansda was previously known to him, belonging to the same street of his village. The villagers know that I have done this work as I have got companydial relationship with Dara Singh. He went near the vehicle, but 3 to 4 persons threatened him with lathis and, therefore, he retreated to his house. The High Court, by the impugned judgment, modified the death sentence awarded to Dara Singh into life imprisonment and companyfirmed the life imprisonment imposed on Mahendra Hembram and acquitted all the other accused persons. He was examined by the local police on 23.01.1999, by the CID on 03.02.1999 and by the CBI on 09.04.1999. His statement was number recorded by local police and by the CID but recorded by the CBI on 03.06.1999. An excerpt from the letter of Mahendra Hembram may be translated into English as under You may be knowing the Manoharpur incident. The next eye witness examined by the prosecution is Nimai Hansda PW10 . He was examined by the local police on 23.01.1999, by CID on 10.02.1999 and by the CBI on 20.04.1999. He was examined by the local police on 23.01.1999, by the CID on 11.02.1999 and by the CBI on 20.04.1999. The witness further stated that CBI showed him number of photographs among which he identified photographs of 5 persons who had taken part in the occurrence. His statement was number recorded by local police and the CID but it was recorded by the CBI on 04.12.1999. The witness was unable to identify the other two persons who were in the dock. In the companyrse of trial, he filed petitions on 01.02.2002 and 02.02.2002 pleading guilty and companyfessing to have set fire to the vehicles. Thereafter, he stood in a lane between his house and the church. He was examined by the local police on 02.02.1999, by the CID on 06.02.1999 and by the CBI on 03.06.1999. His statement was number recorded by the local police but recorded by the CID on 03.02.1999 and by the CBI on 07.06.1999. His statement was number recorded by the local police but recorded by the CID on 03.02.1999 and by the CBI on 30.05.1999. He retreated to his house and went to the house of another person situated one house apart from the church. The witness went towards the village and called Christian people. Statements of most of the witnesses were recorded by PW 55, an officer of the CBI. The witness had identified his signatures during his deposition in the companyrt. Three four persons belonging to the group caught hold of him by companylar and restrained him from proceeding towards the vehicle. Ojen and Chenchu of his village carrying torch and lathis came to them and warned them number to go near the fire as some people were killing the Christians there. His statement was neither recorded by local police number by the CID but recorded by the CBI on 05.06.1999. The companyspiracy to kill Manoharpur Jisu was hatched at HOROHND for which I took leave during training period and stayed in our house with Dara Singh for five days and went to the forest thereafter. In the night of 22.01.1999, his wife woke him up and said that she found large number of people with lathis and torches going towards the church. viii Joseph Marandi PW23 was examined as another eye witness to the occurrence. On 22.01.1999, the Missionary Team, as usual companyducted different programmes in the village near the Church and retired for the day. vii The next eye witness examined was Mathai Marandi PW15 . iv Singo Marandi PW5 was examined as next eye witness. In the statements recorded by various IOs, particularly, the local police and State CID these eye witnesses except few claim to have identified any of the miscreants involved in the incident. 952 was already set on fire. He identified accused Uma Kant Bhoi A 13 in the TIP. Solicitor General for the CBI. He stated that in the midnight of 22.01.1999, on hearing bursting sounds, he woke up. The witness stated that there were about 30 40 people armed with lathis and holding torches. vi PW11, Bhakta Marandi was next examined on the side of the prosecution as eye witness. It shows that her identification of Ojen Suresh Hansda by face during trial was number companyroborated by any previously held TIP. In the midnight, the witness was woken up by his wife on hearing bursting sounds. It is clear that she companyld identify only Ojen Suresh Hansda by face for the first time before the trial Court. In the night, he heard the sound of beating. Manoharpur is a remote tribal village under the Anandapur Police Station of the District Keonjhar of Orissa. Those miscreants were holding lathis, axe, torches, bows and arrows. On 03.05.1999, the investigation was taken over by the CBI. He came out of his house and found 4/5 persons standing in front of his house holding torches and lathis. He further stated that in the night of 22.01.1999, on hearing bursting sound, his wife woke him up. The prosecution examined as many as 55 witnesses whereas in defence 25 witnesses were examined. He did number identify any of the accused. iii The next eye witness examined by the prosecution is PW4, Rolia Soren. 1366 of 2005 is filed by Rabindra Kumar Pal Dara Singh against the final judgment and order dated 19.05.2005 passed by the High Court of Orissa at Cuttack in Criminal Appeal No. xi The last eye witness examined on the side of the prosecution is PW43, Lablal Tudu. When the witness raised a numberse of protest, those people assaulted him. 1259 of 2007 is filed by Mahendra Hembram challenging his life imprisonment awarded by the trial Court and companyfirmed by the High Court. ii The next eye witness examined on the side of the prosecution is PW3, Paul Murmu. At about midnight, his mother woke him up. Prior to that, number of investigating officers had visited the village of occurrence. 49 said to have been addressed by Mahendra Hembram A3 to Kapura Tudu PW 9 which, according to the prosecution, companytains his admission of involvement in the incident. 1366 of 2005 and 1259 of 2007 respectively and against the acquittal of rest of the accused, CBI filed Criminal Appeal Nos. The local police was informed about the incident on the next day. About the admissibility of the identification of the accused persons with the photographs can be companysidered at a later point of time. After thorough investigation, charge sheet was filed by the CBI on 22.06.1999. However, he did number make any statement to the State Police and only for the first time his statement was recorded by the CBI i.e., five months after the occurrence. He is also a witness to the seizure of some articles seized from the place of occurrence and he has proved the seizure list. When he came out of the house, 3 to 4 persons holding lathis and torches restrained and threatened him to assault if he proceeds further. Against the acquittal of rest of the accused by the High Court, the Central Bureau of Investigation in short the CBI filed Criminal Appeal Nos. It is relevant to numbere that the incident took place in the midnight of 22.01.1999/23.01.1999. Apart from these accused, one minor was tried by Juvenile Court. Though he mentioned large number of miscreants, but they were number chargesheeted. Even the Crime Branch failed to companyduct the investigation, ultimately, the investigation was transferred to CBI. On the basis of charge sheet, as many as 14 accused persons were put to trial. He stated that on Saraswati Puja day of 1999, after witnessing the Nagin dance along with his mother, he slept in Verandah of Galu and her mother was sitting by his side. It is relevant to point out that apart from the police party, the Collector and other Police Officers though were camping at the place of occurrence, the fact remains that this witness did number report the incident either to the companycerned Investigating Officer or to the Collector for about four months. Every year, soon after the Makar Sankranti, the said missionary used to companye to the village to companyduct the Jungle Camp. He also admitted that there was a police camp from the next day of the incident. He went to call the people but numberody came. They companyducted the camp for next two days by hosting a series of programmes. He had signed on those photographs. However, the fact remains that he identified some of the appellants before the trial Court for the first time. The witness companyld number recognize them as their heads were companyered with caps and faces by mufflers. in the year 1999 after Makar Sankranti. No TIP was held to enable her to identify him. Since the local police was number able to proceed with the investigation satisfactorily, on 23.04.1999, the same was handed over to the State Crime Branch. It is also number clear as to what was the need for him to sleep in Verandah of another person with his mother sitting beside him till midnight during peak of the winter. 1366 of 2005 and others were awarded sentence of life imprisonment. Against the same judgment, Criminal Appeal No. The death reference and the appeals filed by the companyvicted persons were heard together by the High Court and were disposed of by companymon judgment dated 19.05.2005 companycluding that the witnesses are number trustworthy and numbercredence should be given to their statements and companyfessional statements were procured by the investigating agency under threat and companyrcion. He did number report the incident to the Collector or any other police officer camping at the site. Heard Mr. KTS Tulsi and Mr. Ratnakar Dash, learned senior companynsel for the accused appellants and Mr. Vivek K. Tankha, learned Addl. Since all the appeals arose from the companymon judgment of the High Court and relating to the very same incident that took place in the midnight of 22.01.1999/23.01.1999, they are being disposed of by this judgment. They were threatening that they will kill the persons who will dare to companye in their way. A slim and tall man was holding an axe. Admittedly, he did number disclose the names of these persons before either of the aforesaid three I.Os. No one ever thought that such a thing will happen in the village. The next day, at about 9 P.M., the Officer In Charge OIC Anandpur PS showed his written paper and said that was the FIR and he had to lend his signature and accordingly, he lend his signature thereon. By a companymon judgment and order dated 15.09.2003 and 22.09.2003, Sessions Judge, Khurda companyvicted all the accused and sentenced them for offences punishable under various sections. Sathasivam, J. I also did the work as I had quarrel with the Jisu. 1357 1365 of 2005. Series of documents were exhibited by the prosecution. Criminal Appeal No. However, it is relevant to numbere that his omission to mention all important aspects in his evidence including names of the appellants and his previous statements recorded by three Investigating Officers creates a doubt about his veracity. It is seen from his evidence that at that time he was prosecuting his studies at Cuttack and his mother was working as a labourer in Bhadrak. It was he who lodged FIR. 1357 65 of 2005 before this Court. One of them threw a baton like stick at him. 1208 was driven by him. 239 of 2003 whereby the High Court dismissed the appeal of the appellant upholding the companyviction and companymuting the death sentence passed by the trial Court into that of life imprisonment. He admitted that he was companyverted to Christianity in the year 1997. One of them was having a beard. P.C. | 1 | train | 2011_3.txt |
900000 and i have numberworry to discuss your investments. 900000 and i shall have numberworry to discuss your investments. 900000 in praesenti to the respondent. 900000 directly to the respondent. 1000000 the deceased would retain rs. 1000000 i will put as rs. 900000 without any restrictions or arrangement so that you can do what you like with you your rs. 900000 was gifted to him by the deceased on may 3 1955 and therefore the amount should number be included in the estate of the deceased. 1000000 due from the government of bombay a sum of rs. in the year 1954 the deceased sold the palace to the government of bombay for a sum of rs. 900000 and if he will give me the draft in time i will companyplete it. lastly the deceased companycludes by stating so in that draft on mulla mulla instead of rs. a sum of rs. 1000000 from the sale of the palace i discussed and told you that the interest of that sum from any good investment we made will go towards the allowance i am paying you every month. 1000000 was to be paid to the deceased by the government of bombay in three equal annual installments. 1500000.
in january 1955 the possession of this palace was handed over to the government of bombay. 900000 must be deemed to have passed to the respondent on the death of the deceased under section 9 of the estate duty act 1953 and as the gift was made within two years of the death of the deceased it was chargeable to estate duty. you can do what you like with your rs. the respondent who is the son of the deceased and the accountable person of the estate companytended before the deputy companytroller of estate duty that out of the aforesaid sum of rs. 1000000 directly to the respondent was number signed on may 13 1955 but was signed by the deceased on september 19 1955 and sent to the chief minister thereafter. but there is numberhing in the letter to suggest that the deceased was making a transfer of the amount of rs. reliance was placed on behalf of the respondent on the letter written by the deceased to the respondent on may 3 1955 two draft letters dated may 13 1955 and an affidavit made on december 23 1959 by mr.
thacker a partner of messrs.
mulla mulla who in may 1955 were acting as solicitors for the deceased. you knumber after deducting the rent i pay the remaining sum of your monthly allowance. the draft letter under which instructions were given to the government of bombay to pay the sum of rs. as the letter dated september 19 1955 written by the deceased to the bombay government falls within the two years period referred to in section 9 of the estate duty act the gift of rs. in the same way i suggested the new interest or such other income from this palace money also. it follows therefore that the transfer of the actionable claim was number companypleted on may 3 1955 but the transfer became effective on september 19 1955 when the deceased signed the draft letter to the bombay government requesting it to arrange for the payment of the said sum of rs. 9 lakhs out of the sum of rs. 500000 was paid by the government of bombay to the deceased immediately on taking over possession and the balance of rs. the deputy companytroller rejected the companytention of the respondent holding that the letter dated may 3 1955 did number amount to a transfer of an actionable claim but that the gift was legally companypleted only on september 19 1955 when the deceased intimated to the government of bombay his intention to make the gift to the respondent. 1000000 and merely paying the income thereof or placing any restrictions on the companypus of the property and also in companysideration of the trouble and anxiety the deceased would have to undergo for investing the amount in proper securities the deceased would had over the companypus to the respondent without any restrictions of without any companyditions and 2 instead of paying the entire amount of rs. on behalf of the respondent mr.
bhaba referred to an affidavit of mr.
j. p. thacker of messrs.
mulla and mulla dated december 23 1959 in which he stated that some time in may 1955 i was called by his late highness at his residence in bombay and he told me that he had made a gift to his son iqbal the present nawab of palanpur of a sum of rs. in support of this claim the respondent produced before the deputy companytroller a photostat companyy of a letter dated may 3 1955 addressed by the deceased to the respondent. ramaswami j. this appeal is brought by certificate on behalf of the companytroller of estate duty gujarat from the judgment of the high companyrt of gujarat dated february 19 1964 in estate duty reference number 1 of 1962.
the late nawab of palanpur h. h. taley mohomed khan hereinafter referred to as the deceased the father of the respondent died on may 17 1957.
the deceased was the owner of a palace knumbern as jorawar palace. in other words like i am paying you from the monthly rent income of the shops buildings etc. after stating that he had companye to the decision about handing over the sum of rs. on the other hand the deceased has used the language of futurity in three crucial parts of the letter. on behalf of the respondent mr.
bhaba referred to the following sentence in the first part of the letter you can do what you like with your rs. 100000 therefrom and had over the balance of rs. i will companytinue to pay the monthly allowance after deducting the rent as i am doing today. in order words like i am paying you from the monthly rent income of the shops buildings etc. the respondent took the matter in appeal to the central board of revenue and it was companytended on his behalf that the gift was governed by the mohammadan law and section 120 of the transfer of property act was number applicable and as the gift was made two years or more before the death of the deceased it was number chargeable to estate duty. later on the deceased companytinued to say i think this will be the best thing to do and i will have numberinterference or worry or bother about it. but this sentence has to be read in the companytext and background of the other portions of the letter to which we have made reference and so interpreted the sentence means you will be able to do what you like with you rs. i had been thinking since some time of avoiding any companyplication or brain work and within every companysideration of my age life and everything it would be less troublesome for me and for you if i took anumberher lac from the palace money and gave you rs. please inform thacker also. if i live five years more you will have got back that rs. i companyld have improved this if i had time to touch it up but i am sure you will be able to understand what i mean. sorry i am writing this in great haste as you are going and i am also terribly busy. | 1 | dev | 1967_248.txt |
12 On 26 April 2018, polling dates were announced for 14 May 2018 by the State Election Commission. 10 On 21 April 2018, the State Election Commission issued a numberification extending the date for the filing of numberinations to 23 April 2018 fixed 25 April 2018 as the date for scrutiny and 28 April 2018 as the last date for the withdrawal of candidature. The names of such candidates were directed to be published in the list of candidates companytesting the Panchayat elections of 2018. The names of those candidates were directed to be published in the list of candidates companytesting the panchayat elections of 2018. The last date for making numberinations was 9 April 2018 scrutiny of numberinations was to take place on 11 April 2018 the last date for withdrawal of candidatures was 16 April 2018 and the poll, if necessary, was to be companycluded on 1 May 2018. On 31 March 2018, the State government issued a numberification for holding panchayat elections in West Bengal on 1,3 and 5 May 2018. On 11 April 2018 this Court was also moved in a Miscellaneous 3 AST 9 of 2018 Application by the BJP. The State Election Commission announced a schedule for the ensuing panchayat elections, exercising power under Sections 42 and 43 of the West Bengal Panchayat Elections Act 2003 Panchayat Elections Act . 7 The State Election Commission issued directions on 9 April 2018, in exercise of its power under Section 46 2 of the Panchayat Elections Act, extending the last date for submitting numberinations by one day, that is until 10 April 2018. On 12 April 2018, the High Court directed the State Election Commission that before proceeding further with the electoral exercise, it shall inform the Court on affidavit of the steps taken in terms of its direction of 10 April 2018 and the order of this Court dated 9 April 2018. 8 The order of the State Election Commission extending the period for filing of numberinations was recalled immediately on the next day 10 April 2018. The Calcutta High Court issued an interim direction suspending the operation of the numberification of the State Election Commission dated 10 April 2018. The election programme was the same, save and except for the dates of polling which were 3 and 5 May 2018. On 23 April 2018, the High Court, upon being moved by some of the intending candidates, directed the State Election Commission to ensure the acceptance of numberination forms. Writ Petition 4887 W of 2018 filed by the BJP and Writ Petition 4886 W of 2018 filed by the Party for Democratic Socialism were also disposed of. The Division Bench, while disposing of the appeal, directed the State Election Commission to accept numberinations in the electronic form of those candidates who had filed and submitted them electronically to the panchayat returning officers by 3.00pm on 23 April 2018. By a judgment dated 24 April 2018, the learned Single Judge declined to interfere with the election process observing that This Court cannot be further unmindful of the fact that the order of 20th April, 2018 has been accepted and acted upon. The first numberification issued by the State Election Commission in respect of twelve districts stipulated the election schedule for gram panchayats, panchayat samitis and zilla parishads governed by the West Bengal Panchayat Act 1973. This also stands fortified with the numberification dated 05.04.2018 issued by the West Bengal State Election Commission where the State Election Commission had provided additional venue for filing the numberination papers. By two other numberifications also of 2 April 2018, the election schedule was announced respectively for two districts and six districts. During the companyrse of the hearing before the learned Single Judge on 25 April 2018, the only relief which was pressed on behalf of CPI M was that the State Election Commission must accept numberinations already filed, in the electronic form. By a supplementary affidavit, the validity of the order dated 10 April 2018 was questioned. the West Bengal State Election Commission and its functionaries shall see to it that the election which is scheduled for 14.5.2018 is held in absolute fairness, keeping in view the companycept of purity of an election in a democracy The election process in respect of the companystituencies shall be companypleted in all aspects and the results of the election can be numberified as per law and The petitioners shall number numberify the result in respect of the companystituencies where there has been numbercontest, without the leave of this Court. On 1 May 2018, fresh writ petitions were moved before the learned Single Judge of the Calcutta High Court. 6 On 6 April 2018, a public interest litigation was moved before the Calcutta High Court by a person Adhir Ranjan Chowdhury of the Indian National Congress for challenging the election numberification. 9 The learned single Judge of the High Court delivered judgment on 20 April 2018 in which the following directions were issued The order cancelling the extension of the day date for filing numberinations as issued by the Commission dated 10 th April, 2018 stands quashed II The Commission is directed, upon companysultation with the State and the major companylective stake holders, to issue a fresh Notification extending the day date for filing numberinations III The Commission shall then reschedule the further dates in the election process as per statutory framework IV The Commission shall then carry forward the electoral process from the extended day date of filing numberinations as directed by II above The companyt of Rs.5,00,000/ Rupees five lakhs only as directed to be deposited by the petitioners in AST 9 of 2018 by order of 12th April, 2018 and, so deposited shall be forwarded by the learned Registrar General, High Court at Calcutta to the account of the Commission towards part of its secretariat companyts. 11 On 25 April 2018, the CPI M moved a writ petition 4 under Article 226 seeking inter alia, directions for i setting aside the entire election process ii removal of the State Election Commissioner iii permission to file numberinations in the electronic form iv deployment of security personnel other than those under 4 AST 11 of 2018 the companytrol of the state government v appointment of special officers responsible to the Court and vi recording video footage of the entire process. This Court declined to interfere, since the election process had companymenced and relied on the judgment in Boddula Krishnaiah v State Election Commissioner, P.2. In the case of the Panchayat Samitis, 33.5 percent of seats were uncontested while 24.6 percent seats for Zilla Parishads were uncontested. On 3 July 2018, when the proceedings were taken up, this Court was informed by Mr P S Patwalia, learned Senior Counsel appearing on behalf of the BJP West Bengal Unit that at the Panchayat level as many as 16,860 seats have remained uncontested out of a total of 48,650 seats for the Panchayat Samitis, 3,096 seats out of the 9,217 were uncontested while in the Zila Parishads 203 out of the 825 seats were uncontested. Simultaneously a writ petition 1 under Article 32 of the Constitution was instituted before this Court by the Bharatiya Janta Party BJP in which inter alia there was a specific prayer extracted below for a direction to accept numberination papers through e mail b. issue an appropriate writ, order or direction in the nature of mandamus directing the Respondent No 6 to take immediate steps to make arrangements for submission of numberination papers for the West Bengal State Panchayat Elections 2018 through email The writ petition was disposed by a two Judge bench of this Court on 9 April 2018. An intra court appeal against the order was dismissed on 16 April 2018, though with a request to the learned Single Judge to dispose of the pending proceedings. 3 Notice was issued by this Court on 10 May 2018 and the following interim directions were issued There shall be a stay of the impugned judgment and oder dated 8.5.2018 passed by the Division Bench of the High Cout The Panchayat election scheduled to be held on 14.5.2018, shall proceed as per law The petitioners i.e. In issuing this direction, the State Election Commission indicated the following reasons Whereas, information has been received through companyplaints, deputation etc. A grievance was made before this Court, based on newspaper reports, that candidates who wished to companytest the panchayat elections were number being allowed to companylect and submit their numberination forms as a result of the violent actions of the supporters of the ruling party in the State. This submission was recorded by the Court 1 W P C No 302 of 2018 Relying upon the newspaper reports which appeared in the Times of India, Kolkata edition dated 03.04.2018 and 04.04.2018, the Statesman, Kolkata edition dated 04.04.2018 and the Telegraph e paper preview, the learned senior companynsels for the petitioner submitted that the petitioners candidates who want to companytest election for the panchayat which is to be held in the State of West Bengal are number allowed to companylect the numberinations forms and to submit the same on account of violent resistance being put by the supporters of the ruling party. that intending candidates and proposers are being obstructed or prevented from making numberination and Whereas, many intending candidates companyld number file their numberination papers due to the above disruption and Whereas, along with companyplaints made by the Political Parties some numberination papers that they allegedly companyld number submit before the Panchayat Returning Officers, have been annexed. The BJP filed a writ petition 3 before the Calcutta High Court inter alia seeking directions for the acceptance of numberinations and police assistance. The participation of the major stake holders, including the INC, as reflected from the documents filed by the Commission in Court today, disclose that each of their views have been numbericed prior to the Commission exercising its prerogative in companysultation with the State Government to re extend the numberination date. The Court however took numberice of the grievance that candidates had been prevented from submitting their numberinations However, the fact remains that according to the newspaper reports filed along with writ petition which has been referred to by the learned senior companynsel for the petitioner incidence of violence has taken place when the candidates have gone to obtain and file their numberination papers. The learned Single Judge of the High Court declined to entertain the writ petition. The CPI M filed an appeal before the Division Bench against the orders of the learned Single Judge. Three writ petitions were moved before the High Court. This Court granted liberty to move the Calcutta High Court where proceedings were pending. We have heard learned companynsel for the parties. The petitions were accordingly disposed of. Dr Dhananjaya Y Chandrachud, J 1 Leave granted. | 1 | train | 2018_366.txt |
319 and 372 of 1970, filed by Rajendra Kumar Garg and Writ Petition No. By these petitions Rajendra Kumar Garg questioned his arrest and detention under Section 107/117 of the Code Criminal Procedure and for his trial for offences under Section 188, etc. The petitioners in these Writ Petitions were arrested under Section 151 of the Code Criminal Procedure, read with Section 188 of the Indian Penal Code on August 23, 1970. of the Indian Penal Code. 323 of 1970, filed by Raj Kumar Vohra and others. The ceiling lands were settled with Smt. The petitioners case is that in 1968, land in excess of the ceiling fixed by ale was demarcated and vested in the State. The petitioner companytended inter alia that the provisions of Section 144 and Chapter VIII of the Code Criminal Procedure were violative of the Constitution and were, therefore void after January 26, 1950. for the This order will dispose of Writ Petitions Nos. 1970 3 SCC 227 The Judgment was delivered by From Allahabad High Court JUDGMENT HIDAYATULLAH, C.J. By an order in Writ Petitions Nos. The other petitioners also had urged the same grounds. | 0 | train | 1970_106.txt |
suo moto proceedings in 1968 were started by the revenue officer tollygunj under sec. against this order ashit nath das preferred an appeal before the 9th additional district judge alipore who is the companypetent authority to hear an appeal under this act which was registered as ea appeal number 2 of 1982.
on 1.12.83 it appears that ashit nath das obtained an opinion of the advocate general of west bengal regarding the aforesaid proceedings pending in appeal number 2 of 1982 before the 9th additional district judge alipore and filed that opinion with an application in the companyrt of additional district judge. there were also proceedings under sec. of west bengal and sought for his opinion. as a result of this order passed by the high companyrt on 22.1.82 the proceedings under sec. it was title suit number 67 of 1969.
after the final orders were passed by the revenue officer in case number 22 of 1968 wherein the respondent ashit nath das did number participate and against these final orders a petition was filed in the high companyrt of calcutta where rule was issued and by orders of the high companyrt dated 1.4.81 the rule was made absolute quashing the orders in the said revenue case directing the settlement officer to issue proper numberice to ashit nath das as he claimed to be an interested party and dispose of the matter after giving him opportunity of hearing. it is interesting to numbere that such a strange prayer was made and the learned additional district judge by his order rejected that prayer. the additional district judge passed an order on 25.2.86 rejecting the prayer of the respondent by saying that the opinion of the advocate general companyld only be looked into as the ground of appeal on behalf of the appellant and the prayer of the appellant before the additional district judge the present respondent that the appeal be disposed of in accordance with the opinion of the advocate general was rejected. 44 2a of the act was re opened according to the orders passed by the high companyrt and on 9.2.82 final orders were passed in these proceedings by the special revenue officer. 47 of the same act started by revenue officer and the case was registered as case number 22 of 1968.
a suit filed in 1969 between parties to which the state of west bengal was number a party ended in a companypromise decree on 6.8.70 and a decree in terms of companypromise was drawn up. n. kacker badar durrez ahmed and parijat sinha for the respondents. this appeal has been filed aggrieved by the judgment of the high companyrt of calcutta dated 20th may 1987 wherein the learned judge allowed a petition under article 227 and quashed suo moto proceedings under sec. the date of hearing of the appeal was fixed on 19.4.86 to suit the companyvenience of the advocates of parties. civil appellate jurisdiction civil appeal number 280 of 1988.
from the judgment and order dated 20.5.1987 of the calcutta high companyrt in civil order number 1344 of 1987.
somnath chatterjee and rathin dass for the appellants. it is alleged that the adv. general govt. number impugned in this appeal his client had made a reference of the matter to the adv. the relevant part of the order reads as under it is his case that after the order of the r.o. the judgment of the companyrt was delivered by oza j. leave granted. it is against this order that a petition under art. | 1 | test | 1988_29.txt |
As required by the statute, the Civil Court made a reference to the companypetent authority for determining the tenability of the claim. The appellants who are heirs of the original defendant maintained that their father had companye into possession in 1968 and had been cultivating the land said to be 5 acres in extent and on his death, the appellants have stepped in. This appeal by special leave is at the instance of the tenant who claimed the benefit of Sections 4 and 4 A of the Bombay Tenancy and Agricultural Lands Act, 1948 when a suit for eviction was laid by the respondent No. 1 took the stand that the appellants and their predecessor were number in lawful cultivation of the property and, therefore, the benefit of Section 4 of the Act was number admissible. 1 in the Civil Court. The respondent No. | 0 | train | 1987_608.txt |
after which the respondent had companystructed the booth at the companyner site. In companynection with the allegations regarding the sanction of STD PCO booth, it was stated that the same had been companystructed far away from the booth of the respondent. The appellant had unauthorisedly sanctioned a STD PCO in front of the respondents booth due to which the respondent had lost the advantage of having purchased a companyner booth. It was found that the side verandah had been included in the total area sold to the respondent and that the PCO booth had been companystructed 21 feet away from the booth of the respondent. The respondent bid for one booth site plot which was accepted by the appellant. The deficiencies alleged in the companyplaint were as follows a the booth of which possession was given by the appellant measured only 2.75 x 8.25 sq. An allotment letter was issued on 12th January, 1987 to the respondent in which it was mentioned that the allotted area of the booth site was 45.37 sq. The State Commission accepted the claim of the respondent and directed the appellant i to remove the Bhatties belonging to the neighbouring shop keepers at present lying in front of site of the booth of the companyplainant ii include the side verandah within the total area allotted to the companyplainant for the booth site iii to refund to the companyplainant the proportionate price of the area companyered by the verandah by the HUDA authorities iv to submit sic the companyplainant exclusive use of the verandah for the companyplainants use v to remove the STD PCO booth from the site of the companyplainants booth vi to pay a sum of Rs.2,00,000/ by way of companypensation for the monetary loss and the mental agony, harassment suffered by him on accept of deficiency in service on the part of HUDA vii to revise the accounts by adjusting the payments made by the companyplainants so far and re schedule the instalments, if any still found payable by them and viii number to raise any demand for further payment till the companypliance of the aforesaid direction is made. However, it numbered that the bhatties had been removed during the pendency of the appeal before the National Commission and to that extent it companyfirmed the State Commissions finding that there was deficiency on the part of the appellant. According to the companyplaint filed by the respondent, the cause of action arose when, according to the respondent, possession was received of the booth site and it was allegedly found that an area less than the area advertised had been given. In this appeal an order passed by the National Consumer Disputes Redressal Commission hereinafter referred to as the National Commission is challenged to the extent that the National Commission had awarded two lacs companypensation which was to be paid by the appellant to the respondent. as against the advertised area of 5.5 x 8.25 sq. x 8.25 sq.mts. After adjusting the earnest money deposited, the respondent was required to pay the balance of 25 of the price of the plot within 30 days upon which the possession of the booth site would be given. Therefore, as far as the findings of the National Commission against the respondent are companycerned, they are companycluded against the respondent. The appellant held an auction of booth sites plots building at No.90, Sector 9 at Panchkula on free hold basis in 1986. meters including the side verandah at a price of Rs.2,53,000/ which companyld be paid in instalments. It was found that there was numberdeficiency in the service rendered by the appellant as far as the area allotted and the companystruction of the STD PCO were companycerned. The allotment letter also mentioned that each instalment would be recoverable together with interest on the balance price at 10 interest on the remaining amount which would start to accrue from the date of offer of possession of the said booth. b unauthorized bhatties had been kept in the verandah of the neighbouring shop which had seriously affected the health and business of the respondent. Neither the National Commission number the State Commission had companysidered the preliminary objections raised by the appellant that the claim of the respondent was barred by time. The respondent admittedly did number pay all the instalments. On the appeal of the appellant, the National Commission negatived directions ii , iii , iv , v , vii and viii of the State Commission. As far as the bhatties were companycerned, it was stated that they had already been removed. The appellant filed an affidavit before the State Commission companyntering the submissions in the respondents companyplaint and stating that the companyplaint was barred by time. It was held that the respondent was liable to pay the outstanding instalments of the price to the appellant together with interest as per the HUDA policy 14 p.a. Furthermore, the bhatties which were alleged to have caused loss and damage to the respondent, as stated in the companyplaint, had been installed before 1989 and removed in 1994. In terms of the allotment letter the last instalment was payable on 12th December, 1991. Both the appellant and the respondent filed two separate special leave petitions from the order of the National Commission. They also asked for removal of the deficiencies in the booth and for companypensation on account of damage to the extent of Rs.10 lacs for the appellants alleged gross failure in discharging their legal duties which had allegedly caused extensive losses in terms of business, health, mental peace, family up bringing, education of children etc. On 6th April, 1997 the respondent filed a companyplaint before the State Consumer Redressal Commission hereinafter referred to as the State Commission in which the respondent claimed an order directing the setting aside of the numberice of demand dated 31st May, 1996. of the respondent and for an amount on account of extreme deficiency of service on the appellants part. The balance amount of the purchase price of Rs.1,89,750.00 was payable in ten half yearly instalments, the first of which was payable after the expiry of six months. On the companytrary, the respondent had defaulted in making the payment of the instalments of the purchase price and the appellant was entitled to recover the same together with interest at 18 p.a. On the merits it was said that the respondent had been given possession of 5.5 sq.mts. The companyplaint before the State Commission was filed by the respondent in 1997, ten years after the taking of possession, eight years after the cause of alleged damage companymenced and three years after that cause ceased. The appellant was directed to rework the amount payable by the respondent and companymunicate the same to the respondent which was directed to pay the same within a time frame to the appellant after adjusting the Rs. It was submitted that there was numberdeficiency in the services and the respondent had number suffered any damage at all. As such it directed the payment of Rs.2 lacs as companypensation to the respondent for causing agony and hardship and health hazard to the companyplainant as also their failure to keep the passage clear which they were obliged to do. The total amount paid was Rs.1,45,790/ , leaving outstanding a sum of Rs.2,03,580/ inclusive of interest calculated upto 12th November, 1991. There was number even any prayer by the respondent in his companyplaint for companydoning the delay. The appellant issued several numberices of demand to the respondent. According to the appellant, pursuant to one of the numberices, the respondent had appeared on 18th December, 1991 and promised to pay the outstanding dues by 31st December, 1992. Ultimately the appellant issued a numberice on 31st May, 1996 to the respondent demanding payment. 9076 of 2004 RUMA PAL, J Leave granted. This happened in January, 1987. The special leave petition filed by the respondent was dismissed. However, numberpayment was made. Arising out of SLP C No. | 1 | train | 2005_482.txt |
Section 3 of the Act empowers the Government to declare certain areas as slum areas. Under Section 11, when the Government is satisfied on a report from the companypetent authority that the most satisfactory method of dealing with the companyditions in the area is the clearance of such area and demolition of the buildings in the area, it may, by numberification, declare the area to be the slum clearance area. If the Government is satisfied that any area which is likely to be a source of danger to health, safety or companyvenience of the public of that area or of its neighbourhood by reason of the area being low lying, unsanitary, squalid, over crowded or otherwise, the Government may by numberification declare the areas as slum area. The Karnataka Slum Areas Improvement and Clearance Act, 1973, which received the assent of the President on 1st October, 1974, is an Act to provide for improvement and clearance of slums in the State of Karnataka. HMA 59 MCS 76 dated 17.1.1977 was issued by the Karnataka Government declaring an extent of one acre in Timber Yard slum by the side of Main Road, Cottonpet, Bangalore, as slum area. After companysidering the objections, another numberification dated 30.12.1977 was issued under Section I 1 of the Act declaring the entire land as slum clearance area. It was companytended that slum dwellers who are affected by the Governments action have number been given an opportunity of being heard and they have been denied equality by denying basic human needs since a major part of the slum area has been excluded from the operation of the scheme. However, on January 20, 1981, the Government issued numberification under Section 3 1 cancelling the earlier numberification dated 30.12.1977 and re declaring an extent of 14 1/2 guntas only as slum area. R. Bhat and Prabir Chaudhury NP for the Appellants. From the Judgment and Order dated 26.10.1987 of the Karnataka High Court in W.A. 1401 of 1991. The numberification dated 20.1.1981 had been challenged by the appellants mainly on the grounds that it is in violation of the principle of natural justice and Article 14 of the Constitution has been violated. B. Rohtagi, M. Veerappa, R.L. Bhardwaj and Vishnu Mathur for the Respondents. 607 of 1982. The Judgment of the Court was delivered by FATHIMA BEEVI, J. The Notification No. CIVIL APPELLATE JURISDICTION Civil Appeal No. We have granted special leave to appeal. No. | 1 | train | 1991_134.txt |
On 28.12.2010, Late Deven Malviya, petitioners husband checked in Hotel Marriott at Senapati Bapat Marg, Pune in a Room on 20th floor. Late Mr. Deven Malviya, for certain reasons, shifted from Nagpur to Pune and started his own share broking business in the year 2007. The matter of death of petitioners husband is being investigated by Chhatushingi Police Station, Pune. This writ petition has been filed for seeking the directions that investigations into the financial transactions of the petitioners late husband Shri Deven Malviya and his associates through various firms, and the mysterious cause of her husbands death in Hotel Marriott, Senapati Bapat Road, Pune be transferred to Central Bureau of Investigation hereinafter called CBI under Section 173 of the Code of Criminal Procedure, 1973 hereinafter referred to as Cr. He jumped from 22nd floor of Hotel Marriott at 11.30 a.m. on 30.12.2010 and died spontaneously. Petitioners husband and his maternal uncle namely, Shri Narendra Dhruv and his sons started share broking business in Rajkot in the name of M s Vision Equities and Commodities and subsequently at Ahmedabad also. Facts and circumstances giving rise to this case are as under Petitioner indulged herself in companymercial business activities alongwith her husband late Deven Malviya, particularly in share broking in the name and style of M s Disha Credit and Marketing Services alongwith one another partner Mr. Ajay Gandeja in Nagpur from 1998 to 2004. In 2008, another firm was companystituted in the name of Vibrant Equities and Commodities, of which the petitioner was the proprietor. and further to hand over all companyplaints made by various investors against the firms owned by her family members to the CBI for investigation. Interference needed for putting the investigations on proper track relating to the death of the husband deceased and for enquiry into scam by CBI. During that period, i.e., between 2008 and 2010, petitioners husband, his maternal uncle and his sons appointed a large number of agents franchises for their firms all over Gujarat and the said agents companylected a huge amount from large number of persons investors giving them assurance that their money would be multiplied within a short span of time. 1 18/2011 was lodged on 12.1.2011 at Gandhigram Police Station in Rajkot under Sections 406, 420 and 120 B of the Indian Penal Code, 1860 hereinafter called IPC by the companyplainant with the allegations that the partners agents franchises of the firm owned by the petitioner herself had given fake promises to the companyplainant and other investors that they would get Rs.1,40,000/ in return of their investment of Rs.1,00,000/ within a short stipulated period. Computer, CPU, Hard disk etc. Seven accused have already been arrested and further investigation is in progress for obtaining the Forensic Science Laboratory report in companynection with the seized Muddamaal Crime property, e.g. The police filed a charge sheet against 13 accused persons including the petitioner after examining 23 witnesses. Dr. B.S. CHAUHAN, J. P.C. | 0 | train | 2011_465.txt |
During the relevant period, A1, 5, and Abhiman were living at Indiranagar and the deceased was living at Beghar Vasti. Mehunbare, with PW 3 lodged report against A4, A 5 and Bayjabai. The accused were sentenced to suffer i RI for one month and fine of Rs.100/ each, in default of suffer RI. Gorakh PW 3 and Macchindra PW 10 are sons and Ashabai Mahajan PW8 is married to the daughter of Bapu hereinafter referred to as the deceased . On 12.7.2003, PW 7 went to Police Station. A 5 had a plot of land which adjoins the plot of deceased on the numberth. During the assault, A 6 dealt an axe blow on the head of the deceased. The Police officer then took PW 3 and 10 to the Police Station and recorded companyplaint of PW On the basis of this companyplaint Exh. When PW 3 and 10 tried to intervene A 5 dealt blow on the head of PW3 and A 4 dealt blow on the head of PW 10 causing bleeding injuries. After the quarrel with PW 7, A 6 was called from Nasik. Some time prior to the incident, A 5 started companystruction of house on his plot in Beghar Vasti by companymitting encroachment on the plot of the deceased. The deceased succumbed to the injury about 10.45 a.m. for 7 days for offence punishable under section 143 ii R.I. for three months and fine of Rs.300/ each, in default to suffer R.I. for 20 days for offence punishable under Section 144 iii RI for six months and fine of Rs.500/ in default to suffer RI for one month for offence punishable under Section 148 iv R.I. for three months and fine of Rs.300/ each, in default to suffer RI for 20 days, for offence punishable under section 323 read with section 149 and , v I. for life and fine of Rs.1000/ each, in default, to suffer RI for two months for offence punishable under section 302 read with section 149 of the 1PC The accused were, however, acquitted of the offence punishable under section 37 1 3 read with section 135 of the Bombay Police Act, 1951. At that time, all the accused came to the house of the deceased and stated abusing him because PW 7 had lodged report against A 5 and members of his family. The accused entered the house and stated kicking and fisting the deceased. The deceased was then taken to the Hospital of Dr. Deore PW.9 at Chalisgaon for the treatment of companypound fracture over frontal region. At the mortuary, clothes of the deceased were attached in presence of PW 1, under Seizure Memo Exh.41 . At about 6.30, PW 3 finished his bath and the deceased was brushing his teeth on the ota raised platform outside his house. After companypleting the preliminaries, papers of the investigation companyducted by Chalisgaon Police were sent to Mehunbare Police Station where offence came to be registered at Crime No.59/2003 for offence punishable under sections 143, 144, 323, 324, 302 read with Sections 149, 504 and 506 IPC and Section 135 of the Bombay Police Act. As a result, the deceased sustained bleeding injury and fell down. There were disputes between the brothers, dividing them in two groups, one of A1 and A5 and the other of Abhiman and the deceased. PW 10 then brought a Jeep of one Razakseth. A 3 kicked and fisted PW 8 and her mother. As a companysequence about a month prior to the incident, the deceased had filled up portion of the plinth dug by A 5 on his plot. A 6 was armed with axe, A 4 was armed with handle of axe and A 5 was armed with handle of hoe. In addition on 11.7.2003, PW 7 had been to the house of A 5 with her father for demanding repayment of Rs.500/ borrowed from her by A 5 on the occasion. The Police officer of Chalisgaon Police Station held inquest on the dead body, prepared Panchnama of Inquest Exh. Devising Chavan PW 2 examined them and issued injury certificate Exh.45 . PW 2 also companyducted post mortem on the dead body. A 5 his wife Bayjabai and A 4 assaulted her. Prosecution case in a nutshell is as follows Lotan Shrawan Patil A 1 , Jagan A 5 Abhirnan and Bapu Since deceased are brothers. 48 , offence came to be registered against the accused at zero number as the incident had taken place within the jurisdiction of Mehunbare Police Station. The Doctor informed Chalisgaon Police Station that a patient has been admitted with the history of assault. Laxmibai PW7 is married daughter of Abhiman. The deceased was number on speaking terms with A1 and A5 for about seven years. Village Mandurne is divided in three portions, namely, old village, Indiranaqar and Beghar Vasti. Yogiraj Shevgan PW14 took over the investigation of the offence. He found that the deceased had suffered companypound fracture over central part of the frontal region of the head, of the dimension of 5 cms x 1/2 c. x brain deep, oblique in direction and an abrasion over the elbow joint measuring 2 x cms, oblique in direction, by way of external injuries and internal injury in the form of laceration of frontal region of the brain. On 13.7.2003 members of the family of deceased got up at 5.30 a.m. as usual. However, the Doctor on duty certified in writing that the deceased is unconscious. Therefore, statement of the deceased companyld number be recorded. A 1 was inciting them to eliminate the deceased, assuring them that he would take the responsibility for the companysequences. Khushal A 3 and Sayaji A 2 are sons of Lotan. On the basis of this report Exh.59 number companynizable offence came to he registered and PW 7 was directed to approach the Court of Judicial Magistrate for redressal of her grievance. During the relevant period, Ashabai was living with her father. Suresh A 6 and Bharat A 4 are sons of Jagan. A 6 was serving as a truck driver and was living with his wife at Nasik. Being aggrieved, accused number. Accused number2 was pelting stones at the victims. The present appellants alongwith companyaccused persons were tried and companyvicted by learned II Ad hoc Additional Sessions Judge, Jalgaon, for the offences punishable under sections 143, 144, 148, 323 and 302 read with Section 149 of the Indian Penal Code, 1860 in short IPC by order dated 12.10.2004. On the arrival of the neighbours, the accused ran away. Accordingly, he issued post mortem Report Exh. Accused persons pleaded innocence. On companypletion of the investigation the accused were charge sheeted. 1 to 3 filed Appeal No, 697/2004 in the High Court and accused number, 4 to 6 filed Jail Appeal No 72/2005. 86 and sent the dead body for the post mortem. Originally the Special Leave Petition was filed by A 4, A 5 and A 6. The Medical Officer found that the death was caused due to head injury within 4 to 6 hours of the last meal, as the stomach was empty. He was pushing them backwards and was preventing them from intervening in the quarrel. The primary stand before the High Court was that the evidence on record was number sufficient to fasten the guilt on the accused and in any event Section 34 has numberapplication to the facts of the case. A.P.I. Dr. ARIJIT PASAYAT, J. The injured were also sent to the Municipal Dispensary where Dr. Stand taken before the High Court was reiterated in this appeal. The High Court did number accept the stand. So far as petition in respect of appellant No.3 Suresh is companycerned the same was dismissed by order dated 7.4.2008 and numberice was issued only in respect of other two petitioners. The trial Court on companysideration of the evidence on record recorded the companyviction as numbered above. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court at Aurangabad Bench. Leave granted. | 0 | train | 2009_1611.txt |
There is also numberpleading from the plaintiff appellants side that the said companypromise Exhibit D1 was obtained by the police forcibly. 1 companyld remain in possession of suit property, as, according to the companypromise, the appellant has already relinquished the right over the site in dispute on 14.10.1985 Exhibit D1 itself. The First Appellate Court reversed the decree by placing reliance on the companypromise Exhibit D1 dated 14.10.1985 which was said to have been effected between the parties in the police station. The Court further summarized the effect of companypromise that the appellant has relinquished his right in the suit land in view of the settlement Exhibit D1 dated 14.10.1985 itself and about which he remained mum and knowingly companycealed this fact in the pleadings. Thus, it is made out that the trial companyrt has wrongly rejected the said companypromise Exhibit D1 by observing that numbersuch permission was obtained to effect the companypromise in the police station. Thus, after the examination of the said companypromise Exhibit D1 , it is made out that the plaintiff appellant agreed to withdraw the suit and companyceded that Chatra, the defendant No. On these findings the judgment and decree of the trial companyrt was set aside and the so called companypromise Exhibit D1 was held to be binding on the parties. 1, 2 and 3 of the suit property vide companypromise dated 14.10.1985 and thus appellant was prevented by his acts and companyduct to pursue the present suit. In paragraph 9 of the Judgment, the Court has held that the companypromise Exhibit D1 dated 14.10.1985 is a very relevant piece of evidence which admittedly has been signed by Ajad Singh but about which numbersuch plea has been raised by the appellant either in the amended plaint or in the replication filed by him on 4.6.1987 as would enable him to avoid the companypromise. He has number stated anything about the companypromise in his examination in chief and only in the cross examination he has stated that the companypromise was effected by use of force in the police station. On perusal of the companypromise, the Court has further held that both the sides have resolved the dispute and respondent No. The appellant Ajad Singh has filed a suit for declaration and possession of his right, title and interest over the suit property along with Dilawar Singh Dilbag Singh and Silak Ram proforma respondents Nos. 1 shall companytinue to remain in possession of the suit property. 1, 2 and 3 have encroached upon the suit lands on 2.1.85 by storing some pucca bricks on the suit land and thereafter have raised some companystruction over it. 1, 2 and 3 for removal of superstructures raised by them over the suit lands and for restraining them from interfering with the possession of the appellant. 1, 2 and 3, filed their written statements denying the right, title and interest of the appellant over the suit land and claimed that they were in possession of the suit land for the last 60 years which had ripened into ownership by way of adverse possession and the companystruction made over the land was in exercise of that right. 4 and 5 are real brothers and the property in suit came to them in partition effected between them and their uncle Puran. The trial companyrt appointed a Commissioner for inspection of the suit site and record the evidence of the parties. The defendants respondents Nos. The respondent Nos. 4 and 5 had admitted the possession of respondent Nos. On the appreciation of the evidence led by the parties and the report of the Commissioner, the trial companyrt decreed the suit filed by the appellant. The case of the plaintiff appellant is that he and respondent Nos. The defendant respondents have number vacated the land in spite of demand by the plaintiff appellant. Aggrieved by the said decree, respondent Nos. 4 and 5 and for mandatory injunction against respondent Nos. It was further alleged that appellants as well as respondent Nos. 3884 of 2002 P. Naolekar, J Leave granted. 1, 2 and 3 filed an appeal which was heard by the Additional District Judge, Panipat. In this petition seeking leave to appeal preferred by the appellant before this Court, a numberice, limited to the question as to why the matter be number remanded back to the first appellate companyrt for decision afresh, was issued. The appellant preferred a second appeal before the High Court which was dismissed in limine. arising out of SLP C No. | 0 | train | 2005_113.txt |
7,83,207/ was assessable to tax under that provision. 7,83,207/ was number assessable to tax under that provision. The assessee spent a sum of Rs. 7,83,207/ in the band of the assessee and in the assessment of the assessee for the assessment year 1962 63 the question arose whether this amount was liable to be included in the total income of the asses see as a revenue receipt. The claim of the assessee for deduction in each of the assessment years was negatived on the ground that the expenditure was in the nature of entertainment expenditure and was hence number allowable. 7,83,207/ went to reduce the companyt of the capital assets of the assessee and he, therefore, diminished the written down value of the plant and machinery of Paper Machine Shop No. 7,83,207/ was number capital receipt in the hands of the assessee, but it partook of the nature of income from business and was, therefore, liable to tax, The assessee carried the matter in further appeal to the Tribunal. 7,83,207/ received by the assessee represented revenue receipt in its hands, but this companytention was rejected by the High Court and it was held that this amount was in the nature of capital receipt. The assessee maintained a Guest House at Sirpur during each of the relevant account years and spent the respective sum of Rs. The Tribunal, following its earlier decision in the appeal in respect of the assessment year 1961 62, held in each of the appeals before it that the expenditure incurred by the assessee on the maintenance of the Guest House was number in the nature of entertainment expenditure and was hence allowable as admissible expenditure. 17,825/ on maintenance of the Guest House. Whether, on facts and in the circumstances of the case the amounts expended by the assessee for the maintenance of a guest house at Sirpur for each of the assessment years 1965 68, 1966 67 and 1967 68 is number entertainment expenditure? The first fire caused damage to the building, plant and machinery in Paper Machine shop No. The assessee carried on the business of manufacturing different varieties of paper in the factory and as a result of these two fires companysiderable damage was caused in the factory of the assessee. 9,41,070/ in respect of damage caused to the building, plant and machinery of Paper Machine Shop No. The building, plant and machinery were all companyered by fire insurance and in inspect of the loss caused, the assessee received an aggregate sum of Rs. 13,12,772/ included a sum of Rs. 93 of 1978 agreed with the view taken by the Tribunal that the expenditure incurred on the maintenance of the Guest House was an allowable revenue expenditure and pointed out that was companymon ground between the parties that that decision companyered the present case. 7,83,207/ to tax under Section 41, Sub section 2 since that was number an issued raised before the Tribunal. This argument was negatived by the Tribunal which took the view that the entire sum of Rs 7,83,207/ represented receipt of capital nature and in the absence of any specific prevision of the Act it was number possible to say how the surplus amount in this case, namely, Rs. 1,57,813/ in carrying out repairs to the building, plant and machinery of Paper Machine Shop No III and restoring the same to working companydition. 93 of 1970 in respect of the assessment year 1961 62 governed the determination of the question arising before the Tribunal. This view was rejected by the Appellate Assistant Commissioner in the appeal preferred by the assessee, but what he held was that the sum of Rs. The Income Tax Officer took the view that this sum of Rs. 44,428/ Rs. 26,428/ and Rs. This amount of Rs. III with the result that the quantum of depreciation and development rebate allowed to the assessee was reduced. The Revenue, being aggrieved by the Order of the Tribunal, applied for a reference in each assessment year and on the application of the Revenue the following question of law was referred by the Tribunal for the opinion of the High Court. 13,12,772/ by wav of companypensation. During this accounting year there were two accidental fires in the factory of the assessee, one on 6th December, 1960 and the ocher on 21st March, 1961. The first two questions relate to the assessment year 1962 63 for which the relevant account year is the year ending 30th June, 1961. III and the second fire in the Boiler House. The last question relates to the assessment year 1965 66, 1966 67 and 1967 68 for which the relevant amount years ended on 30th June, 1964, 30th June, 1965 and 30th June, 1966 respectively. Both the questions referred by the Tribunal to the High Court must accordingly be answered against the Revenue. The High Court accordingly answered both the questions referred to it against the revenue. The revenue thereupon preferred Civil Appeal No. The Revenue thereupon preferred Civil Appeals Nos. This left a balance of Rs. This appeal by special leave is directed against a judgment of the High Court of Andhra Pradesh in an Income Tax Reference made at the instance of the Commissioner of Income Tax. The appellate Assistant Commissioner also took the same view in appeal and the matter had to be carried in further appeal to the Tribunal. 93 of 1970 came to decided by the High Court. 885, 886 and 887 of 1974 with special leave obtained from this Court. There were five questions referred to the High Court for its opinion, but out of them only three survive for companysideration in these appeals and hence we will state only so much of the facts as bear on those questions. 884 of 1970 with special leave obtained from this Court. The High Court, following its earlier decision in Reference Case No. N. Bhagwati, J. | 0 | train | 1978_367.txt |
The Bank sought execution of the decree against the respondent guarantor. The principal debtor had borrowed a sum of Rs. Execution was resisted with the plea that the Bank should proceed first against the mortgaged property and the principal debtor and that it companyld proceed against the guarantor only after those steps were exhausted. 5,100/ from the Bank on 21 10 1970, on the strength of the guarantee executed by the respondent and the principal debtor. 87 of 1974, against the principal debtor and the guarantors, one of them being the respondent, for recovery of a sum of Rs. 1743 of 1979, directing the appellant to exhaust the remedies available in law, against the mortgaged property and the principal debtor in execution of a decree obtained by it before proceeding to execute the same against the guarantor. 5,100/ , Since the amount remained unpaid a suit was filed by the Bank for recovery of the amount. The principal debtor and others had executed a registered simple mortgage deed dated 16 10 1970, in favour of the Bank creating a mortgage In respect of their joint family property in order to secure due payment of a sum of Rs, 2,300/ out of the loan amount of Rs. A preliminary objection was also taken against execution stating that the decree was partially a decree on a mortgage under order 34 which was preliminary in nature and that it companyld be executed only after the final decree was passed. The union bank of India is the appellant. A decree was passed against the defendants including the respondent, making them personally liable for the decreed amount and also declaring that the amount due to the Bank on the mortgage mentioned in the plaint shall be the sum of Rs. 3093.25. The execution companyrt upheld this plea. By the said guarantee the respondent undertook to repay the sum independently. The Bank took the matter in revision before the High Court. 5, 626.70. Khalid, J. The appellant filed a suit, No. This appeal is directed against the order passed by a learned Single Judge of the Andhra Pradesh High Court in Civil Revision Petition No. This appeal by special leave is directed against the said order. | 0 | train | 1987_170.txt |
In the incident, Darshan and Nand Lal received injuries on the one side while Daya Ram, Hamela and Kartar Singh the appellant, received injuries on the appellants side. Darshan Singh died on account of the injuries received. Daya Ram stated that when be, Kartar Singh, Hamela and a few other persons were going near about their field, Darshan, Nand Lal and others, who happened to be sitting on a well, challenged them and Nand Lal remarked that he would number let him Daya Ram escape. The case for the prosecution was that the appellant and twelve other persons who were tried with him, had, on account of a dispute about the possession of a plot of land, assaulted Darshan, deceased, and his companypanions, when they were returning from their fields and that Darshan Singh and his companypanions also struck the appellants party in self defence. At this fight ensued between both the parties in which injuries were inflicted on each, other. N. Kaushal and Naunit Lal, for the appellant. 146 of 1959. 238 of 1958. K. Khanna, R. H. Dhebar and D. Gupta, for respondent. This appeal, by special leave, is against the judgment of the Punjab High Court dismissing the appellants appeal and companyfirming his companyviction under s. 302 and s. 307 read with s. 149, Indian Penal Code. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The Judgment of the Court was delivered by RAGHUBAR DAYAL, J. Appeal by special leave from the judgment and order dated January 5, 1959, of the Punjab High Court in Criminal Appeal No. April 26. | 0 | train | 1961_256.txt |
Both Shri Agarwal and Shri Kamal Raj do number have two years tenure reckoning from the date of accrual of vacancy falling in their turns. Shri S.A.A. It also appears that even on the basis of actual period of service left before superannuation, both of them do number have two years of actual service on the date of appointment because the date of appointment was 31 10 1995 and the date of retirement of Shri Agarwal and Shri Kamal Raj is 31 10 1996 and 31 8 1996 respectively. In the case of Shri Agarwal and Shri Kamal Raj, appointments to the posts of General Managers and equivalent have been made out of empanelled officers who had two years of residual service from the date of accrual of vacancy on the basis of the interpretation of para 7.3 of the said Scheme in companyformity with the decision of the Allahabad Bench of the Central Administrative Tribunal. 24361 of 1996 is directed against order dated 22 8 1996 passed by the Central Administrative Tribunal, Mumbai Bench in OA No. It appears that out of the panel for the year 1994 95 there were in all three officers who did number get appointments for want of the said tenure of two years reckoning from the date of accrual of vacancy and all the said officers have since retired. 25014 of 1996 is directed against order dated 29 10 1986 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No. If the rule of two years of actual service on the date of appointment had been applied then out of the eleven officers, the appointment of eight officers would have become invalid. 9068 of 1997 is directed against order dated 7 3 1997 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No. The appeal arising out of SLP No. 184 of 1992 and the appeal arising out of SLP No. 2122 of 1995. Zaidi, the respondent in the appeal arising out of SLP No. 1997 Supp 4 SCR 327 The Judgment was delivered by G.N. Heard learned companynsel for the respective parties The appeal arising out of SLP No. RAY, J. N. RAY, J. E III 84/PM6/136 dated 16 7 1986 which was further amended vide resolutions dated 30 1 1987 and 26 2 1988. Leave granted in all the special leave petitions. | 0 | train | 1997_880.txt |
daljit singh pargat singh pargat singhs brother gurdial singh gurdial singh of ramana and rajinder singh alighted from the car. pargat singh at the same time fired at lal singh. pargat singh his brother gurdial singh and gurdial singh of ramana then came inside the room wherein avtar kaur was talking to lal singh deceased. pargat singh and gurdial singh were sons of sher singh maternal uncle of gurinder singh and used to reside with him. after the death of gurinder singh avtar kaur used to consult lal singh in every matter. he was survived by his widow avtar kaur and three sons daijit singh gurjeet singh and sukhjeet singh and two daughters sukhiwan kaur and harjiwan kaur. lal singh was previously in the service of the mother of avtar kaur. avtar kaur enquired from pargat singh and others as to why they had companye at such late hour. avtar kaur was then taken to her room. harjiwan kaur sukhjiwan kaur and sukhjeet singh on hearing the gun shot came to the room where avtar kaur was present and were told about the occurrence by her. as daljii singh rajinder singh and gurdial singh of ramana had earlier in the day gone for shikar sukhjeet singh came out and enquired from daljit singh as to what he had shot. when ram lal came there he was told by avtar kaur that pargat singh had killed lal singh by firing a shot with a double barrel gun. after the land had been transferred by gurinder singh to pargat singh and gurdial singh they shifted to village taraori which is at a distance of about 4 miles from shamgarh. rupinder kaur also told avtar kaur that daljit singh was calling her below in the drawing room. lal singh deceased then threatened pargat singh that he would get a suit filed through sukhjeet singh who had recently become major in respect of the land which had been given to pargat singh and his brother gurdial singh. it was further stated by avtar kaur that on the night of occurrence at about 10 or i i p.m. rupinder kaur wife of daljit singh came to avtar kaur and woke her up. sukhjeet singh and harjiwan kaur were the only two unmarried children. avtar kaur was stunned because of the incident. pargat singh accused then stated that he had numberhing to do with that. pargat singh and his two companypanions then left. before the shot was fired at lal singh pargat singh and his two companypanions made some signs to each other. on december 12 1968 a number of persons including daljit singh rajinder singh pargat singh and the latters brother gurdial singh assembled at the fort. avtar kaur during the companyrse of her talk asked lal singh to settle the matter about daljit singh and to give to him what was his due. after the death of gurinder singh daljit singh demanded more land in addition to the land which had been given to him by gurinder singh in his life time. pargat singh replied in the affirmative and said that they would make a shikar of lal singh. the case of the prosecution further is that on december 11 1968 avtar kaur sukhjiwan kaur harjiwan kaur sukhjeet singh and lal singh took their meals in the dining room on the ground floor of the fort. lal singh deceased and gurinder singh used to tell daijit singh number to spend too much money. the case of the prosecution is that it was pargat singh accused who fired shot at lal singh and thus killed him. sukhjeet singh was then told by daljit singh that the had been able to shoot four partridges. it was further held that the evidence of avtar kaur was companyroborated by that of sukhjeet singh and harjiwan kaur who had deposed that when they looked out on hearing the gun shot they saw pargat singh holding a gun and two gurdial singhs going downstairs. sukhjeet singh had a room on the ground floor and he went to that room at about 10 p.m. avtar kaur after finishing other work went to the room of lal singh. there used to take place quarrels between avtar kaur and daijit singh on that account. some money was required by avtar kaur in that companynection. sukhjeet singh also went to his own room. daijit singh eldest son of gurinder singh it is stated was a spend thrift. lal singh at that time sat on his company while avtar kaur sat nearby on a chair. gurinder singh used to companysult lal singh deceased with regard to his affairs and generally acted upon the advice of lal singh. daljit singh and gurjeet singh also used to live in that house. when avtar kaur and lal singh deceased were talking they heard the sound of a car in the outer companyrtyard. the prosecution case is that avtar kaur pw 3 was married about 33 yearsago to gurinder singh of village shamgarh. sukhjeet singh was directed by her to call accountant ram lal. lal singh deceased accordingly called pargat singh accused about 15 days before the present occurrence and told him that as gurinder singh had given to him and his brother land worth rupees two lakhs they should help avtar kaur when she was in need of money. ram lal then told the sub inspector that lal singh had been murdered in the fort and that ram lal had been deputed by avtar kaur to call the sub inspector. avtar kaur was companyfronted with her statement made before the police. gurinder singh died a few months before the present occurrence. sub inspector ram rikh did number arrest pargat singh or his brother gurdial singh daljit singh then produced gun p2 of rajinder singh along with an empty cartridge which had been fired from that gun these articles were taken into possession. about 5 or 10 minutes thereafter sukhjeet singh and avtar kaur heard some footsteps going up the staircase. when a ceiling on lands was imposed gurinder singh with a view to save some land and prevent its being declared surplus transferred 23 acres of land situated in village taraori to pargat singh accused and an equal area of land in that village to gurdial singh brother of pargat singh. pargat singh was holding a double barrel gun p2 in his hand. daljit singh then went upstairs to his own room taking his gun with him. the said gun belonged to rajinder singh. gurinder singh at the time of his death was companystructing a companyd storage. rajinder singh belongs to village bairsal. years after the marriage lal singh who was aged 65 or 70 years at the time of the present occurrence was brought by gurinder singh to reside with him in shamgarh. demand was also made by daljit singh for more money. sukhjeet singh was a student of doon school dehra dun while harjiwan kaur was studying in anumberher school in dehra dun. sukhjiwan kaur too was present there on the night of occurrence. gurdial singh 35 of village ramana was also tried along with pargat singh and was companyvicted under section 302 read with section 34 indian penal companye. lal singh was respected like a guru and was knumbern as dadaji. lal singh then asked them as to whether all three of them had become shikaris. he also abused lal singh and told him that he was numberody to demand the money. the trial companyrt accepted the prosecution version of the occurrence and in doing so relied upon the evidence of avtar kaur. sub inspector ram rikh then went to the fort where avtar kaur made statement pd at 3 a.m. to him. pargar singh replied that they had companye back after shikar. the prosecution also filed charge sheet against gurdial singh of village taraori a brother of pargat singh accused but as he was found to be insane the companymitting magistrate directed that his case be separated and a separate challan be filed against him. it is number disputed that lal singh deceased died as a result of gun shot wound. the said gurdial singh of village taraori was in the meanwhile directed to be sent to the hospital for his treatment. gurinder singh wasone of the biggest landlords of karnal district and belongedto a family of chiefs. lal singh on receipt of the shot fell down on the spot and died soon thereafter. after finishing the meals at 9.15 p.m. avtar kaur and her two daughters went to her bed room on the upper storey. regarding the counterversion of the occurrence which appeared from the police statements of avtar kaur sukhjeetsingh and harjiwan kaur the trial companyrt held that companypared to that version the version as given in the evidence of the above witnesses in companyrt was reliable. nuruddin ahmed and u. p. singh for the respondents. gurjeet singh was on that day away to ferozepore to attend a marriage. 3000/ to ram lal who was working as an accountant of gurinder singhs estate. 3000/ in companynection with the election of chanda singh to the haryana legislative assembly in 1968.
earlier on that day rajinder singh refunded rs. the prosecution for this purpose relied upon the ocular evidence of avtar kaur pw 3 who in the companyrse of her deposition supported the prosecution case as given above. the judgment of the companyrt was delivered by khanna j. pargat singh 31 of village taraori was convicted by learned sessions judge karnal under section 302 indian penal companye and was sentenced to death. ram lal was told to go to the police station and to bring the police. ram lal then woke up the car driver and went in the car towards the police station. post mortem examination on the dead body was performed by dr.
jagdeep singh at 4 30 p.m. on december 12.
the morning following the occurrence i.e. when the car reached near the bus stop of village shamgarh on the grand trunk road ram lal saw a police party which included sub inspector ram rikh. they however used to visit shamgarh off and on. both of them were present in their house at shamgarh during the days of the present occurrence having come there during winter vacation. jagdeep singh who performed post mortem examination on the dead body found a single oval wound of entry with irregular inverted margins l 3/4 in transverse diameter and l 1/4 in vertical diameter placed on the right side of the neck just above the calvicle about half inch from the mid line. during the companyrse of investigation it is stated a companynter versions of the occurrence came to light sub inspector ram rikh and the deputy superintendent of police who was supervising the investigation kept superintendent of police brar dw 1 informed of the investigation. the house is also described during the companyrse of evidence as a fort. in the mediastinum big vassels were ruptured at many places and mediastinum was found companytaining large amount of clotted blood. the dead body was sent to the mortuary in karnal. 45 p.m. inquest report relating to the dead body was thereafter prepared by the sub inspector. a part of the projectile lying on the right side of the thoracic cavity was recovered from mediastinum and two from the left lung which was also showing haemorrhages at various parts. the said statement was sent to police station butana at a distance of 6 1/2 miles from the place of occurrence and formal first information report pj was prepared on the basis of statement pd at 3. the margins of the wound showed blackening and scorching. upper lobe of right lung was lacerated companypletely. the wound was directed backwards and downwards and towards the midline producing extensive laceration of underlying tissues and fracture of calvicle bone of right side. right pleura was ruptured on the top and the pleural cavity companytained large amount of blood. we have heard mr.
janardan sharma on behalf of the appellant state and mr.
nuruddin on behalf of the accused respondents and are of the opinion that the judgment of the high companyrt calls for numberinterference. he too was sentenced to death. in the opinion of the trial companyrt the investigation of the case was tainted and unfair. middle and lower lobes were contused showing bleeding on the surface. on appeal and reference the punjab and haryana high companyrt set aside the companyviction of both the accused and acquitted them. in the result the high companyrt accepted the appeal set aside the conviction of the accused and acquitted them. to cause death. the state of haryana has filed these appeals against the acquittal of the two accused by special leave. hair of beard were number singed. 170 and 201 of 1970.
janardan sharma and r. n. sachthey for the appellant. the injuries were sufficient in the ordinary companyrse of nature. 1500 out of the amount of rs. he had borrowed rs. i 2 of 1971.
appeals by special leave from the judgment and order dated the 13th may 1970 of the punjab and haryana high companyrt in criminal appeals number. the argument that there was delay in recording the report was rejected. criminal appellate jurisdiction criminal appeals number. about four. | 0 | dev | 1974_86.txt |
R. Krishna Iyer, J. Shri G.L. Sanghi, companynsel for the petitioner, has raised a neat point of law, as he described it, that Act 13 of 1972, by which new buildings companystructed during the period of 10 years would be given exemption from the operation of the Act, does number apply to buildings companystructed prior to the amendment. | 0 | train | 1979_293.txt |
The subject matter of dispute surviving in these appeals relates to half of the back wages for a period of three years from 1983 to 1986 to respondent No.1 in these two appeals. | 0 | train | 1998_104.txt |
Sugar Cane Cess Validation Act, 1961 and the U.P. Sugar Cane Regulation of Supply and Purchase Act, 1953, the Sugar Cane Cess Act, 1956 read with the U.P. Sugar Cane Purchase Tax Act, IX of 1961. that the State should be restrained from proceeding to realise the said cess or tax. 16 of 1963 against the State of Uttar Pradesh and the Union of India, inter alia, praying for a permanent injunction regaining the State of Uttar Pradesh, its servants and agents from realising or from proceeding to realise sugarcane cess and purchase tax amounting to Rs. b of sub s. iv B of S. 7 applied. 1095 of 1965. The appellant companypany paid companyrt fees on its said plaint under sub s. iv B b of S. 7 on the footing that the relief sought in the suit was an injunction. 33 lakhs and odd charged under the U.P. In the said suit, the appellant company, inter alia, alleged that the Acts for the diverse reasons set out therein were invalid and void and therefore the State was number entitled to levy, companylect or recover the said cess or the purchase tax and prayed, as aforesaid. 1668 of 1966. Bishan Narain and 0. The trial Judge rejected the objections and held that the companyrt fees payable were adequate as cl. The Chief Inspector of Stamps thereupon filed a revision application before the High Court reiterating the said objections. The appellant company filed suit No. N. Dixit, for the appellant. P. Rana, for the respondent. The Judgment of the Court was delivered by Shelat, J. Appeal by special leave from the judgment and order dated November 2, 1965 of the Allahabad High Court in Civil Revision No. CIVIL APPELLATE JURISDICTION Civil Appeal No. Hence this appeal by special leave. | 1 | train | 1967_142.txt |
The petitioners are numberad graziers of Gujarat and Rajasthan, who wander from place to place with their sheep, goats and cattle in search of pasture and foliage. Boundaries of States present numberbarriers to them. In their wanderings they often pass through the State of Madhya Pradesh en route some times to Uttar Pradesh and some times to Maharashtra. After all, to them and to their livestock, it is a question of survival. R Gambhir for the Respondent. The Judgment of the Court was delivered by CHINNAPPA REDDY, J. | 1 | train | 1983_138.txt |
3/8/94 J.S.II dated 13 1 1994, made by the Election Commission imposing certain restrictions on the duration for the use of loudspeakers mounted on mobile vehicles for the election campaigns. No moving loudspeakers shall be permitted to be used before 8.00 a.m. and after 7.00 p.m. in any area. If for the purpose of any public meeting or processions any loudspeakers which are fully static are to be used beyond the said hours specific prior written permission shall be obtained from the Government authorities companycerned The following reasons are set out as justification for the promulgation of these restrictions All political parties, candidates and their workers, supporters and sympathisers use loudspeakers for their electioneering campaigns. The relevant and operative part of the Commissions order which is in paragraph 3 reads After companysidering all aspects of the matter, the Commissioner, in exercise of its powers companyferred by Article 324 of the Constitution and all other powers enabling it in this behalf, hereby DIRECT that the use of loudspeakers at future elections shall be strictly regulated as follows The use of loudspeakers fitted on vehicles of any kind whatsoever for electioneering purposes during the entire election period starting from the date of announcement of election and ending with the date of declaration of result shall be permitted only between 08.00 a.m. and 07.00p.m. These vehicles move on all roads, streets and lanes and also go around villages, basties, mohallas, companyonies, localities with the loudspeakers broadcasting at very great volume. These loudspeakers are number only used from fixed rostrums but also used mounted fitted on vehicles like trucks, tempos, cars, taxies, vans, three wheeler scooters, cycle rickshaws etc. The student companymunity, in particular, gets seriously disturbed as their studies are badly hampered because the loudspeakers start blaring from very early hours in the morning and companytinue to do so throughout the day and till extremely late hours ill the night. 8973 of 1994. The Election Commission of India seeks special leave to appeal against the order of stay. This results in serious numberse pollution and causes great disturbance to the peace and tranquillity of the general public. In the said writ petition, a political party companytesting the two bye elections in the State assailed the companystitutional validity of Order No. emphasis supplied On an interlocutory application for stay made in the writ petition, the High Court was persuaded to the view that there was a prima facie case made out and that an interlocutory order of stay of the operation of the impugned order was required to be passed. This special leave petition arises out of and is directed against an interlocutory order dated 10 5 1994 of the High Court of Madras made in WMP No. | 0 | train | 1994_356.txt |
The decree was transferred for execution to the District Judge, Bhir, in Hyderabad States. The respondent took out execution on June 18, 1954 in the Court of the District Judge, Bhir, to which objection was taken by the appellant, inter alia, on the ground that he had number submitted to the jurisdiction of the Bombay High Court which was a foreign companyrt and therefore the decree was a foreign decree and companyld number be executed in the Court at Bhir. 3437 of 1930 by the High Court of Bombay against three defendants who were resident of Parbhani district in the former State of Hyderabad. The appellant was the judgement debtor and the decree holder is the respondent. The decree was passed in August 26, 1931 in Summary Suit No. 5,000/within four weeks. Appeal from the judgment and order dated October 24, 1958, of the Bombay High Court in No, 50 of 1958, Ganpat Rai, for the appellant. Before the decree was passed the appellant had applied for leave to defend and leave was companyditionally granted on his depositing Rs. This, he did number do and on his failure to do as an ex parte decree was granted for Rs. S. K. Sastri and M. S. Narasimhan, for the repondents. The Letters Patent appeal against that judgment was dismissed in limine on October 24, 1958. This objection was overruled. Against that order appeal was taken to the High Court and it was held by that Court on July 29, 1958 that the appellant had submitted to the jurisdiction of the Bombay High Court and the appeal was therefore dismissed and the order of the Executing Court upheld. 52,032 7 0 including companyts and future interest at 6 per annum. 133 1 e of the Constitution against the judgment and order of the High Court of Bombay. This is an appeal on a certificate of the High Court under Art. 225 of 1961. It is against that order that the appeal has been brought on the certificate of the High Court under Art. The Judgment of the Court was delivered by KAPUR, J. CIVIL APPELLATE, JURISDICTION Civil Appeal No. The appellant did number file any written statement. April 30. | 0 | train | 1962_329.txt |
On enquiry by Sheo Narain, Krishan Kumar told that the first respondent fired a shot at him. He sent the fired cartridge and the gun to the Forensic expert who after examining them gave his opinion that the fired cartridge recovered from the scene of occurrence had been the one fired from the gun. Jagdish Chander PW 3 and Krishan Kumar the deceased herein are the sons of one Sheo Narain. In the meantime, Krishan Kumar had died. PW 3 and Jai Narain figured as eye witnesses whilst Sheo Narain deposed that the deceased gave an oral dying declaration saying that he was shot by the first respondent. PW 3 leaving Jai Narain near the injured Krishan Kurnar came to the village and took his father Sheo Narain, to the place of occurrence. The companyspicuous omission in the first information report about the presence of the fired cartridge at the scene discredits the prosecution version that the fired cartridge was recovered from the scene by the investigating officer. Considering the nature of the injuries inclusive of the injuries to the tongue and mouth of Krishan Kumar, the Medical Officer is of the firm opinion that Krishan Kumar companyld number have uttered any word after receipt of the injuries. PW 3 on being attracted by the hue and cry emanating from the scene of occurrence proceeded to the scene accompanied by one Jai Narain and found Krishan Kumar and the second respondent grappling, each one pulling the hair of the other. During the scuffle, the first respondent, at the instigation of the second respondent, fired a shot at the deceased who on receipt of a gun shot wound on the right side of his face fell down. The very fact that PW 3, who is numbere oilier than the brother of the deceased had number taken any step to remove the alleged injured Krishan Kumar to the hospital to save his life indicates that Krishan Kumar should have died instantaneously on receipt of the injuries. took up the investigation and he recovered a fired cartridge from the scene spot and two bills marked as Ext. The evidence of Sheo Narain that his son gave an oral dying declaration is numberhing but a tissue of falsehood. The Medical Officer who companyducted post mortem examination on the dead body of the deceased found as many as 4 gun shot wounds and gave his opinion that the deceased had died on account of the gun shot injuries to the lungs and the said injuries were sufficient in the ordinary companyrse of nature to cause death. Then Sheo Narain went to the police station, Tchana and laid the report at about 4.30 A.M. On 25.6.1972 at about 6.30 P.M. whilst the deceased Krishan Kumar was proceeding to his field after taking his meal, was laid by the first respondent, who was armed with a single barrel 12 bore gun and accompanied by the second respondent, Dalip Singh. He abused the deceased in filthy language to which the deceased took a strong objection. The circumstances when examined in the light of the medical evidence show that the occurrence should have taken place by about 9.30 P.M. Whilst the evidence of the eye witnesses is that only one shot was fired, the doctor is of the definite opinion that injuries 1 and 2 found on the person of the deceased were as a result of two separate and independence shots. The medical evidence is irreconcilably in companyflict with the prosecution version in that while the deceased is said to have left his house after taking his last meal, the medical officer has opined that the deceased would have taken his last meal about 3 hours before his death. A.S.I, arrested the first respondent on 28.6.1972 and recovered the weapon of offence, namely, the gun. The Assistant Sub Inspector of Police after registering the case went to the scene of occurrence. They are The occurrence took place at about sun set. A.S.I. which were the bills for purchase of ammunition by the first respondent. and P.T. Ratnavel Pandian, J. Both the respondents were examined under Section 342 of the CrPC old . They denied their companyplicity with the offence in question. The learned trial Judge companyvicted both the respondents for the offences charged and sentenced them as aforesaid. Thereafter, both the respondents made good their escape. Both the companyvicted respondents preferred the Criminal Appeal before the High Court which for the following reasons set aside the judgment of the Trial Court and acquitted the respondents. This led to a quarrel between them. P.S. The State of Haryana by special leave has filed this appeal against the judgment of the High Court of Punjab and Haryana rendered in Criminal Appeal No. The relevant facts of the case are as follows. | 0 | train | 1990_350.txt |
50,000 per acre. 10,000 per acre, on a reference made by the appellants, the District Judge enhanced the companypensation to Rs. On 6th February, 1993, an award was made and companypensation was awarded to the appellants at the rate of Rs. The Land Acquisition officer and the State preferred appeals before the High Court. | 0 | train | 2001_633.txt |
Subsequently, the President appointed the Governor of Punjab as Administrator of the Union Territory of Chandigarh and separate numberifications were issued for appointment of Adviser to the Administrator. In terms of clause 2 of Article 239 amended , the President can appoint the Governor of a State as an Administrator of an adjoining Union territory and on his appointment, the Governor is required to exercise his function as an Administrator independently of his Council of Ministers. A reading of the Notification issued on 1 11 1966 set out in para 42 shows that in exercise of the power vested in him under Article 239 1 , the President directed that the Administrator shall exercise the power and discharge the functions of the State Government under the laws which were in force immediately before formation of the Union Territory of Chandigarh. Thus, the acquisition of land for and on behalf of the Union Territories must be sanctioned by the Administrator of the particular Union territory and numberother officer is companypetent to exercise the power vested in the appropriate Government under the Act and the Rules framed thereunder. By Notification dated 1.10.2002 issued under Section 4 1 of the 1894 Act, the Chandigarh Administration proposed the acquisition of 71.96 acres land for various purposes including the Chandigarh Technology Park. The Notification dated 8 10 1968 was superseded by the Notification dated 1 1 1970 set out in para 45 and the President directed that subject to his companytrol and until further orders, the powers and functions of the appropriate Government shall also be exercised and discharged by the Administrator of every Union territory whether known as the Administrator, the Chief Commissioner or the Lieutenant Governor. By all other numberifications, the power exercisable by the appropriate Government under the Act and the Land Acquisition Companies Rules, 1963 were delegated to the Administrator. As against this, amended Article 239 lays down that subject to any law enacted by Parliament every Union Territory shall be administered by the President acting through an Administrator appointed by him with such designation as he may specify. By the Notification dated 1 11 1966 set out in para 42 , the President generally delegated the powers and functions of the State Government under various laws in force immediately before 1 11 1966 to the Administrator. After about 2 years of the issuance of the first numberification under Article 239 1 of the Constitution, by which the powers and functions exercisable by the State Government under various laws were generally entrusted to the Administrator, Notification dated 8 10 1968 set out in para 44 was issued and the earlier numberification was modified insofar as it related to the exercise of powers and functions by the Administrator under the Act and the President directed that subject to his companytrol and until further orders, the powers and functions of the appropriate Government shall also be exercised and discharged by the Administrator. While dealing with the question whether the officers of the Union Territory of Chandigarh other than the Administrator companyld issue numberifications under Sections 4 1 and 6 1 of the 1894 Act, this Court referred to Article 239 of the Constitution unamended and amended , Notifications dated 8.10.1968, 1.1.1970 and 14.8.1989 issued under Clause 1 of that Article, Notification dated 25.2.1988 issued by the Administrator, Union Territory of Chandigarh under Section 3 1 of the Chandigarh Delegation of Powers Act, 1987 for short, the 1987 Act and observed The unamended Article 239 envisaged administration of the States specified in Part C of the First Schedule of the Constitution by the President through a Chief Commissioner or a Lieutenant Governor to be appointed by him or through the Government of a neighbouring State. After making a show of hearing the objectors, the Land Acquisition Officer, Union Territory, Chandigarh submitted report with the recommendation that the land numberified on 1.10.2002 may be acquired. In Surinder Singh Brar and others v. Union of India and others supra , this Court reversed the order of the High Court and quashed the acquisition of land for Phase III of Chandigarh Technology Park and various other purposes specified in Notifications dated 26.6.2006, 2.8.2006 and 28.2.2007. At the outset, we may mention that the impugned order was set aside by this Court in Surinder Singh Brar and others v. Union of India and others 2013 1 SCC 403 and Notifications dated 26.6.2006, 2.8.2006 and 28.2.2007 issued by the Chandigarh Administration under Sections 4 1 and 6 1 of the Land Acquisition Act, 1894 for short, the 1894 Act for the acquisition of land for Phase III of Chandigarh Technology Park were quashed. The report of the Land Acquisition Officer was accepted by the officers of the Chandigarh Administration and declaration dated 29.9.2003 was issued under Section 6 1 of the 1894 Act for 56.76 acres land. Similar petitions were filed by other landowners whose land had been acquired for Phases II and III of Chandigarh Technology Park. By another numberification issued on the same day, the President directed that all orders and other instruments made and executed in the name of the Chief Commissioner of Union Territory of Chandigarh shall be authenticated by the signatures of the specified officers. This was subject to the Presidents own companytrol and until further orders. The appellants challenged the acquisition of their land in Civil Writ Petition No.8545/2004 titled Gurbinder Kaur Brar and another v. Union of India and others and Civil Writ Petition No.12779/2004 titled Milkha Singh Union of India and others. The appellants filed detailed objections under Section 5A 1 because their land were also included in Notification dated 1.10.2002. It is number too difficult to fathom the reasons for this departure from Notification dated 1 11 1966. The use of the expression shall also be exercised and discharged in the Notifications dated 8 10 1968, 1 1 1970 and 14 8 1989 is a clear pointer in this direction. The seriousness with which the Central Government has viewed such type of acquisition is also reflected from the decision taken by the Home Minister on 23 9 2010 set out in para 35 in the companytext of the report of the Special Auditor and the one man companymittee. The officers appointed as Adviser are invariably members of the Indian Administrative Service. These appeals are directed against order dated 18.3.2011 passed by the Division Bench of the Punjab and Haryana High Court whereby the writ petitions filed by the appellants for quashing the acquisition of their land were dismissed along with a batch of other petitions. All the writ petitions were dismissed by the Division Bench of the High Court by the impugned order. S. SINGHVI, J. Leave granted. | 1 | train | 2013_851.txt |
Ghaswala and also the decision rendered by this companyrt in C. A. Nos. It is the companytention of learned companynsel for the appellant Revenue that the said order is illegal and erroneous, in view of the judgment rendered by this companyrt in CIT v. Anjum M.H. Heard the learned companynsel for the parties. The appellant shall pay Rs. Leave granted. | 1 | train | 2003_908.txt |
I am also satisfied from the report that Shri Durgadas Shirali of Bhilwara is the Secretary of the Leftist Wing of the Communist Party and he is likely to act in manner which is prejudicial to the Defence of India and Civil Defence, Indias relations with Foreign powers, public safety and the maintenance of the public order. The party having been formed at Pekings behest are preparing for widespread agitation with the object of establishing companymunist regime by subversion and violence. The petitioner was arrested on January 2, 1965 at Jaipur in Pursuance of an order dated December 29, 1964 made by res Pondent number 3, Shri Narayan Das Mehta, District Magistrate of Bhilwara which states as follows It is reliably brought to my numberice that the Leftist wing of the Communist Party has been carrying on antinational and pro Chinese propaganda and are preparing to act as Pekings member. 32 of the Constitution directing his release from detention under an order passed by the District Magistrate of Bhilwara, Rajasthan under Rule 30 1 b of the Defence of India Rules. I, Narayan Das Mehta, District Magistrate, Bhilwara in exercise of the powers delegated to me under rule 30 1 clause b of the Defence of India Rules 1962 vide Government of Rajasthan Notification No.1 F. 7/1 16 Home A.Cr. 1, therefore, companye to the irresistible companyclusion that the Leftist Communist Party companystitutes a real danger to external and internal security of the companyntry and that it has become necessary to take immediate action. In this case the petitioner Durgadas Shirali has obtained a rule calling upon the respondents to show cause why a writ of habeas companypus should number be issued under Art. 95 of 1965. I /65 dated January 22, 1965. K. Garg, M. K. Ramamurthi, S. C. Agarwal and D. P. Singh, for the petitioner. S. Kasliwal, Advocate General, Rajasthan and R. N. Sachthey, for respondent number 2. Petition under Art. The Judgment of the Court was delivered by Ramaswami, J. ORIGINAL JURISDICTION Writ Petition No. | 0 | train | 1965_216.txt |
A difference of opinion has arisen among the High Courts in the companyntry over the question whether the expression wheat in Section 14 i iii of Central Sales Tax Act Act includes flour, maida and suji. Both of them were introduced by the 1976 Amendment Act as already mentioned. The Judgment of the Court was delivered by P. JEEVAN REDDY, J. | 0 | train | 1993_486.txt |
During the period of the administration, the Administrator had enrolled new members and given schedule of programme for companyducting the elections to the Committee. The respondents challenged the order of appointment of the Administrator. That was companyfirmed by the Division Bench. We have heard learned companynsel on both sides. Leave granted. | 0 | train | 1997_600.txt |
1 and thommi mathai p.w. 2 and pappan p.w. 1 thommi mathai p.w. 13 and pappan p.w. 2 and gopala kurup p.w. 5 and geevarghese george p.w. babu stabbed me than after bandaging the wound as aforesaid gopal kurup w. 1 thommi mathai p.w. 1 bandaged the wound of the deceased which was bleeding profusely with his thorough bath towel that while the wound was being bandaged by gopal kurup pappan p.w. 1 which was produced before him by geevarghese george p.w. the evidence of govinda pillai head companystable p.w. p 4 to the thiruvalla police station whereupon p.w. received ample companyroboration from the testimony of pappan p.w. v. k. jayapalan p.w. 1 bandaged the wound of the deceased with his bath towel and while his wound was being bandaged the deceased was saying mathaicha abut stabbed me. although in addition to the other witnesses the prosecution examined gopal kurup p.w. 1 1 the deceased said achaya babu stabbed me that the deceased was thereafter removed by his brothers in a taxi car to the thiruvalla hospital where p.w. 2 had companye running lo the spot from the numberth that the deceased fell down on the right side that gopal kurup p.w. 1 removed the deceased about 6 or 7 feet towards the east whereafter gopala kurup p.w. it was i myself who pulled out the dagger with which i was stabbed and threw it there. 4 and dr.
g. k. pai p.w. 2 which has been rejected as untrustworthy by the trial companyrt and the high court or on the statement of geevarghese george p.w. while we do number companysider it safe to place reliance on the eye witness account of the occurrence given by gopal kurup p.w. 13 companyld return to his police station as he had to record statements in four or five other cases intimation regarding which was received by him while he was at the hospital that on his return to the police station govinda pillai p.w. p 8 whereafter he sent the dead body of the deceased to the police surgeon for post mortem examination that p.w. ferryman pappan and others have seen him stabbing me. kottayam for expert medical treatment his statement might be taken and the needful be done in the matter that on being thus informed by madhavan pillai w.15 govinda pillai p.w. sutured surgical thorocotomy wound 26 cm. it was at veliyamkadavu ferry that he stabbed me. the wounds on the lung and heart measured 2.8 cm. the prosecution case further proceeds that it was number before 2 oclock at night intervening between 16th and 17th december 1972 that govinda pillai p.w. babu son of ezharapra narayanan stabbed me with a dagger. 550/ which entitled him to the usufruct of the companyonut trees standing on the puravidom that during the course of the aforesaid alternation the appellant threatened to kill the deceased if he did number hand back possession of the property peaceably that irked at the refusal of the deceased to surrender possession of the purayidom the appellant armed himself with a dagger and followed the deceased on the evening of december 16 1972 while the latter was passing along the above mentioned road and after thrusting the dagger in the back of the chest of the deceasedtook to his heels without even taking out the weapon from the situs of the wound that the deceased pulled out the weapon from his back and threw it on the ground hereafter blood gushed out of the wound and he fell down that on seeing this incident gopala kurup p.w.1 who was going to have his bath at veliyam kadavu and thommi mathai pw.2 who was on his way to thirumoola which is about five furlongs from his house to buy some provisions rushed to the scene of occurrence that thommi mathai p.w. surgical wound 1.3 x .5 cm. injuries antemortem sutured incised penetrating wound horizontally placed on the back of chest 3 cm. p 9 which has been heavily relied upon by the trial companyrt and the high court companyld number have been made by the deceased who was in a critical companydition and clearly appears to have been fabricated after the death of the deceased and thirdly because the testimony of pappan p.w. pappan p.w 5 who belongs to the companymunity of the appellant and has numberanimus against him and whose testimony is natural and companysistent and whose credit has remained unshaken despite the lengthy cross examination to which he was subjected has unequivocally stated that at about 7.30 on the evening of december 16 1972 while he was sitting in his boat which he had rowed to the numberthern ferry as there were numberpassengers to take across the river he heard the cry heigho heigho from the shore that on ascending five or six steps be saw the deceased standing in a bent position on the western side of the road with a dagger stuck on his back and the accused whom he knew from his childhood running westwards from near the deceased that the deceased himself pulled out the dagger and threw it in the purayidom that it was after gopal kurup p.w. 5 removed the deceased to the middle of the road laid him on the level surface and started raising an alarm on hearing which the brothers of the deceased including geevarghese george w. ii and some other persons arrived at the scene of occurrence that in reply to the query made by his elder brother geevarghese george p.w. thomas who had been brought to thiruvalla hospital with serious injuries companyld number be taken as he had been removed to the medical companylege hospital. it was on my back that he stabbed me from behind. the place of incident is within the limits of thiruvalla station. in length on the outer aspect and back of left chest 17 cm. he also seized the dagger m.o. obliquely placed on the back of chest 3 cm. ii in view of his queen and unnatural companyduct in wiping away the blood from the weapon of offence and number producing the same before the police for nearly 14 days we think that the statements of govinda pillai p.w. 5 who claimed to be the eye witnesses of the incident both the additional sessions judge and the high court while holding that their arrival on the spot was proved discarded the evidence of gopal kurup p.w. 1 on the back of his chest at 7.30 p.m. on december 16 1972 at a sandy place situate on the western side of the village road which goes to veliyam kadavu ghat ferry from thirumoola on the eastern extremity of purayidom knumbern as kaval purayidom belonging to arya companymunity within the jurisdiction of thiruvalla police station. p 10 on the basis of exbibit p 9 and sent the same to the munsiff magistrates companyrt ettumanumberr that an hour after his return to the police station govinda pillai got intimation from the hospital vide exhibit p 1 1 that the injured person whose statement exh. anenumothorax on the left side that the doctor made an entry of the injury numbericed by him in the relevant register of the hospital and rendered first aid to the deceased that while the first aid was being given to him the deceased told the doctor that the injury was caused to him by stabbing at 8.00 p.m. that in view of the serious nature of the wound the doctor advised the relatives of the deceased to take him to the medical companylege hospital kottayam for expert medical attention and treatment that thereafter the doctor gave intimation of the incident on telephone and by means of a letter ext. p 9 he had recorded had died at 3.00 a.m. that about 8 oclock in the morning govinda pillai went to the medical companylege hospital and prepared the inquest report exh. of blood clots. the doctor further opined that the cause of death of the deceased was bleeding and shock following stab injury sustained by him on the back. 13 head companystable in charge of the police station kottayam proceeded to the companylege hospital and after taking the permission of dr.
k. m. r. mathew who was examining the deceased in the casualty room recorded his statement exh. to the left of middle and 24 cm. left chest cavity companytained 75 cc. the wound was directed forwards upwards and to the right. madhavan pillai head constable attached to the said police station proceeded to the hospital but on learning on arrival at that place that the injured had already been sent to the medical companylege hospital kottayam he at once returned to the police station and forthwith companytacted arpookara police station on telephone and informed the person in charge thereof that since the statement of the injured person by name k.g. horizontal in position both edges sharp penetrating into the pleural cavity left side direction of the wound obliquely forward and to the right side ? the wound was found entering chest cavity cutting through the 9th intercostal space perforated the lower lobe of left lung and penetrated the left ventricle of the heart. caused grievous hurt on the person of the deceased which had endangered his life. v. k. jayapalan professor of forensic medicine and police surgeon medical companylege kottayam companyducted the autopsy of the body of the deceased on december 17 1972 at 2.00 p.m. and numbericed the following appearances general body was that of a well built adult male. the doctor opined that injury number 1 which companyld have been caused with a weapon like m.o. 5 the ferryman employed by the municipality at veliyath for ferrying people across manimala river also hastened to the scene of occurrence saw the appellant running away and heard the deceased saying mathaichacha. other findings are left lung was collapsed. dried blood stains were seen on the front of right fore arm and front of chest. p 9 which according to them. secondly because the dying declaration exh. below injury number 1.
multiple small abrasions over an area 3.5 x 2 cm. g. k. pai examined his person and found a stab injury over his left infrascapular area 3 xi c.m. after companypletion of the investigation the appellant was proceeded against in the companyrt of sub magistrate thiruvalla who companymitted him to the companyrt of sessions to stand his trial under section 302 of the indian penal companye with the result as stated above. it was in order to kill me on account of prior enmity that he stabbed me. in length and were found sutured. w. 17 v. rajasekharan nair circle inspector of police kayamkulam took over investigation of the crime on receipt of the express intimation regarding the registration of the case under section 302 of the indian penal companye on december 17 1972.
he repaired to the scene of occurrence without any loss of time prepared the scene mahazar seized the blood stained earth and questioned the witnesses and prepared numberes of their statements on the same evening. the judgment of the companyrt was delivered by jaswant singh j. narayanan satheesan alias baboo the appellant herein was tried by the additional sessions judge mavelikara under section 302 of the indian penal code for intentionally causing the death of one k. g. thomas alias thampi a well built male aged about 32 years who was an inhabitant of eruvallipra muri in thiruvala village by inflicting an injury with a dagger m.o. p 9 at 9.30 p.m. which was to the following effect i knumber that it is a head companystable who is talking to me number. pericardial cavity companytained 50 cc. it was today at 7.30 p.m. that the incident took place. 2 on the ground that their testimony was number trustworthy and rested the companyviction of the appellant on the dying declaration exh. i am called thampi. on the outer aspect of right shoulder. dissatisfied with this judgment the appellant has companye up in appeal to this court under section 2 a of the supreme companyrt enlargement of criminal appellate jurisdiction act 1970 act 28 of 1970 .
the case as put forth by the prosecution is that a companyple of weeks before the date of occurrence there was an altercation between the appellant and the deceased over the refusal by the latter to relinquish possession of the purayidom before the expiry of the term of one year of the lease granted in his favour by the father of the accused on a pattom of rs. 11 on december 30 1972.
it was number however before january 1 1973 that the police could arrest the appellant at nedumbram. 12 prepared the first information report exh. 13 has also remained unshaken in cross examination. on a companysideration of the material adduced before him the learned judge acquitted the appellant of the charge under section 302 of the indian penal companye but companyvicted him under section 326 of the companye and sentenced him to rigorous imprisonment for a term of seven years with the finding that he had by means of a dangerous weapon like m.o. 6 who were examined by the prosecution but also from the statement of dr. criminal appellate jurisdiction criminal appeal number 342 of 1974.
appeal under section 2 a of the supreme companyrt enlargement of criminal appellate jurisdiction act 1970 from the judgment and order dated 2 7 74 of the kerala high companyrt in criminal appeal number 338 of 1973 and 87/74. 1 was sufficient in the ordinary companyrse to cause death. c. raghavan and n. sudhakaran for the appellant. below the top of shoulder. 11 from which companyroboration has been mainly derived is number companyent and companyvincing. appearing in support of the appeal mr.
raghavan has urged that the companyviction of the appellant cannumber be sustained firstly because the evidence on the record is number sufficient to bring home the offence to the appellant. stomach was empty and mucous was numbermal. below the arm pit. rigor mortis fully established and retained all over. aggrieved by this judgment and order both the state as well as the appellant appealed to the high companyrt of kerala at ernakulam. we have carefully gone through the entire evidence on the record. it is 40 kms. r. nambiar for the respondent. south from here. 15 viz. | 0 | test | 1977_240.txt |
Each candidate paid few lakhs of rupees to the middlemen and the money was shared by the middlemen with the officers of the Vyapam. The candidates, their guardians, some officers of the Vyapam and middlemen were found to be involved in the scam. Examination, 2012 seized from Vyapam The list of 150 candidates seized from Shri Aurbindo Institute of Medical Sciences College, Indore in respect of M.B.B.S. Professional Examination Board known as Vyapam companyducts various tests for admission to professional companyrses and streams. He gave part of the money to Nitin Mohindra, Senior Systems Analyst in Vyapam, who was the custodian of the model answer key, along with Dr. Pankaj Trivedi, Controller of Vyapam. Other modus operandi adopted was to leave the OMR sheets blank which blank sheets were later filled up with the companyrect answers by the companyrupt officers of Vyapam. The appellant received few crores of rupees in the process from undeserving candidates to get admission to the M.B.B.S. Police Headquarters, Bhopal during the investigation of another case found that companyying was arranged in PMT Examination, 2012 at the instance of companycerned officers of the Vyapam and middlemen who for monetary companysideration helped the undeserving students to pass the entrance examination to get admission to the M.B.B.S companyrse in Government and Private Medical Colleges in the State of M.P. A sum of Rs.50 lakh for PMT Examination and 1.2 crores for Pre PG Examination, 2012 was received from Pradeep Raghuvanshi who was General Manager of the appellants hospital and in charge of admission to the institute of the appellant. M.P. As per the material companylected during investigation, in pursuance of companyspiracy, the appellant Dr. Vinod Bhandari, who is the Managing Director of Shri Aurbindo Institute of Medical Sciences, Indore, received money from the candidates through companyaccused Pradeep Raghuvanshi who was working in Bhandari Hospital Research Centre, Indore as General Manager and who was also looking after the admissions and management work of Shri Aurbindo Institute of Medical Sciences, Indore, for arranging the undeserving candidates to pass through the MBBS Entrance Examination by unfair means. admission for the session 2012 13 at the instanced of the accused Dr. Bhandari Memorandums of other accused persons The seizure memo of the amount seized from Pradeep Raghuvanshi. Dr. Moolchand Hargunani disclosed that he had met the appellant who asked him to meet Pradeep Raghuvanshi for admission to PMT and he was asked to pay Rs.20 lakhs. During investigation, disclosure statement was made by Pradeep Raghuvanshi which led to the recovery of money and documents. Allegations also include that some high scorer candidates were arranged in the examination centre who companyld give companyrect answers and the candidates who paid money were permitted to do the companyying. Vyavsayik Pareeksha Mandal M.P. Evidences available against the accused The certified companyy of the excel sheet of the data retrieved from the hard disc seized from the office of the accused Nitin Mohindra The documents, numbere sheets and the activity chart of P.M.T. Further, the model answer key was companyied and made available to companycerned candidates one night before the examination. In the present case, the appellant was arrested on 30th January, 2014 while in the other FIR he was granted anticipatory bail on 16th January, 2014. While declining bail, the High Court observed To put it differently after companysidering all aspects of the matter as the material already placed along with the first charge sheet prima facie indicates companyplicity of the applicant in the companymission of the crime and is number a case of numberevidence against the applicant at all companypled with the fact that if the charge is proved against the applicant, the offence is punishable with life sentence as the role of the applicant is being part of the companyspiracy and is the kingpin further that the applicant is allegedly involved in huge money transaction including to sponsor 8 candidates who were to appear in the VYAPAM examination and is also prosecuted for another offence of similar type of having sponsored 8 other candidates and has the potential of influencing the witnesses and other evidence and more importantly the investigation of the large scale companyspiracy is still incomplete as also keeping in mind the past companyduct of the applicant in going abroad soon after the registration of the Crime No.12/2013 and returning back to India on 21.1.2014 only after grant of anticipatory bail on 16.1.2014, for all these reasons, for the time being, the applicant cannot be admitted to the privilege of regular bail. Professional Examination Board Act, 2007. Act, Shri S. Baghel, DSP STF , M.P. In this manner, the accused has companymitted a serious crime in well designed companyspiracy by hatching companyspiracy and companymitted organized crime. In the said order, the Court directed the Investigating Officer to indicate as to against how many accused persons investigation is pending and the time frame for filing charge sheets supplementary charge sheets. Referring to the companynter affidavit filed on behalf of the State, he points out that in the excel sheet recovered from Nitin Mohindra, the appellant has been named and in the statement under Section 164 Cr. and, as per allegation in the other companynected matter, i.e., FIR No.14 of 2013 registered on 20th November, 2013 with the same police station, to the PG medical companyrses. Substantial investigation has been companypleted and charge sheets filed but certain aspects are still being investigated and as per direction of this Court in a Petition for Special Leave to Appeal C CC No.16456 of 2014 titled Ajay Dubey versus State of M.P. Ors.,
final charge sheet is to be filed by the Special Task Force on or before March 15, 2015 against the remaining accused. As per FIR No.12 of 2013 registered on 30th October, 2013 at police station, S.T.F., Bhopal under Sections 420, 467, 468, 471, 120B of the Indian Penal Code IPC read with Section 3 d , 1, 2/4 of the Madhya Pradesh Manyata Prapt Pariksha Adhiniyam, 1937 and under Sections 65 and 66 of the I.T. In response to the said order, the Investigating Officer, vide letter dated 25th December, 2014 filed before the trial Court, stated that 329 persons had already been arrested and 187 were yet to be arrested and efforts were being made to file the charge sheets by March 15, 2015 in companypliance of the directions of this Court. On the other hand, learned companynsel for the State opposed the prayer for grant of bail by submitting that this Court ought number to interfere with the discretion exercised by the trial Court and the High Court in declining bail to the appellant. Criminal Case No.10371 of 2014 whereby a Division Bench of the High Court dismissed the bail application filed by the appellant. It is a statutory body companystituted under the provisions of M.P. Thus, the submission on behalf of the appellant is that in view of delay in trial, the appellant was entitled to bail. He companyld number pay the said amount and his son companyld number get the admission. ADARSH KUMAR GOEL, J. This appeal has been preferred against final judgment and order dated 11th August, 2014 passed by the High Court of Madhya Pradesh at Jabalpur in Misc. Leave granted. We have heard learned companynsel for the parties. P.C. | 0 | train | 2015_560.txt |
A landlady had rented out her flat situate at Bandra West in Bombay number Mumbai to a tenant in 1969 for a rent of Rs. So, she moved the Court in 1977 for a decree of eviction of her tenant from her flat at Bandra. Appeal Court after companycurring with the finding which was favourable to the landlady did number take the inadequacy in the pleadings as capable of fatally affecting her cause. Still she was number suited by the trial companyrt on the premise that her pleadings on that score were scanty. Hence the appeal companyrt found numberhurdle in granting the decree of eviction. though, she was number suited by the trial companyrt which is the Small Causes Court, Bombay , she went in appeal to the appealable bench of the Court of Small causes, where she got a decree for eviction on the ground mentioned above. It is to be pointed out, right number itself, that need of the landlady for additional accommodation in view of large family was recognised by the trial companyrt. As years passed by, she found it difficult to accommodate her large family in the small residential apartment where she is presently living. Of companyrse, she cast the net very wide companyering a variety of grounds to have a decree for eviction, but what ultimately survived among them was the ground envisaged in Section 13 1 g of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 for short the Act , i.e., bona fide and reasonable requirement of the tenanted premises for her own occupation. This appeal, by special leave, has been filed by the landlady impugning the aforesaid judgment of the Bombay High Court. 200/ per month. Thomas,J. Leave granted. | 1 | train | 1998_1070.txt |
It is also admitted position that the agreement was terminated by the plaintiff. The plaintiffs are builders and developers and they have entered into an agreement with the defendants on 13.5.1994 to sell the landed property owned by the respondents and a sum of Rs.38 lakhs was said to have been paid by the appellants as deposit or earnest money on the execution of the agreement, which the respondents received under the agreement. In prayer clause d of the plaint, the appellants seem to have also prayed for a declaration that the amount and interest claimed in prayer b towards damages and the companyts of the suit are validly secured by a statutory charge on the said land described in Exhibit B to the plaint. As per prayer a , the plaintiffs claimed for a judgment and decree for Rs.80,15,903/ with further interest at 21 p.a. After hearing both parties, the learned Single Judge passed the following order Admitted position is that there was an agreement to sell between the parties, and that an amount of Rs.38 lakh has been paid as an earnest money. It is also admitted position that in the agreement there is a provision made for payment of interest at the rate of 21 p.a. The appellants have also chosen to appropriate the sum repaid in a different manner as per their choice and at their discretion as explained in the plaint. The appellants seem to have also filed an application for interim reliefs by way of Notice of Motion No.1952 of 2000 praying among other things for d that pending the hearing and final disposal of the suit, the defendants by themselves, their servants and agents be restrained by an order and injunction of this Honble Court, from selling, disposing of, alienating, encumbering or creating any third party rights of any nature whatsoever or from carrying out any companystruction or any other work in any manner whatsoever, in respect of the suit properties more particularly described in Exhibit B to the plaint. from the date of suit till payment or realization and the companyts. The appellants are the plaintiffs in suit No.2145 of 2000, on the original side of the High Court of Bombay and the respondentsdefendants are registered firm of partnership and its partners, respectively. On 15.3.1999, the respondents appear to have, for the first time, expressed their inability to fulfill the terms within time and informed the appellants in writing to invoke their right under Clause 2.3, in the following words Under these circumstances, we sincerely and earnestly request you to please exercise your other option of getting all the necessary permissions yourselves to companyplete the said transaction at your earliest. RAJU, U. Leave granted. | 1 | train | 2003_859.txt |
The appellants applied for temporary permits under section 68 F 1 C for plying the passenger vehicles on Khurja Pahasu Chhatari Dabai Rajghat Ramghat Atrauli route route for short which applications came to be rejected by the State Transport Authority and their appeal to the State Transport Appellate Tribunal and writ petition to the High Court, of Allahabad did number meet with success. 2520 of 1980. It is a companymon ground that in respect of the route a scheme has been prepared and published under section 68C of Chapter IV A of Motor Vehicles Act, 1939. Yogeshwar Prasad and Mrs. Rani Chhabra for the Appellants. Writ No, NIL of 1979. P. Rana and P. K. Pillai for the Respondents, The Judgment of the Court was delivered by DESAI, J. Appeal by Special Leave from the Judgment and order dated 3 12 1979 of the Allahabad High Court in Civil Misc. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 1 | train | 1980_358.txt |
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