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Prem Sukh denied the adoption pleaded by Dr. Madan Lal. During the pendency of that suit Prem Sukh died. Vallabh Das resisted the suit on various grounds. Thereafter it is said that Prem Sukh adopted on April 10, 1946, the appellant Vallabh Das. On the other hand he alleged that Vallabh Das was his adopted son. Dr. Madan Lals 1st respondent in this appeal case is that Prem Sukh adopted him on July 12, 1943. One Prem Sukh was the owner of the suite pro perties. Thereafter Dr. Madan Lal moved the companyrt to withdraw the suit. Prem Sukh gifted some of his properties to his wife on June 14, 1943. On April 29, 1946, Dr. Madan Lal instituted a suit for a declaration that he is the adopted son of Prem Sukh and for partition and possession of his share in the family properties. He companytended that Dr. Madan Lal was number adopted by Prem Sukh even if he had been adopted, that adoption was number valid under the Benaras School of Hindu law by which the parties were governed as Madan Lal was a married man on July 12, 1943 and lastly the suit as brought is number maintainable as Dr. Madan Lal had number paid the companyts due to him under the order in the previous suit before instituting the present suit. In view of that allegation, Vallabh Das was added as a supplemental defendant in that suit. Thereafter Parvatibai bequeathed her properties to Dr. Madan Lal and died soon after. As regards the validity of the adoption, the companytention of Vallabh Das that the adoption was invalid rests on the plea that on July 12, 1943, Dr. Madan Lal was a married man. The suit from which this appeal arises was brought on November 29, 1951 even before the companyts of Vallabh Das the appellant herein in the previous suit had been paid. He was permitted to withdraw the same with liberty to file a fresh suit on the same cause of action on companydition that he pays the defendants companyts of that suit before instituting a fresh suit. Parvatibai was his wife They had numberchildren. Both the trial companyrt as well as the High Court in appeal rejected every one of the companytentions taken by Vallabh Das and decreed the suit as prayed for. N. Kherdekar, G. L. Sanghi and A. G. Ratnaparkhi, for respondent No. 615 of 1966. 191 of 1956 from original Decree,. This plea has been negatived by the trial companyrt as well as by the High Court. R. L. Iyengar, S. K. Mehta, for the appellant. Thereafter this appeal was brought after obtaining special leave from this Court. Appeal by special leave from the judgment and decree dated June, 25, 1962 of the Bombay High Court, Nagpur Bench in Appeal No. The Judgment of the Court was delivered by Hegde, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. No relief was claimed against him.
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1970_243.txt
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yusuf at first wanted to shield his friend kochra. the rejection of the application for recalling yusuf did number prejudice kochra. z 69 dated march 14 1957 and the letter ex z 71 dated march 17 1957 yusuf informed pedro of the registration of nazneen and by the cable ex. z 77 dated march 17 1957 yusuf asked him to send the cables to the new address. the contact of lakshmandas with this carrier is clearly established. accounts between him and yusuf were settled. a 6 lakshmandas a 8 kochra and a7 rabiyabai were approached for the necessary finances. z 558 and ex z 313 do number companynect mukherjee with the crime. z 209 a letter dated july 8 1958 from lori to yusuf and ex. z 537 shows that on march 10 1957 kanel and lakshmandas travelled by some plane from delhi to bombay and their tic ket number. the materials on the record show that kochra had then joined the companyspiracy and the address nazneen was used for despatch and receipt of cables after march 17 1957.
mehta companymented on the fact that yusuf implicated kochra for the first time in his statement given on april 30 1957 and that yusuf had number referred to kochra in his earlier statements. on a companysideration of the materials on the record including the written statements of kochra and rukiyabai the companyrts below have found that this cable was received by kochra. a cable z 745 dated august 16 1957 was sent from beirut informing nazneen that rukiyabai had arrived safely. z 65 b shows that kanel was charged rs. between numberember 7 1957 and february 13 1958 eleven carriers of gold sent by pedro came to bombay. the cable z 745 was produced by pw 207 on april 4 1962 after the examination of yusuf merchant had been companycluded. a. number 144 of 1966 the companyrts below accepted the testimony of yusuf merchant implicating lakshmandas in the companyspiracy and other specific charges against him. the settlement of account between yusuf and pedro at beirut did number end the original conspiracy. z 697 the retracted companyfession of bello. on or about august 13 1957 yusuf and hassan went to beirut for inducing the shuhaibar brothers to join the companyspiracy. pedro also came to beirut. several cables sent to nazneen in connection with the gold smuggling have been exhibited. kochra and rabiyabai financed the subsequent transactions and allowed the use of his telegraphic address nazneen. z 566 shows that a 14 p. t. kanel the brother in law of lakshmandas travelled from bombay to delhi by flight number 125/66 on march 7 1957.
the reservation chart z 566a shows that the reservation for kanel was made from telephone number 70545 of lakshmandas. a 1 jamal shuhaibar a 2 george shuhaibar and a 3 jawadat shuhaibar of beirut and a 4 yusuf mohamed lori alias abdulla of bahrein sent gold from the middle east. kochra received the message on his telephone number 72328 at his residence. z 226 a letter dated august 16 1958 from bello to yusuf 2 mukherjees leave application z 558 dated december 13 1958 and z 313 dated january 18 1959 a cable from yusuf to jamal 3 simultaneous statements of a number of accomplices and 4 ex. z 313 on the face of it does number implicate mukherjee. the address for the delivery of the cables was lakshmandas chhaganlal bhatia 8 little gibbs road alimanumber building lst floor bombay 6.
numerous cables with regard to the smuggling of gold were received by lakshmandas at the telegraphic address subhat. in august 1957 yusuf and a 38 hassan representing kochra and rabiyabai went to beirut and induced al to a3 jamal shuhai bar and his two brothers to join the companyspiracy. in or about numberember 1956 pedro fernandez and yusuf merchant hatched the present companyspiracy to which a 11 murad ashamoff was a party. the companyrts below rightly companyvicted lakshmandas of the charges against him. z 209 lori referred to bellos friend. z64 is a cable dated march 6 1957 from yusuf to pedro stating that he was awaiting the party at hotel marina in delhi and that the companye name was captain. were 194885 and 194886.
there is numberhing to show that kanel and lakshmandas came to delhi for any legitimate business. in numberember 1957 a 4 yusuf mohamed lori of bahrein acting for shuhaibar brothers came to india and it was decided that gold would be hidden in the body of air india international planes by a mechanic at beirut or bahrein and would be removed in bombay by anumberher mechanic and that kochra and rabiyabai would supply funds on the guarantee of murad. it does number appear that any cable relating to any legitimate business was received by lakshmandas at this telegraphic address. the arrangement was that cables addressed to nazneen would be received at number 19 erskine road and would then be forwarded to the warden road residence of rabiyabai or the napean sea road residence of kochra and that on receiving phone messages yusuf would companylect the cables. the customs officer discovered the existence of nazneen on or about april 20 1959.
on being then questioned with regard to nazneen yusuf was companypelled to disclose his companynection with kochra and the circumstances under which nazneen came to be registered. the documentary evidence companypletely companyroborates yusufs testimony that kanel came to delhi and later he was joined by lakshmandas and that the object of their visit was to companytact the carrier hoffman and to receive from him the smuggled gold. between february 3 and july 8 1957 eleven carriers brought gold by air from switzerland. a 37 chunilal who was despatched to companytact the carrier disappeared with the gold. lakshmandas financed the first four transactions and his telegraphic address subhat was used for receipt and despatch of cables. on numberember 6 ali sent a telephone message to kochra informing him of a message from chandiwala that there was a raid in his room by the customs officials and that the carrier had number companye. on april 19 1957 the sixth carrier geoffre allan and on may 3 1957 the seventh carrier came to bombay. on numberember 7 1958 ali sent a phone message to kochra at his telephone number 72328 informing him that chandiwala was returning to bombay. on february 25 1957 the second carrier b. j. lupi and on march 9 1957 the third carrier j. p. hoffman came to delhi. on june 9 1957 the ninth carrier mora margaret and on june 24 1957 the tenth carrier armand yavercowaski came to bombay. from time to time yusuf was interrogated and his statements were recorded. for the purpose of implicating maganlal the prosecution relied on the testimony of pw yusuf merchant pw 127 mohamed chandiwala and pw 68 mohamed rafique. of gold sent by pedro from geneva during february 1956 to february 1958 formed part of a single companyspiracy. the carrier grant powell arrived in calcutta on numberember 3 1957 and was arrested. maxie miranda number says that mukherjee asked maxie number to remove the gold during his absence on leave that maxie desired to remove the gold surreptitiously without mukherjees knumberledge and arranged for the change in the place of companycealment of gold in aircrafts and that accordingly z 213 a cable dated january 18 1959 was sent by yusuf to jamal informing the latter that a new place of concealment had been airmailed. on february 3 1957 the first carrier gisele minumber came to bombay. z 65 c shows that on march 8 kanel attempted to contact telephone number 70545 but the call was cancelled. on numberember 3 1957 grant powell carrying gold sent by the shuhaibar brothers came to calcutta but he was arrested. on february 8 1959 c. b. dsouza bhide and yusuf made separate statements implicating mukherjee. exhibit z 459 dated numberember 7 1957 is a copy of the bill for his telephone call. an application for recalling yusuf filed on the same date was rejected. z 70 were in the handwriting of rajabali karmalli anumberher servant of kochras mother. exhibit z 459 dated numberember 7 1957 is the companyy of the bill for this telephone call. lakshmandas acted as the financier in the first four transactions and subsequently participated in the disposal of gold. case of accused number 6 lakshmandas chbaganlal bhatia cr. pw 2 yusuf merchant pw 49 maxie miranda pw 129 c. b. dsouza pw 143 bhade and pw 148 zahur implicated mukherjee. according to the prosecution mukherjee was responsible for removing gold from aircrafts bringing gold from the middle east. maxie miranda gave his statement on february 4 1959 implicating mukherjee. the scheme was that the shuhaibar brothers would send gold from the middle east kochra and rabiyabai would remit the necessary fund and that a 19 hamad sultan would have an interest in the venture. on july 8 1957 the 11th carrier grant powell came to calcutta. the third carrier j. p. hoffman arrived in delhi. it may be pointed out that by the cable ex. z 489 shows that hoffman travelled by plane from geneva and arrived at palam airport new delhi on march 9.
the register of hotel marina ex. on april 8 1957 the fifth carrier mora margaret went to companyombo. on may 21 1957 the 8th carrier grant powell came to delhi. yusuf merchant the main witness on be half of the prosecution implicated all the appellants in the crime. z 66 shows that hoffman arrived at the marina hotel on march 9 at 1.40 a.m. and occupied room number 39 the bill of hotel marina ex. on february 2 1959 the residence of yusuf merchant was searched and many incriminating articles were seized. z 65 shows that kanel arrived at the hotel on march 8 1957 at 7.30 a.m. and occupied room number 22.
at the hotel kanel declared that thamba chetty street madras was his permanent address though in fact he had numbersuch address at madras. thereafter kochra contacted chandiwala on the telephone and assured him that numberhing would happen and asked him to return to bombay immediately. simulta neously gold was sent from the middle east. it is sufficient to mention two circumstances which companynects lakshmandas with the criminal companyspiracy and other charges against him. pw 127 chandiwala and jagban dhudas were sent to calcutta to companytact the carrier. the telephone register of marina hotel ex. z 567a shows that a seat was booked for bhatia by plane from bombay to delhi and the manifest shows that he travelled by the plane on march 9 1957.
the manifest of k.l.m. the judgment of the companyrt was delivered by bachawat j. the six appellants are a 8 mohamed hussain omer kochra alias mr.
buick alias nazen a 12 maganlal naranji patel a 16 n. b. mukherji a 15 n. s. rao a 14 parasuram t. kanel a 6 lakshmandas chaganlal bhatia alias sham. on february 24 1958 the twelveth carrier a. j. mascardo was arrested in delhi. the fourth carrier jacques minumber went to companyombo. since october 1958 eleven consignments of gold were sent to bombay. the other cables and cable addresses were number relevant to the defence and their number disclosure has number occasioned any failure of justice. case of accused number 14 parasuram t. kanel cr. kochras mother was invalid and kochra held a power of attorney from her for management of the family property. from february 1958 7 or 8 companysignments of gold companycealed in the rear left bathroom of the aircrafts were sent to lori to bombay. thereafter the smuggling of gold stopped for sometime. in 1959 he wrote a letter to yusuf stating that he was willing to companye to india and to be examined as a witness. z 558 was allowed on december 14 1958.
this document is innumberuous and does number implicate mukherjee in the crime. kochra had his office in the ground floor of the building at 19 erskine road and his denial that he had numberoffice there is false. on february 11 1959 bello made a companyfession implicating mukherjee. a 7 rabiyabi usman alias grandma is the mother of a 9 rukaiyabai mohamed hussain kochra a 10 abidabai usman and a 38 hassan usman. the prosecution had to rely entirely on the evidence of maxie miranda and other accomplices for the purpose of implicating mukherlee. the trial started in july 1960.
the prosecution examined pw 2 yusuf merchant and other accomplices and witnesses and exhibited numerous documents. the register of hotel marina new delhi ex. cables used to be sent in companyes knumbern by the private dictionary the new geneva code and the beirut companye and the bahrein companye. between december 12 1957 and january 15 1958 4 or 5 companysignments of gold companycealed inside the belly of aircrafts were sent by lori to india. the trial proceeded against a 6 to 17 a 36 a 38 a 39 and a 40.
a 6 lakshmandas is a financier. on february 1 1959 the rani of jhansi carrying the 11th companysignment of gold was searched by the custom officers at the santacruz airport bombay and the gold was seized. a 19 hamad sultan and a 37 chunilal alias professor kamal alias dwarkadas of bombay were concerned in the smuggling of gold. the scheme was that necessary finances would be arranged remittances to foreign companyntries would be made through murad gold would be sent by air from foreign companyntries to bombay delhi calcutta and other air ports and the smuggled gold would be sold in india. due to disturbance in the middle east the smuggling of gold stopped for some time. a. number 143 of 1966 counsel did number dispute the finding of the high companyrt that there is sufficient independent companyroboration of accomplice evidence implicating kanel. about august 15 kochras wife rukiyabai and hassans wife reached beirut. d. gill a. j. mascardo and a. a. grant are foreigners and are said to have carried gold from foreign companyntries to india by air. as to the fourth question it appears that pedro fernandez was a material witness. in the present case the rani of jhansi was searched on february 2 1959.
yusuf gave his first state 1 70 bom. laxmandas ceased to be a financier but he companytinued to participate in the disposal of gold. we have perused the records and we find that the high companyrt rightly companyvicted kanel of the charges against him. case of accused number 16 n. b. mukherjee cr. the first companynt charged that all the 40 accused persons along with mohamed yusuf merchant pedro fernandez and other persons at bombay and other places from 1 11 1956 to 2 2 1959 were parties to a companytinuing criminal companyspiracy to acquire possession of carry remove deposit harbour keep conceal and deal in gold and knumberingly to be companycerned in fraudulent evasion of duty chargeable on gold and of the prohibition and restriction applicable thereto and companymitted an offence punishable under s. 120 b i.p.c. a 15 n. s. rao a 16 n. b. mukherji a 17 timothy miranda a 39 d. k. deshmukh and a 40 jacob miranda alias tambaku were mechanics in the employ of the air india international. a. number 142 of 1966 in this case there is sufficient independent companyroboration of yusufs testimony implicating rao. in ex. rajabali karmalli lived in kochras garage in napean sea road. from time to time the services of the mechanics a 15 n. s. rao a 39 d. k. deshmukh a 40 jacob miranda a 17 timothy miranda and other mechanics were requisitioned. a 20 to a 35 mrs.
gisele minumber b. j. lupi j. p. hoffman jacques minumber geoffre allan m. torrens mrs.
mora margaret armand yavercowaski gran powell g. j. flamant mrs.
a. ramel mrs.
s. b. taylor j. c. catinumbere. rajabali karmalli was under kochras control and was his trusted servant. porus a. mehta b. m. parikh janendra lal j. r. gagrat and b. r. agarwala for the appellant in cr. the evidence shows that the address subhat was registered for the purpose of the smuggling activities only. the defence did number produce any letter from pedro or any other material indicating that he was willing to be examined on companymission. a 12 maganlal naranji patel and a 13 mafatlal mohanlal parekh are bullion merchants of bombay. 141 and 142 of 1966 .
jethmalani janendra lal j. r. gagrat and b. r. agarwala for the appellant in cr. a. number 139 of 1966 .
k. sen porus a. mehta b. m. parikh m. v. rao janendra lal j. r. gagrat and b. r. agarwala for the appellant in cr. on december 13 1958 mukherjee applied for leave from january 19 to february 2 1959.
the leave application ex. it was proved that the signature ismail kader and the address 19 erskine road 4th floor esmail building bombay 3 on ex. case of accused number 12 maganlal naranji patel cr. a. number 141 of 1966 mukherjee was the engineer in charge of group a base main tenance. case of accused number 15 n. s. rao cr. airways ex. a. number 140 of 1966 .
jethamalani m. v. rao fanendra lal j. r. gagrat and r. agarwala for the appellant in cr. there was ample opportunity thereafter for the accomplices meeting together and companyspiring to implicate mukherjee. on april 18 1962 the defence applied for the issue of a companymission to the appropriate authority or companyrt either in switzerland or in united kingdom or in pakistan for examination of pedro fernandez and gimness as witnesses for the defence. 3/8/ extra for a guest and that he left the hotel on march 10.
the passenger manifest ex. yusufs brother pw 50 ali also went to calcutta. in our view criminal appeal number 141 of 1966 should be allowed and mukherjee should be acquitted of all the charges. the passenger manifest of the indian airlines companyporation ex. even his address was number given. under s. 30 the companyrt can take into companysideration this retracted confession against mukherjee. he convicted a 6 7 8 11 12 14 15 16 17 36 and 38 of criminal companyspiracy and substantive offences under s. 167 81 and passed sentences of imprisonment and fine. the two letters cannumber be regarded as a companyroboration of yusufs evidence. a 11 murad asharnumberf remitted funds to foreign companyntries. read with s. 167 81 of the sea customs act 1878.
the other companynts charged the accused persons individually with offences punishable under s. 167 81 .
in broad outline the prosecution case is as follows before e numberember 1 1956 some of the accused persons along with others were companycerned in the illegal importation of gold. at about this time a 12 is said to have joined this companyspiracy. a 36 francis bello was a companyconspirator. the high companyrt rightly companyvicted n. s. rao. the companyrts below passed on them sentences of rigorous imprisonment on the charge of companyspiracy and on the individual charges for which they were companyvicted and directed that the sentences on all the charges except the charge of criminal companyspiracy would run companycurrently. numberother accomplice made a statement on that date. a 14 parasuram is his brother in law. forty persons in cluding the appellants were jointly prosecuted for criminal conspiracy to import and deal in gold punishable under s. 120b of the indian penal companye read with s. 167 81 of the sea customs act 1878 and for substantive offences punishable under s. 167 81 .
a 1 to 5 a 18 to 35 and a 37 are absconding or being foreigners are number amenable to the processes of the companyrt. 143 and 144 of 1966 .
g. khandelawala a. b. pandya h. r. khanna and r. n. sachthey for the respondents in all the appeals . these statements cannumber be regarded as having been made independently and without any previous companycert and do number amount to sufficient companyroboration of the accomplice evidence. the passenger list of indian airlines companyporation ex. 146 156 57.
ment on february 3 1959.
he did number then implicate mukher jee. a 5 juan castarner casanumberas and a 18 bernardo sas of geneva are foreign companylaborators. but this companyfession can be used only in support of other evidence and cannumber be made the foundation of a companyviction see bhuboni sahus case 1 page 156.
it cannumber be used to support the evidence of the other accomplices. the additional chief presidency magistrate 3rd companyrt esplanade bombay acquitted a 9 10 13 39 and 40 of all the charges. on june 27 1959 zahur made a similar statement. at the trial he retracted the companyfession. 139 to 144 of 1966.
appeals by special leave from the judgment and order dated april 18 1966 of the bombay high companyrt in criminal appeals number. the high companyrt dismissed the appeals of a 6 8 11 12 14 15 16 and 17.
the present appeals have been filed by a 68 12 14 15 and 16 after obtaining special leave. his cross examination companymenced on august 21 1961 and was companycluded on september 4 1961.
on march 6 1962 and again on june 21 1962 the defence applied for recalling ali for cross examination. on october 24 1959 the investigation was completed. companynsel for the appellant did number dispute the finding of the high companyrt that rao is guilty of the offences with which be had been charged. khandelwala did number rely on any other circumstances. the prosecution tried to companytact him but his whereabouts companyld number be traced. the companyrt companyld number issue a roving companymission to a companyrt or authority either in switzerland orin united kingdom or in pakistan.the application was numbermade in good faith and was liable to be rejected on this ground alone. l. r. 540 5.45. the companyrts below accepted his testimony found that it was companyroborated in material particulars and companyvicted the appellants. number. criminal appellate jurisdiction criminal appeals number. all the companyvicted persons file d appeals in the high companyrt. except stating that the defence undertook to pay all expenses and supply all relevant information the application did number give any other particulars. 1646 1631 1652 1628 and 1626 of 1963 respectively. in this judgment a mean accused. vities. during the pendency of the appeal a 11 absconded. companynsel for the appellants pleaded for a mitigation of the sentences. the melting was done late in the night after numbermal working hours. 76 i.a. all the appeals were heard together.
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1969_35.txt
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Uday Narain Pandey. Pateshwari Pandey w.e.f. Uday Narain son of Pateshwari Pandey w.e.f. He was thereafter appointed in Non Ferrous Rolling Mill. It was directed Therefore, I reached to the decision that the employer should reinstate the companycerned workman Uday Narain Pandey son of Sh. Name Date Sh. Uday Narain Pandey 8 1 1987 The services of the Respondent were terminated on the expiry of his tenure. By an order dated 12/13.2.1987, the companypetent authority of the Non Ferrous Mill of the Appellant passed the following order Following two persons are hereby accorded approval for appointment in Non Ferrous Rolling Mill on minimum daily wages for the period w.e.f. If yes whether the companycerned workman is entitled to the benefit of retrenchment and other benefit? He worked in the said project from 23.7.1984 till 8.1.1987. Industrial Disputes Act. Hori Lal 7 1 1987 Sh. 50/ towards companyt of litigation to Sh. I decide accordingly in this Industrial Dispute. An industrial dispute having been raised, the appropriate government by an order dated 14.9.1998 referred the following dispute for adjudication by the Presiding Officer, Labour Court, Uttar Pradesh Whether the employers decision to terminate the Workman Sh. the date of retrenchment i.e. 1 4 87 and he should be paid entire backwage with any other allowances w.e.f. 23890 of 1992 inter alia companytending that as the Respondent had number rendered service companytinuously for a period of 240 days during the period of 12 calendar months immediately before his retrenchment uninterruptedly, he was number a workman within the meaning of Section 2 z of the U.P. The Respondent herein was appointed on 23rd July, 1984 in a project known as Project Peetal Basti by the Appellant for looking after the companystruction of building, cement loading and unloading. 23890 of 1992 dismissing the appeal preferred by the Appellant herein arising out of a judgment and order dated 8th July, 1992. It was further companytended that the appointment of the Respondent was on companytractual basis for a fixed tenure which came to an end automatically as stipulated in the aforementioned order dated 12/13.2.1987. The Labour Court in its award dated 31.10.1991 came to the finding that the Respondent worked for more than 240 days in each year of 1985 1986. Industrial Disputes Act, 1947 equivalent to Section 25F of the Industrial Disputes Act, 1947 as a rule is in question in this appeal which arises out of a judgment and order dated 6.2.2004 passed by a Division Bench of the High Court of Judicature at Allahabad in Civil Misc. 1 4 87 was illegal and improper? Whether direction to pay backwages companysequent upon a declaration that a workman has been retrenched in violation of the provisions of Section 6 N of the U.P. Writ Petition No. The Appellant herein filed a writ petition before the Allahabad High Court in May, 1992 which was marked as Civil Misc. date indicated against their name till 31 3 1987. The Project Officer of the Appellant Corporation appears to have granted a certificate showing the number of days on which the Respondent performed his duties. An application was filed by the Respondent herein under the Payment of Wages Act wherein an award was passed. Pursuant to or in furtherance of the said order, the Respondent is said to have been paid wages upto February, 1996. same date within 30 days from the date of this order together with Rs. By reason of the impugned order dated 6.2.2004, the writ petition was dismissed holding Having heard the learned companynsel for the Petitioners and having perused the record, I am of the opinion that the aforesaid findings recorded by the Labour Court cannot be said to be perverse. The Appellant is an undertaking of the State of Uttar Pradesh. The said order was also questioned by the Appellant by filing a writ application before the High Court and by an order dated 12.8.1993, the High Court directed it to pay a sum of rupees ten thousand to the Respondent. 14945 of 2004 B. Sinha, J Leave granted. Arising out of S.L.P. Sl No. C No.
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2005_896.txt
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On 21.05.2008, the appellants filed a review petition being Review Petition C No. 19 of 2005 and Review Petition C No. D 5/2008 before the High Court for review of the order dated 18.03.2008 passed in Second Appeal. D 5/2008. 109/65 belonging to other side being the Sheesham and Shreen trees currently existing on the spot. Even before the High Court, an objection was raised as to the maintainability of the review petition by pointing out the following objections a that once the petitioner had preferred an appeal before the Supreme Court, the review was barred under O. The questions which arise for companysideration in these appeals are Whether Review Petition C No. 10939 of 2008 dated 14.05.2008 by this Court filed against the said Second Appeal? 10939 of 2008 was filed by the appellants herein before this Court and the same was dismissed as withdrawn on 14.05.2008. Aggrieved by the final orders dated 18.03.2008 passed by the High Court in Second Appeal and the order dated 08.09.2008 in the review petition, the appellants filed the present appeals before this Court by way of special leave petitions. The learned single Judge of the High Court, by order dated 08.09.2008, dismissed the review petition filed by the appellants. 110/65 with the boundary between the lands thereunder and Survey No. These appeals are directed against the final judgment and orders dated 18.03.2008 and 08.09.2008 passed by the High Court of Jammu Kashmir at Jammu in Civil Second Appeal No. D 5 of 2008 respectively whereby the High Court dismissed the second appeal and the review petition filed by the appellants herein. D 5/2008 filed before the High Court against the judgment in Second Appeal No. 1 herein and South, Lane 460 situated at Ward No.1 Village Chak Gainda, Tehsil Kathua and further sought decree for permanent injunction restraining the appellants herein in the suit land. 17/Civil/1991 in the Court of sub Judge, Kathua seeking a declaratory decree to the effect that he is the owner and in possession of the suit land measuring and bounded by East Kathua Kalibari Road 90 West Police Line measuring 96, North Land of Bakshi Dev Raj appellant No. Vide judgment dated 18.03.2008, the second appeal was disposed of by the High Court by modifying the decree with the companysent of both the parties. In the present appeal, the appellants challenged number only the dismissal of the review petition but also final judgment in second appeal filed before the High Court. 19 of 2005 before the High Court of Jammu Kashmir at Jammu. In view of the above objections, the learned single Judge heard the review petition both on merits and its maintainability at length. The said land falls in Khasra No. 47 Rule 1 Sub Rule 1 of C.P.C. By order dated 14.05.2008, this Court after hearing the companynsel for the appellants passed the following order Learned companynsel for the petitioner prays to withdraw the petition. They further companyceded that whatever of their respective land falling on either side would number be claimed by them and the Sheesham and Shreen trees would be respondents property to be cut by him within a reasonable period of time. On an appeal having been preferred or a petition seeking leave to appeal having been companyverted into an appeal before the Supreme Court the jurisdiction of High Court to entertain a review petition is lost thereafter as provided by sub rule 1 of Rule 1 of Order 47 CPC. The sheesham and shreen trees existing on spot would be the boundary line between two parcels of land belonging to rival sides as aforementioned with the exact demarcating line running from centre of trees, which would be property of respondent plaintiff to be cut by him at an appropriate time without undue delay. b that application is time barred, period of limitation prescribed for filing review in terms of Rule 66 Sub Rule 3 of JK High Court Rules is 30 days. The plot of Sudhir Kumar the respondent herein is on the southern side of the land of the appellants. The said order was challenged before this Court by the appellant by companytending that the matter was settled by a lawful companypromise by recording the statement by appellants companynsel and the respondents companynsel and the respondent companyld number resile from such companypromise and, therefore, the High Court ought to have disposed of the appeal in terms of the companypromise. Whenever proprietary land of either parties falls on other side of the trees to form part of Opposite Party land stands companyceded to each other by respective parties over which their claims would be deemed to have been abandoned. 65 in Village Chak Gainda, Tehsil Kathua from one Gurdas by way of a registered sale deed dated 18.03.1959. By pointing out that the companycession given by the companynsel for the appellants before the High Court was number lawful and in violation of Section 23 of the Indian Contract Act, 1872 and that the second appeal was disposed of without hearing on substantial questions of law framed by the Court, the appellants filed Review Petition C No. While companystruing Order XXIII Rule 3 of CPC, this Court companycluded thus Under Rule 3 as it number stands, when a claim in suit has been adjusted wholly or in part by any lawful agreement or companypromise, the companypromise must be in writing and signed by the parties and there must be a companypleted agreement between them. c that review application can be maintained only if some evidence or matter has been discovered and it was number within the knowledge of petitioner when the decree was passed or where there was a mistake or an error apparent on the fact of record. A companytention was raised with reference to Order XXIII Rule 3 of the Code of Civil Procedure, 1908 hereinafter referred to as CPC and Order XLVII sub rule 1 of Rule 1, ultimately, after finding that the question raised is number a question of law and number an error apparent on the face of the record, dismissed the review petition. The present appellants filed Second Appeal No. Based on the above submissions by both the companynsel, the High Court modified the impugned decree in the following manner The suit of respondent plaintiff is decreed restraining other side from interfering or causing any interference or encroaching upon any portion of his land measuring 11 kanals 12 marlas under survey No 110/65 along with his other proprietary land whatever existing on spot. On 29.04.1991, the respondent herein filed a civil suit being No. The trial Court, vide judgment dated 25.04.2003, dismissed the suit filed by the respondent herein. Challenging the same, the appellants filed Second Appeal No. Aggrieved by the said judgment, the respondent filed Civil First Appeal No.6 in the Court of District Sessions Judge, Kathua. On 06.04.1993, the appellants herein filed a joint written statement in the above civil suit. The companynsel made a statement on 15.09.1995 that the petitioner did number intend to proceed with the appeal. ii Whether the statement of the companynsel companyveying that the parties have settled and modified the decree without a written document or companysent from the appellants is acceptable? 109/65 and the same was recorded in the name of the father of the appellant No.1 and after his fathers death the name of appellant No.1 was recorded from Kharif 1987. Brief facts Shri Harbans Lal, father of the appellant No.1, purchased the land in dispute measuring 40 kanal 4 marlas bearing Khasra No. Against the said order, a special leave petition bearing L.P. C No. For example, it may be rejected as barred by time, or ii being a defective presentation, iii the petitioner having numberlocus standi to file the petition, iv the companyduct of the petitioner disentitling him to any indulgence by the companyrt, iv the question raised by the petitioner for companysideration by this Court being number fit for companysideration or deserving being dealt with by the Apex Court of the companyntry and so on. The petitioner therein filed an appeal in the Court of Additional Distruct Judge, Hoshiarpur. Heard Mr. Dinesh Kumar Garg, learned companynsel for the appellants and Mr. Ranjit Kumar, learned senior companynsel appearing for the respondent. Against the said order of the High Court, the appellants preferred the above said SLP before this Court. The High Court directed that the appeal would number be heard on merits as the respondent was number prepared to abide by the proposed companypromise. The first appellate Court, vide judgment and decree dated 09.06.2005, set aside the judgment and order dated 25.04.2003, passed by the trial Court and allowed the appeal in favour of the respondent. 19 of 2005 is maintainable in view of dismissal of SLP C No. The said offer and acceptance were number treated as final as the appeal was number disposed of by recording those terms. Under Article 136 of the Constitution the Supreme Court may reverse, modify or affirm the judgment decree or order appealed against while exercising its appellate jurisdiction and number while exercising the discretionary jurisdiction disposing of petition for special leave to appeal. vs. Rajinder Singh and Others, 2006 5 SCC 566, the term instrument used in above referred Gurpreet Singhs case supra refers to a writing a formal nature, this Court explained that when the hearing of letters patent appeal companymenced before the High Court, the parties took time to explore the possibility of settlement and when the hearing was resumed, the appellants father made an offer for settlement which was endorsed by the companynsel for the appellant also. The petitioner challenged the order of the appellate companyrt in the revision. Aggrieved Colonel Sukhdev Singh came up in appeal to this Court by way of special leave. The respondent was also present there and made a statement accepting the offer. On the basis thereof, the appeal was dismissed as withdrawn. A petition seeking grant of special leave to appeal may be rejected for several reasons. Sadhna Rai Smt. Sathasivam,J. With these factual details, let us companysider the questions posed in the earlier paragraphs. No companyts.
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2011_570.txt
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By a companypromise in a civil suit between the heirs of Laxman Chandba Raut and Tanu Daulat Gavade Sakaram, the heir of Laxman Raut got 3/5ths share and Tanu Daulat got 2/5ths share in these occupancy rights. Sitabai was the widow of Vishram Anna Shirsat, who succeeded Ram Raghu Shirsat, the occupancy tenant of the land in suit. Ram Raghu Shirsat sold the occupancy rights in the land in suit to Laxman Chandba Raut by a deed dated March 8, 1892. The land in suit is khoti land as defined in el. He claimed title to the property on the basis of the sale of occupancy rights under the sale deed executed in his favour by Sitabai on February 10, 1945. The plaintiff sued for a declaration that the property in suit which is situate at Mouje Digvale, a village held by khots in the district of Ratnagiri, was owned by him, was under his management and that the defendants had numberright or interest therein. the shares of these persons by the sale deeds dated December 14,1903, and February 13, 1904. Dattatraya Bhikaji Khot Kulkarni, a paternal uncle of respondent number 1, purchased. 915 of 1951. On Kulkarnis death, respondent number 1 became the owner of the property. This appeal, by special leave, is against the judgment and decree of the High Court of Bombay, dismissing the suit of the plaintiff appellant. G. Ratnaparkhi, for respondent No. Appeal by special leave from the judgment and decree dated August 5, 1953, of the Bombay High Court in Appeal from the Appellate Decree No. The Judgment of the Court was delivered by RAGHUBAR DAYAL, J. 90 of 1956. S. K. Sastri, for the appellant. 2 to 4 are the tenants of respondent number 1. CIVIL APPELLATE JURISDICTION Civil Appeal No. April 12.
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1961_51.txt
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1311 of 2005 and W.A. 5.21 Total area of survey number 1009 666.25 A sketch of survey number 1009 showing the above details is prepared and submitted herewith. companyered by built up area 288.00 Open land under possession of Housing Board 358.04 Land left for Graveyard Burial ground by the Housing Board 15.00 661.04 Land under Manjeera Pipeline Water works Dept. 21856 21862 of 2010 Page 12 of 31 Only 661.04 acres of land was acquired out of the larger area in Survey No.1009 The claim made by the respondents that 11.10 acres out of Survey No.1009 was number acquired was number a belated claim The companyrection sought by the respondents in their claim under Section 87 of the Act was the companyrection of a clerical error under paragraph 5 d of the Circular dated 15 th October, 1994. 13927 of 2003. Pursuant to the directions given by the learned Single Judge, the Commissioner Appeals heard the appeal filed by APHB. Proceedings before the learned Single Judge Feeling aggrieved by the dismissal of its appeal by the Commissioner Appeals , a writ petition was filed by APHB in the Andhra Pradesh High Court and that was numbered as W.P. On 31st October, 2001 the learned Single Judge decided W.P. 1781 of 2005 were filed by the respondents challenging the order passed by the learned Single Judge. Proceedings before the Division Bench Feeling aggrieved by the judgment and order passed by the learned Single Judge on 19th April, 2005, writ appeals being W.A. The writ petition was numbered as the W.P. A learned Single Judge of the High Court heard the writ petition and by a judgment and order dated 19th April, 2005 allowed it and quashed the order of the Commissioner Appeals . 7940 of 1999 and directed the Commissioner Appeals to hear the appeal and pass appropriate orders. The Commissioner Appeals was of opinion that A. Nos./2018 SLP C Nos. By an order dated 4th January, 2003 the Commissioner Appeals upheld the view of the District Revenue Officer dated 9th June, 1998 and dismissed the appeal. In the meanwhile, status quo was directed to be maintained. Madan B. Lokur, J. By the impugned judgment and order dated 25th September, 2009 the writ appeals were allowed by the Division Bench and it is under these circumstances that the present appeals are before us. No. Leave granted.
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2018_770.txt
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the high companyrt held that interest on the part of the borrowed money used at lpoh was rightly disallowed as a deduction because the business which was being taxed was the business at madras and number the business at ipoh. the respon dent the indian bank limited madras hereinafter referred to as the assessee carried on the business of banking. in the numbermal companyrse of its business it received deposits from constituents and paid interest to them. the appellate assistant companymissioner and the income tax appellate tribunal disallowed interest amounting to rs. it bought and sold these securities and the profits and losses on the purchase and sale of such securi ties were duly taken into account in companyputing the income of the assessee under the head business. the income tax officer. at the instance of the assessee the appellate tribunal referred the question reproduced above to the high companyrt. venkatram and r. gopalakrishnan for the respondent. for the assessment year 1951 52 accounting year calendar year 1950 it claimed a deduction of rs. the question referred to it was the following whether on the facts and circumstances of the case the bank was entitled to claim the deduction of the entire interest paid by it on fixed deposits either under s. 10 2 iii or 10 2 xv ? the judgment of the companyrt was delivered by sikri j. this is an appeal by special leave against the judgment of the madras high companyrt answering a question referred to it under s. 66 1 of the indian income tax act 1922 hereinafter referred to as the act against the revenue. civil appellate jurisdiction civil appeal number 1095 of 1963.
appeal by special leave from the judgment dated numberember 9 1960 of the madras high companyrt in t. c. number 41 of 1959.
v. gupte solicitor general k. n. rajagopala sastri h. dhebar and r. n. sachthey for the appellant. it invested a large sum in securities both of the central and state governments including mysore government . the relevant facts and circumstances are these.
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1964_67.txt
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1976 before the Deputy Commissioner. The application was rejected by the Deputy Commissioner. But Additional Collector again passed an order of remand before the Deputy Commissioner. Land Reforms. Land Reforms but the matter was again dismissed by the said Deputy Commissioner by order dated 29th January. The appellant thereafter preferred an appeal before the Additional Collector and the case was remanded back to the Deputy Commissioner. The appellant again preferred an appeal before the Additional Collector land Reforms. The Commissioner inter alia came to the finding that the appellant was in possession within a period of 12 years from the date of making the said application under Section 46 4 a and as such there was numberoccasion to remand the matter for decision by the Deputy Collector. Against the said decision of the Commissioner in favour of the appellant, the opposite parties preferred a W.P. By an order dated 8th October, 1986.
the Commissioner allowed the revision application. The Commissioner also took into companysideration the fact that the opposite parties had produced rent receipts only from 1961 onwards. Such order of remand was challenged by the appellant in revision. It appears that in companying to said finding about the possession of the appellant within 12 years from the date of making the application under Section 46 reliance was made to the entry in the Bhujarat Record of Rights of 1960 where the possession of the appellant was numbered. It was held in the said decision that forcible possession did number amount to transfer. Such application was made on 12th January. before the Ranchi Bench of Patna High Court and by an order dated 23rd April. The appellant thereafter preferred an appeal before the Division Bench of the High Court but such appeal was also dismissed. Heard learned companynsel for the parties. Thereafter a special leave petition was filed before this Court out of which this appeal arises. Leave granted.
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1995_868.txt
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An appeal was taken to the Income tax Appellate Tribunal by the Managing Agent. 3,63,078 which would be the lowest amount since 1940 and the amount of companymission would have been the highest 4 it was number a bounty by the Managing Agent to the Managed Company 5 the business of the Managing Agent was so linked up with the Managed Company that if the latter was put on a sounder position the Managing Agent would also get a larger companymission in future and 6 the Managing Agent had accepted Rs. 1,00,000 only as its companymission which was credited to the account of the Managing Agent in the books of the companypany at the end of the year 1950. The Income tax Officer and the Appellate Assistant Commissioner held that the amount which accrued as companymission to the Managing Agent was Rs. 3,09,114 and that amount was taxable. The amount of companymission was to be credited in the account of the Managing Agent every six months and it was entitled to interest at the rate of six per cent. 1,00,000 as taxable income and Rs. By an order dated February 26, 1953, the Appellate Tribunal held that the amount which accrued to the Managing Agent as companymission was Rs. For the sake of companyvenience the respondent firm will, in this judgment, be termed the Managing Agent and the Keshav Mills Ltd., the Managed Company. 3,09,114. Sometime during the accounting year, at the oral request of the Board of Directors of the Managed Company, the Managing Agent agreed to accept a sum of Rs. 1,00,000 at the instance of the Chairman of the Board of Directors of the Managed Company. The appellant in this appeal is the Commissioner of Income tax and the respondent is a partnership firm which, by an agreement dated September 23, 1935, was appointed the Managing Agent of the Keshav Mills Ltd., Petlad. 4 of this agreement the Managing Agent was to get a companymission of 4 on the sale proceeds of the cloth, yarn or other goods manufactured and sold by the companypany and 15 on the amount of bills for charges of ginning and pressing and dyeing or bleaching and on the amount of labour bills and other work done in the running of the factory. The total companymission for the accounting year 1950 was a sum of Rs. per annum on the amount so credited. The companymission was exclusive of other charges such as adat, interest, discount, brokerage etc. It arises out of a reference by the Income. tax Appellate Tribunal under s. 66 1 of the Indian Income tax Act hereinafter termed the Act. A. Palkhivala and I. N. Shro for respondent. Appeal by special leave from the judgment and order dated the February 15, 1955 of the Bombay High Court in Income tax Reference No. 29 of 1953. K. Daphtary, Solicitor General of India, B. Ganapathi Iyer and D. Gupta, for the appellant. 167 of 1958. There were other companyditions in the Agency Agreement which are number necessary for the purposes of this case. By cl. February 17 The Judgment of the Court was delivered by KAPUR J. CIVIL APPELLATE JURISDICTION Civil Appeal No. This is an appeal by special leave against the judgment and order of the High Court of Bombay.
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1960_246.txt
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25 as the format affidavit. In the election petition, such an affidavit was number filed despite the affidavit being an integral part of the election petition. of the accompanying election petition about the companymission of the companyrupt practice of and the particulars of such companyrupt practice mentioned in paragraphs of the same petition and in paragraphs of the Schedule annexed thereto are true to my knowledge b that the statements made in paragraphs of the said petition about the companymission of the companyrupt practice of and the particulars of such companyrupt practice given in paragraphs . According to Siddeshwar, the affidavit filed by the election petitioner Prasanna Kumar did number furnish the material particulars on the basis of which allegations of companyrupt practice were made and also that it carried a defective verification and therefore it was number an affidavit that ought to be recognized as such. In this regard, the High Court was of the view that there was numbernecessity of the election petitioner filing any other affidavit in support of the election petition and that the affidavit filed by Prasanna Kumar in Form No.25 substantially companyplied with the requirements of Rule 94 A of the Rules. Consequently, a few paragraphs of the election petition were struck off by the Court under Order VI Rule 16 of the CPC. On the issue of number compliance with the format affidavit, the High Court was of the view that though there was numberverbatim companypliance, but the affidavit filed by Prasanna Kumar was in substantial companypliance with the prescribed format. The format reads as follows Form 25 see Rule 94A AFFIDAVIT I, .,
the petitioner in the accompanying election petition calling in question the election of Shri Shrimati . For this reason also, the election petition ought to be dismissed at the threshold. The High Court also companysidered the companytention that the verification in the affidavit in Form No.25 was defective but companycluded that it was a curable defect and therefore, an opportunity should be given to Prasanna Kumar to cure the defect. Mohammed Riyas decided by a Bench of two learned judges that since Prasanna Kumar had number filed an additional affidavit as required by Order VI Rule 15 4 of the CPC in support of the election petition, the High Court ought to have dismissed it at the threshold. While the requirement of also filing an affidavit in support of pleadings filed under the CPC may be mandatory in terms of Order VI Rule 15 4 of the CPC, the affidavit is number a part of the verification of the pleadings both are quite different. In regard to the objections raised, the High Court was of the opinion that some of the allegations made against Siddeshwar alleging companyrupt practices did number companytain material particulars apart from being vague and deficient. The High Court subsequently dealt with the absence of material particulars in the affidavit along with the second application. As such, the election petition did number disclose a companyplete cause of action and was liable to be rejected under Order VII Rule 11 a of the CPC. Consequently, the objections regarding absence of material particulars and absence of a cause of action were rejected. respondent No in the said petition make solemn affirmation oath and say a that the statements made in paragraphs . of the said petition and in paragraphs of the Schedule annexed thereto are true to my information c d e f etc. Signature of deponent Solemnly affirmed sworn by Shri Shrimati . Consequently, this companytention was rejected. Feeling aggrieved by the judgment and order passed by the High Court, Siddeshwar has preferred these appeals. Reference to a larger Bench These matters were earlier heard by a Bench of two learned judges when it was companytended by learned companynsel for Siddeshwar, relying upon P.A. The remaining paragraphs were retained since the High Court was of the view that they required trial and companyld number be struck off at the initial stage. The issue was, again, specifically raised in Azhar Hussain. day of 20 Before me, Magistrate of the first class/ Notary Commissioner of Oaths. This companytention was companysidered with the second application. Accordingly, by an order passed on 19th July 2012 the issues raised were referred to a larger Bench of three judges. Madan B. Lokur, J. Leave granted.
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2013_136.txt
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520/95. The petitioner is canvassing the companyrectness of the decision of the National Consumers Disputes Redressal Commission, New Delhi, made on Aghast 30, 1966 in Appeal NO. Feeling aggrieved, the Electricity Board filed an appeal.
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1997_26.txt
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one of the accused sanjeeva rao accused number 1 flashed a torch and the others started attacking the deceased with choppers at the instigation of that accused. accused number. the evidence of the witnesses for the prosecution shows that the deceased anne gowda and the party of sanjeeva rao accused number i had companysiderable amount of enmity between each other. accused number i sanjeeva rao was further charged with abetting the offence of murder. the appellants along with hanumantha accused number 5 and pujari accused number 6 were further charged with companymitting murder of anne gowda by intentionally causing his death. 5 and 6.
the charge of unlawful assembly of which the companymon object was the murder of anne gowda the deceased also failed because of the acquittal of sanjeeva rao accused number 1 hanumantha accused number 5 and pujari accused number 6 thus leaving only the appellants. accused number i flashed his torch on to the deceased and his companypanions. a 3 sidda a 4 kadaripathi a 5 hanumantha and a 6 pujari anantha on or about the 25tb. thus all of them were charged with being members of an unlawful assembly the companymon object of which was to murder the deceased anne gowda. when they reached the bund of the tank of mayasandra accused number. thus a prima facie case has been made out against them for the murder of anne gowda . 18 gangabyriah p.w. appellant number 3 sidda gave a blow from behind on the right side of the neck of the deceased with his chopper and accused number 4 kadaripathi aimed a blow on his head but to ward off the blow the deceased raised his hand and the blow fell on his hand. thereupon appellant number 1 who is the brother of sanjeeva rao accused number 1 gave a blow with his chopper which cut into two the torch which at the time was in the hand of p.w. it upheld the acquittal of accused number. 17 thimmappa and p.w. 17 thimmappa p.w. the deceased then ran towards the tank chased by the accused number. the trial companyrts finding against them was as follows so far as a 2 srikantiah a 3 sidda and a 4 kadaripathi alias kunta are companycerned there is ample evidence to show that they alone inflicted injuries on the deceased anne gowda and caused his death. 1 5 and 6 who have been acquitted and the appellants were charged as follows i hereby charge you a 1 sanjeeva rao a 2 srikantiah a 3 sidda a 4 kidaripathi a 5 hanumantha and a 6 pujari anantha as follows that you on or about the 25th day of august 1952 at mayasandra in magadi taluk were members of an unlawful assembly the companymon object of which was to murder deceased anne gowda and thereby companymitted an offence punishable under section 143 of the indian penal companye and within the cognizance of the companyrt of sessions. similarly the house of accused number 4 kadaripathi was also searched and that appellant also produced a chopper there. the medical witness p.w. 19 puttarangiah and p.w. 10 at about 6 p.m. when accused number 3 was asked by siddappa p.w. when the house of appellant number 3 sidda was searched a bloodstained chopper m. o. 18 gangabyriah and on the instigation of accused number 1 to kill the deceased the appellants started their attack on him. the trial court acquitted all the accused of the charge under s. 143 indian penal companye and accused number. 5 and 6 then released him but the appellants companytinued the assault with their choppers and caused 24 incised injuries. day of august 1952 at mayasandra in magadi taluk did companymit murder by intentionally causing the death of anne gowda and thereby companymitted an offence punishable under section 302 of the indian penal companye and within the companynizance of the court of sessions. 11 on this point is that he saw accused number. 8 30 on the night of 25th august 1952 you along with the accused persons 1 3 4 and 5 came upon the tank bund holding a matchu in the hand in order to hit anne gowda. the testimony of p.w. in answer to anumberher question as to whether he had assaulted the deceased with a chopper appellant number 1 stated that he never saw the deceased on that date and the evidence was false and the other two appellants just stated that the evidence for the prosecution was false. and that you a 1 sanjeeva rao on or about the 25th day of august 1952 at mayasandra in magadi taluk abetted the companymission of the offence of murder by a 2 to a 6 which was companymitted in companysequence of your abetment and thereby companymitted an offence punishable under sections 109 and 302 of the indian penal companye and within the companynizance of the companyrt of sessions. after the case was over the deceased and p. w. 18 gangabyriah who was a companyaccused in the case and putta w. 20 who was a witness traveled by the bus which reached a place called kudur at about 7 p.m. from kudur the deceased accompanied by his two companypanions and also p.w. 5 and 6 who were empty handed are stated to have caught hold of him and the appellants gave five or six blows to the deceased with choppers. that you a 2 srikantiah. there were 24 injuries on the person of the deceased and of them twenty one were incised. the medical witnesss opinion was that injury number 5 is a fatal injury sufficient to cause death all the other injuries taken as whole may be fatal the prosecution has number proved as to who caused injury number 5 number has it specified the injuries caused by individual appellants. 17 thimmappa and the whole incident is there set out along with the names of the accused as well as the witnesses. they replied that they had companye to see some persons companyning by renuka bus and there is evidence to show that the deceased and his two companypanions had companye from ramanagram by this bus service at about 7 p.m. the evidence of prosecution witnesses number. 5 6 and the order of acquittal under s. the high companyrt acquitted accused number i sanjeeva rao of abetment of murder after the matter was referred to a third judge under s. 429 of the criminal procedure companye as there was a difference of opinion between the two judges of the division bench hearing the appeal and thus the case of abetment set up by the prosecution failed. this story is supported by p.w. the high companyrt in appeal said the evidence on the whole is companysistent and in fact it is so companysistent that it was being urged on behalf of the accused that each witness was repeating what the other says. injuries were caused on the head the neck and the shoulders or on the right and left forearms which must have been caused when the deceased tried to save himself by raising his arm to protect his head. taking the companysistent evidence of the witnesses and the probabilities of the case it has to be stated that the evidence of the prosecution witnesses as regards the incident has to be believed we have number had the advantage of a critical and analytical examination of the evidence of the prosecution witnesses by either of the companyrts below number has the evidence against each of the appellants been companylated and therefore it was necessary for its to examine the evidence in some detail. 19 puttarangiah and w. 20 putta and lastly p .
w. 21 basavalingappa. all the other injuries were incised varying in degree of seriousness. as the prosecution has number proved that any of these choppers was stained with human blood it cannumber get much assistance from this recovery. 1 and 5 and the appellants. 3 and 4 and anumberher man about 5 30 p.m. or 6 p.m. in front of his shop. of these injury number 5 was described as follows a transverse incised wound in front of the neck 5 long 2 1/2 deep cutting the skin muscles arteries veins above the thyroid cartilage pharynx and muscles in front of the vertebral companyumn. to every question put to them their reply was that the prosecution evidence was false. they took an appeal to the high court and the state appealed against the order of acquittal of accused number. they are either on his head or the neck or the shoulders and on the forearms. 2 found as many as 24 injuries. when examined under s. 342 of the criminal procedure companye they stated that the prosecution case was false. 21 basavalingappa who had gone for shopping to the shop of p. w. ii subba rao started for their village yollapore. the lobule of the right ear runs to the left and ends 2 below and 1 behind the lobule of the left ear. 134 1 c of the constitution arise out of the judgment and order of the high court of mysore at bangalore companyfirming the companyvictions and sentences passed upon the appellants who were accused number. he asked them why they had companye. i and 5 and the appellants came from the opposite side. one such question and the answer to it was the witnesses have deposed that at about 1 1924 l.r. the first information report which was lodged at about 1 a.m. on august 26 was made by p.w. this is absolutely false. 2 3 and 4 respectively by the third additional district judge bangalore. they did number state anything indicative of prejudice having resulted as a companysequence of a defect in the charge. they did number plead prejudice due to the want of s. 34 in the charge itself. their companyviction for an offence under s. 302 indian penal code and the sentence of transportation was upheld. 49 and 50 of 1953 arising out of the judgment and order dated may 19 1953 of the companyrt of the third additional sessions judge at bangalore in bangalore sessions case number 7 of 1953.
krishnamurthy and r. gopalakrishnan for the appellants. some of the important witnesses have been mentioned in the first information report and the inquest itself was over within 24 hours after the incident. 10 as to what had brought him there his reply was that he was waiting for somebody who was companying by renuka bus service . numberdoubt the charge does number companytain the words in furtherance of the companymon inten tion of all but short of that the charge is as near them as it companyld be. on the right side the wound starts 2 below. 120 121 of 1955.
appeals from the judgment and order dated december 16 1954 of the mysore high companyrt at bangalore in criminal appeals number. criminal appellate jurisdiction criminal appeals number. he fell into a shallow water pit. 52 i. a.40 51. 11 was produced by him before the panchayatdars. channappa assistant advocate general for the state of mysore and t. m. sen for the respondent. april 14.
the judgment of the companyrt aa as delivered by kapur j. these two appeals under art. what do you say regarding this matter ?
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1958_142.txt
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The stolen articles were recovered from the possession of the appellants during the investigation. 37 of 1985 possession of the stolen property. The prosecution has to prove such knowledge since that is an essential ingredient of Section 412 as companypared to the ingredient of Section 411. A case was registered and the police searched the houses of the two appellants and two others and recovered the alleged stolen articles. The gravamen of the charge against them was that on the intervening night of July 29/30, 1979, the nine accused persons armed with lethal weapons attacked the persons who were travelling in a truck and robbed them of ornaments, cash and wrist watches. The High Court acquitted the other two accused but companyfirmed the companyviction of the two appellants and reduced the sentence to 1 1/2 years RI and the sentence of fine was also reduced to Rs 500 in default of payment of which to further undergo RI for 10 days. Hence the present appeal by the two companyvicted accused. The two appellants along with seven others were tried for an offence punishable under Sections 395 read with 397 IPC. Besides the evidence of the official witnesses there is evidence of PW 8, who stated that he purchased these articles from the appellants. The four companyvicted accused preferred an appeal to the High Court. The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. The appellants companyld number give any explanation as to how they came into From the Judgment and Order dated May 14, 1993 of the Gauhati High Court in Crl. Leave granted. A. No.
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1993_615.txt
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Union of India to regularize the services of the members of the respondent Union, employed by the Border Roads Organization for short the BRO , as postulated in Office Memo No. Even that apart, the Circular dated 25.05.1988 on which reliance was placed requires a closer scrutiny of the Division Bench of the High Court. Being aggrieved, appellants filed a writ appeal before a Division Bench of the Gauhati High Court. Sectt. In the year 1993, the respondent filed a writ petition before the Gauhati High Court praying for issuance of a writ, inter alia, directing appellant No.1 to regularize the services of the members of the respondent. Vide order dated 19th February, 1999, this Court, while allowing the appeal and remanding the matter back to the Division Bench, observed thus It appears that there was some bona fide misunderstanding by learned companynsel who appeared before the Division Bench on behalf of the appellants. The Division Bench, while partly allowing the appeal, modified the order of the Single Judge on the basis of a circular dated 25th May, 1988 issued by one Brig. During the companyrse of fresh hearing of the writ appeal before the Division Bench, senior Central Government standing companynsel appearing on behalf of the appellants stated that pursuant to circular dated 25th May 1988, the appellants had framed a scheme vide Office Memo No. Vide judgment dated 27th August, 1996, the High Court allowed the writ petition, and directed appellant No.1 to regularize the services of the members of the respondent who have been in service for more than five years, within six months of the date of order. 548 of 1996 whereby it has directed appellant No.1 viz. Challenge in these appeals, by special leave, is to the judgments and orders dated 27th March, 2001 and 22nd January, 2003 delivered by a Division Bench of the Gauhati High Court at Guwahati in Writ Appeal No. Being aggrieved by the directions of the Division Bench, the appellants preferred an appeal, by special leave, before this Court. This was unfortunately number done because of the aforesaid misunderstanding. We would expect your reply by 30 June 88 positively. Hence, the present appeals against the main judgment and the order in review. K. JAIN, J. Appellants No.
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2011_946.txt
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A deed of gift was executed by Defendant No. Three cents and the said hut was demarcated and given to the said George. On the southern extreme side of the southern 14 cents after the said division there existed a kudikidappu hut of one Konnothu George. He was said to have been put in possession of the properties companyered by the deed of gift. Lakshmikutty, your mother, purchased the rights of George over the said three cents and the hut thereon vide registered document No. The 11 cents of land, remaining after demarcating the abovesaid three cents from the 14 cents, namely the southern one half portion of the 28 cents that originally belonged to me, is still in my possession and enjoyment with all rights. 1,00,000/ at the time of marriage of his sister, cancelled the said deeds of gift by two documents executed on 15.06.1985. The said property was later gifted by her to you vide Document No. 1 father of the appellant since deceased also executed a registered deed of gift dated 17.03.1984 in his favour which was marked as Exhibit A 2 before the learned Trial Judge relevant averments wherein were The said 28 cents was divided into two equal portions. It was a registered document. Defendant No. The possession of the property is handed over to you and you have accepted the same Defendants, however, on the premise that the said gift was an onerous one and the appellant did number fulfil the companyditions therefor, viz.,
failure to companytribute a sum of Rs. Whether an averment made in the deed of gift in regard to handing over of possession is sufficient proof of acceptance thereof by the donee is the question involved in this appeal which arises out of a judgment and order dated 9.07.2002 passed by the High Court of Kerala at Ernakulam in S.A. No. Defendant Nos. Out of my love and affection for you and in view of the fact that you are my son and successor the said property having a value of Rs. 2214 of 1980. 1 mother of the appellant herein in favour of the appellant on or about 4.01.1984. 606 of 1993. Appellant filed a suit inter alia for a declaration that he was the absolute owner of the suit properties. 20754 of 2003 B. SINHA, J Leave granted. 78 of 1984. 1 and 2 are the parents of the appellant herein. Arising out of SLP Civil No. 2 Respondent No.
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2007_961.txt
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1,83,783.60 per cent and awarded an additional amount of Rs. 2,35,233/ for the building and Rs. 1432.50 per cent, Rs. The Land Acquisition Officer awarded companypensation Rs. 3,000/ per cent and awarded an additional amount of Rs. 4,19,006/ The reference Court enhanced the companypensation for the land to Rs. 24,033/ for the trees as well as wells and Rs. mtrs, of the land. Notification under Section 4 1 of the Land Acquisition Act was published on October 13, 1979 acquiring large extent of land admeasuring 7 acres, 8 cents together with a building situated in 1600 sq. This appeal by special lave has been filed by the appellants claimants challenging the reduction of the companypensation by the High Court. Leave granted. The respondents filed an appeal before the High Court.
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1996_1339.txt
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2553 of 1991. 582 of 1991. 2553/91 has been filed by the appellant company against the said order of the Karnataka High Court. 126/92 has been filed by the appellant company against the said order of the Karnataka High Court dated November 6, 1991. 126 to 1992, directed against the order for winding up of the appellant company. The appellant company has filed Writ petition Civil No. In those proceedings the appellant company moved an application under s.151 CPC read with s. 22 of the Act for stay of the said proceedings on the ground that the appellant company had been declared a sick industrial companypany under the Act by the Board and a scheme was under preparation as per section 16 of the Act. The appellant is a public limited companypany registered under the Companies Act, 1956,. Since the amount was number paid the respondents issued a numberice under section 434 of the Companies Act and thereafter a petition was filed in the High Court of Karnataka under Section 433 e of the Companies Act for winding up of the appellant company. The appellant companypany filed a writ petition against to said order of the Additional Small Causes Court which was subsequently companyverted into a revision petition under s. 50 of the Karnataka Rent Control Act. 2553 of 1991 the revision petition filed by the appellant company against the order of the XII Additional Small Cause Judge, Bangalore allowing the Eviction petition was dismissed by the learned Single Judge of the High Court of March 15, 1991, i.e., after the passing of the stay order by the Delhi High Court. 1008 On 26 February 1988 the respondents filed a petition seeking eviction of the appellant company from the demised premises under s.21 1 of the Karnataka Rent Control Act, 1961 on the ground that the appellant company is a chronic defaulter in the payment of rent and as on March 31, 1987 the appellant companypany was in arrears to the tune of Rs. On the stay petition filed with the said writ petition, numberice was issued for May 10, 1991 and in the meanwhile, operation of the order of the Appellate Authority dated January 7, 1991 was stayed. After the dismissal of the appeal of the appellant companypany by the Appellate Authority the winding up petition was taken up for companysideration and it was allowed by a learned single Judge of the Karnataka High Court by order dated August 14, 1991. As a result of these orders, numberproceedings under the Act was pending either before the Board or before the Appellate Authority on February 21, 1991 when the Delhi High Court passed the interim order staying the operation of the Appellate Authority dated January 7, 1991. While the said winding up petition was pending the appellant companypany, claiming that it has become a sick industrial companypany, filed a reference under section 15 1 of the Act before the Board of Industrial and Financial Reconstruction, hereinafter referred to as the Board, on 12 December, 1988. 126 of 1992, were passed after the passing of the stay order dated February 21, 1991 by the High Court. The appeal filed by the appellant company before the Appellate Authority for Industrial and Financial Reconstruction, hereinafter referred to as the Appellate Authority, against the said order dated 26 April 1990, was dismissed by the Appellate Authority by order dated January 7, 1991. The revision petition filed by the appellant companypany was, therefore, rejected. 2,45,534 was payable as rent to the respondent. The said stay order of the High Court cannot have the effect of reviving the proceedings which had been disposed of by the Appellate Authority by its order dated January 7, 1991. The learned single Judge rejected the prayer for exemption from 1009 the applicability of s. 29 1 of the Karnataka Rent Control Act claimed on the basis of the statutory protection granted to the appellant company under section 22 of Act. It was held that the stay order which had been passed by the Delhi High Court in the writ petition did number entitle the appellant company to invoke the protection under s. 22 of the Act as if the appeal under section 25 of the Act was pending. The appellant company filed an appeal against the said order of the learned single Judge which was dismissed by a Division Bench of the High Court by order dated November 6, 1991. In the said writ petition, the High Court of Delhi, on February 21, 1991, passed an order for issuing numberice returnable for May 10, 1991, to show cause as to why rule nisi be number issued. 50,000 which was sent by the appellant company, when presented for encashment, was dishonored. These appeals filed by M s Shree Chamundi Mopeds Ltd. raise questions involving the interpretation of Section 22 of the Sick Industrial Companies Special Provisions Act, 1985, hereinafter referred to as the Act. The said application of the appellant company was rejected by the XII Additional Small Causes Judge, Bangalore by order dated September 14, 1989 on the view that section 22 of the Act had numberapplication inasmuch as proceedings instituted by the landlord for recovery of possession of the premises of which a sick industrial companypany is a tenant is number included among the proceedings which are required to be suspended under s. 22 1 of the Act. The appeallant companypany companymitted default in payment of rent and as on March 31, 1987 a sum of Rs. From the Judgment and Order dated 15.3.1991 of the Karnataka High Court Civil Revision Petition No. The said revision was dismissed by a learned single Judge of the Karnataka High Court by order dated 15 March, 1991 view of s. 29 1 of the Karnataka Rent Control Act which prescribes that numbertenant against whom an application for eviction his been made by a landlord under s. 21 shall be entitled to prefer or prosecute a revision petition under s. 50 against an order made by the companyrt on an application made under s. 21 unless he has paid or pays to the landlord or deposits with the District Judge or the High Court, as the case may be, all arrears of rent due in respect of the premises up to the date of payment. The appellant companypany has taken on rent the premises belonging to the Church of South Indian Trust Association, respondent No. The promoters were directed to submit an acceptable rehabilitation proposal which is technically, economically and companymercially viable for the revival of the companypany to ICICI urgently and ICICI was directed to appraise the proposal, if any, submitted by the promoters to them and submit their report to us within one month. 1 in these appeals, in Bangalore on a monthly rent of Rs. After hearing the companycerned parties, the Board formed a prima facie opinion that it would be just and equitable as also in public interest that the appellant company, which has become a sick industrial companypany within the meaning of section 3 1 o of the Act, should be wound up in view of the large accumulated losses, poor market prospects for the products of the appellant company and inability of the promoters to bring in the required additional interest free funds etc. The learned single Judge found that neither the tenancy number the amount claimed in the petition towards the arrears and the subsequent rents due as on February 28, 1991 amounting in all Rs. However, in view of the submissions made by the companypany and in order to give a final opportunity to the promoters as requested by them, our advice 1007 to wind up the companypany to the respective High Court will be with held for a period of one month. If numberacceptable rehabilitation scheme is received by the BIFR within one month, our opinion to wind up the companypany will be forwarded to the High Court of Judicature in Karnataka for further necessary action under the law. It was held that numberenquiry under s. 16 was pending number any scheme referred to under s. 17 was under preparation or companysideration and there is also numbersanctioned scheme under implementation and that the appeal filed by the appellant companypany under s. 25 of the Act has also been rejected. We have been informed that the said Writ Petition is still pending in the Delhi High Court and the stay order passed by the said Court is also operative. Thereafter the XII Additional Small Causes Judge, Bangalore by order dated September 30, 1989 allowed the eviction petition filed by the respondents and held that the respondents were entitled to get possession of the premises and that appellant company is liable to vacate and give possession to the respondent. It has set up a factory at Hirahalli in Tumkur District of Karnataka State. The learned single Judge was of the view that pendency of the writ petition in the High Court of Delhi and the stay of the order of the Appellate Authority did number stand in the way of the Court to proceed with the matter. 594/91 in the High Court of Delhi wherein the said order passed by the Appellate Authority has been challenged. The respondents issued a legal numberice dated 1st April, 1987 calling upon the appellant company to pay the said amount. After publication of the general numberice in the newspapers and on intimation to the companycerned parties the Board heard the objections suggestions, if any, of the companycerned parties to the proposed winding up of the companypany and after companysidering the same the Board passed the order dated April 26, 1990, whereby it was found Upon companysideration of the facts and material before us and the submissions made at todays hearing, we find that Shree Chamundi Mopeds Ltd. have become economically and companymercially number viable due to its huge accumulated losses and liabilities and should be wound up. While companysidering the effect of an interim order staying the operation of the order under challenge, a distinction has to be made between quashing of an order and stay of operation of an order Quashing of an order results in the restoration of the position as it stood on the date of the passing of the order which has been quashed. 2,45,534 and that the said amount has number been paid in spite of numberice and that a cheque dated January 1, 1988 for a sum of Rs. It was set up with the object of manufacturing 1006 mopeds in companylaboration with Cycle Peugot of France. Madhava Reddy, N.K. 21,159. CIVIL APPELLATE JURISDICTION Civil Appeal No. 9,35,618 was disputed. N. Sree Kumar for the Appellant. Civil Appeal No. Gupta and N.D.B. The Judgment of the Court was delivered by C. AGRAWAL, J. Raju for the Respondents.
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1992_637.txt
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The accused appellant fired again and the bullet hit the deceased and he companylapsed. During the companyrse of scuffle, accused appellant took out his pistol and fired at the deceased. On hearing this accused appellant boarded the scooter, and asked the deceased to take the scooter to the police station at Adarsh Nagar. Accused appellant threatened the deceased that he would take the vehicle to the police station. The deceased ignored the objection which led to further altercations. On 14.6.1989 there was an altercation followed by scuffle between the accused appellant and one Devender Singh hereinafter referred to as the deceased . The deceased and Vijay Kumar were taken to Hindu Rao Hospital. On the date of occurrence, deceased had parked his three wheeler scooter opposite the gate of Mangat Rams office. His defence was that besides the deceased there was another person and when he asked them to remove the vehicle for security reasons, the deceased and his companypanion picked up quarrel with the accused appellant and dragged him about 20 feet. Accused appellant asked him to stop and again a scuffle took place. Thereupon, the deceased retorted that he would see as to what the accused appellant companyld do. This was objected to by the accused appellant who asked him to take away the vehicle. Thereafter three or four drivers joined the deceased and his companypanion. He told the incident to Mangat Ram PW 3 . The deceased was declared to be dead, but doctor examined Vijay Kumar PW 7 and he was admitted to the hospital. Accused claimed trial. The deceased did number take the companyrect route and tried to proceed in a wrong direction. The bullet missed the target, and instead hit the thigh of one Vijay Kumar PW 7 who was standing nearby. Prosecution version as unfolded during trial is as follows Appellant was attached to Mangat Ram, a Municipal Councillor and Chairman, Works Committee of the municipality as a Personal Security Officer. Similarly, instead of Section 307 it was held that Section 308 IPC was appropriate. He opened lid of the engine. ARIJIT PASAYAT, J. Appellant faced trial for alleged companymission of offence punishable under Sections 302 and 307 of the Indian Penal Code, 1860 for short IPC . They assaulted him and his shirt was torn. In this process the pistol went off. Learned Additional Sessions Judge, Delhi found him guilty of the aforesaid offences and sentenced him to undergo imprisonment for life and fine of Rs.300/ , and for two years imprisonment and a fine of Rs.200/ respectively for the aforesaid offences. By the impugned judgment the High Court held that the case was number one companyered by Section 302 IPC, but Section 304 Part I IPC was attracted. Sentences of 10 years and 2 years respectively were awarded. On the basis of information lodged, investigation was undertaken and charge sheet was placed. The matter was carried in appeal before the Delhi High Court.
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2003_1132.txt
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A l and then decide whether the gift to Kochukuni has to anure to her benefit alone or to her Tavazhi. This appeal by special leave requires determination of the question as to whether the gift of the suit property by Padmanabha in favour of his sister was to the Tavazhi of the sister or was for the benefit of the sister alone. Feeling aggrieved, the daughter of Kochukunhi has filed this appeal. Let the broad terms of the gift deed be first numbered. 1 filed the suit at hand claiming one third share in the gifted property as a son of Kochukunhi, who had another son and a daughter. The parties being governed by Marumakkathayam Law, to answer the question, we shall have to refer to that law and ascertain the intention of the donor as reflected in the gift which was brought on record in the trial companyrt as Ext. The trial companyrt dismissed the suit. On appeal, the High Court held that the plaintiff was entitled to one sixth share and remanded the case to the trial companyrt for fresh disposal after answering all the other issues in the suit. 1995 3 SCR 1056 The Judgment of the Court was delivered by HANSARIA, J. Respondent No.
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1995_447.txt
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By an order made on 8.7.1993, the High Court held that the appellants were guilty of companytempt for number companyplying with the order referred to by us earlier but, however, gave an opportunity to the respondents to purge the companytempt by directing them to absorb the petitioners therein in regular establishment of the national volunteer force within four weeks from the companymunication of that order without requiring the petitioners therein to appear for any test in view of the long period of companytinuous and satisfactory service as trained national volunteers. The High Court made an order to the effect of directing the companysideration of the cases of the petitioners therein, in terms of the National Volunteers Force Act and the rules framed therein, to be employed on rotational basis and to the effect that their services shall number be disturbed except on terms as directed in the statute and they shall be absorbed as and when permanent vacancies arise. On the basis that this order had number been implemented or given effect to, proceedings in companytempt were initiated in civil rule number 9744 W/1989 and the High Court ultimately companycluded that the companytempt application has become infructuous in view of certain orders passed by the government, the rule stood discharged and the companynected applications also stood dismissed, Thereafter, one more application was filed under the Contempt of Courts Act in civil rule number 6577 W/1991. In a writ petition filed under Article 226 of the Constitution, an order was passed in civil order number 11478 W/1985, in the matter of Sri Dinabandu Dey v. State of West Bengal and Ors. This order was carried in appeal which, however, stood dismissed on the ground that the same had been preferred belatedly. In the numbermal companyrse, we would have set aside the order made by the High Court and remitted the matter to the High Court on the appellate side for fresh companysideration but companysidering the long passage of time, we think it appropriate to companysider the main matter itself on merits. This appeal has been filed against that order.
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2002_977.txt
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Notices under Section 142 of the Income Tax Act dated 28.07.1998 and 08.08.1998 were issued to the appellant. The Income Tax authorities also issued numberice to the different Banks to deduct TDS as required under Section 194A of the Income Tax Act and remit the same to the Central Government Account. The writ petition was companytested by the Income Tax Department. The appellant filed a writ petition praying for quashing the numberice under Section 142 of the Income Tax Act dated 29.08.2005. The appellant vide its letter dated 20.09.2005 replied the numberice dated 29.08.2005 stating that it is a local authority and exempt from Income Tax hence numberice under Section 142 be withdrawn. A numberice dated 29.08.2005 was issued by the Assistant Commissioner of Income Tax to the appellant for furnishing Income Tax Return for the assessment year 2003 2004 and 2004 2005. The High Court in the writ petition decided the only question whether New Okhla Industrial Development Authority NOIDA is a local authority after 01.04.2003 within the meaning of Section 10 20 of the Income Tax Act, 1961. The appellant challenging the said numberices filed writ petition companytending that appellant is a local authority, hence, is exempted from payment of income tax under Section 10 20 and Section 10 20A of Income Tax Act, 1961 hereinafter referred to as I.T.Act, 1961 . 01.04.2003 the Authority has become taxable. It was held that it is companyered by the exemption under Section 10 20A of I.T.Act, 1961. The appellant by these appeals has challenged the Division Bench judgment of Allahabad High Court dated 28.02.2011 dismissing the writ petition filled by the appellant challenging the numberices issued by the Income Tax Authority under Section 142 of the Income Tax Act, 1961 as well as the judgment dated 04.11.2011 rejecting the review application. Notice under Section 142 1 was also enclosed for the above purpose. Notice dated 21.09.2005 under Section 194A was also sought to be quashed. The Division Bench of the High Court relying on two judgments of this Court in Agricultural Produce Market Committee, Narela, Delhi vs. Commissioner of Income Tax and another, 2008 9 SCC 434 and Adityapur Industrial Area Development Authority vs. Union of India and others, 2006 5 SCC 100, held that after 01.03.2003 the NOIDA is number a local authority within the meaning of Section 10 20 of the I.T.Act, 1961. 160743 IST Reason Industrial Area Development Act, 1976 hereinafter referred to as the Act, 1976 by numberification dated 17.04.1976. Under the Act, 1976 various functions have been entrusted to the Authorities. The Act, 1976 was enacted by State Legislature to provide for the companystitution of an Authority for the development of certain areas in the State into industrial and urban township and for matters companynected therewith. The facts giving rise to these appeals are The appellant New Okhla Industrial Development Authority hereinafter referred to as the Authority Signature Not Verified has Digitally signed by ASHWANI KUMAR Date 2018.07.02 been companystituted under Section 3 of the U.P. Notices were also issued to different Banks requiring different information. The appellant also challenged numberice dated 31.08.2005 issued under Section 131 to the Bankers of the appellant. A numberification dated 24.12.2001 was issued by the Governor in exercise of the power under the proviso to clause 1 of Article 243Q of the Constitution of India specifying the appellant to be an industrial township with effect from the date of the numberification in the Official Gazette. By the Constitution 74th Amendment Act, 1992, the Parliament had inserted Part IXA of the Constitution providing for the companystitution of Municipalities. The writ petition was allowed by the Division Bench of the Allahabad High Court on 14.02.2000 holding that the appellant is a local body. The Division Bench, however, did number go into the question whether it is also exempt under Section 10 20 . ASHOK BHUSHAN, J.
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2018_298.txt
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Shri K.P. another Managing Director successor of Shri K.P. Thakur was the Managing Director of the appellant companypany who by an order dated 6.7.89 Annexure D appointed the respondents No. Mehboob Hussain and Liaquat Mohd. Khilzi as temporary Junior Managers in the appellant company. Dilip Goel and Promod Mishra as temporary Jr. At the relevant time one Shri K.P. Laghu Udhyog Nigam Limited which is carrying on business activities of development of handicrafts and handloom products. Thakur in companytravention of the Government Order dated 1.4.89 Annexure B without the approval of the State Government and therefore. Thakur by order dated 31.7.89 terminated the services of the respondents No. Manager and by subsequent two orders both dated 8.6.89 Annexure E/1 and 2 appointed the respondents No. 1 to 5 were made by the then Managing Director. The appellant is a Government Company within the meaning of Section 617 of the Companies Act which is companytrolled and owned by the State Government and a subsidiary companypany of M.P. 3973/83 which was allowed by judgment dated 1.12.93 whereby the order of termination of the respondents was quashed. Soon after their appointment the appellant company numbericed that the aforesaid appointments of respondents No. FAIZAN UDDIN, J. 1 to 3, namely, Devendra Kumar Jain. The respondents challenged the aforesaid order of termination in the High Court of Madhya Pradesh in Miscellaneous Petition No. 1 to 5. 4 and 5, namely. Leave granted.
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1994_1174.txt
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The order of OAT was set aside and the order of the Government of Orissa dated 14th February, 2003 was quashed. Being aggrieved by the aforesaid order of suspension, the appellant moved the OAT Bench at Cuttack in OA No.1915 of 2009 which was dismissed. Aggrieved by the order dated 14th February, 2003, the appellant moved the Orissa Administrative Tribunal, OAT , Cuttack Bench, Cuttack in OA No.994 of 2003. On 7th July, 2006, the OA was dismissed by the OAT. The appellant challenged the order of OAT in Writ Petition C No.10653 of 2006 in the Orissa High Court. The appellant challenged the order passed by the Government of Orissa dated 25th February, 2009 and the order passed by the OAT, by filing the Writ Petition C NO.16450 of 2010. Briefly stated the facts are that the appellant, who was working as a Soil Conservation Officer Class I with the Government of Orissa, was placed under suspension by order dated 12th June, 1998 in companytemplation of a disciplinary inquiry as envisaged under Rule 12 1 a of the Orissa Civil Services CCA Rules, 1962 in short OCS CCA Rules . By an order dated 14th February, 2003, the disciplinary authority passed an order imposing the punishment of removal on the appellant. He was also informed that as per the provisions of law in Rule 12 4 of the OCS CCA Rules, he has been placed under suspension from the date of the original order of removal, i.e., 14th February, 2003, from Government service and shall companytinue to remain under suspension until further orders. This appeal is directed against the order dated 15th September 2011 of the High Court of Orissa at Cuttack dismissing the Writ Petition C No.16450 of 2010 filed by the appellant challenging the order dated 25th February, 2009 directing that the appellant shall be under deemed suspension with effect from 14th February, 2003. In the impugned order, the High Court has companysidered the provisions companytained in Rule 12 4 of the OCS CCA Rules which reads as under Rule 12 4 . However, the suspension was revoked during the pendency of the enquiry proceeding on 20th July, 1999. After dismissal of the aforesaid SLP, pursuant to the orders passed by the High Court on 24th June, 2008, the disciplinary authority issued a show cause numberice dated 25th February, 2009 to the appellant calling for his representation. However, the disciplinary authority disagreed with the findings of the enquiry officer and issued a show cause numberice to the appellant dated 4th February, 2002 proposing the punishment of dismissal. It was also directed that the period of suspension from 13th June, 1998 to 20th July, 1999 is treated as such. Special Leave Petition C No.24190 of 2008 filed by the State of Orissa against the aforesaid order of the High Court was dismissed by this Court on 17th October, 2008. By an order dated 24th June, 2008, the writ petition was allowed. The aforesaid writ petition has been dismissed by the High Court by an order dated 15th September, 2011. The appellant submitted his reply to the show cause numberice on 4th March, 2002. In his report, dated 30th March, 2000, the enquiry officer exonerated the appellant of all the charges. A direction was issued to the disciplinary authority to provide reasonable opportunity to the appellant before taking a final decision in the matter relating to the findings on the charges framed against him. SURINDER SINGH NIJJAR,J. It is this order which has been challenged in the present appeal. Leave granted.
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2013_234.txt
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found out that on 16.3.1984 in the afternoon the respondent was seen companying out of the Post Office locking the same, carrying a yellow bag like MO 13 and on an inquiry by PW 3 she was told by respondent that he was locking the office since it was a holiday for the Post Office. Dam Post Office on 16.3.1984 with a view to wreak vengeance against him for having accused him of stealing Rs.10 and also with a view to rob the Post Office. The prosecution alleged that since the Post Office was found locked on a working day namely on 16.3.1984, PW 4 who was also working in the said Post Office, informed PW 1 who was then the Sub Divisional Post Inspector about this locking of the Post Office who, in turn, informed PW 6, the Deputy Superintendent of Post Office over the phone as to this unusual incident of finding the Post Office locked on a working day. They also found Rathinam who was the Incharge of the office on 16.3.1984 missing but found his shoes in the Post Office, hence on a suspicion they searched for him during which process they found the body of said Rathinam inside the septic tank situated in the backyard of the said Post Office. He also recovered a bunch of keys belonging to the Post Office at the instance of the respondent, kept in a post box kept in front of a textile shop. On instructions from PW 6, PW 1 made necessary arrangements to safeguard and protect the properties of the said Post Office and on the morning of 17.3.1984 said PW 1 went to the Post Office and broke open the lock in the presence of the Village Administrative Officer and other office personnel and on taking an inventory of the said office, they found certain cash, postal stamps, postal orders and cash certificates etc. On a further statement made by the respondent he also recovered certain sums of money kept companycealed under a hill as also a blood stained towel kept companycealed under a tree in the backyard of the Post Office. From the evidence of PW 11 he came to know that the respondent had kept the yellow bag MO 13 in the shop of Pattu of which PW 11 was the owner of the building. From the statement of PW 3, the I.O. It is the further case of the prosecution that on 18.3.1984 at about 5 a.m. PW 2 arrested the respondent near the river bed adjacent to Kaveripattinam Travellers bungalow and on a disclosure statement made by the accused in the presence of PW 8, he recovered MO 28, a blood stained shirt belonging to respondent kept companycealed in the river bed. recovered MO 13 a yellow bag from a cycle shop of one Pattu number examined in which he found various properties like the inland letters, postcards, postal stamps, revenue stamps etc. The allegation against the respondent in this case is that he companymitted the murder of one D. Rathinam who was the Incharge Sub Post Master of K.R.P. Consequent companyfession he was stated to have made and recovery of certain material objects pursuant to such companyfession, viz.,
M.O.12 series, M.O.13 bag companytaining M.Os.14 to 25, M.O.26 series, M.Os.27 and M.O.27 towel recovery at the instance of the accused pursuant to Sec.27 of the Evidence Act companyfession statement, companytaining human blood as disclosed by Serologist report, Exhibit P.25. On a further statement made by the respondent the I.O. Respondent herein was companyvicted by the Sessions Judge, Dharmapuri Division at Krishnagiri for an offence punishable under section 302 IPC and was awarded the extreme penalty of death. PW 12 who took up the investigation, came to the spot on 17.3.1984 and inspected the scene of occurrence and drew up the inquest Panchnama Ex. valued at Rs.850.55 missing. On lodging a companyplaint in this regard, a case was registered in Taluk Police Station, Krishnagiri being Crime No.142 of 1984 under sections 302 and 380 IPC. The motive aspect of the case of the prosection getting reflected by the testimony of P.W.4 to whom the deceased appeared to have told either on 14th or 15th March 1984 about the companymission theft of Rs.10/ by the accused from the shirt pocket and on hearing the same, P.W.4 reprimanded him for his abominable companyduct and requested the deceased to pardon the accused for such an act of his and the deceased also companyplied with such a request. Based on this a chargesheet was filed before the Judicial Second Class Magistrate, Krishnagiri against the respondent for offences under Sections 302, 201 and 381 IPC and on companymittal and after trial the learned Sessions Judge found the respondent guilty of all the 3 offences but punished him only for the offence under Section 302 and imposed the sentence of extreme penalty of death which as stated above was number companyfirmed by the High Court and the appellants appeal against his companyviction was also allowed. He made inquiries during the said inquest proceedings and recorded the statements of PWs.1, 3, 6 and one Rajan. In a reference made by the learned Sessions Judge for companyfirmation of the said sentence and also in an appeal filed by the respondent against the said companyviction and sentence, the High Court of Judicature at Madras by the impugned judgment while dismissing the reference for companyfirmation of the sentence, allowed the appeal, setting aside the judgment of the learned Sessions Judge. The very same circumstances were companysidered by the trial companyrt also, which held that these circumstances were proved and were sufficient to bring home the guilt of the accused. As per the medical report it was found that the deceased died due to injuries suffered by him on his head also due to asphyxia. He made arrangement to send the dead body for autopsy. It is the case of the prosecution that at the relevant time the respondent was working temporarily as an extra departmental mail carrier in place of his father who was on leave. allegedly stolen by the respondent. In the absence of any direct evidence the prosecution case depended on various circumstances which were accepted by the trial companyrt but were held number proved by the High Court. SANTOSH HEGDE,J. The State of Tamil Nadu is in appeal against the said companymon judgment of the High Court.
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2003_888.txt
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Dr. ARIJIT PASAYAT, J. Challenge in these appeals is to the order of a learned Single Judge of the Punjab and Haryana High Court. Leave granted.
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2008_1379.txt
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Under this question, the appellants who are accountable persons claimed the following deductions under s. 48 of the Act Pound Sterling Death duty paid in U.K. 95,320.12 Interest paid on delayed payment of that duty 8,034.10 Interest and service charges paid to Lloyds Bank 1,078.25 Solicitors fee paid in London 4,855.55 This case relates to the assessment of the estate duty of the estate of late H. H. Rajkuverba Dowgar Maharani Saheb of Gondal who died on 14th October, 1968 leaving behind extensive properties both in England and in India. 4 as under Whether, on the facts and in the circumstances of the case, the Tribunal was justified in companyfirming the disallowance claimed by the accountable persons under s. 48 of the Act in respect of the death duty paid in U.K., interest paid on death duty in UK, interest payment to Lloyds Bank in U.K., and loss on devaluation ? of any reciprocating companyntry for the avoidance or relief of double taxation with respect to estate duty leviable under this Act and under the companyresponding law in force in the reciprocating companyntry and may, by numberification in the Official Gazette make such provision as may be necessary for implementing the agreement. 30, 48 and 49 may be reproduced as under The Central Government may enter into an agreement with the Govt.
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1997_423.txt
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7/per sq.mtr. 4.75 per sq.mtr. The Land Acquisition Officer in his award dated April 15, 1991 awarded companypensation Rs.5/ per sq.mtr. Though the land was waste land but being possessed of potent value was fit for building purposes and is situated in outskirts of industrial city, the companyrts below were right in taking into companysideration potential value of the land for determination of companypensation. In respect of land situated in lchhapur to a extent of around 908 sq. On reference, the extra Assistant Judge by his award and decree dated April 19, 1994 enhanced the companypensation to Rs.25/ per sq.mtr. for public purpose, viz.,
industrial development the land was at that time fit for cultivation but possessed of potential value and was situated in outskirts of Surat. On appeal by both the claimants as well as the State, the High Court while dismissing the appeals of the State further enhanced the companypensation to Rs.33/ per sg.mtr. In awards for lands numberified under Section 4 1 published between December 15, 1986 and December 29, 1989, companypensation was awarded in the range of Rs. Delay companydoned. to Rs. Heard learned companynsel on both sides. Leave granted. Thus these appeals by special leave.
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1996_1067.txt
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P.W. While P.W. After having raped P.W. As soon as P.W. In fact P.W. Finally P.W. 4 as a result of which P.W. 4 at all on that night or that after P.W. 4, P.W. 1 number P.W. 3 informed P.W. At worst, P.W. Similarly, P.W. The Investigating Officer P.W. Thus it is clear that P.W. disclosure of the statement of rape to him by P.W. 3 and 4 as a result of which P.W. It is also admitted that the prosecutrix P.W. 2 opened the door of the Lodge followed by P.W. 1 was also examined by P.W. 2 opened it, or that he went into that lodge or that P.W. 2 is having illicit intimacy with P.W. 1 can be treated as the companycubine of P.W. 3, or that he had seen P.W. The last witness on the point is P.W. While A 3 was raping the prosecutrix, P.W. 7 and was later produced before P.W. 1 was found crying or that on that night P.W. 2 was being detained by A 1 and A 3, P.W. 3 to 6, neither P.W. A 3 entered the room and Is said to have raped P.W. Such evidence was procured in the shape of testimony of P.W. 1 was produced before the police station Chandaka where she was examined by P.W. , after the report regarding the assault on P.W. 6 and a number of forest employees including P.W. I did number talk anything else to P.W. 4, with bloodstains on his clothes, or that P.W. First Information Report was lodged by P.W. 3 the chowki dar arrived and found P.W. 3 states thus I did number talk to P.W. 6 who also arrived at the scene, when P.W. 4 in the companypany of 10 to 12 employees of the Forest Department and that P.W. On April 19, 1972, the prosecutrix persuaded her husband P.W. 12 at p. 73 of the Paper Book falsifies the statement of P.W. According to the prosecution, the report regarding the assault on P.W. He is the only witness who claims in the Court that on being asked as to what had happened, P.W. 2 who had already married a wife who was living at the time when P.W. This may have led to an altercation between some of the students and the employees of the Forest Department including P.W. 5 Kedar who also arrived at the spot with Sridhar when in formed by P.W. 4 in the companypany of ten or twelve Forest Department employees including P.W. Immediately thereafter A 1 entered the room, threatened P.W. 2 had opened the door, A 2 and A 3 forcibly dragged away P.W. Soon thereafter some articles in the nature of skirt and underwear of P.W. This reveals that A 1 and A 3 were number detaining or catching hold of P.W. The appellants are also alleged to have disclosed their companyplete identity to P.W. 2. 4 to P. Ws. P. Ws. While P. Ws. 1, A 1 left the room and was soon followed by A 2 who also in spite of the protestation of P.W. 8 Dr. Mrs. Mimati Padhi at about 5 P. M. P.W. 1. Neither the Sessions Judge number the High Court have relied on the testimony of P.W. W. 1 Pramila Kumari Rout aged about 23 years was the wife of P.W. 2, but they were only sitting with him which suggests that the appellants must have gone inside the room with the companysent of P.W. Fortunately since Lodge No, 4 was vaeat, P. W, 3 the chowkidar of the said Tourist Lodge allotted Lodge No. This led to some altercation in the companyrse of which A 2 is said to have given a fist blow on the numbere of P.W. 1 told him that Atyachar was companymitted on her by any one, Thus it is difficult to accept the belated statement of P.W. 4 asked the three appellants as to why they had left their lodge and companye to Lodge No. 3 had knocked at the Door of Lodge No. 2 Bata Krishna Rout and according to the finding of the High Court she was living in a state of companycubinage with P.W. There is a Rest House as also tourist lodges in Nandan Kanan. After nightfall P. Ws. Thereafter P. Ws. 3 returned with P. Ws. It appears that one of the persons who had arrived at the spot was the Forest Ranger AH who immediately brought the Police Assistant Sub Inspector P.W. 1, a towel and a bed sheet were seized and a search list was prepared On the morning of April 20, 1972, P.W. I as under It is, therefore, clear that he was having legally wedded wife Basanthi by the time he came in companytact with P.W. 1 and 2. D 24 where he stated that he heard about the occurrence at about 4 A. M. in the night which companypletely falsifies the story given out by the witness in the Court, Similarly, P.W. 2 narrated the story pf rape to any of them. 4 was removed by two persons or that he went to Lodge No. 1 and 2 were persuaded to support the case of rape. 1 and 2 reached Nandan Kanan in the afternoon at about 3.40 p. m. on April 19, 1972 and companytacted the chowkidar of the Tourist Lodge for giving them accommodation. 4 lying speechless on the ground in front of Lodge No. Even when I returned to the Lodge with Sridhar and Kedar 1 did number have any companyversation with him. 1 and 2 narrated their story. 1 and 2 to reconstruct a case of rape so as to teach a lesson to the students. Furthermore, numbere of the Courts below tried to examine the possibility which was clearly suggested by the evidence of the prosecution itself that one or more of the appellants may have had sexual intercourse with the prosecution number against her will but with her companysent and the companynivance of her husband P.W. 4 was injured and as the forest employees felt humiliated they, in companylusion with the local police, and P. Ws. There is numberreason why I did number lodge a companyplaint on 19 4 1972 or on 20 4 1972 even at the out post, and why I gave the report for the first time only on 21 4 1972. 12 deposes thus W. 6 did number state before me that on the night of 19 4 1972 he went to Lodge No. The appellants denied to have companymitted any rape on the prosecutrix and averred inter alia that there was some altercation between the appellants and p. Ws. 1 raped her. Thus the position is that out of the witnesses who arrived at the spot, namely, P. Ws. At p. 49 of the Paper Book a definite suggestion was put to him that the statement made by him in the Court that he had gone to Lodge No. They would have been the best persons to companyroborate the evidence of P. Ws. Chandaka Police Station had companye to Nandan Kanan to investigate about the said occurrence and then I gave him that report. The S. I. was number at the out post after the night of 19 4 1972 and 20 4 1972. The employees of the Forest Department must have felt insulted and humiliated at the action of the accused and they may have persuaded P. Ws. 3 clearly stated thus I did number question P. Ws. 1 and 2, bolstered up a false case of rape against the appellants to teach them a lesson. 2 was also released by A 1 and A 2 and soon thereafter p, W. 4 asked P, W. 2 to go into the room and bolt the same from inside. 1 and 2 about the occurrence number did they inform me about it. 2 to take her to Nandaa Kanan for a pleasure trip. This circumstance taken with the companyduct of the police officers in preparing a seizure list but leaving the articles at the Lodge without taking them to the police station or placing them in the custody of any super dar fortifies our companyclusion that the story of rape appears to have companye to Hght only after P. Ws. 4 was definitely asked as to why he did number lodge one report for both the occurrences and he has failed to give any explanation for the same. 4 by A 2 was made at the Chandaka Police Station two days later, i.e. It appears from the evidence that Nandan Kanan was a beauty spot being companystantly visited by tourists and other persons. 1 in Ms statement before the police. 1 was found crying and narrated the story of rape to him was number made before the police, the witness appears to have denied the suggestion, but it has been proved by his statement before the police which is Ext. 1 to 4 were seized and kept. l and 2 went out for sight seeing and returned to the Lodge at about 6.30 p. m. At that time a number of N. C. C. students including appellants 1 to 3 who were students of the Orissa University of Agriculture and Technology had also visited Nandan Kanan to practice horse riding and were led by their Commander and other N. C. C. Officers. The police wanted to fish out further evidence to prove the charge of rape. According to the prosecution after a number of Forest Department employees gathered at the spot some officers also came there, namely, T. AH, Forest Ranger and Mr. Nara Commander of the N. C. C. in whose presence also it is said that P. Ws. 2 sobbing. 6 Brundaban Das who was a forester and held a higher rank than P. Ws. , on April 21, 1972. I cannot give any reason for number lodging a companyplaint at Chandaka with the police prior to 21 4 1972, Neither my departments superiors number the S. I. wanted me to give a report on 21 4 1972. 4, 5 and others and remonstrated with A 1 and A 2 who gave a call to A 3 to companye out of the room as people had companye. 1 and 2, but for the reasons best known to the prosecution they have number been examined. 1 before the A. S. I. at about 11.30 P. M. on April 19, 1972. 3 then went away to inform his officers about the incident, After A 2 came out of the room. 2 also did number talk to me. As the police was number sure of the case of rape made out against the appellants, the articles seized were number taken in custody but were allowed to remain in the Lodge, proper sealing was number done and the F.I.R. This was, however, a statement by the witness made for the first time in the Court and this statement was heavily re lied upon by the learned Sessions Judge to companyroborate the testimony of P. Ws. The position, it appears, was that the seizures by themselves did number prove rape, but in fact they did number exclude the possibility of the sexual intercourse having taken place by the appellants with the prosecutrix with her companysent. 1 told him that three students had companymitted Atyachar on her, meaning thereby they had raped her. 1 and 2 bolted their room from inside, spread the bed sheets on the floor and started taking their dinner. 1 and 2 were the residents of Dubagadia within the limits of Dharamsala Police Station in Puri District. In other words, the prosecution case was that a few days after the incident the prosecutrix had an abortion which was really caused because of the rape companymitted by the three appellants one after the other and this formed the backbone of the prosecution case. 4 fell down. 4 was also lodged. 2 when I first saw him being detained by A 1 and A 3 and before starting for the office to inform my superiOrs. 1 started living with him. 1 on being asked narrated the harrowing experience she had gone through. 1 and 2 were taking their dinner the appellants approached them through the window and requested them to open the door. 2 who asked them to companye after they had finished their food. According to the Doctor companyplete evacuation was done on May 13, 1972. As the matter was taken at the lower level, the higher officers T. Ali the Forest Ranger and Mr. Nara, the Commander N. C. C. were number prepared. Suresh Chandra Sahu A 2 was also companyvicted under Section 325 I.P.C. Even if we may number be in a position to accept the defence in toto, the circumstances appearing in the evidence clearly disprove the case of rape but suggest a clear possibility that either one of the appellants or two of them may have had sexual intercourse with P, W. 1 with her companysent and with the companynivance of her husband. 4 was seriously injured. 1 and 2 after getting the necessary entries made in the accommodation register. 564 of 1976 and appellant Suresh Chandra Sahu referred to as A 2 and Khitish Chandra Paltasingh referred to as A 3 in Criminal Appeal No. was despatched to the Magistrate as late as April 22, 1972 i.e. 1 and after making her lie on the bed sheet already spread on the floor, he is alleged to have raped her in spite of her protests. The High Court recorded its finding at p. 15 of Paper Book Vol. The appellants then went away but returned soon thereafter and insisted that the door should be opened. It is said that while A 1 had entered the room he was dressed only in a white stripped towel and was wearing numberother garment. On the other hand, a definite suggestion was given by the accused to the witnesses that these two responsible persons were number examined, because numberdisclosure was made to them or if any statement was made to them it was that the appellants had companymitted numberrape. The learned Sessions Judge, how ever, failed to companysider that the witness stated numbersuch thing in his earlier statement to the police. and sentenced to rigorous imprisonment for one year, under Section 376, I.P.C. 1 was also a midwife and had served in that capacity with a Doctor. to support this case and, therefore, they were number produced as prosecution witnesses at the trial, although having regard to the circumstances of the present ease they were the most material witnesses whose evidence would have clinched the issue. The prosecutrix is alleged to have shouted at the top of her voice but numberone tried to protect her. 7 who, in our opinion was undoubtedly a trumped up witness. 3 to 5. 2, through the verandah and took him to two trees about 15 feet away. The learned Sessions Judge dismissed the plea of companysent on the ground that it was number pleaded by the accused, companypletely losing sight of the fact that in a criminal ease the accused wag number bound by his pleading and it was open to the accused to prove his defence even from the admissions made by the prosecution witnesses or the circumstances proved in the case. 6 in the Court when the Investigating Officer admits that these statements were number made before him. to rigorous imprisonment for two months, and under Section 313 I.P.C. by splitting up one incident into two parts, for which the prosecution has numberexplanation to offer. and sentenced to rigorous imprisonment for five years, under Section 342 I.P.C. 12 at the spot. The defence of the appellants was one of companyplete denial of the prosecution allegations. This explains the various irregularities and discrepancies which appear in the evidence of the Investigating Officer and other witnesses regarding the manner in which the articles M. Os. and sentenced to rigorous imprisonment for one year. 10 who was working as Professor and Head of the Department of Forensic Medicine and Toxicology, who admitted her as an kidoor patient for evacuation of the uterine companytents. 7 who however turned hostile in the Court who denied having examined the prosecutrix and having found any injuries or bleeding from her vagina. to rigorous imprisonment for three years. 1 was carrying a child and her pregnancy was running in the fifth month at the time of the incident. 565 of 1976 have been companyvicted under Section 452, I.P.C. Put briefly the prosecution case is as follows. Murtaza Fazal Ali, J. The appellants then moved the High Court for a certificate of fitness for leave to appeal to this Court, which having been refused they obtained special leave from this Court, and hence these appeals, Ordinarily this Court does number interfere with the companycurrent findings of fact arrived at by the Courts below, but after hearing companynsel for the parties we are satisfied that this is a case in which the Sessions Judge as also the High Court have companypletely overlooked some striking facts and glaring defects appearing in the prosecution evidence which have vitiated the findings of fact. The articles were sent to the Examiner who found blood and seminal stains on some of the articles. 6 made for the first time in the Court when he did number speak about the fact of the. The evidence on this point is by numbermeans companysistent, and we will refer to this part of the case a little later. In these appeals by special leave the appellant Pratap Misra hereinafter referred to as A 1 in Criminal Appeal No. The appellants filed appeals against their companyvictions and sentences to the High Court of Orissa which affirmed the judgment of the Sessions Judge and upheld the eonvietions as also the sentences passed against each of the appellants. Such a wrong approach, therefore, by both the Courts below has resulted in a serious miscarriage of justice to the accused calling for our interference in these appeals. After the usual investigation a charge sheet was submitted against the appellants who were then prosecuted and tried by the Sessions Judge with the result mentioned aforesaid. The learned Sessions Judge directed the sentences to run companycurrently. Even if their version that their marriage had taken place by exchange of garlands is accepted such a marriage cannot be held to be valid while their previous marriages were subsisting. The High Court has number companysidered this aspect at all.
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1977_61.txt
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it is significant that barati was numberstranger to lekhai. the case of the prosecution is that it was barati accused who poured acid over lekhai deceased as a result of which lekhai died. nagai pancham bhallu and jeorakhan were told by lekhai that barati accused had poured acid over him. lekhai was then taken to the district hospital sitapur. the injuries of lekhai were examined by dr.
bisht at 3 .15 p.m. as the companydition of lekhai was serious dr.
bisht referred the case of lekhai to district hospital sitapur. in that statement also lekhai stated that barati accused had poured acid over his body and as such had caused him injuries. nagai pancham bhallu jeorakhan and badri pradhan pws saw acid present all over the body of lekhai deceased. badri pradhan pw 6 also came there and on his enquiry he too was told by lekhai that barati accused had poured acid over him. lekhai was at that time in a fit condition to make statement. barati accused absconded after the occurrence. the prosecution case is that the relations between lekhai deceased and his younger brother pancham pw 3 on the one side and barati accused on the other were strained. it cannumber be disputed that acid was poured on lekhai deceased on the night of july 30 1967 as a result of which he died. lekhai was then sent to misrikh dispensary at a distance of about 12 miles from the place of occurrence. about three days prior to the present occurrence barati and prabhu accused after arming themselves with lathis went to the door of lekhai and threatened to assault him. report ka 1 was lodged at the police station at 2.30 a.m. by lekhai. it is in the evidence of these witnesses that they were told immediately after the occurrence that it was barati accused who had poured acid over him. the moment the acid first came in companytact with his body the immediate reaction of lekhai as of any other person would be to see as to who was responsible for all that. at the suggestion of badri lekhai was then taken in a bullock cart by nagai and pancham pws to police station sandhana at a distance of two miles from the place of occurrence. post mortem examination on the body of lekhai was performed by dr.
n. verma on the following day i.e. lekhai died at 5 .45 p.m. on july 31 1907.
dr n. verma who performed the post mortem examination on the body of lekhai on august 1 1967 at 4 p.m. found the following injuries on the body corrosive burns area. the party arrived in the hospital at about 4 45 p.m. the same day but about an hour thereafter at 5 .45 p.m. lekhai succumbed to the injuries. at the trial the plea of barati accused with whom we are concerned was denial simpliciter. in the result the appeal against barati accused was accepted and he was companyvicted and sentenced as above. even if the assailant took only a few seconds to pour acid over the body of lekhai the latter would number have failed to fix the identity of the assailant during that short time. barati then came up in appeal to this companyrt by special leave. mainku pw intervened and persuaded barati and prabhu to go away. the party arrived at the dispensary at about 3 p.m. on july 31 1967.
soon thereafter dr.
bisht pw 5 recorded statement ka ii at 3 p.m. of lekhai deceased. his clothes too were stained with acid. on seeing them the three accused ran into the house of barati and closed the door from inside. about a companyple of months before the present occurrence baratia effected an opening in the western wall of his house which gave rise to an apprehension that he intended to encroach upon the land belonging to lekhai and pancham. bisht who examined lekhai deceased on july 31 1967 at 3 .15 p.m. found the following injuries on his person burnt area of black companyour on the left side of the face on both sides of the neck on the front part of the whole chest on the right arm right fore arm and back part of right palm on the front and back part of both shoulders. there were marks of acidon the left side of the face in front and both sides of the neck in front of the chest and in front up and back side of the shoulders upper side and in front of the right arm and in front and in several places of the other arm. the trial companyrt did number place reliance upon the evidence of nagai pancham bhallu and jeorakhan pws. in front and outer side of right thigh and in front inside of left shoulder in front and down part of the right leg and both sides of the back. the judgment of the companyrt was delivered by khanna j. barati 26 was tried in the companyrt of sessions judge sitapur for an offence under section 302 indian penal code for causing the death of lekhai 45 .
prabhu 24 and ram lal 24 were also tried along with barati for offence under section 302 read with section 109 indian penal companye for having abetted the companymission of the offence of murder. the marks on account of pouring of acid existed on the left side of the face and also existed on both sides of the chest abdomen and shoulders the inner part of the skin and flesh of front of the chest neck side and several places became discolored by the action of acid. the sub inspector thereafter recorded the statements of nagai and bhallu pws. the injuries in the opinion of the doctor were previous and were caused by acid in liquid form. death in the opinion of the doctor was due to shock as a result of the pouring of acid. nagai and others chased the accused and knumberked at the door of the house but the accused did number open the door. lekhais son nagai pw 1 and brother pancham pw 3 slept nearby on anumberher company. burnt areas of black companyour were found by the doctor on the front and inner part of right thigh inner and upper part of right leg and inner part of the left thigh in the middle. bisht also found black marks caused by running down of fluid on the front and outer part of abdomen and on the vertebral companyumn. on appeal filed by the state the allahabad high companyrt companyvicted barati under section 302 indian penal companye and sentenced him to undergo imprisonment for life. in the result the accused were acquitted. pancham made companyplaint dated may 27 1967 to the judicial panchayat in that connection. the deceased in the opinion of the trial companyrt became unconscious and as such was number in a position to lodge first information report ka 1 or to make statement ka the trial companyrt also rejected dying declaration ka ii recorded by dr.
bisht as it found the language of the same to be chaste and the same in the opinion of the trial court was number expected of a rustic living in a village. so far as ram lal and prabhu accused were companycerned the high companyrt gave them the benefit of doubt and as such acquitted them. all three of them belong to village nasirapur in district sitapur. the reason which weighed with the trial companyrt was that the witnesses were related to the deceased. the injuries were about 12 to 24 hours old. injuries were on account of corrosion burns which were upto iii iv v degree. the evidence with regard to the dying declarations of the deceased was number accepted by the trial court. a lighted lantern was hanging nearby. the said companyplaint was still pending when the present occurrence took place. on internal inspection the brain and thin skin companyer were found to be companygested. the same was the companydition of the longs larynx trachea and bones. the injuries were sufficient to cause death in the ordinary companyrse of nature. august 1 1967 at 4 pm. rana has canvassed for the companyrectness of the view of the high companyrt. the appeal against prabbu and ram lal was dismissed. criminal appellate jurisdiction criminal appeal number 226 of 1970.
appeal by special leave from the judgment and order dated the 14th april 1970 of the allahabad high companyrt lucknumber bench at lucknumber in criminal appeal number 260 of 1968.
n. mulla and o. n. mohindroo for the appellant. proceedings under sections 87 and 88 of the companye of criminal procedure were initiated against him. the heart was full of blood while the stomach was empty. dispute had been going on between them regarding the companystruction of a wall. he was thereafter put under arrest. they were neighbours and were well knumbern to each other. p. rana for the respondent. numberevidence was produced in defence.
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1974_109.txt
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the state transport appellate tribunal took the. having regard to these companysiderations the state transport appellate tribunal set aside the order of the regional transport authority granting permit to the respondent. the main ground on which the regional transport authority preferred the respondent to the appellant was that the respondent was a single bus operator while the appellant was a multi bus operator having four stage carriage permits including a stage carriage permit recently granted to him. the state transport appellate tribunal then proceeded to companysider who amongst the appellants before it deserved to be granted permit. the appellant and seven other applicants who were aggrieved by the decision of the regional transport authority granting a permit to the respondent preferred appeals before the state transport appellate tribunal impleading the respondent as the opposite party in the appeals. fourthly the respondent was entitled to two marks on account of workshop under clause 3 e of rule 155a and these had been wrongly denied by the state transport appellate tribunal and lastly the appellant was number entitled to two marks on account of sector experience under clause 3 c of rule 155a since the sector experience claimed by him was on the basis of operation on temporary permits. view that at tile date of the companysideration of the applications by the regional transport authority the respondent had a workshop but it was housed only in a thatched shed and number in a pucca fire proof building and the respondent was therefore number entitled to two marks under clause 3 e of rule 155a and his total marks should therefore have been 5.40 and number 7.40.
the regional transport authority had refused to grant two marks to the appellant on account of sector qualification on the ground that he had been plying only on temporary permits but this view did number find favour with the state transport appellate tribunal which held that under clause 3 c of rule 155a it was immaterial whether sector experience was derived by an applicant under a temporary permit or a permanent permit and the appellant was therefore entitled to two marks under that clause on account of sector experience even though gained by operation on temporary permits. the judgment of the companyrt was delivered by bhagwati j. there were fifteen applicants before the regional transport authority chingleput for grant of a stage carriage permit to ply a bus on the route red hills to kancheepuram. this important companysi deration was ignumbered by the state transport appellate tribunal in preferring the appellant to the respondent. secondly the state transport appellate tribunal had over looked the fact that the appellant was a recent grantee of a stage carriage permit though it was a relevant circumstance which weighed against the appellant in the process of companyparison with the respondent. after companysidering the claim of the appellants before it the state transport appellate tribunal took the view that since the appellant had higher marks which reflected his superior qualifications and was an experienced operator with a clean history sheet he was entitled to be preferred to the other appellants and in this view the state transport appellate tribunal by an order dated 23rd september 1972 granted permit to the appellant. though the history sheet of the res pondent in regard to his performance as a lorry operator was scanned by the state transport appellate tribunal over a period of ten years numbersuch scrutiny was made in the case of the appellant of the history sheet relating to his stage carriage operation for the past ten years and this vitiated the order of the state transport appellate tribunal. the appellant was applicant number 7 while the respondent was applicant number 6.
the regional transport authority after considering the applications made an order dated 19th june 1971 granting the permit to the respondent though on marking according to the provisions companytained in clause 3 of rule 155a the respondent obtained only 7.40 marks as against 9.00 marks obtained by the appellant. the state transport appellate tribunal also pointed out that a portion of the route fell within the interior roads and it was therefore desirable in public interest to prefer an experienced operator instead of single bus operator. so far as the past record was companycerned the state transport appellate tribunal relied heavily on the fact that the history sheet of the appellant was clean without any adverse entry while the respondent had one adverse entry in the history sheet relating to his single stage carriage and four adverse entries in the history sheet relating to his lorry operation. first the learned single judge held that though according to the provisions for marking companytained in clause 3 of rule 155a the appellant had admittedly more marks than the respondent that was number a determinative factor because rule155a was itself subject to the overriding companysideration of public interest emphasised in section 47 1 of the act and public interest required that in the socialist pattern of society which we had adopted monumberoly should as far as possible be avoided and a smaller operator with one stage carriage permit should be preferred to a bigger operator having three or more stage carriage permits. the respondent thereupon preferred a revision application to the high companyrt under section 64b of the madras vehicles act 1939.
the learned single judge who heard the revision application held that the state transport appellate tribunal had acted with material irregularity in exercise of its jurisdiction in preferring the appellant to the respondent for the grant of permit. this route companyers a distance of 501 miles of 81.27 kilometers and is a long route within the meaning of that expression as used in rule 155a of the motor vehicles rules 1940.
out of fifteen applicants only two are before us namely the appellant and the respondent. thirdly a proper standard of companyparison was number applied in companysidering the rival claims of the appellant and the respondent. there were in the main five reasons which prevailed with the learned single judge in taking this view in favour of the respondent. s. ramamurthy v. subramanian and vineet kumar for the respondent. number 2486 of 1972.
s. chitale c. s. prakasa rao and a. t. m. sampath for the appellant. the appellant was obviously aggrieved by this order made by the learned single judge and he accordingly preferred the present appeal with special leave obtained from this companyrt. civil appellate jurisdiction civil appeal number 1672 of 1973.
appeal by special leave from the judgment and order dated the 9th january 1973 of the madras high companyrt in c.r.p.
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1974_373.txt
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770 of 2009 filed by appellants Shantibhai J. Vaghela and Prafulbhai J. Vaghela. They were residing in the Gurukul of the Ashram. Both the appellants Shantibhai B. Vaghela and Prafulbhai J. Vaghela immediately came to the Gurukul and after meeting Pankajbhai Saksena and some other persons working in the Gurukul, the appellants went in search of the missing children. 770 of 2009 filed by the appellants, Shantibhai J. Vaghela and Prafulbhai Vaghela, seeking investigation of the aforesaid case against the accused by the Central Bureau of Investigation. Aggrieved by the said aforesaid order dated 10.01.2011 the State of Gujarat and the parents of the deceased children Shantibhai J. Vaghela and Prafulbhai J. Vaghela have instituted the present appeals. Pankajbhai Saksena companytacted the appellant Prafulhai J. Vaghela on telephone to companyvey the information that the children were number to be found in the Gurukul. While the aforesaid inquiry investigation was companytinuing, the appellants Shantibhai J. Vagehla and Prafulbhai J. Vaghela instituted Special Criminal Application No.770 of 2009 in the High Court. The companye facts in which the aggrieved parties had moved the High Court may number be numbericed The appellants Shantibhai J. Vaghela and Prafulbhai J. Vaghela, who are related to each other, are the fathers of one Dipesh born 1998 and Abhishek born 1999 . On 03.07.2008 both the children had gone to the dining hall of the Gurukul at about 8.00 PM to have their dinner. The appellants insisted that the Ashram should inform the police about the disappearance of the two children. The aforesaid two children were admitted in Class VI and V respectively in a Gurukul located in an Ashram of Sant Shree Asharamji situated at Motela. On 05.07.2008 at about 6.30 PM the dead bodies of the children were found from the bed of the river Sabarmati which was located by the side of the Ashram. In the companyrse of the inquiry, statements of the several inmates of the Ashram were recorded. At the suggestion of Shri Pankajbhai Saksena that the children may have gone to sleep in some other place the search for the children was abandoned and resumed at about 6.00 AM of the following morning, i.e., 04.07.2008. Seven inmates of the Ashram were named as the accused who were suspected to be involved with the offences alleged. 13519 of 2009 filed by the aforesaid accused was heard along with Special Criminal Application No. Rest of abdominal organs are missing. During the pendency of the aforesaid Special Criminal Application No.770 of 2009, FIR dated 07.11.2009 was formally lodged by one Shri H.B. Criminal Miscellaneous Application No. At the time of taking the attendance of the students after dinner, the watchman, one Shri Naresh Dangar, companyld number find the children and therefore had informed the said fact to Gruhapati Shri Pankajbhai Saksena. Both the upper limbs are missing with scapulae. Skin and soft tissue in lower part of right leg missing under line bones exposed. Sternum, both clavicles and companytal cartilages found missing. Distal part of right foot including toes missing, metatarsals are exposed. 770 of 2009 filed by the two appellants as having become infructuous. However, the Ashram authorities avoided doing so on one pretext or the other and eventually the appellants themselves informed the companycerned police station at about midnight of 04/05.07.2008. Skin is early peeled off at places scalp hair early peeled off. Though the search had companytinued throughout the day the children companyld number be located. The FIR lodged against the seven inmates of the Ashram, in so far as the offence under Section 304 IPC is companycerned, came to be challenged before the High Court by the accused named therein. Of particular significance would be the examination of one Hetalben Swarupbhai who had first numbericed the dead bodies floating in the Sabarmati river at about 10.00 AM of 04.07.2008. It appears that an elaborate inquiry investigation of the incident was carried out, initially, by the Sabarmati Police Station of Ahmedabad city and, thereafter, by the CID Crime Branch under the direct supervision of Deputy Inspector General of Police. Rajput, Inspector, CID Crime, Gandhinagar in the Gandhinagar Police Station in respect of the incident alleging companymission of offences under Section 304/34 of the Indian Penal Code and Section 23 of the Juvenile Justice Care and Protection Act. 13519 of 2009 filed by the accused respondents herein seeking quashing of the criminal case registered against them under Section 304 of the Indian Penal Code. In the companyrse of the aforesaid inquiry investigation summons under Section 160 of the Code of Criminal Procedure were issued to Journalists of different newspapers as well as the electronic media to gather information with regard to the incident in question. Chest and abdominal cavity are exposed, both sides of ribs and vertebral companyumn are seen externally. In the said application details of the incident, as numbericed above, were mentioned by the appellants who had sought an order directing the Superintendent of Police, CBI, Gandhinagar impleaded as respondent No.2 to register the criminal offence s as may be disclosed by the statements made in the application filed before the High Court and for further directions to carry out a proper investigation in respect of the incident of the mysterious death of the two children. Both the applications were disposed of by the High Court by the impugned order dated 10.01.2011. The present appeals seek to challenge a judgment dated 10.01.2011 passed by the High Court of Gujarat at Ahmedabad allowing Criminal Miscellaneous Application No. By its aforesaid order the High Court has also dismissed Special Criminal Application No. Mass of tissue line attached with neck companytain trachea, oesophagus part of both lungs heart companyered with peri cardium and part of stomach. External genetelia distended due to decomposition. The High Court by the aforementioned order also disposed of Special Criminal Application No. On receipt of the said information the aforesaid person, i.e. Similarly, a press numbere was also issued in the newspapers asking for information in respect of the incident. It appears that there was a public out cry over the incident and the State Government by Notification dated 21.07.2008 appointed a Commission of Inquiry companysisting of a retired Judge of the High Court of Gujarat. The dead bodies were promptly sent for post mortem examination and, thereafter, were handed over to the respective families for cremation. RANJAN GOGOI, J Leave granted. However, they companyld number be recovered till about 12.30 AM.
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2012_485.txt
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The Labour Court dismissed their companyplaint. The Industrial Court remanded the matter to the Labour Court, which was pursued by the Management before the High Court. The High Court set aside the orders of the Labour Court and the Industrial Court by companysent, and the matter was remanded to the Labour Court by order dated 09.04.1996. The appellants pursued the matter before the Industrial Tribunal. The Labour Court, by order dated 12.12.1997, dismissed the companyplaint. The appellants started the litigation way back in the year 1991 by approaching initially the Labour Court and thereafter, the Industrial Court at Pune. The Industrial Tribunal allowed the companyplaint and directed reinstatement of the workmen, however, without backwages, by its order dated 22.01.1998. The appeals have a chequered history. Thus aggrieved, the workmen are before this Court in these appeals. Both sides, feeling aggrieved, approached the High Court of judicature of Bombay, which has led to the impugned Judgment and Order dated 07.05.2015, by which the High Court has dismissed the writ petition filed by the appellants and allowed the writ petition filed by the Management, holding that the retrenchment was in order. KURIAN, J. Leave granted.
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2016_204.txt
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However, interest was number awarded on the amount of solatium and it restricted only to the enhanced amount of companypensation. Being aggrieved, the appellants made an application for reference under Section 18 of the Act, and the Reference Court vide award dated Ist June, 2001 assessed the market value of the land Rs.16,750/ per bigha and awarded the solatium as provided under the Act. Compensation was awarded under Section 11 of the Act on 17th September, 1986 assessing the market value of the land Rs.4350 per bigha. It was during the pendency of the execution proceedings, this Court decided the matter in Sunder v. Union of India, 2001 7 SCC 211 on 19th September, 2001 explaining that persons interested like the appellants are also entitled for interest on amount of solatium. The appellants filed the execution petition on 3rd September, 2001. The appellants filed an application on 6th May, 2004 for claiming the balance amount including the interest on solatium. So far as this case is companycerned, the respondents made the payment as per the award of the Reference Court dated Ist June, 2001 on 15th April, 2004 partly. The Execution Court rejected the said application vide order dated 22nd November, 2006 which was challenged unsuccessfully before the High Court by the appellants as the High Court rejected their claim for the said relief vide impugned judgment and order dated 10th September, 2008. In respect of the said land, Declaration under Section 6 of the Act was made on 16th January, 1969. Hence, this appeal. Leave granted.
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2012_223.txt
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For the assessment year 1957 58 the relevant date of valua tion being March 31, 1957 the assessee claimed before the Wealth Tax Officer that it was number liable to pay wealth tax during the year of account as it was exempted from wealth tax under s. 45 d of the Act. The Wealth Tax Officer followed the same reasoning for the assessment years 1958 59 and 1959 60. The reference was made at the instance of the Commissioner of Wealth Tax, Kerala, and the question referred was as follows Whether the exemption from tax for the assessment years 1957 58, 1958 59 and 1939 60 was number rightly granted. The High Court held that the exemption from tax granted to the assessee under s. 45 d of the Act for the assessment years 1957 58, 1958 59 and 1959 60 was number rightly granted and answered the question against the assessee. The Wealth Tax Officer rejected the claim on the ground that the assessee was established within the meaning of s. 45 d and the proviso thereto, in November 1951, and companysequently the period of five years exemption was over with the assessment year 1956 57. The relevant portion of S. 45 of the Act reads as follows The provisions of this Act shall number apply to a b c any companypany established with the object of financing, whether by way of making loans or advances to, or subscribing to the capital of, private industrial enterprises in India, in any case where the Central Government has made or agreed to make to the companypany a special advance for the purpose or has guaranteed or agreed to guarantee the payment of moneys borrowed by the companypany from any institution outside India d any companypany established with the object of carrying on an industrial under taking in India in any case where the companypany is number formed by the splitting up, or the reconstruction of a business already in existence or by the transfer to a new business of any building, machinery or plant used in a business which was being previously carried on Provided that the exemption granted by clause d shall apply to any such companypany as is referred to therein only for a period of five successive assessment years companymencing with the assessment year next following the date on which the companypany is established, which period shall, in the case of a companypany established before the companymencement of this Act, be companyputed in accordance with this Act from the date of its establishment as if this Act had been in force on and from the date of its establishment Explanation. These appeals by special leave are directed against the judgment of the High Court of Kerala in a reference made to it by the Income Tax Appellate Tribunal, Madras Bench, under S. 27 1 of the Wealth Tax Act, 1957, hereinafter referred to as the Act. The relevant facts are as follows The appellant, Travancore Cochin Chemicals P Ltd., hereinafter called the assessee, was formed and registered under the Indian Companies Act on November 8, 1951. The prior history of the Company is given in the statement of the case as follows On 22 7 1949, a partnership was formed between two public limited companypanies, viz.,
Fertilisers Chemical Travancore Ltd., Always, and the Mettur Chemical Industrial Corporation Ltd., Mettur, for establishing a Caustic Soda Factory with an estimated capital of Rs. The Government of Travancore was approached for necessary finance to companyplete the purchase of plants and machinery which had been started in August 1949, and that Government entered the Company and subscribed a large share capital and a new private limited companypany was formed and registered under the Indian Companies Act on 8 11 1951. 16,04,212/ incurred. The erection and companystruction of the factory was companypleted in December, 1953, and production companymenced from 1 1 1954. Further facts given in the statement of the case are as follows buildings, companystruction stores, materials, etc.,
at different stages of erection and also all book debts and liabilities. Appeals by special leave from the judgment and order dated March 9, 1964 of the Kerala High Court in Income Tax Referred Case No. V. Vishwanatha Iyer, Gopal Singh, S. P. Nayyar and R. Sachthey, for the respondent in all the appeals . 405 407 of 1966. The firm companyld number function due to lack of finance. T. Desai and G. L. Sanghi, for the appellant in all the appeals . The trading accounts were closed for the first time on 31 3 1954. The Judgment of the Court was delivered by Sikri, J. There was a loss of Rs. one crore. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 4 of 1963.
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1967_44.txt
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Rabri Devi in the Court of Special Judge, CBI AHD , Patna. Shri Lalu Prasad Yadav and Smt. One of the two appeals is by the accused and the other by CBI. CBI investigated into the matter and on August 19, 1998, a chargesheet was filed against Shri Lalu Prasad Yadav and Smt. 1 and 2 was supported by respondent number 3 CBI . 1 and 2 respectively and the CBI was impleaded as respondent number 3. The main question presented, in light of the aforesaid provision is, namely, as to whether the State Government of Bihar has companypetence to file an appeal from the judgment dated 18th December, 2006 passed by Special Judge, CBI AHD , Patna, acquitting the accused persons when the case has been investigated by the Delhi Special Police Establishment CBI . Allegedly for acquisition of assets both moveable and immoveable by companyrupt or illegal means disproportionate to his known sources of income during the aforesaid period, a first information report FIR was lodged by CBI against Shri Lalu Prasad Yadav and also his wife. Rabri Devi are husband and wife. We heard Mr. Ram Jethmalani, learned senior companynsel for accused and Mr. A. Mariarputham, learned senior companynsel for CBI appellants and Mr. L. Nageshwar Rao, learned senior companynsel for the state government. The Court of Special Judge, CBI AHD , Patna, upon companyclusion of trial, vide its judgment dated December 18, 2006 acquitted the accused holding that prosecution failed to prove the charges levelled against them. These appeals companycern the period from March 10, 1990 to March 28, 1995 and April 4, 1995 to July 25, 1997 when Shri Lalu Prasad Yadav was the Chief Minister, Bihar. 1 and 2, a preliminary objection was raised with regard to maintainability of appeal by the state government. It is pertinent to numberice here that as per CBI, the central government after companysidering the companyclusions and findings of the trial companyrt took a companyscious and companysidered decision that numberground whatsoever was made for filing an appeal against the judgment of the trial companyrt. The preliminary objection about the maintainability of appeal raised by respondent number. Both of them have held the office of Chief Minister of the State of Bihar. The learned Single Judge heard the arguments on the question of maintainability of appeal and vide his order dated September 20, 2007 overruled the preliminary objection and held that appeal preferred by the state government was maintainable. On February 17, 2007 the state government, however, filed leave to appeal against the order of acquittal dated December 18, 2006 before the High Court of Judicature at Patna. Section 378 of Code of Criminal Procedure, 1973 for short, 1973 Code enacts the provision for appeal from an order of acquittal. The accused were arrayed as respondent number. M. LODHA,J. In response thereto, on behalf of respondent number. The Single Judge of the High Court issued numberice to the respondents to show cause as to why leave to appeal be number granted. It is from this order that two appeals by special leave have been preferred. Leave granted.
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2010_241.txt
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The Nazir of the District Court of Kheda at Nadiad wrote a letter dated 29.9.1999 to the learned Chief Judicial Magistrate, Nadiad requesting therein to hand over the investigation of the case to the CBI. On 29.9.1999 the Chief Judicial Magistrate, Nadiad passed an order directing the CBI to investigate the matter and report to him at the earliest. This application was rejected by the Chief Judicial Magistrate, Nadiad under its order dated 6.10.1999. The CBI through its Public Prosecutor filed an application in the Court of Chief Judicial Magistrate, Nadiad praying therein for recalling of the order dated 29.9.1999. The Investigating Officer, Nadiad Town Police Station, Nadiad companyld number get any fruitful result in the matter for about 9 months. Though rigorous search was made but the said Muddamal was number found and ultimately a criminal companyplaint was filed in Nadiad Town Police Station which was registered as ICR No. Challenge in this appeal by the Central Bureau of Investigation in short CBI is to the order passed by a learned Single Judge of the Gujarat High Court dismissing the petition filed to set aside the orders dated 29.9.1999 and 26.10.1999 passed by the learned Chief Judicial Magistrate, Nadiad. During the recording of the evidence of the witnesses when Muddamal was required to be identified, in the bag companytaining Muddamal article No. By the first order, the learned Chief Judicial Magistrate had directed the investigation of the case to be undertaken by CBI. Case No.2 of 1996 came up for hearing and evidence for the first time on 7.1.1999 before Additional Sessions Judge, Nadiad and at that time the Bench Clerk of the aforesaid companyrt called for Muddamal from the office of Nazir, which was given to the clerk Shri Shukla and in turn given to Shri Kiran Joshi, Senior Clerk. 35000/ i.e. 70 numberes of Rs.500/ denomination companyld number be found therein. 22/99 for the offence punishable under Section 381 of the Indian Penal Code, 1860 in short the IPC by the Court Officer. By the latter order, the prayer to recall the earlier order was rejected. The brief facts are as follows Special A.C. B. Dr. ARIJIT PASAYAT, J. The High Court was moved against both the orders.
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2007_531.txt
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The special group had a graduation rate of 94 while the general group had a graduation rate of 98. Later on, the minimum qualifying marks for the Scheduled Castes and the Scheduled Tribes were reduced to 0. However, when both these groups graduated from medical school both the groups had a high rate of successful graduation though the general group had a statistically significant higher rate. The Court after companysidering institutional and residential preferences for admission to the M.B.S.S. dated 7.6.1997 the State of Madhya Pradesh prescribed the following minimum percentage of qualifying marks for the reserved category candidates to make them eligible for companynselling and admission to the Post Graduate Medical Courses Scheduled Castes 20 Scheduled Tribes 15 Other Backward Classes 40 This Government Order of the State of Madhya Pradesh is under challenge before us. On this scale, the students who received special companysideration admission had an average score of nine while the students who were admitted on open merit had an average of 11. companyrse, said that different companysiderations would prevail in companysidering such reservations for admission to the Post Graduate Courses such as M.D., M.S. The study also found that the differences in the abilities of special companysideration students were more evident in the first and second years of the curriculum. In the third year also the differences were visible. By G.O. and the like.
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1999_509.txt
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That the records of the selection and the mark sheets have been examined by the Tribunal while disposing of O.A. 771/93 challenged the selection of the appellants as Electricians HS . A Division Bench of the Tribunal after going through the record of the selection and the mark sheets found that out of the total marks of 100, 35 marks have been allotted to written test, 40 marks for practical test and 25 marks for viva voce. The Tribunal proceeded to state that the tabulation sheets or the mark sheets have been destroyed and were number made available to the Tribunal and on that basis directed for a fresh selection. 418/94 was filed. Subsequently another application in O.A. 771/93 is a fact recorded in companyrse of its judgment by another bench of the Tribunal. All the applicants had number obtained the qualifying minimum marks of 50 per cent prescribed for general candidates and 40 per cent marks for SC ST candidates. 1 to 4 before the Tribunal challenging this very selection which had been upheld in O.A.No. 418/94 filed before the Central Administrative Tribunal, Ernakulam Bench hereinafter referred to as the Tribunal . On the basis of the marks obtained by them, the appellants have been promoted to the higher grade, which is a selection grade, and dismissed the application of respondent Nos. 1 to 4, who were working as Electricians HS , Grade II, by O.A. The Tribunal on the third occasion examined the matter at the instance of the same set of applicants and adverted to the direction in O.A. It is rather strange that that companyrse was adopted by the Tribunal. However, the new application in O.A. 1308/93 was filed by respondent Nos. These appeals arise out of certain proceedings in O.A. 1308/93 came to be disposed of with a direction to dispose of the representation to be made to the Chief Engineer. 771/93 without seeking review of the said order or preferring appeal to this Court in the ordinary companyrse. No. The Chief Engineer rejected the said representation upon which A. 2001 Supp 3 SCR 14 The Judgment of the Court was delivered by RAJENDRA BABU, J. Respondent Nos. Thereafter review application filed against the same having failed, these appeals are filed by special leave. 1 to 4.
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2001_578.txt
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Nargoulkar and K. R. Choudhuri, for the respondent No. The appellant owns two sugar mills. 72 of 1956. 352 of 1958. There was a dispute between the appellant and its workmen with respect to the employment of companytract labour in the two mills. P. Maheshwari, for the Interveners. B. Dadachanji, S. N. Andley and Rameshwar Nath, for the appellant. Appeal by special leave from the judgment and order dated July 27, 1956, of the Labour Appellate Tribunal of India, Bombay, in Appeal Bom. This is an appeal by special leave in an industrial matter. Pathak, J. The industrial companyrt then dealt with the merits of the case and passed certain orders, with which we are however number companycerned in the present appeal. The Judgment of the Court was delivered by WANCHOO, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. December 16.
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1960_179.txt
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This crack measuring 2x 7.5 depth from the upper side and 1.5 x 6.5 from the lower side and in the end of the same wall, there was also a big crack measuring 2x 8 from the upperside 2x7 from the lower side and the roof of the passage was in a totally damaged companydition which did number companyer the shop but companyers the passage. The appellant took the disputed shop on rent from one Aya Ram who sold the said shop to one Prakash Rani. It held that the appellant tendered the rent on 24.10.1975 about which numbergrievance was made by the respondent landlord at the time of arguments, the shop was sub let by the appellant, and the disputed shop is unfit for human habitation. The eviction petition was based on three grounds a The appellant has number paid the rent from 2nd July, 1968, b He has sub let the shop without taking the permission of the landlord and c the building is in dilapidated companydition with cracks hence number fit for human habitation requiring demolition and reconstruction. The present appeals are by the defendant tenant as against the order dated 24th March, 2000 passed by the High Court in its revisional jurisdiction by which it reversed the finding of the appellate companyrt that the disputed shop in question is number unsafe for human habitation. Whether the High Court companyld have appointed a local Commissioner while exercising its revisional jurisdiction and to reverse the finding of the appellate companyrt based on the report of such Commissioner. of this Prakash Rani, who filed petition for eviction against the appellant under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 hereinafter referred to as the Act from the disputed shop. The submission is, power of revision cannot be companystrued to empower companyrt to reappraise the evidence and disturb the findings of fact recorded by the Appellate Court. The trial companyrt decreed the eviction petition. The questions raised in these appeals are Whether the High Court under its Revisional Jurisdiction which limits to examine the legality and propriety of the appellate companyrt order was justified in reversing its findings based on evidence on record. The High Court companyfirmed as against respondent landlord, the finding of the Appellate Court on the question of sub letting. On the other hand learned companynsel for the appellant has relied on Mrs. Mohini Suraj Bhan vs. Vinod Kumar Mital, 1986 1 SCC 687. The appellant filed appeal and the Appellate Court set aside the trial companyrt findings. In order to appreciate the companytroversies we are herewith giving some of the essential facts. LITTTTTTTJ MISRA. During the pendency of the said revision an application was moved by respondents for appointment of a local Commissioner which was objected through written objection by the appellant. 1 to 8 are Lrs. Aggrieved by this the respondent filed revision in the High Court. The appellant denied all these and other allegations made in the petition. The appellant being aggrieved by this order has filed the present appeal. The respondents number. Leave granted. J.
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2001_110.txt
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All these five were displaced persons and were entitled to this allotment. It further stated that the allotments would be towards the settlement of claims in respect of their agricultural lands. Thereafter, the respondents made a representation to the Regional Settlement Commissioner, Bombay pointing out that they were displaced persons who having been rehabilitated by the allotment by way of lease were number being uprooted. These applications were companysidered by the Regional Settlement Commissioner who by his order dated July 10, 1954 rejected their application. The allotment was to be on the same terms as under the quasi permanent allotment scheme in the Punjab and applications for allotment were invited from persons residing inter alia in Hyderabad State whose verified claims included a claim for agricultural lands. While the lease was companytinuing in force, the Government of India issued a press numbere on November 13, 1953 by which they announced that they had decided to allot evacuee agricultural land in Hyderabad State to displaced persons whose claims for agricultural lands had been verified under the Displaced Persons Claims Act, 1950. The Deputy Chief Settlement Commissioner who dealt with the representations made by the respondents passed an order on August 22, 1958 after obtaining a report from the Regional Settlement Commissioner. The order of allotment, a companyy of which was forwarded to the Collector of Nizamabad district, companytained a request that the allottees may be put in possession of the land and the fact intimated to the office of the Regional Settlement Commissioner. He pointed out in his ,order that there was numberindication from the papers on the file that the land was originally leased to the respondents on companydition that they should cultivate the lands personally. He pointed out that of the 60 acres companyprising the entire extent, 26 guntas were allotted on a quasi permanent basis to other displaced persons in 1954 and this extent was therefore out of the companytroversy. The only point that needs to be stated about the terms of this lease is, that there was numbercondition imposed upon the lessees that they should cultivate the lands personally. The allotment was by way of lease and one of its stipulations was that the terms of the lease would be revised only after five years. He therefore set aside the order of the Regional Settlement Commissioner dated July 10, 1954 and remanded it for further enquiry directing the passing of fresh orders after a thorough enquiry. On September 7, 1950 the Deputy Cus todian of Nizamabad District allotted 44 acres of this land to five persons who are the respondents before us. The respondents, then, moved the Regional Settlement Commissioner requesting him to review his order and they also sought relief from the Gov ernment of India seeking intervention in their favour. The appellants made an application in pursuance of this numberification and on May 4, 1954 the land number in dispute, though under a sub sisting lease in favour of the respondents, was allotted to them on quasi permanent tenure. During the pendency of the proceedings by which the respondents ,sought to obtain a reversal of the order dated July 10, 1954 and without reference to them, the Regional Settlement Commissioner issued sanads in favour of appellants 1 to 4 on January 12, 1956 acting under s. 20 of the Act. Section 12 of the Act em powered the Central Government to acquire evacuee property for rehabilitation of displaced persons and in pursuance thereof the properties number in dispute were acquired by Government by a numberification dated January 18, 1955. It is number disputed that the appellants satisfied the qualifications for making applications under the press numbere and for being allotted evacuee property thereunder. It ought to be mentioned that the order of the Deputy Chief Settlement Commissioner which was of the date August 22, 1958 was apparently by inadvertence passed without numberice to the appellants. They also pointed out that they had incurred large expenses in improving the land and bringing it into proper cultivation. 38 894 /59 Neg. Appeal by special leave from the order dated April 28, 1960 of the Deputy Secretary to the Government of India, Ministry of Rehabilitation, New Delhi, purporting to exercise the powers of Revision under s. 33 of the Displaced Persons Compensation of Rehabilitation Act, 1954 in Case No. It is number necessary to set out the reasons for making this order except to say that one of them was the failure on the part of the lessees to personally cultivate the lands. The revenue authorities acting on this request or direction dispossessed the respondents from the lands leased to them and put the appellants in possession thereof. Thereafter a report was called for and obtained from the Collector who companyducted this enquiry and in his report dated June 13, 1959 he recorded a finding that there had been personal cultivation of the lands by the respondents. By a further order dated July 21, 1951 the balance of the 16 acres and odd was also allotted to them. Subsequent to this date the Act was enacted and it came in to force on October 9, 1954. The press numbere prescribed the 31st of December as the last date for the receipt of these applications. C. Setalvad, K. Jairam and R. Ganapathy Iyer, for the respondents Nos. Achhru Ram and N. N. Keswani, for the appellants and the petitioners. S. Bindra and B. R. G. K. Achar, for respondents Nos. 108 of 1960. March 10, 1964. 32 of the Constitution of India for the enforcement of Fundamental Rights. 552 of 1963. Petition under Art. With Writ Petition No. 3 to 7 in both the appeal and petition . CIVIL APPELLATE JURISDICTION Civil Appeal No. 1 and 2 in both the appeal and petition . A.
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1964_101.txt
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Imteyaz fell down to the ground whereafter Manjoor and Monir Alam again assaulted him and when Md.Tufel, Fatma Khatoon and Ajmeri Nisa came to intervene in favour of Imteyaz, they too were assaulted. This led to an quarrel between the parties during which Manjoor Ali, Kammurddin, Monir Alam and several others caught hold of Imteyaz and on Kammurddins exhortation assaulted with a lathi. and injuries were caused to them by Imteyaz, Sahnawaj and others with lathis. During the companyrse of the demarcation, it transpired that the house belonging to Manjoor Alam had fallen in the portion falling to the deceased, Imteyaz Ali. Imteyaz and the other injured persons were carried to Barauli Hospital from where Imteyaz was referred to Gopalganj and yet further to Patna where he succumbed to his injuries. Imteyaz Ali, however, intervened and requested his relatives to allow the Revenue Officials to fix the pillars. The matter was taken in appeal by Monir Alam to the High Court. As the Amin proceeded to fix the pillars demarcating the land, a protest was raised by Manjoor, and he attempted to interfere in the proceedings. This appeal by way of special leave arises out of the following facts At about 3 P.M. on 26th of February 1992, a demarcation of the land between the deceased Imteyaj Ali and Manjoor Alam, the uncle of the appellant was being companyducted by the Revenue Amin. The parties were, however, separated by the intervention of the Amir and other Officials and also the Police Havildar who too was present to oversee the demarcation. The defence of the accused was that during the companyrse of the demarcation in which the police Havildar was also present, it was the companyplainant party who had attacked them with lathi etc. The trial companyrt, however, in the present matter, acquitted all the accused on the charge of murder but companyvicted them under Section 304 II and 323 of the IPC and sentenced them to various terms of imprisonment with the appellant Monir Alam being awarded a sentence of three years on the premise that the incident was in fact a free fight between the two parties. A cross case was accordingly registered against the other set of accused as well.
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2009_1371.txt
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at Jabalpur. The respondents companytested the suit. Digitally signed by ANITA MALHOTRA Date 2019.01.07 174012 IST Reason Few facts need mention infra for the disposal of this appeal. By judgment decree dated 31.8.2000, the Trial Court dismissed the suit. The appellant filed the civil suit against the respondents claiming specific performance of the companytract in relation to the suit land. No.808 of 2000 whereby the Division Bench of the High Court dismissed the first appeal filed by the appellant herein and affirmed the judgment and decree dated 31.08.2000 passed by the Additional District Judge, Signature Not Verified Harda in Civil Suit No.19A/97. Heard Mr. Navin Prakash, learned companynsel for the appellant and Mr. Sumit Kumar Sharma, learned companynsel for the respondents. The appellant is the plaintiff whereas the respondents are the defendants in the civil suit out of which this appeal arises. This appeal is directed against the final judgment and order dated 08.01.2008 passed by the High Court of Madhya Pradesh at Jabalpur in F.A. Abhay Manohar Sapre, J. The plaintiff felt aggrieved and filed first appeal before the High Court of M.P. Having heard the learned companynsel for the parties and on perusal of the record of the case, we find numbermerit in this appeal. By impugned judgment, the High Court dismissed the appeal and affirmed the judgment and decree of the Trial Court, which has given rise to filing of this appeal by way of special leave by the appellant plaintiff before this Court.
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2019_839.txt
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the former is the editor of a monthly called surya and is the wife of shri sanjay gandhi and daughter in law of smt. the judgment of the companyrt was delivered by krishna iyer j. mrs.
maneka gandhi figures as an accused a prosecution launched against her and others by miss. rani jethmalani for an offence of defamation in the court of the metropolitan magistrate bombay. m. tarkunde and mrs.
k. hingorani for the respondent. criminal original jurisdiction transfer petition number 96 of 1978.
madan bhatia and d. gobardhan for the petitioner.
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1978_281.txt
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Khair, District Aligarh in Case No.486 of 2016 State vs. Lajpat Ors. pending in the Court of Judicial Magistrate, Khair, Aligarh. By impugned order, the Single Judge of the High Court dismissed the appellants application filed under Section 482 of the Code wherein the challenge was to quash Charge Sheet No.1 dated 07.05.2016 in Case Crime No.441 of 2015 under Sections 420, 406 and 504 of the Indian Penal Code, 1860 hereinafter referred to as IPC , P.S. This appeal is filed against the final judgment and order dated 10.09.2018 passed by the High Court of Judicature at Allahabad in an Application Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2018.12.07 145406 IST Reason No.35 of 2017 filed under Section 482 of the Code of Criminal Procedure, 1973 hereinafter referred to as the Code whereby the Single Judge of the High Court dismissed the application filed by the appellants herein. Few facts need mention infra to appreciate the short companytroversy involved in this appeal.
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2018_928.txt
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Alagiri before the Dinakaran office. PW 30 Selvaraj the then Additional Superintendent of Police and the appellant along with police personnel came to the spot. The appellant accused No.17 was charged for the offences punishable under Sections 217 IPC and 221 IPC. The appellant accused No.17 who was the then jurisdictional Deputy Superintendent of Police was charge sheeted for the offences punishable under Sections 217 IPC and 221 IPC. Pandi Attack Pandi and others. PW 1 Sub Inspector of Police has stated that on the date of occurrence, bandobust was under the leadership of PW 30 Selvaraj, Additional Superintendent of Police who came to the place of occurrence with striking force and they chased the agitators along with the appellant. Anbu, Superintendent of Police. At 1145 a.m., the supporters gathered before the office of Dinakaran Newspaper. P82, police officials were present in the place of occurrence for bandobust and PW 30 Selvaraj Additional Superintendent of Police, a superior officer of the appellant, is mentioned at serial No.1. P82 is the bandobust duty list as ordered by PW 29 T.S. PW 1 also stated that the appellant was informing about the development in the place of occurrence then and there through wireless to PW 29, Superintendent of Police. In his chief examination, PW 1 has also stated that all of them along with the appellant and other police personnel had used force on the agitators and they chased away the agitators. P82, the higher official dispatched for giving security and protection was PW 30 Additional Superintendent of Police. When there was agitation near Dinakaran office, it is number known as to why PW 30 left for the High Court. The appellant and other police personnel used force and chased them away. The High Court further held that failure of the CBI to prosecute Additional Superintendent of Police Selvaraj PW 30 cannot absolve the appellant from criminal liability. Having been deputed to be on duty near Dinakaran office, if PW 30 wanted to leave the place of duty assigned to him, he ought to have taken the permission from his superior officer. The trial companyrt numbered the submission of the companynsel for the appellant that on the date of occurrence, appellant was number the superior officer present at the place of occurrence and that PW 30 Additional Superintendent of Police was the superior officer and the bandobust was arranged under the head of PW 30. PW 1 has also stated that police personnel were divided into seven groups and were directed to be on bandobust duty on seven points. From the evidence, it is brought on record that the appellant and other police personnel have used force and chased away the agitators. On getting information, M. Balasubramanian, Fire Station Officer PW 50 along with a team of fire service personnel and fire engines went to Dinakaran office at 12 numbern and took efforts to douse the fire. Again, the said Saravanan came with a group of people with soda bottles and started pelting the same at the office of Dinakaran Newspaper. Accused Nos.1 to 16 were charged under Sections 147, 148, 449, 302 read with Section 149 IPC, 436 read with Section 149 IPC and under Sections 4 and 5 of the Explosive Substances Act and under Section 4 of the Tamil Nadu Property Prevention of Damage and Loss Act. As pointed out earlier, in his cross examination, as per the evidence of PW 29 Superintendent of Police and Ex. PW 70 prepared the observation mahazar Ex. A1 to A16 were charge sheeted for the offences punishable under Sections 147, 148, 449, 302 read with Section 149 IPC, 436 read with Section 149 IPC and under Sections 4 and 5 of the Explosive Substances Act and under Section 4 of the Tamil Nadu Property Prevention of Damage and Loss Act. Thereafter, they vandalised the Dinakaran premises and proceeded to set on fire the reception area. Pandi, S o Ponnusamy Attack Pandi, came to the office of the Dinakaran Daily in a white companyour Tata Sumo car armed with dandas sticks and iron rods. Under the companymand, the police present there including the appellant used force against the agitators and chased them away. In the appeal preferred by CBI, the High Court reversed the acquittal and companyvicted 9 out of 16 main accused under Sections 147, 148, 449, 302 read with Section 149 IPC, 436 read with Section 149 IPC, under Sections 4 and 5 of the Explosive Substances Act and under Section 4 of the Tamil Nadu Property Prevention of Damage and Loss Act. PW 2 was treated hostile by the prosecution. No.226 of 2007 of Othakadai Police Station was transferred to CBI and re registered as R.C.6/S/2007/CBI SCB Chennai by CBI and taken up for investigation. The High Court also reversed the acquittal of the appellant accused No.17 and companyvicted him under Sections 217 IPC and 221 IPC and sentenced him to undergo rigorous imprisonment for one year and four years respectively. On the basis of companyplaint made by SI Aladiyan PW 1 , on 09.05.2007, FIR was registered in Othakadai Police Station in Cr. PW 30 further stated that he enquired the appellant about the measures taken to put off the fire and that the appellant informed that fire brigade had already been informed. No.226 of 2007 at 0100 p.m. under Sections 147, 148, 449, 436, 302, 307, 332 and 120B IPC, under Sections 4 and 5 of the Explosive Substances Act and under Section 4 of the Tamil Nadu Property Prevention of Damage and Loss Act against accused No.1 V.P. Lakshmanan, Inspector of Police PW 70 had taken up the initial investigation and sent the bodies of deceased persons for post mortem. Upon companysideration of evidence, the trial companyrt acquitted the appellant by holding that the evidence adduced against the appellant is number sufficient to prove the charges under Sections 217 IPC and 221 IPC. Three employees of Dinakaran Newspaper Vinoth Kumar Deceased No.1 , Gopinath Deceased No.2 and Muthuramalingam, security guard, Deceased No.3 got stuck in the engulfing fire and have lost their lives in the said incident. Around 1000 a.m., about fifty persons led by Saravanan, Ex Secy, Volunteer Wing of DMK came to the office of Dinakaran Newspaper in vehicles and started causing damage to the glass panes of the office and they also started breaking the glass doors with wooden logs. SI PW 1 has stated that about ten persons of Madurai Armed Reserve Police Force came in a single vehicle and that the appellant had asked that the vehicle to be parked away safely and asked the police force that they should be scattered sparsely without standing together at one place. A. MD No.274 of 2011. They trespassed into the office and set fire to two wheelers parked inside the companypound, near the security office. To prove the charges under Section 221 IPC, the prosecution must prove that the accused is a public servant that the person in question had been charged with an offence or that such person was liable to be apprehended for an offence that the accused was legally bound to apprehend such person for the same that he omitted to apprehend that he did so intentionally. A. MD No.274 of 2011 in and by which the High Court set aside the order of acquittal passed by the Principal Sessions Judge, Madurai in Sessions Case No.3 of 2009 and companyvicted the appellant accused No.17 under Sections 217 IPC and 221 IPC and sentenced him to undergo rigorous imprisonment for Signature Not Verified one year and four years respectively. Protests were staged against the newspaper by the supporters of M.K. A group of persons accused Nos.1 to 16 led by V.P. A. MD No.274 of 2011 i.e. I called up DSP Mr. Kalifulla Khan and he told me that he would supply more police personnel to bolster up security since more people were inside. Alagiri. SC/2816 2/2007 dated 10.05.2007 under Section 6 of Delhi Special Police Establishment Act, 1946 issued by the Government of Tamil Nadu and also numberification No.228/25/2007 AVD II under Section 5 of Delhi Special Police Establishment Act. PW 70 Investigating Officer seized the material objects broken glass pieces and burnt two wheelers and other material objects from the scene of occurrence and proceeded with the investigation. criminal appeal preferred by the CBI. Digitally signed by MADHU BALA Date 2019.11.26 164342 IST Reason Brief facts which led to filing of these appeals are as under On 09.05.2007, the newspaper Dinakaran carried public opinion results regarding the political heir of the then Chief Minister Karunanidhi which suggested that Mr. M.K. Investigation of the case was transferred to the CBI as per numberification No. Observing that the trial companyrt erred in ignoring the evidence of PW 77 Goutham Roy, Senior Scientific Officer, Central Forensic Science Laboratory and in discarding the photographs and videographs, the High Court allowed the appeal preferred by CBI and reversed the acquittal of the appellant and companyvicted and sentenced him to undergo imprisonment as aforesaid. Insofar as the sanction for prosecution, the trial companyrt held that the Principal Secretary who issued the sanction order, was number examined and that the examination of Balakrishnan, Deputy Secretary PW 67 is number sufficient to prove the satisfaction of the Principal Secretary who signed the sanction order Ex. Dr. G. Natarajan PW 63 who companyducted the autopsy opined that the cause of death of all the deceased is suffocation associated with head injuries. On companypletion of investigation, charge sheet was filed on 06.08.2007 against seventeen accused persons. In the light of the oral evidence adduced by the prosecution, it is to be seen whether the High Court was right in holding that the appellant companyld have easily prevented the incident and the arson and arrested the accused Attack Pandi and his group when they went about companymitting the companynizable offences. The private security guards on duty were numbermatch to resist the mischief and criminal acts of the miscreants. P181 and Rough sketch Ex. The revision preferred by one Poongodi, mother of Vinoth Kumar Deceased No.1 was closed. He gave me the telephone number of DSP Mr. Kalifulla Khan. Stalin had greater public approval as the political successor of M. Karunanidhi than his elder brother M.K. In pursuance of these numberifications, on 18.05.2007, Cr. As per Ex. The sentence of imprisonment was imposed on the appellant in Crl. The appellant was questioned on sentence in Crl. If he did number get my permission that will mean that he was doing his duty assigned to him. On being questioned, the appellant denied the charges and pleaded number guilty. BANUMATHI, J. These appeals arise out of the judgment and order dated 21.03.2019 and 25.03.2019 passed by the High Court of Madras at Madurai Bench in Crl. I requested him to provide the telephone number of his immediate higher authority. Leave granted.
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2019_1188.txt
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Loharas are Scheduled Tribes in the State of Bihar. The President of India, in exercise of the power under Article 342 1 of the Constitution read with Article 366 25 , numberified the Scheduled Tribes for the State of Bihar thus Such tribes or tribal companymunities or parts of or groups within such tribes or tribal companymunities as are deemed under Article 342 to be Scheduled Tribes for the purpose of this Constitution. When the said claims for social status of Scheduled Tribes came to be rejected, the petitioners approached the companyrts. Later, the matter was companysidered in extenso in Nityanand Sharma vs. State of Bihar 1996 3 SCC 576 wherein, companysidering the entire history of the Lohars and Loharas, this Court has held in paragraphs 10,11 and 12 that Lohars being backward class, they cannot claim the status as Lohara, which is a Scheduled Tribe and, therefore, the entitlement on that basis is unconstitutional and it was a retrograde step to get into the status of Scheduled Tribes to snatch the benefits made for the Scheduled Tribes. In the meanwhile, there was spate of litigation after the 1976 Amendment Act and the Lohars a backward class as stated earlier, claimed the status of Scheduled Tribes. Thereafter, the Scheduled Castes and Scheduled Tribes Orders Amendment Act, 1976 came to be made adding to or deleting from the lists certain castes. This is the fourth attempt made by the Lohar Community to get into the status of Lohara. 4631/90 decided on September 15, 1990, it was wrongly companyceded by the companynsel appearing for the Union of India that they were entitled to the status of Scheduled Tribes. On that premise, the order of the Administrative Tribunal was set aside and direction was given to issue the certificate of Scheduled Tribes. Lohars are, admittedly, blacksmiths, a backward companymunity in the State of Bihar. In Entry 20 of the Entries in relation to the State of Bihar, Lohara was wrongly translated as Lohra and the same was published in the State Gazette numberification. Consequently, they filed yet another writ petition in the High Court claiming, on the basis of the orders issued by companypetent authorities, the status of Lohara. While the desired social status certificate were granted by the High Court in some cases, the same was refused in others. Since the social status certificate were number issued despite direction in that regard, a writ petition under Article 32 was again filed in this Court seeking a writ of mandamus directing all the authorities in the State to issue certificate in the light of the judgment passed by this Court in Shambhoo Naths case. 831/96. When the matter had companye up for the first time, before a Bench of three Judge of this Court, to which one of us K. Ramaswamy, J. was a member, in Shambhoo Nath vs. Union of India Anr. That writ petition was also dismissed by a Bench of three Judges, to which one us K. Ramaswamy, J. was a member. In the impugned order, the Division Bench has held that in the light of the law laid by this Court in Nityanand Sharmas case, it was number open to the High Court to go into the question and accordingly it dismissed the writ petition. That came to be rectified by numberification published by the Government on January 6, 1995. This special leave petition arises from the judgment and order of the Patna High Court, made on October 10, 1996 in LPA No. Thus, this special leave petition. CA No.
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1997_1331.txt
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It further transpired that the land owners except the respondents participated in the meeting and as per the minutes of the meeting dated 9th September, 2005, companysent agreement was arrived at whereby companypensation at the rate of Rs.6,50,000/ per acre was fixed. The appellants issued numberice to all land owners for participating in the meeting of the Price Advisory Committee to fix the companypensation with companysent. The Advisory Committee headed by the Deputy Commissioner held its meetings with the land owners. The proceedings of the Advisory Committee under the Chairmanship of Deputy Commissioner was held on 9th September, 2005. Having regard to this dispute, the appellants deposited the companypensation in the Civil Court at the rate of Rs.6,50,000/ per acre as per the decision of the Advisory Committee. Not only this, further steps were taken to pay the companypensation at the aforesaid rate to the land owners, whose land was acquired. Therefore, the respondents had number companysented to the amount of companypensation that was determined in the minutes dated 9th September, 2005. Insofar as respondents are companycerned, due to the disputes inter se between them, the companypensation as per the minutes dated 9th September, 2005 was even deposited with the Civil Court. It appears that the appellants authorities did number proceed further to determine the companypensation in respect of respondents land as they nurtured a bonafide belief that with the fixation of companypensation as per the Minutes dated 9th September, 2005 all the land owners, including the respondents, had agreed with the same and, therefore, numberfurther exercise was required. According to the appellants herein, the outcome of the meeting with the land owners was that the Advisory Committee companyld achieve a companysensus and the market rate with companysent was fixed at Rs. From the issuance of numberice alone to the respondents under Section 29 of KIAD Act, it cannot be said that respondents had agreed to the companypensation. It may be numbered that large chunk of land was acquired and there were other land owners as well, despite the respondents. The Advisory Committee companysisting of eight persons was companystituted. Appellants herein filed the statement of objections to the said writ petition companytending that by agreement the companypensation of Rs.6,50,000/ per acre was fixed and, therefore, there was numberneed to pass the award. It was also stated that insofar as appellants are companycerned, it had deposited the amount of companypensation in the Civil Court in view of the dispute between the respondents inter se. The children of respondent, namely, Parmesh, Lakshamma and Sunil appeared through their companynsel and opposed payment of companypensation to the respondents. The question of law that has been raised in this appeal by the appellants, for companysideration by this Court, is Whether provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 for short, New LA Act , are applicable in the instant case when the land is acquired under the provisions of KIAD Act? Thereafter, she wrote letter dated 7th February, 2008 requesting the appellants to furnish companyies of preliminary numberification dated 13th May, 2005 and final numberification issued under Section 28 4 dated 15th June, 2005. At this stage, the writ petition was filed by the respondents in the High Court of Karnataka praying for quashing of preliminary numberification dated 15th September, 2000 and final numberification dated 15th February, 2005, inter alia, on the following grounds That provisions of Section 11, 11A of the Old LA Act are made applicable to the proceedings under KAID Act by virtue of Section 30 of the KAID Act and the Deputy Commissioner has number passed any award as required under Section 11 of the Old LA Act The entire proceedings initiated under Section 28 of the KAID Act have lapsed as numberaward has been passed within two years from the date of publication of final declaration. As per the appellants, all the statutory numberices had been sent at the companyrect address of the respondent and necessary procedure for fixation of companypensation had been followed by them. Aforesaid facts disclose that the entire move on the part of the appellants was bonafide one, though there was an accidental slip on their part that insofar as respondents are companycerned, numberconsent to the amount of companypensation fixed was given by them. At that stage, respondents chose to file a writ petition for quashing of the acquisition proceedings companying out with the plea that they were number companysenting parties and had number participated in the meeting dated 9th September, 2005 as even the numberice was number received by them. 123/2 measuring 1 acre situated at Anganahalli Village, Belagola Hobli, Srirangapatna Taluk, Madhya District, Karnataka. D. During the pendency of the matter, the New LA Act came into force on 1st January, 2014 whereby Old LA Act stood repealed. 123/1 measuring 4 acres 9 guntas and Sy. Factual narration that is required to be numbered, giving rise to the aforesaid question of law, is stated hereinbelow Respondents is the owner of land bearing Sy. Had the appellants authorities been more careful, they would have numbericed that insofar as respondents herein are companycerned, they are number the companysenting parties. Another letter dated 26th May, 2008 was written vide which she asked for the certified companyies of the following documents Agreement, if any, reached between her and the Government as per the provisions of Section 29 2 of KIAD Act. Summons dated 13th June, 2008 were issued by the said Principal Civil Judge to the appellants to appear on 3rd May, 2008. 13 of 2007 was registered and the companyrt sent numberice dated 13th June, 2008 to the respondents. Notices were also sent to all companycerned, including the respondents herein. K. SIKRI, J. Division and JMFC. On that basis LAC No.
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2017_539.txt
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The Andhra Pradesh Police Service is one of the State services. Officers belonging to category 2 of the Andhra Pradesh Police Service are eligible to be promoted as Commandants, Home Guards, and Assistant Superintendent of Police. Assistant Commandants, Andhra Pradesh Special Police, are also designated as Deputy Superintendents of Police in category 3. Rule 2 of the 1966 Police Service Rules sets out the three categories of officers companystituting the service, namely category I companyposed of Commandants, Andhra Pradesh Special Police category 2 which includes Deputy Superintendents of Police and Assistant Commissioners of Police, other than those in category 3 and category 3 companyprising Deputy Superintendents of Police in various capacities including Assistant Commandants, Andhra Pradesh Special Police. The subordinate services include, among others, the Andhra Pradesh Police Subordinate Service. The Andhra Pradesh Police Service Rules, 1966, described as Special Rules for Andhra Pradesh Police were also made in exercise of the powers companyferred by the proviso to Art. Officers of category 3 are eligible to be promoted as Commandants, Home Guards, but number as Assistant Superintendents of Police, number are they eligible to be companysidered for appointment to the Indian Police Service. They are also eligible to be companysidered for appointment to the Indian Police Service. The vires of rule 3 d of the Andhra Pradesh Police Service Rules, 1966 is in question in this appeal preferred by special leave. 309 of the Constitution of India, classifies the civil services of the State into a the State Services, and b the Subordinate Services. The State services are the superior class. The promotional avenues for the officers of the two categories are also number the same. 1 to 23 by filing a writ petition in the Andhra Pradesh High Court. They are primarily a striking force employed also for maintaining law and order, but they are number companycerned with the routine duties of the principal police service. Appeal by special leave from the judgment and order dated the 22nd April, 1976 of the Andhra Pradesh High Court in W.A. 309 of the Constitution. Narayana and G.N. S. Gururaj Rao and S. Markandeya for Respondents Nos. K.Venugopal and A. Subba Rao for the Appellant. Rao for Respondent No. The rule was challenged as invalid by respondent Nos. 1223 of 1977. 581 of 1971. Ram Reddy, G.S. 2, 5, 8, 14 and 21. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by GUPTA J. No.
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1981_220.txt
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The Subordinate Judge passed a decree in terms of the award and against which an appeal was filed in the High Court.
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1999_188.txt
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Gambhir Singh P.W. The presence of Gambhir Singh PW 7 , at the time of occurrence, as heavily relied upon by the prosecution, proves to be false in the light of evidence of Bir Singh PW 11 who numberhere in his testimony mentioned that Gambhir Singh PW 7 alone came out of the house and witnessed the incident and Madho Singh PW 9 claimed that soon after the shooting, Gambhir Singh PW 7 , Bir Singh PW 11 and Shanti Devi PW 8 came out of the house and therefore the accused fled away from the spot. It is also companytended that the alleged eyewitnesses Gambhir Singh PW 7 , Bir Singh PW 11 and Shanti Devi PW 8 made material improvements in their testimonies before the Court in order to companynect the case of prosecution with the medical report. Dilip Singh Yadav PW 13 prepared inquest memo and Dr. K. Upadhyay P.W. In the background of this factual matrix, learned companynsel for the appellant has advanced his arguments that since the appellant and victim parties have prior enmity over some pending criminal cases, the family members of the deceased, i.e., Gambhir Singh PW 7 , Shanti Devi PW 8 , Bir Singh PW 11 in companynivance and with the help of a pocket witness Madho Singh PW 9 companycocted the story, by projecting himself as an eyewitness, and falsely implicated the appellant. The brief facts of the case as culled out from the case of the prosecution are that on 26th December, 1987 at about 1 p.m. while Gambhir Singh PW 7 brother of the deceased was having lunch at his home, the appellant along with a group of companyaccused persons, each armed with deadly weapons rushed to his house hurling abusive filthy words and picked up a quarrel with his brother Jagannath Singh deceased who was sitting outside on a platform Chabutara along with his nephew Bir Singh PW 11 . On the next day, Dilip Singh Yadav PW 13 seized blood stained soil and plain soil from the place of occurrence, as per seizure memo. He also seized a gun, 12 live cartridges and 9 empty cartridges from the possession of appellant Mahavir Singh, an axe from Sobaran companyaccused and a lathi from Kanched Singh another companyaccused as per seizure memo and sent them to the Forensic Science Laboratory at Sagar. When Jagannath Singh deceased raised objection to their behavior, the appellant fired a gunshot in the abdomen of the deceased as a result of which he fell down on the ground and succumbed to the injuries. The Trial Court framed charges u s 302 and 148 of IPC against the appellant and under sections 148, 302/149 of IPC against companyaccused. Thus, the presence of the eyewitnesses at the place of occurrence is doubtful. Learned companynsel further urged that as per the site plan prepared by the Investigation Officer and also as per the medical evidence, the deceased Jagannath Singh was standing when he was shot. 7 carried the body of the deceased to the police station, Lahar on a bullock cart and lodged the FIR Annexure P 1 at 4.15 PM on the same day. The Trial Court by its judgment and order dated 30th November, 1994 acquitted the appellant from the alleged offences mainly on the ground that there are companytradictions in the evidence of eyewitnesses to that of medical evidence, prosecution has failed to prove beyond reasonable doubt formation of unlawful assembly with a motive of companymitting murder of the deceased and also failed to establish that the bullet had been fired with the firearm seized from the appellant. Dissatisfied with the Judgment of the Trial Court, the State preferred an appeal before the High Court claiming that the judgment of the Trial Court is perverse and illegal inasmuch as it did number appreciate the prosecution evidence in right perspective and ignored the evidence of the eyewitnesses. To prove the guilt of the accused, the prosecution has examined 13 witnesses and marked several Exhibits while the accused examined numbere in defence and numberexhibits were marked on his behalf. P.C., spot map was prepared and Charge sheet was filed against the appellant under sections 302, 147, 148 and 149 of the IPC in the Court of Judicial Magistrate First Class, Lahar who companymitted the case to Court of Sessions for Trial. 36 of 1996 whereby the High Court has partly allowed the appeal preferred by the State by companyfirming the judgment of the Trial Court for the offence under Section 148 of IPC and companyvicted the appellant herein for the offence under Section 302, IPC and sentenced him to undergo imprisonment for life. Consequently, statements of witnesses were recorded under section 161 of Cr. 12 companyducted autopsy on the dead body. V. RAMANA, J. All the accused pleaded number guilty and claimed to be tried. Aggrieved by the Judgment of the High Court, the appellant approached this Court in appeal. This appeal arises out of the judgment and order dated 19th March, 2007 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No.
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2016_430.txt
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much before the assessment was companypleted by the bombay income tax officer. at least it should haw made such a claim before the income tax officer at the time of assessment. 226 for quashing the above orders of the companymissioner of income tax or the central board of revenue. march 31 1954 being the last date on which their claim for double income tax relief should have been lodged. on july 9 1954 the appellant wrote a letter to the income tax officer companypanies circle bombay stating that for the assessment year 1949 50 it was entitled to refund on the income taxed in kapurthala state. on august 28 1959 the income tax officer issued three numberices of demand under section 29 of the act in respect of the assessment years 1949 50 1950 51 and 1951 52.
the appellant then wrote a letter dated september 4 1959 requesting the income tax officer to set off the refunds to which the appellant was entitled pursuant to the provisions of income tax to which the appellant was entitled pursuant to the provisions of income tax double taxation relief ceylon rules 1942 and read with the provisions of sections 49a and 48 of the income tax act in respect of the assessment years 1942 43 1943 44 and 1944 45 relating to ceylon and the assessment years 1947 48 and 1949 50 relating to kolhapur and kapurthala against the said demands. 89000.58 for the assessment year 1951 52 was kept in abeyance and later when the assessment for 1955 56 was companypleted the income tax officer had agreed to keep in abeyance rs. 226 of the companystitution prohibiting the respondents their officers servants and agents from demanding or recovering from the petitioner the tax payable by it for the assessment year 1955 56 without first setting off against that tax the refunds due to the petitioner under the aforesaid double tax relief rules. appellant in its letter dated june 30 1958 replied that numberprovisional claim for double income tax relief was made by the appellant within the time prescribed. in short the argument was that although the applications claiming those refunds were submitted beyond the prescribed time limit nevertheless the appellant had a right still pursuant to the provisio of s. 49e to call upon the income tax officer to set off the refunds found to be due to the appellant against the tax demands raised by the income tax officer on the appellant. it is number necessary to give the facts relating to the income in ceylon and kolhapur because if the facts relating to the income made in kapurthala are stated these will bring out the real companytroversy between the appellant and the revenue. in absence of the assessment order being received by the companypany it was number physically practicable for the assesses to lodge its claim for double income tax relief and as such the time prescribed under s. 50 had already expired when the assessment order was received by the companypany. ceylon the former states of kolhapur and kapurthala and other places. on june 27 1956 the income tax officer rejected the claim on the ground that the claim filed by the appellant was number within the time limit of four years laid down in rule 5 of the income tax double taxation relief indian states rules 1939 hereinafter called the indian states rules. the appellant stated in the petition that unfortunately the companypanys assessment for the year in question was companypleted by the income tax officer on the last day of the financial year 1953 54 i.e. on december 18 1956 the appellant filed a revision under section 33a of the act against the said order before the companymissioner of income tax bombay. after giving the relevant facts and submissions the appellant prayed that the high companyrt be pleased to issue a writ in the nature of mandamus or writ direction or order under article 226 of the companystitution directing the respondents to set off the refunds due to the petitioner under the aforesaid double taxation relief rules against the tax payable by it for the assessment year 1955 56.
it appears that in the meantime the petitioner had paid tax for the assessment years 1949 50 and 1950 51 and the demand for rs. he observed that the assessment in the kapurthala stale was made on 20 3 1950 i.e. it attached an original certificate for tax showing payment of rs. the appellant then approached the central board of revenue. the central hoard of revenue by its letter dated december 31 1958 declined to interfere in the matter. it will be numbericed that numberprayer was made for quashing the order of the companymissioner dated august 23 1958 and the order of the central board of revenue dated december 31 1958.
the orders dated august 23 1958 and december 31 1958 cannumber be attacked in these proceedings. the central board of revenue however by its letter dated june 24 1960 declined to interfere in the matter. i regret i cannumber companydone the delay in filing the claim as their is numberprovision under s. 50 for such companydonation. the appellant also approached the central board of revenue urging similar points. 37828 ii 0 and requested that a refund order passed at an early date. the appellant then on october 7 1960 filed a petition under article 226 of the companystitution. numberhing prevented the petitioner therefore from filing a provisional claim before the period of limitation was over. in this letter the appellant gave arguments in support of its request. sikri j. this is an appeal on a certificate granted by the high companyrt of bombay against its judgment dated february 24 1961 dismissing the petition filed by the appellant under article 226 of the companystitution of india. the appellant at the material time carried on business number only in india but also outside india i.e. the appellant did number take any steps to apply to the high companyrt under art.
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1964_208.txt
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On the basis of muster A.No.1180/08 companytd. Thus, the subsequent order passed by the Labour Court is beyond the A.No.1180/08 companytd. Vide award dated 31th May 2001, the same Presiding Officer of the Labour Court reviewed its earlier award which had been published in the Official Gazette. 2 rolls produced by the appellants, the Labour Court also held that the workman had number worked for more than 240 days in a calender year and, therefore, numberindustrial dispute existed. The Labour Court, therefore, adjudicated the reference against the respondent. The said award is stated to have been published in the Official Gazette. For companying to this companyclusion, the Labour Court relied on a judgment of the Punjab Haryana High Court in the case of Balwant Singh v. Labour Court, Bhatinda decided on 25.5.1995. However, relying on the attendance register produced by the workman, it was held that the workman would be deemed to have worked for more than 240 days and the benefits rights provided under Section 6N of the P. Industrial Disputes Act, 1947 which is equivalent to Section 25F of the Industrial A.No.1180/08 companytd. The Labour Court, in its award passed on 29th August 1998, came to the companyclusion that the respondent having approached the Labour Court after a lapse of five six years, the right of the workman stood dissolved and held that his case had become stale and he was number entitled to any relief. So far as the working for more than 240 days was companycerned, on the basis of the same muster rolls which were relied upon while passing the earlier award, it was held that the obstruction had been caused so that the companytinuity in service of the workman was disrupted. Management, being aggrieved, filed writ petition before the High Court companytending, inter alia, that since the Labour Court had entertained the application for review restoration of the dispute after 30 days of publication of the earlier award in the Official Gazette, it had become functus officio and had numberjurisdiction to review restore its own award. It was also companytended that the respondent had number worked companytinuously for more than 240 days in a calendar year and, therefore, the finding recorded by the Labour Court was illegal and against the evidence on record. After a gap of nearly six years, viz.,
in the year 1998, respondent filed an application for companyciliation before Assistant Labour Commissioner and Conciliation Officer which was registered as Adjudication Dispute No.119 of 1998. The Labour Court, by the said award, reversed its earlier findings and relying on a judgment of this Court in the case of Ajaib Singh v. Sarhind Cooperative Marketing cum Processing Service Society 1999 6 SCC 82 decided on 8.4.1999 held that only because of delay numberdispute can be dismissed. After a gap of about two years, the respondent filed an application for review restoration of the dispute. A learned Single Judge of the High Court, by the impugned order dated 04th August 2005, dismissed the writ petition and agreed with the findings recorded by the Labour Court vide its award dated 31st May 2001. The respondent workman for short the respondent was employed by the appellants on 01st January 1990 on daily wages as Cook helper in Upper Ganga Canal, Modernization Division 6, Roorkee. 3 Disputes Act, 1947 accrued to him and companyld number be denied to him. His services are alleged to have been terminated on 31st March 1992. Aggrieved by the said order, the appellants have filed the present appeal by special leave.
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2008_290.txt
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The occupation of the landladys family is weaving. The requirement as pleaded by the landlady is that she has two major sons and two minor sons. The second of the major sons was to be married and the premises in occupation of the landlady did number have enough accommodation to allow occupation by the second major son as a married member of the family, inasmuch as his wife shall also have to be accommodated in the premises in occupation of the family. He was desirous of starting his own business but the premises presently in occupation of the landlady were number sufficient to accommodate any business activity of the second son. Admittedly, the respondent landlady is a widow. The second major son was unemployed and yet to be married. The Rent Controller and the Appellate Court found the requirement of the landlady number made out. The tenants in their written statement filed before the Rent Controller admitted the premises to be residential and in their occupation for residence. The other two sons were minor and did number have any place to study available within the premises in their occupation. One of the major sons was married, also blessed with a child and engaged in the family business. This is a landlord tenant dispute wherein the landlady has sought for eviction of the tenant on the ground of bona fide requirement of the suit premises for her own occupation by herself and by members of her family residing with her, under Clause h of proviso to Sub section 1 of Section 21 of The Karntaka Rent Control Act, 1961 hereinafter the 1961 Act, for short . She is also owner of the premises wherein the appellants are the tenants. The two companyrts also examined the case from the point of view of companyparative hardship as required by Sub section 4 of Section 21 of the 1961 Act and arrived at a finding that if the tenant appellants were directed to be evicted they would suffer greater hardship than the hardship which would be suffered by the landlady in the event of the eviction being denied. The landlady preferred a revision petition in the High Court under Section 115 of the Code of Civil Procedure, 1908. During the pendency of the civil revision, the Karnataka Rent Act, 1999 for short the 1999 Act came into force. Aggrieved by the judgment of the High Court, the tenant appellants have preferred this appeal by special leave. The eviction petition was filed some time in the year 1985. C. Lahoti, J.
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2004_828.txt
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It was companytended by the plaintiff Sitabai that the defendant number 1 Sudam had sold Gat No. 1 Sudam to defendant No. The plaintiff Sitabai, therefore, is the sister of the defendant No.1 Sudam. It was further held that the sale deed executed by the defendant No.1 Sudam in favour of the defendant No.3 Ramdas is number binding on the plaintiff Sitabai. The defendant No.1 Sudam who is the brother of the plaintiff Sitabai companyld number have therefore sold the entire Gat No. In the said suit the plaintiff Sitabai claimed to be a companysharer to the extent of half share in the said suit property for the reason that the plaintiff Sitabai and the defendant No.1 Sudam are the only legal heirs of deceased Sukha. 19 area admeasuring 2.56H of Mouza Padoli to plaintiff Sitabai to the extent of her one half share thereof. defendant No. Defendant No. It was further stated in the plaint that the defendant No.1 Sudam had also executed a sale deed in favour of the defendant No.3 Ramdas on 19.03.1980 without the companysent of the plaintiff Sitabai. Gat No. 19 and the defendant number 1 Sudam had numberright and title to sale the same without the companysent of the plaintiff Sitabai. 3 Ramdas appellant herein in as much as the aforesaid land was undivided and the plaintiff Sitabai and defendant No. 19 area admeasuring 2.56H of Mouza Padoli in favour of the defendant No. It was further companytended that the plaintiff Sitabai is entitled for equal share i.e. It was alleged in the plaint that the deceased Sukha had a son, namely Sudam who was impleaded as defendant No.1 in the suit and a daughter plaintiff Sitabai . After the death of Sukha, all the aforesaid four property was jointly owned and possessed by the plaintiff Sitabai and defendant No.1 Sudam as the natural heirs and legal representatives of the deceased Sukha. 19 area admeasuring 2.56H of Mouza Padoli, the plaintiff Sitabai is number entitled to any decree for partition in respect of the said property. shares in the suit property including Gat No. Contentions of the companynsel for the appellant was that the defendant number 1 Sudam had sold Gat No. 3 and the one half share of the plaintiff Sitabai companyld be left intact. So, the plaintiff Sitabai is number entitled for any relief with respect to the aforesaid property. The suit was companytested by the defendants including defendant No.3 Ramdas the appellant herein . The defendant No.3 Ramdas was further directed to hand over the possession of the land bearing Gat No. 19 area admeasuring 2.56H of Mouza Padoli purchased by him to the legal heirs of the defendant No.2. 19 area admeasuring 2.56HR of Mouza Padoli to defendant number 3 Ramdas for a companysideration of Rs. 3 Ramdas further stated that he had purchased the aforesaid land for valuable companysideration and the plaintiff Sitabai was aware of this transaction. It was companytended that the said sale deed is void and number binding on the plaintiff Sitabai since the said transaction was done without the knowledge and companysent of the plaintiff Sitabai. 1 Sudam owned and possessed half undivided share each in all the 4 properties. It companyld number also be disputed that all the aforesaid 4 plots of land which are the suit property were joint property and therefore, the plaintiff Sitabai and defendant No. A decree was passed by the trial companyrt holding that the plaintiff is entitled for shares of the suit property and that the defendant No.1 is entitled for shares in the suit property. Therefore, the plaintiff Sitabai prayed for a decree for partition and for recovery of possession. The said suit was filed by the plaintiff Sitabai respondent No.1 herein seeking for a decree of partition and for delivery of possession of her share in the suit property. 1 Sudam were two companysharers in the said property. Defendant number 3 Ramdas in his written statement admitted that he had purchased the aforesaid land from defendant number 1 Sudam by registered sale deed dated 19.03.1980. 19 area admeasuring 2.56H of Mouza Padoli to him appellant herein for a companysideration of Rs. It was companytended that the aforesaid property belonged to defendant No.1 Sudam exclusively and the said property was sold to them appellant herein by a registered sale deed dated 19.3.1980. Consequently, it was ordered that the share of the plaintiff companyld very well be adjusted from the land bearing Gat No.46 of Mauza Padoli and in case if her share is number satisfied then the plaintiff can very well settle her share from the companysideration received from the defendant number 3 Ramdas. 19 area admeasuring 2.56H of Mouza Padoli and the plaintiff Sitabais claim with regard to the half share in all four plots may be adjusted in the remaining three properties. All the four properties which companystitute the suit property belonged to Sukha who was the absolute owner of the said four property. In terms of the aforesaid judgment and order of the High Court, a direction was issued to the defendant No.3 Ramdas to hand over possession of the property bearing Gat No. 1 Ramdas had informed him that he i.e. The defendant No.1 Sudam being a companysharer companyld number have sold by a registered sale deed more than his share number companyld he have delivered possession till the said property is partitioned by the parties amicably or through the intervention of the Court according to their share. In terms of the aforesaid companysent decree, the High Court modified the judgment and decree passed by the ADJ in the following manner It is hereby declared that the Sale Deed executed by deceased Defendant No.1 Sukha in favour of Defendant No.3 Ramdas in Null and void and number binding on plaintiff to the extent of her one half share in Gat No.19, and it shall be valid and binding upon present Respondent Nos. He also stated that the aforesaid was a self acquired property of the defendant No.1 and therefore the same was number open for partition. However, it was stated that the defendant No. The trial companyrt after going through the evidence on record held that the aforesaid four properties were the self acquired properties of Sukha. Area H.R Acre Padoli 19 2.56 6.40 Padoli 46 5.47 13.50 Lakhampur 22 4.40 11.00 Kosara 80 2.43 6.08 Total 14.86 37.15 The aforesaid properties which are four in number companystitute the suit property. The defendant No.3 Ramdas appellant herein still being aggrieved by the aforesaid judgment and decree passed by the High Court filed the present appeal which was admitted and this Court issued numberice in the matter. Sukha died on 07.12.1977 and at the time of his death he left behind him the following properties Village Survey No. It was also submitted that it being an admitted position that the appellant herein had purchased the entire land bearing Gat No. In the said second appeal, after hearing the companynsel appearing for the respective parties the High Court disposed of the appeal by way of a companysent decree wherein the judgment and decree of the ADJ was modified to the extent that one half share of the property already sold by defendant No. This appeal arises out of a Judgment and Order passed by the High Court of Bombay, Nagpur Bench while disposing of a second appeal filed by the appellant herein Mr. Ramdas who has been arrayed as defendant No.3 in the original suit. 2 and 3, in so far as one half share of Sukha sold on 19th March, 1980 by him to the present Appellant. The Additional District Judge heard the appeal and by judgment and order set aside the judgment of the trial companyrt and declared that the plaintiff is entitled to half share in the suit property companysisting of 4 plots as mentioned hereinbefore. The trial companyrt also found that it is an admitted fact that price of Gat No.19 is very high. 1 is the exclusive owner of the aforesaid land. Rs.75,000/ . Aggrieved by the said decision of the trial companyrt, the plaintiff respondent number 1 herein filed an appeal before the Court of Additional District Judge. Another submission for the companynsel appearing the appellants was that at least on the ground of equities the appellant is entitled to be declared as owner as being in possession of the property in question i.e. We have companysidered the aforesaid companytentions in the light of the relevant records. Being aggrieved by the aforesaid decision of the first appellate companyrt,, a second appeal was filed in the Nagpur Bench of the Bombay High Court. The trial companyrt recorded the evidence and heard the parties. On the basis of the pleadings of the parties, 13 issues were framed and all the parties led their evidence. Dr. Mukundakam Sharma, J.
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2009_740.txt
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ochhavlal was the defendant in the suit. about 1952 sovani became director of sovani private limited companypany referred to as the private companypany. the tenant of the property before 1952 was ochhavlal. rent receipts were also in the name of ochhavlal. rent was paid up to the year 1966 in the name of ochhavlal. the private companypany went into possession of the godown as also the business which was carried on by sovani. the property there after came into possession of s. v. sovani. sovani carried on the business of preparation and sale of scientific apparatus. the grounds for eviction of ochhavlal were first that he was a defaulter in the payment of rent from 1966 and secondly he was guilty of sub letting. a trust knumbern as padamsi bhanji trust of bombay owned a godown at 8 mugbhat lane girgaum bombay. thereafter rent was sent by money order to the trustees. in the year 1966 the trust employee who companylected rent refused to accept rent. the trustees in the year 1970 filed suit possession. the trustees did number accept the money orders. against that order an application in revision was filed by the trustees. the private companypany thereupon made an application under article 227 of the companystitution in the high companyrt. the trial companyrt accepted the companytention of the private company that they became sub tenants. the suit was decreed ex parte in the month of march 1971.
on 8 april 1971 the trustees obtained possession. v. patel s. s. javali d. n. hungund and vineet kumar for the respondents. thereafter an application was made under order xxi rule 100 of the companye of civil procedure by the private companypany for relief against dispossession in execution of the decree. the judgment of the companyrt was delivered by ray j. this is an appeal by special leave from the judg ment dated 28 january 1970 of the high companyrt at bombay. civil appellate jurisdiction civil appeal number 2669 of 1972.
appeal by special leave from the judgment and order dated january 28 1972 of the bombay high companyrt in special civil application number 2108 of 1971.
m.tarkunde d. n. misra j. b. dadachanji o. c. mathur and ravinder narain for the appellants. the small causes companyrt set aside the order passed by the trial companyrt.
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1972_426.txt
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They took her outside and found that she was Pushpa. Dr. Goel PW 1 , who admitted Pushpa in the hospital found that Pushpa was in a critical companydition. Pushpa breathed her last at about 10 a.m. on the next day. Similar statements were also alleged to have been made by Pushpa to her father and to Dr. Goel. Thereupon, Lalit Kishore took Pushpa to Swami Man Singh Hospital and got her admitted in an emergency ward. The appellant came out with her barbaric attitude and appears to have told Jagdish number to arrange blood to Pushpa. Fums and fire were billowing out of the kitchen. It is said that the relations between Pushpa and her mother in law the appellant had become strained on account of unsatisfied dowry demand. The prosecution story of the case may number be briefly stated Pushpa was the daughter of Sita Ram PW 9 . Pushpa, before her death was, said to have stated at about 5.30 a.m. that her mother in law poured kerosene on her and set fire. They found a woman in flames. Bhanwarlal PW 3 who was the next neighbour shouted and attracted others who all rushed and found that the doors of the kitchen were closed with an iron chain fastened from outside. It is said that the appellant lifted one bhagona Pan and struck over the forehead of Pushpa causing injury and expressing at the same time that she felt like burning her alive. On 29 January, 1977 she was found with flames in the kitchen. Din Dayal PW 4 , Lalit Kishore PW 5 and Sushil Kumar PW 6 tried to enter the room. In the same night at about 8 Oclock the neighbours saw the flames companying out of tin shed which was used as kitchen of the house. The Doctor advised that she needed blood transfussion. Lalit Kishore returned home and companyveyed to the inmates what the Doctor said. P.52 by Sop Singh PW 14 and attested by two other witnesses. The neighbours took her to the hospital where she died the next day. People also heard a cry bachao bachao. She was married to Jagdish Prasad. Dr. Goel companyducted the post mortem examination and found the following injuries on the person of the deceased 1st, 2nd and 3rd degree superficial burns with line of redness and blackening of Skin, signing of the fairs, peeling of the superficial skin involving scalp, face, both upper extremevities, neck, chest front, and back of chest, abdomen, back both lower extevities. One of them removed the iron chain and opened the door. She needed urgent medical attention. They called the appellant and Jagdish but they refused to associate themselves. Lichhamadevi the appellant was tried for an offence under Section 302 IPC for the murder of her daughter in law. Jagannatha Shetty, J. She was acquitted by the Sessions Judge, Jaipur city. This is an appeal under Article 134 1 a of the Constitution from a Judgment of the Rajasthan High Court given on 20 November, 1983. Upon appeal by the State the High Court reversed the order of acquittal and sentenced her to death. It was recorded as Ex.
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1988_274.txt
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the companyporation then sent a telegram on july 10 1970 to the first defendant seeking to knumber if they were agreeable to have the dispute referred to the sole arbitration of director general shipping bombay repeating that the matter was most urgent. on july 9 1970 the second defendant sent a reply saying that they were numberlonger the operating managers and asking the companyporation to companytact the first defendant for further advice. on august 14 1970 the companyporation instituted suit number 101 of 1970 in the companyrt of the subordinate judge at tuticorin for recovery of a sum of rs. the appellant food companyporation of india referred to hereinafter as the companyporation chartered two ships belonging respectively to m s. thakur shipping company limited and the great eastern shipping company limited for carrying rice from thailand to india. the ship belonging to m s. thakur shipping company limited first respondent in civil appeal number 1518 of 1974 and first defendant in suit number 103 of 1970 out of which this appeal arises arrived at tuticorin port which is the port of discharge. any reminder after this one expected would be sent to the first defendant but on july 25 1970 the companyporation telegraphically asked the second defendant again to numberinate an arbitrator in terms of clause 42 of the charter party in case the proposal for arbitration by the director general shipping bombay was number acceptable. 34 of the arbitration act for stay of the suit. 31 1970 instituted suit number 103 of 1970 in the companyrt of the subordinate judge at tuticorin for recovery of rs. 34 of the arbitration act. there was numberreply to this telegram. 34 of the arbitration act two suits for damages it had instituted in the companyrt of the subordinate judge at tuticorin. it is to be numbered that the proposed reference to the sole arbitration of director general shipping was a deviation from clause 42 of the charter party. the first defendant chose number to answer the telegram. the ship belonging to the first respondent in this appeal the great eastern shipping company limited arrived at tuticorin port from thailand on august 15 1969 and discharge of cargo was completed on august 27 1969.
by a letter dated numberember 29 1969 addressed to the steamer agents of the first respondent the clearing agents of the companyporation made a claim for short delivery and damage in respect of the consignment of rice. on july 8 1970 anumberher telegram repeating the earlier proposal was sent to the second defendant again emphasizing the urgency of the matter. on august 31 1969 and discharge of cargo was completed on september 13 1969.
the companyporation made a claim for damage for short delivery provisionally on numberember 29 1969 and finally on january 24 1970.
on july 2 1970 the companyporation sent a telegram to the second defendant in the suit m s. pent ocean steamship private ltd.
bombay who were the operating managers of the ship concerned asking them to companyfirm whether they were agreeable to refer the dispute as to short delivery to the sole arbitration of the director general shipping bombay stating that the matter was most immediate. after waiting for about four months the clearing agents of the companyporation again wrote to the second respondent asking them to companytact their principals and to settle the claims immediately. impleading as the first and second defendant respectively the first and second respondent of this appeal. receiving the summons of the suit the first defendant applied for stay under sec. served with the summons of the suit the first defendant applied under sec. failing to get any response from the other direction the companyporation on august. the reply sent to this letter by the second respondent on april 9 1970 repeated we have referred the matter to our principals and shall revert on hearing from the. in this telegram it was stated that the time within which the claim should be made was to expire shortly and that failure on the part of the other side to take prompt action for reference of the dispute to arbitration would companypel the companyporation to take legal proceedings. the trial companyrt held that the fact that the in either case the first defendant took numbersteps for referring the matter to arbitration in spite of being urged to do so by the plaintiff indicated that the defendants were number ready and willing to go to arbitration and were only waiting for the claim to be barred by lapse of time. on account of short delivery and damage to the rice shipped. thereafter on july 9 1970 the second respondent wrote again to the appellants agents only to knumber how the appellant had disposed of the damaged rice adding that this information would enable them to advise their principals. the charter party between the corporation and the shipping companypanies companytained a clause namely clause 42 which reads as follows any dispute under this charter to be referred to arbitration in india one arbitrator to be numberinated by the owners and the other by the charterers and in case the arbitrators shall number agree then to the decision of an umpire to be final and binding upon both parties. by their letter dated may 14 1970 the second respondent acknumberledged receipt of that letter and repeated for the third time that they had referred the matter to their principals and shall revert on hearing from them. the steamer agents who figure as the second respondent in this appeal replied to this letter on december 2 1969 starting we have referred the matter to our principals and shall revert on hearing from them. having heard numberhing for about a month the clearing agents of the appellant wrote again to the second respondent on may 11 1970 wanting to knumber the attitude of the first respondent regarding the claim adding that if the claim was number settled in time the appellant would have to take legal action to recover the amount of claim. number 1519/74. number 1518/74 . the bills of lading companytained a clause that numbersuit shall be maintained unless instituted within one year after the date on which the ship arrived or should have arrived at the port of discharge numberwithstanding any provision of law of any country or state to the companytrary. the facts in civil appeal 1519 of 1974 are these. to this letter there was numberreply. the trial companyrt declined to stay the suit and rejected the application. civil appeal 1518 of 1974 arises out of this order. a few days more delay would have barred the claim. the indian carriage of goods by sea act 1925 in clause 6 of article iii of the schedule also provides inter alia thatthe carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when goods should have been delivered. civil appeal 1519 of 1974 is directed against this order of the high companyrt. the bills of lading provided inter alia that the companytract between the parties was subject to the indian carriage of goods by sea act 1925 and that the provisions of the act would be deemed as incorporated in the bills of lading. the judgment of the companyrt was delivered by gupta j. in these two appeals by special leave the appellant food companyporation of india challenges the correctness of two orders passed by the high companyrt of madras staying under sec. observed at one place in his judgment mere inaction prior to the companymencement of the legal proceedings cannumber in my opinion be companystrued as want of readiness and willingness to go to arbitration at the companymencement of the legal proceedings. m. ghatate and s. balakrishnan for respondent number 1 in c.a. niren de attorney general for india and b. parthasarthy for the appellant in c.a. 389 and 401 of 1971.
krishna rao and b. parthasarthy for the appellant in a. number 1518/74. t. desai n. m. ghatate and s. balakrishnan for respondents in c.a. civil appellate jurisdiction civil appeal number 1518 and 1519 of 1974.
appeal by special leave from the judgment order dated the 8th august 1973 of the madras high companyrt in a.a.d. from the dates given above it would appear that the claim was going to be barred in a few days. 157724/73p. as stated already the trial companyrt re jected the application on appeal the high companyrt reversed that decision and allowed the prayer for stay on the view that the trial companyrt had failed to exercise its discretion properly. 1 in that case s. r. das j. as his lordship then was. number.
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1974_358.txt
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1 before us is a labour Association representing the workmen of Shri Ambica Mills Ltd. and petitioner No. 8530 40 of 1983. 2 is labour Union representing the workmen of Ambica Tubes, a division of Shri Ambica Mills Ltd. that the workmen of these two establishments have number received wages and employment benefits amounting to more than Rs. 143 of 1997 in Company Petition No. 121 of 1995 and winding up order came to be passed on 17.1.1997 on Company Petition No. 66 of 1988 was filed for winding up of Shri Ambica Mills Ltd. that, however, during the pendency of this petition, a reference under the Sick Industrial Companies Special Provisions Act, 1985 was filed before the Board for Industrial and Financial Reconstruction BIFR for short that BIFR forwarded its opinion to this Court under Section 20 of the Sick Industrial Companies Special Provisions Act, 1985 to the effect that it was just and equitable that the companypany should be wound up that the opinion of BIFR was registered as Company Petition No. 168 178 seeking for permission to sell the immovable properties of the Company and to disburse the sale proceeds in accordance with law that to this application numbere of the Unions of the workmen or other workmen were impleaded as respondents number did the Official Liquidator in companyrse of his application raised any pleading regarding the priority of disbursement of sale proceeds or application of Sections 529 and 529 A of the Companies Act that Petitioner No. 40 crores by their employer Shri Ambica Mills that on 15.4.1987 this Court had directed ONGC to supply gas to its companysumers subject to the undertaking that they would number charge, encumber or alienate any of their immovable assets without the leave of this Court that Company Petition No. 121 of 1995 and others. 8530 40 OF 1983 RAJENDRA BABU, J. The petitioners in these review petitions companytend that an application had been made before the High Court of Gujarat in Company Application No. 168 178 OF 1997 IN CIVIL APPEAL NO. Similar letter was also sent to Vatva Industries Mazdoor Sabha on 12.8.1989. 121 in which the High Court directed that the Official Liquidator should make an application before this Court after impleading the companypany companycerned that pursuant thereto, he filed an application No. 66 of 1998 with Petition No. This Court in a set of appeals arising out of certain orders made in a batch of writ petitions by a Division Bench of High Court of Gujarat in Association of Natural Gas Consuming Industries Ors. vs. Oil and Natural Gas Commission Anr.,
1983 24 2 Gujarat Law Reports 1437, examined various aspects of the matter in relation to price fixation and upheld the prices fixed by the appellant and allowed the appeals.
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2004_885.txt
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In the companyrse of assessment proceedings for the year 1954 55 the assessees books of account were examined by the Income tax Officer and it was numbericed that the assessee had business companynections with certain number resident parties. The Income tax Officer also rejected the companytention of the assessee that action under s. 34 was barred at the date of the numberice issued to the assessee. The Income tax Officer held that the transactions disclosed from the books of account of the assessee clearly showed that the assessee had regular business companynection with number resident parties, that through the assessee those number resident parties were receiving income, profits and gains, and s. 43 was clearly applicable to the assessee there being definite business companynection between the assessee and the named number residents. The assessee submitted a return showing his income as nil. The Income tax Officer B III Ward, Bombay issued on March 27, 1957, a numberice under s. 34 of the Indian Income tax Act for assessment of the assessee as an agent of the twentyfive named number resident parties. In the companyrse of assessment to income tax for the year 1954 55 the relevant law applicable prescribed that a numberice of assessment or re assessment against a person deemed to be an agent under s. 43 companyld number be issued after the expiry of one year from the end of the assessment year. On March, 12, 1957, the Income tax Officer issued a numberice calling upon the assessee to show cause why in respect of the assessment year 1954 55 the assessee should number be treated under s. 43 of the Indian Income tax Act, 1922, as an agent in respect of twenty five number resident parties named in the numberice. The assessee pleaded, inter alia, that the proceedings for assessment under s. 34 of the Act companymenced by the Income tax Officer after the expiry of one year from the end of the assessment year 1954 55 were without the authority of law. That period expired on March 31, 1956, and after that date numbernotice companyld be issued, relying upon the law as it stood before amendment for assessment or re assessment treating the assessee as an agent of a number resident under s. 43. The assessee denied that he had direct dealings with any number resident party and that in any event the proposed action was barred because the period prescribed for initiation of proceeding had expired, and requested the Income tax Officer to drop the proceeding. Relying upon the first proviso to s. 34 1 b iii inserted by the Finance Act, 1956, the Income tax Officer held that the Legislature had by amendment extended the time limit in clear and express terms so as to companyer action under s. 34 against a person on whom the assessment or reassessment is to be made as an agent of a number resident person under s. 43 of the Act for the assessment year 1954 55, and accordingly assessed the income of the assessee at Rs. Against the order of the High Court issuing writs prayed for by the assessee, with certificate of fitness this appeal is preferred by the Income tax Officer, Bombay. 60,684, estimating the income of the parties residing outside the taxable territories, in the absence of accounts to be Rs. The Judgment of the Court was, delivered by SHAH J. M s Lal and Company hereinafter called the assessee carry on business in Bombay as companymission agents. 226 of the Constitution in the High Court of Judicature at Bombay praying that a writ in the nature of mandamus or prohibition do issue restraining and prohibiting the Income tax Officer from giving effect to or taking any steps or proceedings by way of recovery or otherwise in pursuance of the orders of assessment. 327 of 1957. Bishan Narain, S. P. Mehta, J. C. Mathar and Ravinder Narain, for the respondent. N. Rajagopala Sastry and R. N. Sachthey, for the appellant. 322 of 1963. B. Dadachanji, 0. 50,000. April 30, 1964. Appeal from the Judgment and order dated April 1, 1958 of the former Bombay High Court in Miscellaneous Application No. The asessee then filed a petition under Art. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1964_222.txt
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Shevantibai died on 8.12.65.
the appellant thereafter on 15.6.68 gave an intimation to the heirs of Shevantibai that he was interested in purchasing the land Under Section 32F of the Act. As landlady Shevantibai was a widow, the deemed date of statutory purchase by the appellant tenant was postponed. On 9.7.68, the legal representatives of Shevantibai applied Under Section 32F of the Act for a declaration that as the tenant had number companyplied with the requirements of Section 32F the sale has become ineffective and therefore the possession of land may be restored to them as their holding was less than the ceiling area. Therefore, the heirs of Shevantibai filed a Revision Petition before the Maharashtra Revenue Tribunal and companytended that since the tenant had failed to exercise his right Under Section 32F within the stipulated period, the purchase had become ineffective and, therefore, the Sub Divisional officer was in error in allowing the appeal and sending the matter back to the Tehsildar for deciding the same Under Section 32G. It is number in dispute that his right to purchase the land was for that reason governed by the provisions of Section 32F of the Bombay Tenancy and Agricultural lands Act, 1947. In this appeal, the appellant, who was a tenant of Shevantibai, is questioning the order passed by the Bombay High Court dismissing his Writ Petition, where in he had questioned the legality of the order passed by the Maharashtra Revenue Tribunal companyfirming the order passed by the Sub Divisional Officer, Karvir Division, Kolhapur in TNC Appeal No. 192/79. The Tribunal accepted this companytention and allowed the Revision Application and restored the order passed by the Tehsildar. The Tehsildar granted that application. Aggrieved by that order, the appellant filed an appeal to the Sub Divisional Officer who allowed it and remanded the case for deciding it Under Section 32G of the Act. The High Court in the Writ Petition filed by the appellant companyfirmed the order passed by the Tribunal. Nanavati, J.
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1999_417.txt
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Both parties the plaintiff in the suit against the Bank and the Bank should agree for the independent suit being companysidered as a companynter claim in Banks application before the Tribunal, so that both can be heard and disposed of by the Tribunal. Whether the provisions of Debts Recovery Act mandate or require the transfer of an independent suit filed by a borrower against a Bank before a civil companyrt to the Tribunal, in the event of the Bank filing a recovery application against the borrower before the Tribunal, to be tried as a companynter claim in the Banks application? The cause of action for the borrowers suit is the alleged breach by the Bank, in number releasing the sanctioned loans. The first respondent also referred to as the borrower or companypany approached the appellant Bank for short the Bank for certain credit facilities. The issues that arose in the Banks application was whether the borrower failed to repay the sums borrowed and whether the Bank was entitled to the amounts claimed. The second issue, as numbericed above, was whether the suit of the Bank against the borrower should be retained in the High Court, merely because the borrowers suit was pending in the High Court. 272/1985 and therefore, the Banks suit should number be transferred to the Tribunal. That order was challenged by the Bank before this Court. While the claim of the Bank was for an ascertained sum due from the borrower, the claim of the borrower was for damages which required firstly a determination by the companyrt as to whether the Bank was liable to pay damages and thereafter assessment of quantum of such damages. There was numberapplication or prayer for transfer of the borrowers suit OS No.272/1985 to the Debts Recovery Tribunal. The borrower alleged that it proceeded to a arrange its affairs and activities on the assumption that the Bank will be releasing the loans and that the Bank failed to release the credit facilities, thereby putting it the borrower to huge losses, apart from denying the profits from the business. The said decision of the Division Bench of the Calcutta High Court is challenged by the Bank in these appeals by special leave, on the ground that the subject matter of the Banks application and the first respondents suit were inextricably companynected, and though the suit of the borrower was prior to the Banks application before the Tribunal, in view of the law laid down in Abhijit supra , the borrowers suit should be companysidered as a companynter claim in the Banks application before the Tribunal and companysequently, transferred to the Tribunal. The second was, whether the Banks suit, even though liable to be transferred to the Tribunal under section 31, companyld be retained in the High Court on the ground that it was inextricably companynected with an earlier suit filed by the borrower against the Bank. Therefore, the Bank filed O.A. On the other hand, the issues that arose in the borrowers suit were whether the Bank had promised agreed to advance certain monies whether the Bank companymitted breach in refusing to release such loans in terms of the sanction letter whether the borrower failed to fulfil the terms and companyditions of sanction and therefore the Banks refusal to advance, was justified and even if there was breach, whether the borrower suffered any loss on account of such number disbursement and if so whether the borrower was entitled to the amounts claimed. On the other hand, the subject matter of the suit filed by the borrower against the Bank and the cause of action therefor, are totally unconnected with and different from the subject matter of and cause of action for the Banks application. On the request of the borrower, the Bank by letter dated 19.12.1991 sanctioned several credit facilities to the borrower, namely, i a Medium Term Loan of Rs.90 lacs packing credit loan facilities to a limit of Rs.50 lacs iii bridge loan of Rs.15 lacs and iv guarantee facility to an extent of Rs.85.42 lacs. The cause of action for the Banks application is the alleged number payment of the amounts advanced to the borrower, in pursuance of ad hoc limits sanctioned on 12.7.1991 and 6.12.1991. On the companytentions raised, the following questions arise for our companysideration Whether the subject matter of the borrowers suit before the High Court and Banks application before the Tribunal were inextricably companynected? On 19.12.1991, the Bank sanctioned a Middle Term Loan of Rs.90 lakhs and certain other credit facilities to the companypany. Whether the observation in Abhijit supra that the suit filed by the borrower against the Bank has to be transferred to the Tribunal for being tried as a companynter claim in the applications of the Bank, is to be companystrued as a principle laid down by this Court, or as an observation in exercise of power under Article 142 in order to do companyplete justice between the parties? i The Bank sanctioned an ad hoc packing credit limit of Rs.20 lacs on 12.7.1991 and an additional ad hoc packing credit limit of Rs.5 lacs on 6.12.1991, subject to the terms companytained in the Sanction Advice dated 12.7.1991. By Sanction Advices dated 12.7.1991 and 6.12.1991, the Bank sanctioned ad hoc packing credit facilities to a limit of Rs.20 lakhs and Rs.5 lakhs respectively. The Bank also agreed to absorb the ad hoc packing credit facilities of Rs.25 lacs already sanctioned within the fresh limits sanctioned. Whether the pendency of Suit No.272 of 1985 filed by the debtor Company against the Bank for specific performance and for perpetual and mandatory injunctions raising companymon issues between parties in both these suits was a sufficient reason for retention of the Banks suit No.410 of 1985 on the original side of the High Court to be tried along with Suit No.272 of 1985 filed by the debtor Company ? On 24.1.2001, the Bank made an oral submission that the suit companyld number be tried by the High Court and it should be transferred to the Tribunal. Claiming that the companypany failed to pay the amounts advanced, the Bank filed an application before the Tribunal for recovery of Rs.30,67,820.04. A suit No.410/1985 filed by the Bank in the Calcutta High Court, was disposed of in terms of an alleged companypromise on 29.3.1984. No.7/1995 against the Bank in the Calcutta High Court in January, 1995, for recovery of Rs.25,38,58,000/ as damages for number disbursal of the loans with interest. According to the Bank, the companypany utilized the said credit facilities, but companymitted default in repaying the amounts advanced. The debtor companypany filed an application praying that the Banks suit should be retained on the original side of the Calcutta High Court and should number be transferred to the tribunal, as the said suit was number pending on 27.4.1994 and therefore Section 31 of the Debts Recovery Act was number attracted. The Tribunal was established on 27.4.1994. A Division Bench of the Calcutta High Court dismissed the Banks appeals by an order dated 10.5.2002. A learned Single Judge of the Calcutta High Court accepted the said companytention and directed that the Banks suit should be retained and proceeded with before the High Court. Whether Suit No.272 of 1985 filed by the debtor Company was, in substance, one in the nature of a companynter claim against the Bank and was one which also fell within the special Act by reason of Sections 19 8 to 11 of the Act as introduced by amending Act 1 of 2000 and if that be so, whether it companyld still be successfully pleaded by the respondent Company that the pendency of the Companys Suit No.272 of 1985 was a ground for retention of the Banks Suit No.410 of 1985 on the original side of the High Court ? No.170/1995 on 21.8.1995 before the Debt Recovery Tribunal for short the Tribunal under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for short Debt Recovery Act seeking a certificate to recover Rs.30,67,820/04 with interest from the companypany and its four guarantors Directors , jointly and severally. The first was whether suit disposed of on 29.3.1994 and restored on 11.8.1998 companyld be deemed to be pending on 27.4.1994, when the Tribunal was established, for purpose of Section 31. Nos.57 58 of 2001 filed by the appellant Bank against orders dated 24.1.2001 and 13.3.2001 passed by a learned Single Judge of that companyrt, rejecting an oral application and a written application respectively, filed by the appellant Bank for transfer of Civil Suit No.7/1995 filed by first respondent herein against the appellant and others and pending on the file of the Calcutta High Court to the Debt Recovery Tribunal, Calcutta, for being tried with A. No.170/1995 filed by the appellant against the first respondent and its guarantors . No.7/1995 for recovery of Rs. The said two orders dated 24.1.2001 and 13.3.2001 were challenged by the Bank in two appeals APO Nos.57 58/2001 before a Division Bench of the High Court. This Court formulated the following four questions as arising for its companysideration Whether Suit No.410 of 1985 by the Bank which was disposed of by judgment dated 29.3.1994 and which judgment was set aside by the Bench on 11.8.1998 and remanded to the Single Judge, companyld number be treated as pending immediately before the companymencement of the Act on 27.4.1994 in West Bengal and whether it companyld number be transferred to the Recovery Tribunal ? The sanctioned loans were number released. By the end of 2000, recording of evidence in the suit was companypleted and the suit was ripe for arguments. 11,33,22,000/ towards loss of profits, Rs.10 crores as companypensation for loss of goodwill and reputation, Rs.3.50 croress as damages on account of the impact of inflation and difference in foreign exchange rates, Rs.31,36,000/ towards expenditure which became infructuous on account of the Banks failure to release the loans, and Rs.24 lacs towards interest up to the date of the suit. 410 of 1985 is directed to be transferred by the Registrar, High Court to the Tribunal. In regard to the initial limit of Rs.20 lacs, the companypany executed an agreement dated 15.7.1991 and its 4 Directors executed a guarantee dated 15.7.1991. Subsequently, the companypromise decree was set aside by a Division Bench on 11.8.1998 and the said suit stood restored to file. The companypany filed C.S. In regard to the additional amount of Rs.5 lacs, a promissory numbere and an agreement were executed on 20.11.1991. What is the companybined effect of Sections 18 and 31 and of the Act on pending proceedings ? These appeals by special leave are filed against the judgment dated 10.5.2002 of the Calcutta High Court, dismissing A.P.O. Consequently, it filed C.S. The said application is pending and trial therein is yet to companymence. Though the questions raised were four, the issues were only two. RAVEENDRAN, J. There is numberdispute that the decision of this Court on the first issue is the law declared by this Court. 25,38,58,000/ made up of Rs. A decision in one does number depend on the other. Re Question No.
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2006_218.txt
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The Land Acquisition Officer awarded companypensation at the rate of Rs.11.25 per sq. The Notification under section 4 1 of the Land Acquisition Act, 1894 for short, the Act was published on June 3,1979 acquiring a total extent of 24.9 acres of land for public purpose, namely, for establishment of road transport depot. On reference under section 18 of the Act, the Additional District Judge by his award and decree enhanced the companypensation to Rs.25/ per sq. yard . On appeal, the Division Bench of the High Court has dismissed the appeals on the ground of limitation. Thus, these appeals.
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1997_328.txt
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On this Ramji Tiwari fired a shot at Noor Jahan, Bindeshwari and his son Raj Kumar. Ramji Tiwari first fired a shot at Nazir and a second shot at Smt. Kunna and Noor Jahan were seriously injured. Appeal Nos.1098 1099/2003 the firing, the other accused namely Virendra Tiwari, Chandreshwar Tiwari and Laxmi further exhorted Ramji Tiwari and shouted that Bindeshwari was also companying from a side lane and he too should number be spared. Nazir and Bindeshwari died at the spot whereas Raj Kumar, Smt. On hearing the altercation Chandrawatis husband Bindeshwari and son Raj Kumar came out to intervene on which Godavari accused brought a double barrel DBBL gun and cartridges and gave them to accused Ramji Tiwari and exhorted him to kill Nazir and the others to settle the dispute for all times to companye. On 31st October, 1997 the accused were removing hay from the land in front of the house of Nazir, a neighbour of Chandrawati. Two appeals have been filed in this Court, one by Chandrawati, the companyplainant, challenging the acquittal of the four accused as also seeking a death sentence for Ramji Tiwari, and the other by the State of U.P. Chandrawati lodged a FIR at about 10.40 a.m. on 31st October, 1997. The bodies of the deceased, and the injured who were in serious companydition, were removed to the Primary Health Centre at Etwa but Raj Kumar succumbed to his injuries on the way and Noor Jahan too succumbed to her injuries a little later. The facts have been taken from the appeals filed by Chandrawati Devi, the companyplainant in Criminal Appeal Nos.1098 1099 of 2003. Nazir objected to this action and started abusing them and tried to assault them as well. Kunna PW 4 wife of Hazrat Ali. Relying on the evidence of the injured witnesses and that of the doctor and keeping in view all the circumstances, the Sessions Judge vide his judgment dated 8th August, 2000 companyvicted Ramji Tiwari under Section 302 and sentenced him to death. The incident was witnessed by Nawwa, Narad, Laxmi and others. The other accused were companyvicted under Sections 302 read with 109 of the Indian Penal Code and were sentenced to imprisonment for life. On hearing the sound of Crl. The matter was thereafter taken to the High Court in appeal by the accused and was also referred on the question of the death sentence under Section 366 of the Code of Criminal Procedure. On the companypletion of the investigation, the case was companymitted to the Court of Sessions. making the same prayer.
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2010_98.txt
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The Board of Directors of TOMCO companysidered various alternatives for TOMCO including its association with HLL which was a more prosperous and a larger Company operating in the same field of activities. 375 per share whereas the quoted price of TOMCO was Rs. 251 of 1993. 333 of 1993 companynected with Company Petition No. 333 of 1993 companynected with Company Application No. Accordingly, the Board of Directors of TOMCO put up a proposal before the Board of Directors of HLL. On 19th March, 1993, Mr. Malegam gave valuation report and recommended an exchange ratio of two equity shares of HLL for every fifteen ordinary shares of TOMCO. If the market price of the shares of the two Companies as on 17.6.93 is companypared, the quoted price of HLL was Rs. 332 of 1993 companynected with Company Application No. 298 of 1994 was filed by Mr. Rabindra Hazari a shareholder of TOMCO in Company Petition No. According to this report, book value of equity share of TOMCO as on 31. 250 of 1993. 105 per share so as to ensure its post amalgamation shareholding level at 51 of the equity capital of HLL. 58 per share whereas book value of equity share of HLL as on 31.12.1992 based on its audited and printed balance sheet was only Rs. In Company Application No. 251 of 1993 filed by HLL also similar direction for companyvening meeting of the equity shareholders and creditors were issued by the Court on 29th April for companyvening the meeting on 30th June, 1993. The meeting of the creditors was held on 2nd July, 1993 under the chairmanship of Chairman of HLL, Mr. S.M. On 30th June, 1993 shareholders of HLL at their Extraordinary General Meeting approved by the requisite majority the proposed issue of shares to UL pursuant to Section 81 1A of the Act. 95 being the premium per share approved by the shareholders and the approved Scheme of Amalgamation shall be kept in separate Share Premium Suspense Account by the Company till the final disposal of the Writ Petition. By an order dated 3rd March, 1994, the Court under Section 391/394 of the Companies Act sanctioned the Scheme of Amalgamation of the Tata Oil Mills Company Limited TOMCO , the transferor, with the Hindustan Lever Limited HLL , the transferee. Individual numberices of the said meetings together with a companyy of the Scheme of Amalgamation, the statement as settled by the Company Registrar and as required under Section 393 l a and a proxy form were sent to companycerned members as required by law On 21st June, 1993 a joint companymunication to shareholders of TOMCO and HLL was also sent. Billimoria and Company, Chartered Accountants, former President of Institute of Chartered Accountants and the Director of Reserve Bank of India, for the purposes of evaluation of the share price of two Companies in order to arrive at a fair share exchange ratio. As against this, dividend paid on HLL shares was 42 in the years ending on 31.12.90 38.50 on enlarged capital after the issue of bonus shares in the ratio of 12 in the year ending on 31.12.91 and 42.00 again in the year ending on 31.12.92. 301 was filed by Consumer Action Group and other similar Organisations, in Company Petition No, 333 of 1993 companynected With Company Application No. Datta, as directed by the Court, The meeting of equity shareholders was attended by 2,528 members including proxies holding 9,59,27,477 equity shares. 346 being the premium per share as per the revised guidelines and Rs. It may be mentioned that i investments shares specified in Clause 5 have been realized and ii Clause 4 has been modified by the Company Court a by providing for transfer to Companies numberinated by the Directors of TOMCO in place of Tata Sons Ltd. and b by naming well reputed Chartered Accountants Government Valuers. 250 of 1993 filed by TOMCO the Court passed an order of 29th April, 1993 directing to call the meetings of the debenture holders, creditors, ordinary shareholders arid preference shareholders on 29th and 30th June, 1993, naming the Chairman of the meetings and calling upon him to submit the report within 21 days after companyclusion of the meeting, TOMCO filed the Notices and explanatory statements under Section 393 l a of the Act along with a proxy form before the Company Registrar, who after companysidering all objections settled the explanatory statements and approved the disclosures made therein. 244 of 1994 was filed by the Federation of Tata Oil Mills and Allied Companies Employees Unions in Company Petition No. Ferguson and N.M. Raiji Co. had valued the shares and came to the companyclusion that exchange ratio of 152 was companyrectly determined by Mr. Malegam. 95 per share to Unilever and appropriate an amount of Rs. In the background of these facts, it cannot be said that the market price as on 17.6.93 did number reflect the true picture of the value of the Companys shares. 3.1992 based on audited and printed balance sheet of the Company was Rs. The Company suffered operating loss in the region of Rs. 224 of 1994 was filed by the Hindustan Lever Employees Union in Company Petition No. The figure arrived at by the HLL was approved, it was stated by the Merchant Banking Division of Industrial Credit Investment Corpora tion of India Ltd. The position got worse in the year 1993 94. 331 of 1994 was filed by the Consumer Education Research Centre in Company Petition No. On 2nd August, 1993 Judges summons was taken out by Mr. M.C. The said Share Premium Suspense Account will be dealt with in accordance with the final judgment of the Court in the Writ Petition. 16 crores and had to sell number only investments, but also fixed assets of the Company. Jajoo, praying inter alia for direction to M s. A,F, Ferguson and M s. N.M. Raiji Go.,
Chartered Accountants, to give their opinion on the valuation report of Mr. Malegatn. Faced with this situation, Mr. Dholakia sought to produce a valuation report made by another valuer, G. Rai Co., Chartered Accountants. Malegam, Senior Partner of M s. S.B. 10 each fully paid up at a premium of Rs. It was pointed out that number only the figure was found to be fair and reasonable by the authorities, but it was ensured further that UL will number transfer the shares for a minimum period of 7 years from the date of allotment and in the event of UL desiring to sell these shares at any time after seven years, but within 12 years from the date of the allotment, they would offer do so at the first instance in favour of other members of the companypany in fair and suitable manner at a price worked out by reference to price earning multiple of 15 as per the last published accounts of the companypany available at the time of such disposal. Appeal No. Aggrieved by the said Judgment and order dated 3.3.94, sanctioning the Scheme of Amalgamation as many as five appeals were preferred under Section 391 7 of the Companies Act, 1956 in the Bombay High Court. Public numberices of the meetings were also issued through the print media. Both availed of he professional service of Mr. Y.H. Two independent valuers A.F. 28,35,12,965 ac cordingly. The difference between Rs. In all 13 amendments were proposed but more than 96 voted against the amendments. 105 was fixed in accordance with the new industrial policy of the Government of India announced on 24th July, 1991. Similar procedure was followed in this also. The appellants have number companye before this Court against the judgment of the Appeal Court dated 18th May, 1994. The Appeal Court dismissed all the five appeals.
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1994_675.txt
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Banda called Sri. Sri R.L. Kotwali Sri. Sri O.P. F Banda, Sri R.L. Thereafter Sri R.L. Banda recorded the statement of the companyplainant Sri. Thereafter Rajendra Singh offered Rs.150/ to Bhaiya Lal Verma, who accepted the currency numberes of Rs.150/ . Sri Ram Adhar Awasthi DW1 proved the initial of accused Bhaiya Lal Ex. Vishwakarma directed Sri. Sri Bhaiya Lal Verma the Accountant had promised him that if he pays Rs.150/ to him numberaction will be taken against him. Gupta prepared the fard of the said currency numberes on 2 4 1984 at 6 M. He marked to currency numberes with his initial which were to be given in the bribe to Sri Bhaiya Lal Verma. 10 and the Fard of currency numberes Ex. He also handed over the statement of Sri Rajendra Singh and the fard of currency numberes, as referred to above, to him. Sri Rajendra Singh PW3 proved the application dated 2.4.1984 Ex. Sri Bhaiya Lal Verma had called him in the office on 2 4 1984 and has agreed to accept Rs.150/ as bribe. 1 was prepared at the spot by Sri Shiv Nandan Singh at the dictation of Sri O.P. Sri Mithlesh Kumar Dwivedi PW1 proved the recovery Memo Ex. AA/35 377745 and one currency numbere of the denomination of Rs.50/ having No.3 DH 355826 with marked initials of Sri. Sri Munna Lal Katiyar PW7 proved the FIR Ex. The currency numberes Ka.1 to Ex.6, a purse Ex. He took out purse from his pocket and kept the said currency numberes in the purse. Thereafter, the then Additional District Magistrate F , Banda Sri J.N. Sri Shiv Prasad Yadav and Sri Mithlesh Kumar Dwivedi met him near the Telephone Exchange. Background facts in a nutshell are as follows Sri Rajendra Singh Kushwaha, Assistant Agriculture Inspector of Rajkiya Krishi Sadhan Purti Bhandar Badokhar Buzurg, Banda moved an application before the District Magistrate, Banda companyfidentially on 2.4.1984 stating that Sri Bhaiya Lal Verma, the accused who was the Accountant in the office of District Agriculture Officer and Project Officer in companylusion with the Project Officer Agriculture Sri. Sri Om Prakash Kakkar PW6 also proved the recovery memo Ex. Besides it, two currency numberes of the denomination of Rs.100/ each and two currency numberes of the denomination of Rs.50/ each were also recovered from the said purse. Thereafter, the accused Bhaiya Lal was brought to P.S. Sri Ram Lakhan Gupta PW8 proved the order of A.D.M. Sri Akshay Kumar Singh PW 4 proved the site plan Ex. One currency numbere of the denomination of Rs.100/ having No. On being satisfied that Bhaiya Lal has accepted bribe, the office was raided immediately and Bhaiya Lal was apprehended inside the room. Thereafter, the aforesaid currency numberes were handed over to the companyplainant Shri Rajendra Singh Kushwaha. At that time light was on in the office and it was about 6.45 M. Sri Bhaiya Lal Verma was sitting on the table and was talking with one person. Rajendra Singh on 2 4 1984 at 5.45 P.M. Sri Rajendra Singh companyfirmed the facts mentioned in the application moved before the District Magistrate, Banda. Sri Rishi Ram Sharma PW5 proved the sanction order Ex. Naraini Banda to record the statement of the companyplainant and to prepare the fard of currency numberes which were to be given in the bribe and thereafter the papers were to be handed over to C.O. The case was investigated by Sri Akshay Kumar Singh, the then Deputy S.P. AA/35 377745 and the other currency Note of Rs.50/ having No.3 DH 3555826 were recovered from him. On interrogation, he disclosed his name as Bhaiya Lal Verma son of Korey Lal Verma and stated his full address. Ka.9, the statement of Rajendra Singh Ex. The recovery memo Ex. On the basis of the recovery memo the case was registered against the accused Bhaiya Lal Verma for offences punishable under Section l61 I.P.C. Hence request was made that the Accountant Sri Bhaiya Lal Verma may be caught red handed while accepting Rs.150/ as illegal gratification so that the applicant may discharge his duties impartially. He further stated that he has brought one currency numbere of Rs.100/ denomination, and one currency numbere of Rs.50/ denomination, numbers of which are AA/35 377745 and 3 DH 355826 respectively. Kakkar took Rajendra Singh with him and proceeded towards the spot. F , Banda on 2 4 1984 at about 6 P.M., and handed over the application dated 2 4 1984 of Sri Rajendra Singh Kushwaha companytaining orders of the District Magistrate and Additional District Magistrate F for laying trap. Kakkar. Act Banda in Special Case No. F dated 2.4.1984 Ex. In the purse, photograph of the accused was there. He admitted that he was posted as Accountant in the office of District Agriculture and Project Officer Banda in April, 1984. The aforesaid currency numberes along with purse and the photo of the accused and the bush shirt which the accused was wearing were taken into possession by the police at the spot and the aforesaid articles were sealed at the spot. Kakkar the then C.O. The prosecution examined Sri Mithlesh Kumar Dwivedi PW.1 , Shiv Prasad PW2 , Rajendra Singh PW3 , Akshay Kumar Singh PW4 , Rishi Ram Sharma PW5 , Om Prakash Kakkar PW6 , Munna Lal Katiyar PW 7 and Ram Lakhan Gupta PW8 in support of its case. He took the stand that there was enmity between the then Plant Protection Officer, Banda who in companylusion with Rajendra Kumar Kushwaha registered the false case against him. Gupta were recovered from the purse kept in the left pocket of his bush shirt. The police party and the public witnesses heard and saw from the window that Rejendra Singh informed Bhaiya Lal Verma that he has brought Rs.150/ which he had demanded for number making recovery from him and he should accept the said amount. R.L. The sanction to prosecute the accused was granted by Sri Rishi Ram Sharma, Director Agriculture, Uttar Pradesh on 14th January, 1985. Ka.8, order dated 2.4.1984 of District Magistrate Ex. Thereafter, he kept the purse in the left pocket of his bush shirt. The then District Magistrate, Banda marked the said application to the Additional District Magistrate Finance and Revenue and ordered him to lay the trap. The High Court numbered that in the personal search one currency numbere of Rs.100/ having No. Shiva Nandan and companystables Rajendra Kumar Tiwari, Dinesh Kumar and Gulab Singh from Kutchery Chauraha with him and proceeded by jeep towards the office of District Agriculture Officer and Project Officer. Sadar in the office of A.D.M. They reached near the office and sent Rajendra Singh for giving illegal gratification. In his statement recorded under Section 313 of the Code of Criminal Procedure, 1973 in short the Code , it was his stand that Sri Ram Adhar Awasthi was dealing with files relating to recovery. Lal Mani Ram was harassing him by giving threats of recovery on the basis of fictitious bills. Gupta, the then Executive Magistrate and Additional D.M. Gupta, Additional D.M. During search, the person with whom the accused was talking before taking bribe escaped quietly from there. The recovery memo and the other papers were also filed at P.S. Ka.3 and the charge sheet Ex. Gupta the Additional S.D.M. Kotwali. He had numberconcern with the files of recovery. Sadar for laying trap. 7, bush shirt Ex.8, specimen of seal Ex.9 and the photo of the accused Ex.10 were produced in the evidence. The accused pleaded innocence. Interestingly, the suggestion made by the accused during the cross examination of PW 3 was that he had handed over the money to the accused stating that the amount is the price of ghee for the Project Officer. The recovery memo was read over to the police personnel and the public witnesses and their signatures were obtained. The fard was read over to him and his signatures were also obtained. 12 on the Photostat companyy of order Ex. As numbered above, the recovery of the money has number been disputed. The accused was companyvicted by learned Special Judge E.C. Kotwali and was lodged there. In companypliance with the order of A.D.M. They left the jeep near the Telephone Exchange. During investigation, he recorded the statements of the witnesses and prepared the site plan. Babenu. O.P. The High Courts companyclusion is that after examining the statement of these two witnesses it is apparent that numbere of these witnesses had heard any companyversation between the appellant and the companyplainant. After companypletion of the investigation, the charge sheet was filed against the accused for companymission of offences punishable under Section 161 IPC and Section 5 2 of the Act. 1, 2 3, the trial companyrt found the accused guilty and companyvicted and sentenced him as aforestated. P.S. They remained standing in the Verandah by the side of the eastern window affixed in the numberthern wall of the big room lying in the middle of the office. The High Court attached unnecessary importance to the evidence of PWs.1 2 to hold that they did number clearly hear the demand for bribe. He was also companyvicted for offence punishable under Section 161 of the Indian Penal Code, 1860 in short the IPC and sentenced to rigorous imprisonment for two years. Placing reliance on the evidence of prosecution witnesses more particularly PWs. 6 and the companyy of G.D.Ex. He examined two witnesses to substantiate his defence. Ka.11. He also took the then S.H.O. This is an indirect way of accepting that money has been received by him. He was sentenced to undergo rigorous imprisonment for two years and was directed to pay a fine of Rs.5,000/ with default stipulation. From there they proceeded towards the place of occurrence on foot. His personal search was made in accordance with rules. Dr. ARIJIT PASAYAT, J. However, in appeal, the High Court directed acquittal. Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court allowing the criminal appeal filed by the respondent hereinafter referred to as the accused . and under Section 5 2 of Act. S.D.O. It is companytrary to the evidence on record. He took them with him and gave information about his purpose. Both the sentences were directed to run companycurrently.
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2008_1050.txt
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109072 the assessee has filed a suit for rs. the liability of the other companytracting party to the assessee is yet under dispute. 94253 was due to the assessee from the other companytracting party the aforementioned sum had necessarily to be treated as the assessees income of the relevant year of account. in its return for the relevant assessment year the assessee appended the following numbere according to the assessee there is a profit of rs. 16 14 6 per maund the assessee would presume that the purchaser had accepted a settlement at that rate. on february 28 1952 the assessee sent a telegram to the purchaser that if the purchaser did number inform it within four hours that it accepted a settlement of the companytract at rs. it is number in dispute that the account of the assessee was kept on the mercantile basis. 74253 on the basis of this settlement against the purchaser after giving it credit for rs. the assessee thereupon proceeded on the basis that the purchase had been settled between the parties at the rate of rs. it is number till the assessee becomes indisputably entitled to the sum of rs. the income tax officer held that the pendency of the appeal and the dispute between the assessee and its purchaser did number prevent the income from having accrued. by the words the companypany was meant the purchaser. the assessee then appealed to the tribunal which allowed it and made the following observation the income tax officer was of the opinion that since the assessee was adopting a mercantile basis and had according to his own claim companysidered that a sum of rs. the purchaser never sent any reply to this telegram. the assessee appealed to the appellate assistant companymissioner but the appeal failed. the assessee entered into a companytract for the forward sale of certain quantity of mustard on february 5 1952 at rs. the price fell soon thereafter and the purchaser purported to cancel the companytract before the due date which was june 7 1952 but the assessee refused to accept the cancellation. he held that what was relevant was whether the transaction had been settled or number and that the assessee number only did number deny that the transaction had been settled but in fact went to the companyrt on the basis of such a settlement. the claim number having been companyplied with the assessee on april 81952filed a suit againsd the purchaser for the recovery of that amount which was decreed by the trial companyrt and at the date of the assessment order an appeal from that decision was panding in the high companyrt of punjab . 16 14 6 per maund and claimed a sum of rs. 27 8 0 per maund. 20000 due to it on anumberher account. 75000 unless the suit is decided the exact amount of profit cannumber be determined and the liability admitted by the companypany. the facts are few.
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1963_285.txt
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he is further directed to hand over the charge to the up pradhan of gram sabha asapur. the up pradhan will function as pradhan till further orders. the facts material for the purpose of deciding this appeal are these the respondent was the elected pradhan of the gaon sabha of asapur district faizabad. the sub divisional officer sadar faizabad placed him under suspension as per his order of september 18 1963.
the order in question reads as follows sri shambhoo narain singh pradhan of gram sabha and chairman land management companymittee of village asapur is placed under suspension with effect from the immediate date. the charge sheet against sri shambhoo narain singh will follow. sd s. m. abbas c.s. c. agarwal r. k. garg d. p. singh and s. chakravarty for the respondent. panchavat rai act 1947 to be hereinafter referred to as the act arises for decision. the judgment of the companyrt was delivered by hedge j. in this appeal by special leave the scope of s. 95 1 g of the u.p. civil appellate jurisdiction civil appeal number 721 of 1966.
appeal by special leave from the judgment and order dated december 9 1964 of the allahabad high companyrt lucknumber bench in special appeal number 93 of 1963.
b. agarwala and o. p. rana for the appellant. the impugned order was challenged before a single judge of the allahabad high companyrt by means of a petition under art.
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1969_369.txt
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On January 14, 1973 the appellant published in Janashakthi of which he was the Editor the same news item about the institution of the suit along with a cartoon. ten lakhs occurred both in the news item and the cartoon. 2 of 1973 in the High Court of Madras in regard to the publication in the Janashakthi dated January 14, 1973. The institution of the suit was given out as a news item on January 5, 1973 and January 6, 1973 in almost all newspapers at Madras. Ten lakhs as damages for certain alleged defamatory publications made by the appellant in a Tamil journal Kumudham. The suit was instituted on January 5, 1973. Chinnappa Reddy, J. Shri Kalyanasundaram, Editor of Janashakthi a Tamil journal and Secretary of the Communist Party of Tamil Nadu, who was severely warned by the High Court of Madras for alleged indirect Civil companytempt is the appellant in this appeal under Section 19 1 b on the Contempt of Courts Act. There were exclamation marks wherever the figure Rs. The respondent who, at that time, was the Chief Minister of Tamil Nadu filed a suit, C.S. 17 of 1973.
in the High Court of Madras claiming a sum of Rs. The respondent filed Contempt Application No. No.
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1981_381.txt
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The National Insurance Company is the appellant and the Life Insurance Corporation is the respondent. This Corporation is the well known Life Insurance Corporation. The National Insurance Company carried on life insurance business in addition to other insurance Co. business and was what the Life Insurance Corporation Act, 1956 31 of 1956 , describes as a companyposite insurer. The Life Insurance Corporation Act was passed in 1956 to nationalise the life insurance business of all insurers by transfer ring all such business to a Corporation established for the purpose. 27,99,276 FORMULA D based on annual average calculated as suggested by the Corporation of the two sums allocated as suggested by the Corporation . Under the Act a distinction was made between companytrolled business and other insurance business carried on by Insurance Companies. 39,85,812 FORMULA C based on annual average calculated as suggested by a the Company of the two sums allocated as suggested by the Corporation . 43,29,470 FORMULA B based on annual average calculated as suggested by the Corporation of the two sums allocated as suggested by the Company . In making the reference to the Life Insurance Tribunal the Life Insurance Corporation forwarded the entire companyrespondence and the calculation sheets together with other documents on which the calculation sheets were based. This is an appeal against the order of the Life Insurance Tribunal, Nagpur, dated December 12, 1952, by which a dispute about companypensation payable to the National Insurance Company by the Life Insurance Corporation on the taking over of the life business of the former was decided. These calculations lead to the following different results FORMULA A based on annual average calculated as suggested by the Company of the two sums allocated as suggested by the Company . Another appeal was filed by the Life Insurance Corporation against the same order but was number pressed at the hearing. 27,99,275 was claimed as companypensation was turned down by the Life Insurance Corporation and,the dispute therefore stood referred to the Tribunal. 56,36,815 1946 50 and Rs. The surplus allocated to the shareholders was Rs. Controlled business meant life insurance business from a date to be fixed by numberification in Gazette called the appointed day all the and on and the Official assets and liabilities of appertaining to the companytrolled business of all insurers were transferred to and vested in the Corporation. 20 12,81,841 4,35,182 x 1.38970857 years years Rs. 87,03,650 1951 53 according to the Company based on the abstracts with the aforesaid additions. 70,21,280 1951 53 according to the Corporation based on Form I Part 11 4th Schedule and Rs. 87,03,650 1951 53 . A request for reconsideration of the matter made by the National Insurance Company by a letter dated May 9, 1957, in which a sum of Rs. 4,08,456 1946 50 and Rs. The Company on the other has four alternative modes of calculation. 81.841 20 35,182 x 1.38970857 5 years 3 years Rs. Appeals by special leave from the Judgment and order dated December 12, 1957, of the Life Insurance Tribunal, Nagpur in Case No. 20 2,81,841 4,35,182 x 1/2 x 1.389708,57 3 years 2 years Rs. The Corporation adds the two surpluses deemed to be allocated to the share holders and divides the result by eight years, that is to say, the sum total of the two investigation periods of five and three years. Two such modes are based on the basis of allocation to 3 and 2 years as stated by the companypany and two on the basis of the allocation to 5 and 3 years as stated by the Corporation. 41,44,686 1945 50 and Rs. The Tribunal accepted the larger figures for the two periods and the appeal of the Corporation was filed to question this part of the decision. The figures for the two actuarial investigations were therefore these Rs. This companytroversy need number be decided because the Corporation did number press its appeal before us and the basic figures are thus Rs. In the two investigation periods the total surplus was respectively Rs. 9/XVI A of 1957. One valuation period companyered five calender years 1946 1950 and the other three calender years 1951 1953. In addition the Company claimed interest at six per cent. Both sides claim to calculate the average on different principles. per annum from the appointed day September I., 1956 or at least from the date the companypensation wrongly determined was offered to the Company, namely, February 14, 1957. 552/60 . 551/60 . 552160 and the respondent in C. A. C. Setalvad, Attorney General for India, V. Viswanatha Sastri, S. N. Andley, Rameeshwar Nath and L. Vohra, for the appllant in C. A. No. This date was September 1, 1956. 551 and 552 of 1960. T. Desai, S. J. Banaji and K. L. Hathi for the appellant in C. A. 551160 and the respondent in C A. December, 11. CIVIL APPELLATE.JURISDICTION Civil Appeals Nos. The judgment of the Court was delivered by HIDAYATULLAH, J.
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1962_279.txt
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This was in companytrast to the case of the petitioner which was that he had succeeded Dharmanand. The petitioner claimed that he was the guru bhai of late Mahant Dharmanand and that during the lifetime of Amritanand, the names of Dharmanand and the petitioner were included in the ration cards. The Collector numbered that the petitioner, during the companyrse of his cross examination had numberknowledge of when Dharmanand was murdered. He had numberinformation on the establishment of the Ashram number was he aware of the persons who resided with Dharmanand. Firstly, the Collector numbered that the petitioner staked a claim to succession on the basis that as the guru bhai of Dharmanand who was a sanyasi, he had stepped into his shoes under the customs of the sect. The evidence of DW2 Krishnanand was that after the death of Amritanand it was the petitioner who became the Mahant. The Tehsildar in a report dated 26 August 2004 stated that the name of Dharmanand was entered in the revenue records since 2004. DW3, Swamy Gyananand stated that after the murder of Dharmanand in May 2004, the last rites were performed by his brother whereas according to the petitioner, they were performed by other saints. 3878 of 2009 2 In the present case, proceedings were initiated before the Collector on a report submitted on 4 August 2004 by the Inspector in charge Kotawali, Haridwar stating that Mahant Dharmanand, a disciple of Amritanand resident of Pili Kothi Bhopatwala, Pargana Jwalapur, District Haridwar was murdered by unknown persons and numberdisciple or successor of the deceased was reported. The Collector also numbered that the proceedings register which was produced by the petitioner companytained material omissions and had blank pages. The Collector numbered in his order that among the applications received in response to the numberice was one by a person by the name of Dayasagar stating that the saints of the Chidanandji Sect are the true and lawful heirs. Velji Digitally signed by ASHOK RAJ SINGH Date 2017.09.22 165921 IST Reason Devshi Patel v Collector, Haridwar1. The ration card which the petitioner produced was found to have several interpolations which cast serious doubt on its authenticity. The decision on the first has been dealt with in the judgment delivered today in Signature Not Verified Kutchi Lal Rameshwar Ashram Trust Evam Anna Kshetra Trust Thr. 4 The Collector has basically entered two findings in his impugned order. Dr D Y CHANDRACHUD, J 1 In the writ proceedings before the High Court of Uttarakhand, an order dated 1 September 2005 of the Collector, Haridwar was challenged. The Tehsildar opined that there being numberlegal heir, the property stands vested in the state government by escheat. The petitioner was one of the two accused put up for trial in Sessions Trial No. 3 Notices were published in the newspapers by the Collectorate, calling for objections. 1 Civil Appeal No.
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2017_404.txt
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She was burnt to death. The report Ext. As regards Anita, the report Ext. I saw my wife and daughter were burnt to death. On 21.09.2000 at about 911 p.m. a report Ext. P 6 and P 7 were prepared regarding the bodies of Anita and Ekta and they were sent for autopsy. P14 to P19, it is very clear that the deaths of Anita and Ekta were number as a result of burn injuries. Photographs of the bodies Exts. Hair of head pubic area are partially burnt and axillary hair are totally burnt. P 2 was received from PW2 Rakesh Agrawal, brother of deceased Anita that his sister and niece were burnt to death that his sister was being harassed for dowry and that the respondent and his family members were responsible for the deaths of his sister and niece. Inquest Reports Exts. S. Patan Sir, Most respectfully I submit that my wife burnt to death this evening on 5.30 p.m. The respondent was companyvicted by the Trial Court under Sections 302 and 201 IPC for having companymitted murder of his wife Anita and daughter Ekta and was sentenced to undergo life imprisonment for the offence under Section 302 and 3 years RI for that under Section 201 IPC in Sessions Case No.62 of 2000. The charges were framed against the respondent, his mother Narangi Devi and brother Vinod Kumar for the offences under Sections 498A, 302/34, 201 IPC while his other brothers Mukesh Kumar, Moolchand and Mahesh Kumar were charged for the offences under Section 201/511 IPC. P 14 to P 19 were also taken and site plan Ext. Having gone through the post mortem report, the testimony of PW10 Dr. Surendra Kumar Meena and the photographs Exts. The whole body has burns Post mortem in nature except back of trunk and hips. My mother and younger brothers wife had gone to our house in Bihar. Burns limited upto skin only. On the next day at about 615 a.m. a written report Ext. They died of strangulation and their bodies were sought to be set afire in order to create an impression as if they had died of burn injuries. In DB Criminal Appeal No.20 of 2002 preferred by the respondent, the High Court of Judicature for Rajasthan at Jaipur by its judgment and order dated 07.03.2006 acquitted him of the charges under Sections 302 and 201 IPC but companyvicted him under Section 306 IPC and sentenced him to undergo 5 years RI, which judgment is under challenge in this appeal by Special Leave. My wife was half mad. The above report is produced. The medical evidence on record is very clear and precise that deaths were as a result of strangulation. Sd Yours Ramanand Agrawal S o Shri Vishashwar Dayal S. Dabla The aforesaid report was registered in the Case Diary and appropriate steps under Section 174 Cr. The respondent, being aggrieved filed DB Criminal Appeal No.20 of 2002 in the High Court which found that charge under Section 302 IPC was number established against the respondent. P 21 at the place of occurrence was also prepared. I was at my shop and my brother was also there. P 2 was received by PW15 ASI Rajendra Singh, pursuant to which crime was registered and investigation was undertaken. My marriage took place some 10 years ago on 21.09.2000. The post mortem on the bodies was companyducted by a Board companysisting of three doctors. Relying on the decision of this Court in Sumer Singh v. Surajbhan Singh1 Mr. Sushil Kumar Jain, learned Senior Advocate appearing for the respondent companytended that he was entitled to submit that the respondent ought to be acquitted of all the charges. No smell like kerosene like substance. were taken by PW14 Tulsi Ram who at the relevant time was Incharge of Police Station Patan. When the smoke arose in the house and sounds of the crying came out of the house, the neighbour came running to my shop and informed me. I went to the house, went up the stairs and pushed the door open. Face is swollen. Uday Umesh Lalit, J. After companypletion of investigation, charge sheet was filed against six persons including the present respondent. The respondent having remained in custody for more than five years and four months, the sentence was reduced by the High Court to the period already undergone. This appeal, at the instance of State of Rajasthan challenges the companyrectness of the decision of the High Court. D 1 was lodged by the respondent to the following effect To The S.H.O. The finding by the trial companyrt was therefore companypletely companyrect. P.C.
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2017_149.txt
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32 of the Constitution a numberice of demand issued by the Dehri Dalmianagar Notified Area Committee demanding Rs. On March 4, 1957, the Governor of Bihar sanctioned the imposition by the Dehri Dalmianagar Notified area Committee of the tax on trades, professions, callings and employments. 100/ on account of Profession Tax levied under the Bihar and Orissa Municipal Act, 1922 B. 32 of the Constitution of India for the enforcement of fundamental rights. 194 of 1966. Petition under Art. In this petition under art. Sen and K. K. Sinha, for the petitioner. 0. P. Jha, for the respondents. ORIGINAL JURISDICTION Writ Petition No. The Judgment of the Court was delivered by Sikri, J.
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1967_272.txt
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After the matter was remanded to the Competent Authority and Deputy Collector Urban Land Ceiling , Bhavnagar, Gujarat for re determination of the ceiling limit of land of the respondent, the Urban Land Ceiling and Regulation Repeal Act, 1999 came into force. The order passed by the Competent Authority at Bhavnagar respondent No.1 herein on 27th March 1987 under section 8 4 of the Act at Annexure E to this petition as affirmed in appeal by the appellate order passed by the Urban Land Tribunal at Ahmedabad on 29th February 1988 in Appeal No. O R D E R CIVIL APPEAL NO.4261 OF 2001 This appeal has been filed against the judgment and order dt.12.02.1996 passed by the High Court of Judicature at Ahmedabad in SCA No.2667/1988 which reads as follows In the result, this petition is accepted.
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2008_343.txt
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But the Income tax Officer made a provisional assessment and companyputed the tax on the total income of Rs. The following chart sets out the income or loss returned by the Company for the years 1954 55 to 1964 65 and the income or loss companyputed for the years by the Income tax Officer on assessment Year of Income or loss returned Income or loss companypu Assessment by the Companyted by the1. For the assessment year 1964 65 the Company returned a net income of Rs. In its return of income for the assessment year 1963 64 the Company claimed to set off against the income returned Rs. For the year 1965 66 the Income tax Officer demanded payment of advance tax on the provisional assessment for the year 1964 65. For the same reasons in making the provisional assessment for the year 1964 65 the Income tax Officer was number entitled to ignore the claim made by the Company that against the income of Rs. The Income tax Officer made a provisional assessment of tax under s. 141 of the Incometax Act, 1961, and against the income returned by the Company he allowed deduction of Rs. 59,89,757 returned, Rs. 26 of 1965, for an order quashing the demand of tax and for an injunction restraining the Income tax Officer from enforcing the demand. 51 of 1964 in the High Court of Rajasthan and challenged the order claiming that the Income tax Officer was bound to accept the return made by the Company and companyld number assess it to tax on income number admitted. For the assessment year 1965 66 the Income tax Officer relying upon s. 210 3 of the Act called upon the Company to pay Rs. The Company moved petition No. 59,89,757 returned by the Company without allowing any deduction claimed and ordered the Company to pay an additional amount of Rs. The order demanding tax of Rs. 8,73,873 as tax provisionally due and Rs. 36,01,735 as loss of the previous years and paid Rs. 1,03,03,935 being the aggregate amount of loss which it claimed it had suffered in the previous years and was entitled to set off against the income of that year. 29,45,365 25 as advance tax. 1961 62 66,086 Loss 1962 63 44,93,236 Profit 1963 64 7452402 Profit 1964 65 59,89,757 Profit Against the orders of assessment made by the Income tax Officer for the years 1954 55 to 1959 60 determining its net income or loss as set out in the chart the Company appealed to the Appellate Assistant Commissioner, and the appeals were pending at the dates of companymencement of the petition, in the High Court of Rajasthan which give rise to the proceedings in this Court. From time to time the Company filed its returns under the Income tax Act, 1922, and after the repeal of that Act under the Act of 1961. 59,89,757 as profit, and claimed to set off against that amount Rs. 12,12,596 65 as tax due by it in accordance with s. 140A 1 of the Act. Against that order the Company moved petition No. 39,89,731 as loss carried forward from the earlier years, and made a demand for Rs. Assessments for the years 1960 61, 1961 62, 1962 63, 1963 64 and 1964 65 were however then number companypleted. 51 F of 1964, and 26 and 67 of 1965. 36,01,735 should be permitted to be debited. 67 of 1965 in the High Court of Rajasthan, for an order quashing the demand. The Judgment of the Court was delivered by Shah, J. Jaipur Udyog Ltd. a Company registered under the Indian Companies Act, 1913, established in 1953 a cement factory at Sawai Madhopur in the State of Rajasthan. 17,32,768 60. 87,387 as penalty for default in companypliance with the demand. Against the orders passed by the High Court, these three appeals have been preferred by the Company. 586588 of 1967. Appeals from the judgment and order dated April 20, 1965 of the Rajasthan High Court in D.B. C. Chagla, Bishambar Lal, H.K. T. Desai, N.D. Karkhanis, R.N. Puri, M.K. 103 lakhs odd was liable. Garg and K. Jain, for the appellants. Civil Writ Petitions Nos. Sachthey and B. D. Sharma, for the respondents. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. to be rejected.
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1968_340.txt
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The letter of resignation was sent to the Chairman of the Institution. In the wake of these companyplaints, the appellant tendered companyditional resignation on 16th August, 1998. That was responded by the Institution by the companymunication dated 9th December, 1998 and accepted the resignation and relieved the appellant. Thereafter, on 11th December, 1998 the management revoked the letter dated 9th December, 1998 accepting the resignation of the appellant. The resultant position is that numbermally he shall be treated to have restored to service as the management has declined to accept the companyditinal resignation. The letter of resignation dated 16th August, 1998 reads as under Due to the various allegations levelled against the institution, the charges are orally levied upon me. It was alleged that since the allegations have been levelled against him and he want to be absolved of the allegations, he tender his resignation from the post and after an inquiry is held and he is exonerated, he may be reinstated. Till the time of companyclusion of appropriate inquiry into the said charges, I 3/ 3 am tendering resignation from my post. 1 and 2 were directed to reinstate the appellant as an Assistant Teacher with effect from 1st September, 1998 with full backwages. 1 and 2 of number allowing the appellant to join duties by the end of the August, 1998 is hereby set aside. This appeal by special leave is directed against the judgment and order dated 10th June, 2003 passed by the learned Single Judge of the High Court of Judicature at Bombay in Writ Petition No.6046 of 2002 whereby the High Court has set aside the order of the Tribunal and held that once the petitioner has sent the letter of resignation and the same has number been withdrawn, therefore, it becomes final and the view taken by the Tribunal was number companyrect. The brief facts which are necessary for the disposal of this appeal are that the appellant was appointed as Assistant Teacher in the Balaleshwar Shikshan Mandal against a clear and permanent vacancy on probation. Certain companyplaints were received against the appellant from the students regarding his misbehaviour. The appellant did number approach the management and filed a petition before the School Tribunal, Pune Region and the Tribunal by its order dated 25th June, 2002 allowed the appeal of the appellant and ordered that the impugned action of Respondent Nos. Hence the petitioner has approached this Court by way of a special leave petition challenging the order of the 2/ 2 learned Single Judge dated 10th June, 2003. If I am found innocent then I shall be given an opportunity to discharge my duties. Aggrieved against this order the petitioner filed a Letters Patent Appeal but it was rejected on the ground that it is number maintainable. The Respondent Nos. We have heard learned companynsel for the parties. Leave was granted by this Court.
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2008_1110.txt
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An amount of USD 6.00 million was advanced to Oswal Agro by Indo Europe which was liable to be adjusted against bills of Oswal Agro on export of agro products by Oswal Agro to Indo Europe. Oswal Agro furnished a Bank Guarantee of Indian Bank to the extent of USD 6.00 million, in favour of Indo Europe to companyer the advance made by Indo Europe. The numberice of assignment of Bank Guarantee given by Indian Bank in favour of Indo Europe to the appellant Punjab National Bank was intimated to the Indian Bank. M s. Indo Europe Foods Ltd. was also impleaded as respondent No. It appears that in 1986 the companytract between Oswal Agro Mills and Indo Europe came to an end, as a result of which on 14.8.1986, the Punjab National Bank invoked the Bank guarantee as assignee of Indo Europe, requiring Indian Bank to pay USD 52,37,284.54 as balance of unrecovered advance. 2 M s. Indo Europe Foods Ltd. has been impleaded as Proforma Respondent in this appeal. The Bank guarantee date February 3, 1983 was executed by Indian Bank in favour of Indo Europe Limited, who is the beneficiary of the guarantee. The amount having number been paid, the Punjab National Bank ultimately filed a suit against the Indian Bank and M s. Indo Europe Foods Ltd. impleading them as Defendants No. As a brief background, to better understand the companytroversy involved, it may only be indicated that a companytract was entered into between Oswal Agro Mills Limited and Indo Europe Foods Limited of United Kingdom. 1 Indian Bank and wherever the word USD has been used it stands for U.S. The main companytesting respondent is Indian Bank and respondent No. The respondent Indian Bank filed a writ petition challenging the order of the Debt Recovery Appellate Tribunal. The following prayers were made as per paragraph 50 of the plaint which is quoted below The plaintiff prays for a decree against the defendants jointly and severally for Rs. The suit was decreed but the decree did number indicate the rate of companyversion. The reference of respondent wherever made in this judgment is for respondent No. The dispute brought before this Court by means of instant appeal relates to refusal to allow amendment of the plaint, in the suit for money decree filed by the appellant against the respondents in Delhi High Court, which, later on has been transferred to the Debt Recovery Tribunal, Delhi. Dollars. Brijesh Kumar, J. 2 in the Writ Petition. 1 and 2 respectively.
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2003_252.txt
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Writ Petition No.65813 of 2006. While issuing a limited numberice on the special leave petition, the following order was passed Learned senior companynsel for the petitioners submits that although the respondent landlord had offered two shops to the petitioner tenants, but that offer was refused by them. O R D E R SPECIAL LEAVE PETITION No.8146 of 2007 This special leave petition is directed against the judgment and final order dated 7th of December, 2006 passed by the High Court of Judicature at Allahabad in Civil Misc. On 17th of May, 2007, a limited numberice was issued.
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2008_397.txt
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8430, 8330 9521 29, 2497 2500, 8274 8275, 7437 38 OF 1981 AND C.A. 3191, 3192 93 OF 1981. WITH WRIT PETITION C NOS. NO.
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1996_128.txt
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20,000/ allowed to Sankaran the appellant would give a letter of guarantee to the Bank. 20,000/ 1 will assume, by Sankaran and the letter of guarantee was accepted by the Bank. The Bank required a guarantee in the form which was handed over to the principal debtor, Shankaran. The appellant agreed to stand surety for an overdraft allowed by the respondent Bank to the principal debtor, Shankaran. The suit against the appellant was based on a letter of guarantee dated May 24, 1947. A. Seyid Muhammed for the respondent. 19 of 1956 T .
N. Subramania lyer, R. Mahalingier and M.R. 25,000/ and this figure was later altered to Rs.20,000/ without the companysent of the appellant. It is number necessary for me to give the facts of this case as they are set out in detail in the judgments of my learned brethern Sarkar Hidayatullah, JJ. 131 of 1961. Krishna Pillai, for the appellant. In this view of the matter the High Court, relying on the principle companytained in s. 87 of the Negotiable Instruments Act, 1881, passed a decree against the appellant. Appeal from the judgment and decree dated September 30, 1957, of the Kerala High Court in Appeal suit No. September The judgment of the Court was delivered by KAPUR, J. The appellant has companye up to this Court in appeal against the judgment of the High Court. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1962_347.txt
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Kundan Singh gave a lalkara and Gurbachan Singh thrust his Barchha into the chest of Karnail Singh. Jagga Singh then abused Karnail Singh who responded with an abuse. Jagga Singh inflicted some injuries on Balkar Singh. Thereupon, Kundan Singh and Pala Singh caught hold of Karnail Singh and threw and held him down on the ground. It was alleged that, some time before the occurrence, Kundan Singh and Jagga Singh had, under the effect of liquor, abused Karnail Singh deceased who lived quite close to the house of Gurbachan Singh. The State had appealed against the acquittal of Kundan Singh, Pala Singh, and Jagga Singh who were companyvicted by the High Court under Sections 323/34 I.P.C. We are number companycerned here with the case of Kundan Singh, Pala Singh, and Jagga Singh who have number appealed, but only with Gurbachan Singhs appeal by special leave. It is alleged that just before the occurrence under companysideration, Kundan Singh and Jagga Singh, accompanied by Pala Singh, had companye in front of Karnail Singhs house and hurled challenges and abuses at Karnail Singh who came out and asked them number to desist from abuse and to leave the place. It was alleged that they had, in furtherance of a companymon intention, attacked Karnail Singh on 17 9 1966 and Nishan Singh and Balkar Singh. 3, the sons of Karnail Singh, armed with lathis, came out and started attacking Kundan Singh. In the circumstances, Gurbachan Singh had numberjustification whatsoever for thrusting his spear into Karnail Singhs chest. The learned Sessions Judge had acquitted Kundan Singh and Pala Singh but companyvicted Gurbachan Singh alone under Section 302 Indian Penal Code and sentenced him to life imprisonment. Karnail Singh had died of his injuries on 18 9 1966. Karnail Singh, an old man was trying to get up when Gurbachan Singh, appellant, suddenly appeared with a Barchha. Beg, J. Gurbachan Singh, appellant, his brother Kundan Singh, his nephew pala Singh, and one Jagga Singh, said to be a companysharer in cultivation with Kundan Singh, were tried by the Sessions Judge of Hissar on charges framed under Sections 302/34 and 323/34 Indian Penal Code. Gurbachan Singh had appealed against his companyviction to the High Court but had failed. The prosecution witnesses Gurdip Singh and Mota Singh also reached the spot. 1, and Balkar Singh, P.W. In the meantime, Nishan Singh, P.W. He had sustained a stab wound 21/2 cm x 11/2 cm in the front of his chest on the left side, 5 cm below the left nipple which pierced his abdominal peritoneum. and sentenced to two months rigorous imprisonment each. These were the facts found by the High Court as well as the Sessions Court.
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1973_364.txt
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Ramsarup P.W. Others in the mob shouted that Ramakant was dead. P.W. It imagined that Ramakant was killed prior to the pacification of the mob by P. Ws. 22 then took Ramsarup Singh, P.W. 21 and 22 had suppressed the truth and that the 12 accused might have broken away from the mob, and by outflanking the bigger mob went and killed Ramakant. Ramadya Singh P.W. Shyamdev Singh P.W. Ramsarup Singh on. that out of the 12 persons in the mob, crying for the blood of Ramakant, one, namely, Bhagirath darted out and attacked the deceased. According to P.W. 16 and P.W. 21 and Shyam Deo Singh P.W. The evidence of the eye witnesses P. Ws. P. Ws. iii The prosecution case that the mob came from the numberth east and Bhagirath out of the mob rushed at Ramakant and gave him the fatal blow, is rendered highly doubtful, if number incredible, by the evidence of the Block Development Officer P.W. The companyduct of Ram Sarup and his companypanion witnesses in number denouncing Bhagirath as the assailant, before P. Ws. Ram Swarup P.W. Bhagirath had instituted a criminal case in the Sadanandpur Gram Kutchery against P.W. But, in its opinion, this circumstance did number furnish a motive for false implication of Bhagirath by Ramsarup P.W. 9 , Ramlakhan Singh P.W. 10 , Gumju Singh P.W. 9 the Block Development Officer PW 21 had number mentioned Bhagirath as the assailant of Ramakant, though he claims to have learnt before writing the report that Bhagirath was being denounced as the culprit. None of the eye witnesses denounced Bhagirath as the assailant of Ramakant when the Block Development Officer and the Investigating Officer reached the spot about 15 or 30 minutes after the occurrence. 21 and 22 inasmuch as they had stated that in their presence, numberclash between two mobs took place and that the mob had been successfully dispersed by them before the occurrence. Ramakant deceased was a supporter of Navalkishore while the appellant was an election worker of Vidyapati Singh. 5 , Bindeshwari Singh P.W. If the murder of Ramakant had been companymitted by a person out of the mob, it companyld number escape the numberice of PWs. 11 , Rameshwar Singh P.W. 21 did number mention as to who had assaulted or attempted to assault Ramakant. It further surmised that there was numberhing improbable that the appellant along with 11 others by outflanking the bigger mob went and killed Ramakant. 21 and 22. On the other hand, P. Ws. P. 1 in the presence of Ramsagar, P.W. 13, the star witness of the prosecution had a possible motive to falsely implicate Bhagirath. These witnesses purposely changed their previous statements f all the eye witnesses have suppressed the fact that a mob of 50 or 60 strong was poised for a clash with the bigger mob of 300 strong v It companyld number be said that these eye witnesses had numbermotive to falsely implicate the accused because Ramsarup Singh had borrowed money from Bhagirath on the basis of a hand note and it is probable that he was annoyed with Bhagirath because of the demands for repayment of the same. 750/ to Bhagirath which he had taken as loan on the basis of a handnote. 21 and 22, that when they went to the spot where the dead body lay, the P. Ws. 21 and Police Sub Inspector Shyam Dev Singh P.W. He rushed towards Ramakant and struck him with the saif in the inguinal region on the right side. When it was pointed out that the evidence of P. Ws. It did number accept the testimony of P.W. 5, 9 to 13, then P. Ws. These two officers rushed towards the mobs and were successful in pacifying and dispersing the same. Soon after the close of the polling, a mob of 250 300 armed with lathis, Bhalas, Pharsas and Saifs was seen companying from the numberthern side towards the Rahatpur Thakurbari a temple which is situated on the South East of the school, A group of twelve persons out of the mob surged ahead yelling that Ramakant was the mischief monger and should be dealt with. 13 removed the dead body with the help of the P.W. The High Court did number reject the defence plea that Ramsarup P.W. 22 . 7, Mahendra Prasad, P.W. 13 , because Bhagirath would number have demanded repayment of loan only six months after its advance and even if it was demanded it was highly improbable that P.W. 21 there were two mobs, one 200 to 300 strong advancing rapidly from the numberthern side towards the trees east of Thakurbari and another mob of about 50 to 60 strong facing South. 11 and 13 have suppressed the fact that the Block Development Officer had seen, pacified or dispersed any mob, although before the Police four of them, namely P. Ws. Dr. Rajendra Prasad, P.W. As a result as deposed to by the Presiding Officer, P.W. 5, 9, 10 and 12, had stated that after the occurrence the accused joined the main mob and raised Hulla and then the Block Development Officer along with the military police pacified the mob and prevented further incident. Vidyapati Singh of village Rahatpur and Naval Kishore Singh of Village Sadanandpur were the rival candidates at the election. In support of this companyclusion it referred to P.W. Even so, Ram Sarup or his companypanion witnesses, though present, did number denounce Bhagirath as the assailant before those Officers at the spot, number told them how the occurrence took place. The assailant then re joined the big mob which retreated towards the Darwaja of the appellant raising a Hulla. 21 and 22 came to the place. In his report which he wrote on returning to the School building P.W. At the trial, Bhagirath denied the prosecution allegations against him and alleged false implication by Ram Sarup and other P. On receiving the blow Ramakant fell down near the mango tree bleeding profusely. P. 12 and sent it to police station Balliya for registration of the case, P.W. At the trial, the prosecution examined 22 witnesses out of whom PWs. Ram Sarup wants to have it believed that it was about half an hour after the occurrence that P. Ws. Before the High Court it was companytended by the defence that the prosecution story, that 12 persons surged ahead from a mob of 250 or 300 persons, shouting to kill Ramakant, was a subsequent improvement, as it did number find mention in the First Information Report. If the occurrence had taken place in the manner deposed to by P. Ws. 12 towards the South of Thakurbari, about 12 laggas 35 yards away, as they feared that the mob might try to carry it away. The deceased and the eye witnesses all belonged to Baba Ghar family while the accused, including Bhagirath, belonged to Tinkhuti family The evidence of all the eye witnesses disclosed a suspicious uniformity and appears to be mechanical. The main reasons given by the trial companyrt for holding these witnesses to be unreliable were these i The story propounded by these witnesses that all the twelve accused were shouting that Ramakant should be killed as he was the real mischief monger was highly improbable because a The rival candidates. 5, 9, 10, 11, 12 and 13 claimed to be eye witnesses of the occurrence. Therefore there was absolutely numberoccasion, cause or, motive, for a mob to companylect and for the 12 accused to join hands to, kill Ramakant, even if the latter had canvassed for Navalkishore Singh b If as the prosecution story goes all the 12 accused armed with lethal weapons, crying for the blood of Ramakant, had rushed together to attack him, there should have been more than one injury on the deceased ii There were multiple tears, besides a rent companyresponding to the size of the wound, in the Dhoti of the deceased. 21 and 22 also should have been eye witnesses of the fatal assault but their version is that numbersuch assault took place in their sight and presence. It did number accept the sworn word of the Investigating Officer, P.W. 22 that on the date of the poll, he had seen Vidyapati Singh candidate , Bhagirath appellant and other persons going about in a jeep, requesting people with folded hands number to disturb the peace. Further, the High Court doubted the evidence of P. Ws. 21 and 22, at the spot, also leads to the same inference. 13 instead of being obliged after receiving the loan, would have falsely implicated the respondent Bhagirath . 22 who were there to maintain peace at the election, reached the spot. The inference is that he failed to name the assailant of Ramakant because upto that time the prosecution case had number taken shape and he was number sure as to who was the assailant of the deceased. 5, 9, 10, 11, 12 and 13, was that it stood substantially companytradicted by the evidence of P. Ws. 750/ which Ramsarup Singh had taken from him on the foot of a promissory numbere. About 15 or 30 minutes thereafter Parmanand Thakur, Block Development Officer P.W. Thereupon Sub Inspector Raj Narain, P.W. Ws.,
who, according to him, were all Gothias of Ram Sarup Singh. 21, the polling was throughout peaceful. The High Court tried to discount this by saying that P. Ws. Bidyapati and Navalkishore on the polling day took their lunch together and were also moving round in a Jeep together with Bhagirath appellant, appealing with folded hands to the people to maintain the peace. 12 6 1965 Ramdev accused had brought a criminal case against Ram Sarup PW and his son, following a boundary dispute Ram Kishan accused had brought an arson case against Ramsarup As admitted by P.W. The very fact that the assault on the deceased did number take place within the sight of these two officers, indicates that it had taken place in some other manner iv At the trial, all the eye witnesses except P. Ws. 5, 9, 10, 11, 12 and 13 , according to the High Court in so far as the infliction of the injury on the deceased with saif was companycerned was acceptable, as it had been companyroborated by the evidence of the Doctor who had performed the post mortem examination of the body of Ramakant. It observed It is admitted case of the parties that they P. Ws. The High Court did number attach any importance to the version of P. Ws. The other eye witnesses were also of a similar brand. In the meantime, Shyam Dev Singh PW 22, companyducted the investigation at the spot. 21 and 22 runs companynter to the story told by other eye witnesses, the High Court tried to overcome this difficulty by resorting to speculation. Village Rahatpur was within the jurisdiction of that Panchayat. He further stated that Ram Sarup Singh was inimical towards him because he was pressing for repayment of a loan of Rs. 22 that the rival candidates and others had taken their lunch together on the day of the poll, at the house of Naval Kishore Singh. The High Court companycluded that even if the prosecution case with regard to all the 12 accused persons charging at Ramakant, crying for his blood, is disbelieved, then also their entire evidence companyld number be rejected by applying the maxim falsus in una falsus in omnibus. The reason given for ignoring these obvious improvements was that the version of the eye witnesses, at the trial, was companysistent on this point, When it was urged on behalf of the accused that numbermotive to single out Ramakant for the assault had been established, the High Court brushed it aside with the observation that it is well established that the motive loses its importance when there is positive evidence on the record. 5, 9 to 13 were, as rightly pointed out by the trial Court, all highly interested witnesses. 21 and 22 were made incharge to maintain law and order during the election. The occurrence took place at about 4 P. M. The Fard Beyan, Ex. S. Sarkaria, J. Bhagirath Singh aged 46 years, and 11 others of village Rahatpur were tried by the Additional Sessions Judge, Monghyr under Sections 302, 302 read with 149 and 148, Penal Code. One of the polling booths was located in the eastern most room of the school building at Rahatpur. 21 and 22 were responsible Government servants who were at the spot on official duty. As already numbericed, one of the main reasons given by the trial Judge for disbelieving the story propounded by the eye witnesses, PWs. 12 and others, who were witnessing the occurrence went close to the deceased and found him dead. They were disinterested and independent witnesses. The defence suggestion was that numbere of the six eye witnesses examined by the prosecution had seen the assault on the deceased, who had received that injury in a sporadic quarrel with some person after a scuffle. 22 then returned to the scene of occurrence and prepared the Inquest Report Ex. 12, is alleged to have been written at 5 P. M. It was number written at the very spot but in the secrecy of the School. 1/1 and sent the dead body in the jeep of Naval Kishore Singh to Bagu Sarai Hospital. though present, did number, there and then, tell these officers about the name of the assailant. The prosecution never said that the witnesses had turned hostile. The prosecution story so far as it can be gathered from somewhat discordant material on record, is that on June 17, 1965, a poll was being held in village Rahatpur for election to the office of Mukhia of Sadanand Gram Panchayat. He was armed with a saif. 13, into the School building and there recorded his statement Fardbeyan Ex. He removed blood stained earth from two places, one from near the mango tree and the other from the place where the dead body lay towards the south of Thakurbari vide seizure memo Ex. 13, owed Rs. 17, who companyducted the autopsy, found only one injury on the deceased. It characterised this version as highly improbable and against human companyduct. The body reached the Hospital at 5.00 p. m. The Medical Officer PF 17 sent information about its arrival to Begu Sarai Police Station. 10, the Bahans of the village were divided into two families. He had companye to the village to maintain law and order at the polling. In its opinion, this fact had been suppressed because the fard biyan had number been recorded till then. That report is companyspicuous by the number mention of the name of any accused. 8, and others. is said to have been registered in the Police Station at 8 P. M. The F.I.R. The death, in the opinion of the Doctor, was due to haemorrhage and might have occurred within 10 minutes of receiving the injury. 21 said that he omitted these facts from his report because he thought it was number necessary. 22 who had stated in cross examination that the usual practice was to write the diary after the recording of the fardbiyan. Inquest Report Ex. In such circumstances, it is natural that they would try to minimise about any untoward happenings in the election. In saying so, the High Court was number on firm ground, but in the realm of companyjectures. After companysidering and weighing the reasons, summarised above, given by the trial companyrt and the High Court in support of their respective orders, we are of opinion that this was a case in which the High Court should number have, in keeping with the settled rule of practice, interfered with the order of acquittal. Similarly, numberimportance was attached to the omission in the F.I.R. Some of the reasons given by the trial companyrt are difficult to dispel. The High Court has dealt with these reasons and tried to dispel them. It was a sharp cut penetrating wound, 1 x 1/3 x muscle deep, on the front of the right thigh two inches below the mid inguinal point. The inner half of the femoral artery and the outer three fourth of the femoral vein and the pestiferous muscles were found cut. The trial companyrt examined the evidence in detail and found it unworthy of credit. 2, came to the Hospital and prepared another? These numerous tears companyld number have been caused by a single trust of the weapon which caused the fatal injury. therefore was number a spontaneous report. The polling started at 8.00 a.m. and closed at 4 p.m. They also had a hostile animus against Bhagiraths companyaccused. They never cross examined them to impeach their credit. The formal F.I.R. The appellant was the spearhead of that group. While the view taken by the High Court is also a possible view. The State carried an appeal against that order of acquittal to the High Court of Patna. This is numberexplanation. There was great force in this reasoning. The companytention was rejected. They were acquitted. Hence this appeal by him.
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1975_496.txt
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They, by job work, manufacture companynecting rods for diesel engines and tractOrs. The respondents are engaged in processing forgings supplied to them into companynecting rods of different sizes as per the requirement of the suppliers by job work. The raw material after having undertaken all the above processes emerges as a finished product known as companynecting rods. The question is regarding assessment of duty payable on these companynecting rods. After the raw material in the form of companynecting rod forgings is received by the respondent the following process is applied on those forgings, namely, 1 Boring 2 Knotching 3 Facing 4 Gun metal bush processing for small ends 5 Fine boring cutting etc. 3075 of 1979, which was disposed of by a Divisional Bench on 6th November, 1981. The Division Bench gave the following direction The respondents are directed number to act upon the letter dated 7th September, 1979 and to include only the job work charges for the purposes of calculation of the aggregate clearance of the petitioners under the numberification dated 1st March, 1979. In reply to the said letter the Assistant Collector, by his letter dated 7th September, 1979 informed that the decision of the Superintendent is companyrect as per law. and 6 Oil hole drilling. There is numberdispute that the respondents are a small scale industry. They, therefore, desired to know whether the stand taken by the Jurisdictional Superintendent had the Boards companycurrence. The respondents shall proceed to determine whether the petitioners are entitled to exemption under the said numberification upon the said basis. After the receipt of this letter, the respondents filed a writ petition in the High Court of Judicature at Bombay, being Writ Petition No. Feeling aggrieved by this direction, the Union of India has preferred this appeal.
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1997_1307.txt
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Special leave granted.
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1987_304.txt
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needed for Food Civil Supplies Department to accommodate the office of the Controller of Rationing, Food Civil Supplies. Subsequently, a fresh numberification under section 4 was issued on 28.7.1996 in relation to the vacant premises of second floor admeasuring 345.18 sq.mtrs. Notice was issued for the purpose of an inquiry under section 5A on 28.12.1992 that was served on 02.01.1993. During the pendency of the same, the State Government initiated the acquisition proceedings by issuing a numberification under section 4 with respect to the second floor premises admeasuring about 325.15 sq.mtrs. The Controller of Accommodation had requisitioned the said accommodation under the provisions of section 6 4 a of the Bombay Land Acquisition Act, 1948 hereinafter referred to as the Acquisition Act . Notice under section 9 of the Act was issued on 29.7.1994 which was served on 2.8.1994. Declaration under section 6 was issued on 23.6.1994. Earlier vide order dated 25.9.1968 the said floor of Express Newspapers building was requisitioned for use of State Government and was allotted to the 5 th appellant, i.e., Controller of Rationing, Food Civil Supplies Department. in the building. The second floor companyprised in 4500 sq.ft. The State Government issued a numberification under section 4 of the Act to acquire the entire third floor premises admeasuring 167.50 sq. Notice under section 9 of the Act was issued. No.1384 of 1997, the respondent Express Newspapers is the lessee of the land owned by the Government. The building is known as Express Building at Plot No.18, Block No.1, Back Bay Reclamation, Bombay. It had been allotted for use and occupation by Anti Corruption Bureau, Prohibition and Intelligence Bureau of the Government of Maharashtra and was also partly occupied by Deputy Controller of Rationing, Region A, Department of Civil Supplies. Since the requisitioning companytinued for an unduly long period, Express Newspapers Ltd. filed W.P. Objections were filed, an inquiry under section 5A of the Act was held, followed by a declaration under section 6 which came to be issued on 17.4.1997 and numberice under section 9 on 23.7.1997. No.2269/1992. W.P. In W.P. The High Court has quashed the acquisition, sans the land, as unsustainable. Thereafter, declaration issued under section 6 of the Act was withdrawn. In pending writ petition an amendment application was filed to incorporate the challenge to the land acquisition proceedings. However, on objections being filed, the writ petition was disposed of with liberty to challenge the acquisition proceedings independently. No.1679 of 1991 was filed by Reliance Industries Ltd. challenging the requisition order dated 23.1.1970 in view of the judgment of this Court, disapproving withholding of requisitioned property for an unreasonable period of time. In both the cases the owners of building do number own the land. The Governor of Bombay had granted the registered lease on 13.3.1956. Thereafter, Reliance Industries Ltd. filed fresh writ application out of which the present appeal arises. Thereupon, writ petition had been preferred out of which the appeal arises. was sought to be acquired.
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2017_375.txt
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The First Respondent voiced his grievance regarding the dispensation of figurative assessment of his companyfidential reports as Defence Attach Military Attach. As the assessment in figurative was companytrary to the policy, the First Respondent sought expunction of the assessment that was made by the GOC in C and COAS. When the First Respondent made a representation to the authorities companyplaining of dispensation of figurative assessment in the ACRs of the Defence Attach Military Attach, he was informed that the figurative assessment was re introduced with effect from 01.01.2000, which would benefit his companyleagues. In response to the representation made by the First Respondent, the Military Secretary informed the First Respondent that figurative assessment in the companyfidential reports of Defence Attachs Military Attachs was re introduced in 2000 with prospective effect. He emphasized the injustice done to him by number companysidering his numberination for the NDC companyrse during his tenure as Defence Attach Military Attach. The First Respondent was companysidered for numberination to NDC, 2000 companyrse. By an office order dated 07.04.1998, the method of figurative assessment in personal qualities and box grading of Defence Attachs Military Attachs was dispensed with. The First Respondent was companysidered by the Special Selection Board for promotion to the post of Lieutenant General but he was number empanelled. During the companyrse of his stay in the USA, the Chief of Army Staff COAS approved a change in the assessment of officers, by doing away with figurative assessment of Defence Attachs Military Attachs in the matter of finalizing their Annual Confidential Reports. The First Respondent was companysidered for promotion as Major General but was number empanelled due to the absence of NDC weightage. The learned Single Judge further directed that the figurative assessment in the companyfidential reports of the First Respondent by the GOC in C, Eastern Command and COAS when the First Respondent was posted as ADG, Assam Rifles shall also number be taken into companysideration at the time of relative assessment of the candidates for the purpose of granting promotion to the post of Lieutenant General. The First Respondent companytended that the GOC in C, Eastern Command and the Chief of Army Staff made assessments in figurative though they were number authorized to do so. The First Respondent was further denied companysideration for numberination to NDC for the year 2001. After returning to India on companypletion of his tenure as a Defence Attach Military Attach, the First Respondent requested for a look for the National Defence College NDC , 2000 companyrse. The statutory companyplaints filed by the First Respondent aggrieved by his number empanelment as Lieutenant General were rejected. The Division Bench further held that the learned Single Judge had erroneously upheld the decision of the Appellants in refusing a first look to the First Respondent for NDC, 2000 on the ground that there was numberillegality in number allowing companyversion of figurative assessment into numeric assessment for the years 1997 1999. The First Respondent was companymissioned as Second Lieutenant in the Army through the National Defence Academy on 11.06.1967. Accepting the submission of the First Respondent the learned Single Judge held that the GOC in C, Eastern Command and the COAS acted in excess of jurisdiction and in violation of the policy decision by making figurative assessment of the First Respondent when he was posted as ADG, Assam Rifles. The members of the Special Selection Board were specifically restrained from companysidering the NDC aspect as the second mandatory look for NDC was illegally denied to the First Respondent. It was the further companytention of the First Respondent before the High Court that he was number companysidered for numberination to NDC companyrse and was number empanelled as a Major General in view of the change of the method of assessment of the companyfidential reports during 1997 1999. The Appellants were directed to arrange a meeting of the Special Selection Board on or before 29.04.2006 to companysider the claim of the First Respondent for promotion to the rank of Lieutenant General on the basis of the changed profile of the First Respondent. While he was working as Brigadier, he was appointed as Defence Attach Military Attach in the United States of America on 16.05.1996. It was clarified in the said order that all reporting officers will fill up only the pen picture and are prevented from reporting in figurative. The companytention of the First Respondent before the High Court was that the figurative assessment was dispensed with to cause prejudice to his service prospects, which would entail an advantage to his companyleagues. In case the Special Selection Board declared the First Respondent fit for promotion to the rank of Lieutenant General on the basis of the changed profile in terms of the order passed by the High Court, the First Respondent was held entitled to enjoy all the benefits of the promotional post in the rank of Lieutenant General. The First Respondent was temporarily promoted as Deputy Director General, Assam Rifles on 26.09.2002 and later posted as Additional Director General, Assam Rifles on 10.01.2003. Pursuant to the recommendations of the Special Selection Board, the First Respondent was found fit for promotion as Major General. The Appellants were further directed to reconsider the claim of the First Respondent for promotion to the rank of Lieutenant General in the light of the findings recorded in the judgment. He was promoted as Lieutenant Colonel, Colonel and Brigadier. During the period of his service as Deputy Director General, Assam Rifles, there was again a change in the method of assessment of officers holding certain posts including the post of Deputy Director General, Assam Rifles to the detriment of the First Respondent. After being moved on temporary duty to the post of Additional Director General, Assam Rifles the channel of reporting for the post of Additional Director General, Assam Rifles was changed to the detriment of the First Respondent. Non empanelment as Lieutenant General The First Respondent companytended before the High Court that his companysideration for empanelment as Lieutenant General in February, 2006 was number a valid exercise of power as his service profile was number properly and companyrectly prepared. On promotion, the First Respondent was posted as GOC, 11 th Infantry Division. A Non Statutory Complaint was preferred by the First Respondent, aggrieved by his number empanelment as Major General, which was rejected on 07.11.2000. The Division Bench further observed that the learned Single Judge went wrong in number deciding whether the posting of the First Respondent as Defence Attach Military Attach to the USA should have been treated as an Extra Regimental Employment. Assailing the legality of the orders rejecting the statutory companyplaints and his number empanelment as Lieutenant General, the First Respondent filed a Writ Petition. In view of the findings recorded by the High Court on the companyfidential reports as well as the numberination to the NDC, the direction issued by the learned Single Judge of the High Court that there should be re assessment of the First Respondent by the Special Selection Board suffers from numberinfirmity. The Statutory Complaint filed by the First Respondent regarding his supersession for promotion to Major General in the year 2000 was rejected by the Chief of Army Staff by a letter dated 14.03.2000. The change in assessment, according to the First Respondent, seriously affected his career prospects. On a detailed companysideration of the above issue, the learned Single Judge of the High Court observed that the First Respondent was illegally denied a second mandatory look for the NDC look. The Division Bench affirmed the said companyclusion of the learned Single Judge and we have numberreason to take a different view on the point pertaining to the figurative assessment made by the GOC in C and COAS being companytrary to the policy, and therefore without jurisdiction. The learned Single Judge was of the opinion that the assessment of CRs of the First Respondent cannot be stated to be vitiated due to mala fides as numbersuch submission was made by the First Respondent. Confidential Reports By an office order dated 07.04.1998 from the Army Headquarters, the Chief of the Army Staff approved the dispensation with the system of figurative assessment in personal qualities and box grading while retaining the pen picture in the companyfidential reports of the officers holding certain specific appointments. During the pendency of the Writ Petition in the High Court, the third Statutory Complaint filed by the First Respondent was rejected on 02.02.2006 and the First Respondent was number selected for promotion as Acting Lieutenant General by the Special Selection Board meeting that was held in February, 2006. The First Respondent filed a Statutory Complaint regarding his supersession to the post of Major General, in which he companytended that the order by which the Non Statutory Complaint was rejected did number companysider various claims made by him, including the one pertaining to companyversion of the companyfidential reports for the years 1997 and 1998. The overall profile of the First Respondent presented before the members of the Special Selection Board was tainted by irrelevant and irregular companysiderations. The Division Bench was of the opinion that the issue pertaining to the number selection of the First Respondent to the rank of Major General in April, 2000 ought number to have been ignored by the learned Single Judge by treating it as a number vital issue. The learned Single Judge of the High Court allowed the Writ Petition and directed the Appellants to change the profile of the First Respondent. On 19.12.2002, an order was issued by the Military Secretary Branch regarding the initiation endorsement of the companyfidential reports by reporting officers other than the Army officers. Both the Appellants as well as the First Respondent filed appeals against the judgment of the learned Single Judge. Pen picture assessment of officers holding the listed appointments was retained. The First Respondent sought for companyversion of the assessments made by the Ambassador to USA for the years 1997 1998, 1998 1999 to numeric quotients, which was number allowed by the High Court as the Regulations do number permit such companyversion. The Appellants are also aggrieved by the observations made by the Division Bench while allowing the appeal of the First Respondent. While dismissing the appeal filed by the Appellants and allowing the appeal filed by the First Respondent, a Division Bench of the High Court affirmed the directions issued by the learned Single Judge. Before proceeding to join the said post, the First Respondent signed an Adverse Career Certificate, stating that he will accept any adverse effect on his future career in terms of number being adequately exercised, number detailment on career companyrses subsequent companyrses, and delay in subsequent promotion etc. As the date of retirement of the First Respondent on attaining the age of superannuation was on the anvil, the Appellants were given liberty to issue formal orders of promotion even after the date of his retirement with retrospective effect. The Appellants are before this Court challenging the judgment of the learned Single Judge as affirmed by the Division Bench. However, the learned Single Judge found fault with the rejection of the statutory companyplaints on the ground of violation of principles of natural justice. On a thorough examination of the evidence on record, we have numberreason to take a different view from the one taken by the learned Single Judge and affirmed by the Division Bench. NAGESWARA RAO, J. It would be companyvenient to deal with each of the relevant issues separately for a proper understanding of the dispute. He raised other grounds in support of his case that he was unjustly superseded.
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2019_288.txt
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Both of these were directed to be borne by the Developer and CHB in the ratio of 7030. 1 herein, M s. Parasvanath Developers Ltd. hereinafter Developer was accepted by CHB. Therefore, it was companytended by CHB that the Developer was liable to satisfy the claim of the flat buyer and the companyplaint was bad as against CHB for misjoinder of party. Notably, the dispute between the Developer and the CHB with respect to the Development Agreement was referred to arbitration. Later, a tripartite flat buyer agreement hereinafter Tripartite Agreement was executed between the Developer, CHB, and the Complainant on 23.04.2008. 3.6 Finally, on 09.01.2015, the learned arbitrator passed an award in the arbitration proceedings between CHB and the Developer. Taking into account the observations in the final arbitral award attributing responsibility of breach of the Development Agreement to the Developer and CHB, as well as the fact that the Developer had received the deposit sum from the Complainant long ago and had benefited from it, the National Commission directed CHB and the Developer to pay the principal sum of Rs. Further, in terms of Clause 9 d of the Tripartite Agreement, the Developer and CHB were directed to pay interest at the uniform rate of 9 p.a. The said land was allotted to the Developer by CHB for companystructing residential units, who then advertised its project for the sale of flats and pent houses as Parsvanath Pride Asia. Consequently, CHB and the Developer entered into a Development Agreement dated 06.10.2006 for the grant of development rights in respect of land measuring 123 acres. 3.4 Before the National Commission, it was the case of the Developer that the companystruction companyld number be carried out in time, as CHB had failed to hand over the possession of unencumbered land to it for raising the companystruction. Clause 9 a of this agreement stated that the companystruction of the flat was likely to be companypleted within a period of 36 months from the signing of the Development Agreement between CHB and the Developer, i.e., 06.10.2006. The award specifically numbered that since the flat buyers were number party to the arbitration, the award would only bind CHB and the Developer, and the entitlement of the residential flat buyers would have to be decided based on the facts of each case in independent proceedings. Therefore, he directed that any amount payable on account of refund of price, interest, or companypensation if and when finally determined by the National Commission or the Supreme Court would be borne by the Developer and CHB in the ratio of 7030. on the amount to be refunded to the flat buyers in the ratio of 7030. 3.5 Pending the arbitration proceedings, the National Commission passed an order in a similar matter on 05.03.2013, numbering that the flat buyers companyld number be deprived of their legitimate claims due to an inter se dispute between CHB and the Developer. However, with respect to the liability to refund the advances companylected from the residential unit buyers, the learned arbitrator found that the number completion of the project was a result of breaches companymitted by both, the Developer and CHB. On the companytrary, CHB argued that disputes only existed for land earmarked for companymercial activities, and there was numberdispute with respect to the 123 acres of land handed over to the Developer for the companystruction of residential units. Observing that the Developer had failed to companystruct the residential units and hand over possession in time, the National Commission passed an interim order directing the Developer to pay companypensation to the flat buyer in terms of Clause 9 c of the Tripartite Agreement at Rs. It is crucial to numbere here that similar companyplaints were filed by other flat buyers before the State Commission and the National Commission. Dismissing the SLP, the Court took numbere of the arbitration award dated 09.01.2015 and observed that Clause 9 c of the Tripartite Agreement, which stipulates the payment of companypensation, would only be applicable as against the Developer if it is number in a position to offer a flat to the buyer after the expiry of 36 months as stated in Clause 9 a of the Tripartite Agreement. The instant appeal has been preferred by CHB against this order, companytesting the liability fixed upon it with respect to the payment for litigation companyts and mental harassment, as well as the enhancement in interest rate. 3.3 Having received numberintimation from the Developer about the status of the project, between September October 2009, the Complainant inquired and found that companystruction had number been companymenced at the project site. When the refund was number made, the Complainant approached the National Commission on 24.02.2011. 1,03,31,250/ to the Complainant at 10 p.a. The factual background to this appeal is as follows 3.1 The Appellant herein, Chandigarh Housing Board hereinafter CHB invited bids to implement an integrated project with residential, companymercial, and other related infrastructure facilities at the Rajiv Gandhi Chandigarh Technological Park in Chandigarh. 2 This appeal arises out of the final order dated 11.05.2016 passed by the National Consumer Disputes Redressal Commission at New Delhi hereinafter National Commission in Consumer Complaint C.C. 1,03,31,250/ Signature Not Verified Digitally signed by GULSHAN KUMAR with interest 10 p.a.,
Rs.1,00,000 for mental harassment ARORA Date 2019.12.17 163640 IST Reason and agony, and Rs.1,00,000 towards litigation companyts in the ratio of 7030. 3.8 Finally, vide the impugned order dated 11.05.2016, the National Commission disposed of the companysumer companyplaint filed by Respondent No. 3.7 Meanwhile, an order was passed by a 3 judge Bench of this Court on 21.04.2015 in an SLP filed against the order of the National Commission dated 05.03.2013 and other companynected matters. Consequently, he sought a refund of the deposit amount of Rs.1,03,31,250 with interest at 20 p.a. 2 herein hereinafter the Complainant applied for the allotment of a five bedroom apartment in this project and paid a sum of Rs.1,03,31,250/ towards the total tentative price of Rs. Further, Rs. 1 lakh was awarded for mental harassment and another Rs. 107.60 per sq metre, subject to the final outcome of the arbitration proceedings. 2 herein a principal sum of Rs. 3,93,25,000/ . 2 herein. 1 lakh was awarded towards litigation charges. The bid sent by Respondent No. 19 of 2011, vide which the Respondent No.1 and Appellant herein were directed to pay Respondent No. MOHAN M. SHANTANAGOUDAR, J. Heard learned Counsel for the parties. from the date of deposit till realization. 3.2 Respondent No. Delay companydoned in filing appeal. No.
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2019_1099.txt
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Patel group, that is the appellants group deposited 91,702 shares and the respondents group, that is Pravin Patel group deposited 1,04,299 shares. Vatsarajs valuation of Rs.194, that is Rs.4,12,65,900 for 91,702 shares. 3 a of these companysent terms provided that valuation per share made by the expert that is Shri Iyer shall be deemed to be the valuation per share made under the companysent order dated 5.3.93 passed by the Company Law Board. The said clause reads as under SLS the valuation per share made by the expert shall be deemed to be the valuation per share made under the companysent order including the companysent terms dt 5.3.93 passed by the CLB. The companysent terms provided that both groups would deposit their shares with Company Law Board and one Shri. It has to be held that the valuation made by Shri M. Vatsaraj was superseded by the valuation made by Shri Iyer and therefore the companyrect valuation of the shares of the appellants will have to be taken as Rs.450/ per share and that figure will have to be treated to have been arrived at on 30.9.93 itself. Consequently, 15 interest on the purchase price as per valuation of shares will have to be interest from 30.9.93 and number from the date on which Shri Iyer gave his valuation report on 29.10.94. Vatsarajs valuation was number proper and companyrect, then he should himself make the valuation. We shall refer to the respondents group as Pravin Patel group and the appellants group as K.Y.Patel group for the sake of companyvenience. On 21st October, 1994 Shri Iyer held that Shri Vatsarajs valuation was number proper and companyrect and he valued the shares at Rs.450/ per share as against Shri. It took the view that interest was payble by Pravin Patel group only from 21.10.94 and directed the Company Law Board to deliver the appellants shares to the companypany. Thus on the payment being made by the companypany as per clause 21 K.Y.Patel group, that is the appellants group had to walk out of the companypany. On 9.11.94 Company Appeal 2/94 was disposed of by taking the valuation of Rs.450 per share on record. Clause 21 of the companysent terms reads as under SLS Agreed and ordered that the Company do pay the value per share as determined by the valuer for the shares belonging to Y.Patel Group and the supporters of Y. Patel group in manner following. On 7.10.93 the appellants filed Application 259/93 before the Company Law Board impugning the valuation of shares as made by Shri. As per clause 23 it was agreed that on the companypany making full payment with interest for the said shares the said shares shall be delivered by the Company Law Board to the companypany and shall stand cancelled. SLE As per clause 16 of the companysent terms one Shri. The appellants companytended that as per clause 21 of the companysent order of 5.3.93 read with clause 21. Patel group and M s. Bachubhai Munim Co., Advocates for the Pravin Patel group. M.Vatsaraj valued the shares at Rs.194/ per share by his report dated 30.9.93 Respondent number1, companypany tendered on 1.10.93 the entire amount and purported to cancel the appellants shares even before the same has been delivered by the Company Law Board. the balance within months of the receipt by the Company of the Valuation report plus interest on the outstanding amount at 15 per annum from the date of the payment of the second instalment. ii withinmonths of the receipt by the Company of the Valuation report plus nterest on the outstanding amount at 15 per annum from the date of the payment of first instalment till the date of the payment of the second instalment. Patel group filed Petition No. The shares of the companypany are closely held between two groups who are companytesting parties before us. Mangalbhai Vatsaraj, partner of M s. Vatsaraj Company, Chartered Accountants being the auditor of Respondent number1 companypany was appointed for valuation of shares of Respondent number1.,
companypany. as per clause 19 it was agreed that the valuer shall report to the Board his decision as to the valuation per share and forward companyies thereof to the companypany as also to M s. Mulla Mulla Craigie Blunt Caroe, Advocates for the K.Y. 3 a of the companysent terms of 29.4.94 will have to be read with clause 21 of the companysent terms of February, 1993. Patel group and the petitioners shall automatically be entitled to purchase the shares of the Pravin patel Group i.e.shares listed in part 1 of Schedule II and such shares listed in part II of Schedule II in respect of which written companyfirmations and undertakings have been furnished as aforesaid at the price per share fixed by the Valuer under clause 16 above. M.Vatsaraj would determine the fair value per share. The amounts so paid by the companypany shall remain deposited with M s. Mulla Mulla Craigie Blunt and Caroe till the entire amount has been paid and the said shares have been duly delivered by Company Law Board to the companypany. The second instalment was fixed by providing for payment of 40 within 6 months of the receipt of valuation report plus interest on the outstanding amount at 15 per annum from the date of the payment of the first instalment till the date of the payment of the second instalment and the balance of 30 was ordered to be paid within 9 months of receipt of valuation report plus interest on the outstanding amount at 15 per annum from the date of the payment of the second instalment. However, there was a default clause provided by clause 28 a in the companysent terms which reads as under SLS In the event of the companypany failing to make payment of the full purchase price, or of any two of the instalments of price on the dates fixed by clause 21 above, the companypany shall lose its rights to purchase the shares of the K.Y. M. Vatsaraj on 30.9.93 was proper and companyrect. The said instalments shall include interest on the outstanding amount at 15 per annum from the date of the valuers decision. They companytended that the affairs of the companypany were companyducted in a manner prejudical to the interest of the companypany and public interest. withinmonth months of the receipt by the Company of the Valuation report but at any rate number before 1st April, 1993 plus interest on the entire amount at 15 per annum from the date of the decision till the date of the payment of the instalment. 3 a of the companysent order dated 21.4.94 the appellants were entitled to Rs.4,12,65,900 and a further sum of Rs.66,13,850 being the interest payable thereon from 30.9.93, the date of Shri Vatsarajs decision and that the amount tendered by the companypany did number companystitute full payment as required under the companysent terms. K.Y. The appellants companytended that if full amount including interest from 30.9.93 as required by clause 21 was number paid the companysequences of default as provided in the companysent terms would follow. The parties arrived at companyset terms signed on February 11, 1993 before the Company Law Board and in pursuance thereof the companypany Law Board disposed of the petition by its companysent order dated 5.3.93. N.V.Iyer of CC Chokshi Co. was appointed as an expert to examine whether the valuation made by Shri. Under these circumstances, the companypany filed Company Application 411/94 in disposed companypany appeal for clarification. The order provided that if Shri Iyer came to the companyclusion that Shri. As a sequel to the aforesaid submission Shri Nariman further companytended that once that happened the default clause 28 a of the companysent terms got attracted and therefore automatically the appellants got a right to purchase the shares of the respondents group and that the High Court had patently erred in holding that the interest on the additional amount was payable only from the date of Shri. The first respondent, companypany offered the said amount with interest, only from 21.10.94, the date on which Shri Iyer gave his report. The amount of Rs.1,77,92,128 tendered by the companypany was permitted to be invested. Accordingly, the dates of instalments worked out are as under 1st instalment 30th November,1993 2nd instalment 31st March, 1994 3rd last instalment 30th June, 1994 As Shri. Respondent No.1, Patel Engineering Company Limited, is a public limited companypany registered and incorporated under the Companies Act. Shri Nariman, learned companynsel for the appellants companytended that clause 21. Thereafter, on 14.12.93 Respondent number1 filed Company Appeal 2/94 under Section 10 F of the Companies Act against the order of the Company Law Board. At the time of final hearing of the appeal the companytesting parties came to further companysent terms pursuant to which a companysent order was made whereunder Shri. A short question centring round clause 21.3 a of the companysent terms filed by parties in Company Appeal 2/94 before the learned Company Judge, Bombay High Court falls for determination. 28/91 in October, 1991 before the Company Law Board under the provisions of Sections 397 398 of the Companies Act,1956. Refuting these submissions Shri Soli Sorabjee, the learned companynsel for the respondents companytended that clause 21. The companypanys advocate however informed the appellants that the amount of interest was to be paid only from 21.10.94. Accordingly, K.Y. The Company Law Board by order dated 5.11.93 overruled Respondent number1s preliminary objection to the maintainability of the aforesaid application. By companysent of learned companynsel for parties, the appeal was finally heard. M.Vatsaraj alleging it to be vitiated by fraud relying in particular on the affidavit of Chartered Accountant, Shri. Appellants number.1 to 5 represent one group and Respondents number.2 to 8 represent the other one. The expert was requested to decide before 13th June, 1994.
as numbered earlier clause 21. The appeal was admitted by the learned Company Judge of the High Court and interim orders were made protecting the interests of both parties. Under these circumstances, the companypany preferred Appeal 891/94 challenging the order of the learned Single Judge dated 14.11.94. The amount tendered was number accepted by the appellants. The learned Single Judge of the High Court however rejected the said application on 14.11.94 observing that the order of 5.3.93 subject to modification by the order of 29.4.94 would have to be executed in the manner available in law. Dilip Thakker. SLE A few facts leading to this appeal may be numbered at the outset. MAJMUDAR, J. The aforesaid order of the Division Bench has been challenged by special leave. The said appeal was allowed by the Division Bench of the High Court. They also sought for a direction that the resolutions passed at the Extraordinary General Meeting should number be given effect to. 66 lakhs. Leave granted.
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1995_505.txt
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They denied that the respondent had any bona fide need for the shop room in question. on 28.1.1988. The Appellate Authority further observed that the respondent landlord had himself let out his building on rent in 1987 which show that Dilip Kumars need was number bona fide one the necessity, if any, had ceased by the date of the eviction petition i.e. The prescribed authority on sifting the evidence on record accepted the case of the respondent that he was in bona fide need of the shop room in question, and allowed the prayer for release of the premises and ordered eviction of the appellants therefrom. The case of the respondent shortly stated was that he was in bona fide need of the shop room in question for establishing his son Dilip Kumar in business being his father and the Karta of the family it was his duty to provide necessary facilities to his son to start independent business. The Appellate Authority observed that Dilip Kumar was married in 1979 the marriage was dissolved by a decree of divorce passed in July 1987 before filing of the eviction petition therefore, the cause pleaded in the eviction petition that Dilip Kumar after his marriage felt the need to augment his income and for that purpose wanted to start his independent business, was number acceptable. LITTTTTTTJ The appellants are the tenants of the shop room No. In the present case on perusal of the judgment of the Appellate Authority which runs to about sixty pages the Authority has discussed in great detail the case pleaded by both the parties, materials placed by them in support of their case and has disbelieved the case that the landlord bona fide required the shop in question for his son Dilip Kumar . According to them the respondent had a number of other premises, some of which he let out to others shortly before filing the eviction petition in 1987. R/50 located in the Mohalla Rasoolpur, Nawab Ganj, District Barabanki, Uttar Pradesh. On the petition filed by the respondent on 28.1.1988 for eviction of the appellants and release of the premises under section 21 1 a of the Uttar Pradesh Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 Act 13 of 1972 hereinafter referred to as the Act P.A. 2/1988 was registered in the Court of IInd Additional Chief Judicial Magistrate Prescribed Authority, Barabanki. The appellants entered companytest, refuted the averments allegations made by the respondent in the eviction petition. The 5th Additional District Judge Barabanki in the judgment dated 12.5.1992 in Rent Control Appeal Nos.1/91 and 2/91 allowed the appeal No.2/91 filed by the appellant herein and disallowed the appeal No.1/91 filed by the respondent herein. Both the parties preferred appeals against the order of the prescribed Authority the appellants challenged the order of eviction passed against them, while the respondent assailed the order for payment of two years rental to the appellants. Being aggrieved by the judgment of the Appellate Authority the respondent landlord filed the petition under Article 226 of the Constitution being W.P. He also ordered payment of an amount equivalent to two years rental as companypensation for indemnifying the appellants for the inconvenience faced by them in shifting their business. Sita Ram Nand Kishore, the respondent is the landlord of the said property. A single Judge of the Court by the judgment dated 8.12.1999 allowed the Writ Petition, and quashed the judgment order of the Appellate Authority. The position is too well settled to admit of any companytroversy that the finding of fact recorded by the final Court of fact should number ordinarily be interfered with by the High Court in exercise of writ jurisdiction, unless the Court is satisfied that the finding is vitiated by manifest error of law or is patently perverse. The High Court should number interfere with a finding of fact simply because it feels persuaded to take a different view on the material on record. P.MOHAPATRA, J. Hence this appeal by the tenants. R 67 New No. 92 R C of 1992 in the Allahabad High Court Lucknow Bench . Leave granted. No.
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2001_270.txt
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Levy Tax from 24 A Vegetable oils number refined At the 2 Paise 16.8.95 including groundnut, palm oil, point of in rupee sunflower oil, soya bean oil, first sale mustard oil, kusum oil, tobacco in the seed oil, castor oil, washed companyton State seed oil other than rice bran oil and companyonut oil 1204 24 B Vegetable oil refined obtained do do 16.8.95 from number refined oil mentioned in item 24 A other than rice bran oil 1205 The Government of Andhra Pradesh issued a circular on 16th September, 1997 in regard to Entry 24B. It said Since there is a specific mention of the number refined oils which are linked to refined oils in item 24 B the only interpretation that can be offered is that the companycessional rate of 2 is applicable only to those oils which are obtained from number refined oils subject to tax under Entry 24 A of 1st Schedule. Imported refined oils are, therefore, taxable at 10 under VII Schedule. The companytroversy would be clearer if both Entries 24 A and 24 B are reproduced. These appeals call for the interpretation of Entry 24 B of the First Schedule to the Andhra Pradesh General Sales Tax Act, 1957. They read thus SI.
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2001_415.txt
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So far as M.A.A. No.368 of 2004. 1702/96 is companycerned, it was dismissed by upholding the valuation whereas M.A.A. 2963 of 2004 in C.O. No.368 of 2004 arising out of order dated 28.06.2004 passed in C.O. So far as the order pertaining to the period 1988 89 , valuing the premises at Rs.59,400/ was companycerned, the appellant filed appeal being M.A.A. 1702 of 1996 whereas so far as the order relating to period 1994 95 , valuing the premises at Rs.4,25,600/ was companycerned, the appellant filed appeal being M.A.A. So far as annual valuation for the Assessment Year 1988 89 3rd quarter is companycerned, it was done at Rs.59,400/ , whereas so far as it was for the Assessment Year 1994 95 3 rd quarter is companycerned, the same was done at Rs.4,25,600/ . No.368 of 2004 whereby the Single Judge of the High Court allowed the revision filed by the respondents herein, set aside the judgment order dated 18.11.2002 passed by Signature Not Verified the Municipal Assessment Tribunal hereinafter Digitally signed by ASHA SUNDRIYAL Date 2017.09.05 165547 IST Reason referred to as the Tribunal , Kolkata in M.A.A. Bose Road, Kolkata 700020. 1701/96, was allowed in part wherein the Tribunal reduced the annual valuation made by the Assessing Officer, from Rs.4,25,000/ to Rs.75,400/ . No.1701 of 1996 and remanded the case to the Tribunal to re determine the annual value of the premises and also against an order dated 17.08.2005 passed in Review Application being Review Application No. By impugned order, the High Court allowed the revision and remanded the case to the Tribunal to re determine the annual value of the premises. Both the appeals were heard analogously by the Tribunal and were disposed of by companymon order dated 18.11.2002. 226/2 situated at A.J.C. This appeal is filed against the final judgment and orders dated 28.06.2004 passed by the High Court of Kolkata in C.O. 1701 of 1996. The High Court held that the Tribunal was number right in making an assessment of the premises by clubbing land and building. The Municipal Corporation, felt aggrieved of the order of the Tribunal, filed revision petition before the High Court. The appellants assessee , felt aggrieved of the orders of Assessing Officer, filed two appeals before the Tribunal. The appellant is the owner of the premises bearing No. Heard Mr. Amit Sibal, learned senior companynsel for the appellants and Mr. L.C. Having heard the learned companynsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal, set aside the impugned order and restore that of the Tribunal. Agrawala, learned companynsel for the respondents. Abhay Manohar Sapre, J. The owner assessee , felt aggrieved of the order of the High Court, filed this appeal by way of special leave before this Court. However, in order to appreciate the short companytroversy, few relevant facts need mention infra. The issue involved in the appeal lies in narrow companypass. No.
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2017_676.txt
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85,150. 53,386 under s. 80P 2 from the income of Rs. The said view of the ITO was number accepted by the AAC who held that deduction under s. 80P should first be made out of the income and thereafter the losses of the previous year were to be set off. The ITO first set off the losses of previous years that had been carried forward against the income and since the losses were in excess of the income, he held that numberdeduction was permissible under s. 80P of the IT Act, 1961 hereinafter referred to as the Act . It is also deriving income from dividend from investments with other companyoperative societies. 1972 73 the assessee earned a total income of Rs. 1,82,744. The assessee claimed a deduction of Rs. The Kotagiri Industrial Co operative Tea Factory Ltd., respondent hereinafter referred to as the assessee is a companyoperative society. It carries on business in manufacture and sale of the tea from bought tea leaves and the purchase and supply of agricultural manure to members. The losses of the earlier year which had been carried forward to the said assessment year were Rs. In the previous year relevant to the asst. The said decision of the AAC was affirmed in appeal by the Tribunal. 407 of 1977. 22nd Jan., 1982 in Tax Case No. BY THE COURT This appeal, by certificate, is directed against the judgment of the Madras High Court dt.
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1997_426.txt
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Simon fell down unconscious. Irineu and Victor were also taken to GMC Bambolim in the same ambulance with Simon. Condition of Simon was serious. There was simultaneous assault on Irineu and Victor. 11 , Simon Martins accused No.15 , and Seby Calaco accused No.16 . It was the appellant with a danda and Seby accused No.16 with a chain that came to assault Simon. Victor and Irineu were also beaten up and suffered injuries. Mossess Martins accused number5 , Mustaq accused No.7 , Ramesh Babda accused No.9 , Nissar accused No.12 , Pundalic accused No.14 , Simon Martins accused No.15 and Seby accused No.16 also assaulted Simon. Trial Court further held that the appellant, Mossess Martins accused No.5 , Mustaq accused No.7 and Simon Martins accused No.15 assaulted Victor and caused injuries to him. On the night of 4.5.1993 boys of Calconda had gone to Arlem Festival. Simon and Irineu did number attend the festival on that day and were already there in the house as they all lived together. According to Dr. Devari injuries found on Simon companyld be caused by stick as also by bottles. It was the rivalry between the boys of Khareband and Calconda villages. It is on record that there were rival gangs of Khareband and Calconda and while injured and the prosecution witnesses are from Calconda the accused are from Khareband. Irineu made companyplaint against the appellant and his group of gangs, who assaulted him, his brothers Simon and Victor causing serious head injuries on them. Trial Court further held that it was Mossess Martins accused No.5 who assaulted Irineu PW 8 on his head. After danda blow was given on the head of Simon, he fell down unconscious. Both Irineu PW 8 and Victor PW 9 asked the appellant as to why they were going to assault them. These boys belonged to Khareband. Another neighbour brought his car and removed Irineu and Victor to Hospicio Hospital. House of Jayesh PW 14 is at a distance of about 150 meters from the house of Simon deceased . As numbered above, on the night of 4.5.1993, there was altercation at the Arlem festival between the boys of Kharaband and Calconda. Arlem Festival was celebrated on 1.5.1993, 2.5.1993 and 4.5.1993. On the night of 4/5.5.1993 Victor, who was from Calconda, attended the festival. He was unable to say if injuries on Simon companyld have been caused by throwing of a stone of about half a kg. Appellant hit Simon with the stick of the thickness of 2 and length of 4. There were two injuries on the perietal regions found by Dr. Devari PW 4 one of which had been caused by Mossess Martins accused No.5 and other by Mustaq accused No.7 . Since companydition of Simon companytinued to be serious he was shifted to GMC Bambolim. Ultimately the medical evidence showed that it was the injury on the head caused by blunt weapon which resulted in the death of Simon. Other accused present were Shivappa accused No.2 , Mehaboob accused No.3 , Raju Jamune accused No.4 , Mossess Martins accused No.5 , Raju Naik accused No.6 , Mustaq accused No.7 Milind accused No.8 Babda accused No.9 , Kadar accused No.10 , Damu accused No. He said injuries on Simon were several but localised in one region mainly on the left side of the forehead. Trial Court has held that from the evidence led by the prosecution, it had been established that the assault on the Simon was made by the appellant and Seby accused No.16 . When Simon was brought to the Hospicio Hospital Dr. Devari had also examined him and found him unconscious, his pupils were dilated and reacting sluggishly. He said according to Irineu PW 8 himself it was he who was hit by the appellant and he fell unconscious. When Simon died on 8.5.1993 offence under Section 302 IPC was also added. He found following injuries on the body of Simon Multiple CLW 1 x x with depressed fracture on the left side of the forehead caused by hard blunt object, less than 6 hours duration. Trial Court described injuries 2 to 5 and 9 on account of kicks given to the deceased Simon by Seby accuse No.16 . They have been fighting on 1.5.1993, 2.5.1993 and 4.5.1993. The appellant and other assailants did number stop at that and they went on beating and hitting Simon with the result he received multiple injuries. Police came to the hospital and recorded the statement of Irineu on the morning of 5.5.1993. Apart from Irineu and Victor, who were examined as PW 8 and PW 9, there were other eye witnesses whose statements were recorded. Dr. Vasudeo Devari PW 4 , who was working as Medical Officer in Hospicio Hospital, examined Irineu and found the following injuries CLW 6 x x bone deep extending from right parietal region to the left parietal region. He said the injuries companyld be caused by blunt instrument. He also examined Victor and found the following injuries CLW 1 x 1 x 1 on the right eyebrow caused by hard blunt object less than 6 hours duration. Some of the persons who are accused before the Trial Court of the rival Khareband gang were also present. During the festival they had been fighting with each other. The incidents of 1.5.1993, 2.5.1993, and 4.5.1993 were number reported to the Police and have been played down by Artemio DSilva PW 25 who was the companyorganisor of the Arlem Festival. A swelling with deformity on the left forearm caused by hard blunt object. Boys of two villages Khaneband and Calconda were number on best of terms between them. Irineu said that assault companytinued for about three to four minutes and when the neighbours came there those persons fled away. Dinesh woke up other boys. CLW 1 x x on the upper lip, caused by hard blunt object, less than 6 hours. He hit a boy Dinesh as well. Caused by hard blunt object, less than 6 hrs. Hearing the loud shouts the neighbours, which included boys of Calconda, came and the assailants ran away. They all lived in that area near the house of Jayesh PW 14 . When the three brothers reached near the banyam tree and they saw a boy who was identified as accused No.6 and inquired from him as to why he was banging the door of their house. He said such edges were absent in bottles and sticks and injuries companyld, therefore, had been caused by stone. They were armed with sticks, cycle chains and bottles. From the side of Khareband, it was the appellant who superheaded the fight. Those had been caused by sharp and blunt weapons including danda. The opinion of all the injuries were kept reserved. As numbered above, the accused were variously armed like dandas, bottles and cycle chains or even stones. Trial companyrt has referred to the incident which occurred at Arlem Festival on 1,2 and 4.5.1993, which according to him companyld have been prelude to the main incident in question furnishing the motive for the same. All of a sudden, from the bushes near the banyam tree 15 to 16 boys started attacking the three brothers by throwing bottles on them. He was taken in a rikshaw by one of the neighbours to the Hospicio Hospital. He beat up Jayesh PW 14 and threw him on the ground and gave him kick blows. There was herniation of both parahypo campal region of the brain. Suddenly a group of 15/20 boys emerged from the bushes near the banyan tree and started beating the three brothers. When they approached near them they pelted soda bottles on them and immediately assaulted them with sticks and iron rods on the head. He said on 4.5.1993 after having dinner at about 10.30 P.M. they went to sleep. Fortunately, the bottles did number hit them. In view patient having head injury, the patient was referred to G.M.C. Leaving Jayesh PW 14 injured, it appears, he left the scene along with others. These three brothers came out and saw a young boy standing outside a few feet away under a banyan tree. Trial Court said that when there is assault by a large group of persons, it is number possible to get companyroboration from the witnesses to see as to what assault was made by each of the accused. All these five accused had appealed to the High Court against their companyviction and sentence. While they were standing in the paddy field near the house of Jayesh PW 14 , they heard shouts companying from the scene of the offence and they ran towards that. Statement of each of the accused was recorded under Section 313 of Code of Criminal Procedure. Cause of injuries No.10 and 11 companyld number be established. They assaulted the three brothers. He, however, said that he felt that in this case the object might be having multiple rough and irregular edges because there were multiple injuries. Appellant gave a blow on his head and he fell down unconscious. After companypleting the investigation as many as 17 accused were sent for trial for various offences. Statement of Dr. Devari has been severally criticized by the learned Sessions Judge. At about 2.30 A.M. someone banged the door of their house. The opinion of fracture had to be companyfirmed by x rays etc. They went ahead by the footway and saw a group of 15 persons holding iron rods, sticks and cycle chains. There was swelling on the brain and brain material was companying through the hole made by the surgeon, while giving the treatment. Swelling 5 in the right mixillary region extending to the right angle of mandible. There was companytusion neurosis on left companytical part of orbital lobe of the brain. On internal examination Dr. Audi found that there were outpouring of the blood under injuries numbers 1, 6, 7 and 11. Still he was being hit and beaten by the assailants. A doubtful fracture on the upper. On the morning of 5.5.1993 at about 2.30 A.M. someone banged the front door and asked them to companye out. The incident, which resulted in companyviction of the appellant and others, occurred on the midnight of 4/5.5.1993. He stated that they were admitted to the hospital by their neighbours. There were pin point haemorrages through the white matter of the brain. Zipih sternum on the middle point and loss of upper companynter and there was swelling. There was also fracture of the nasal bone in addition to the skull bone as said earlier. deep with bruise around was present on left eyebrow. and as such the opinion was reserved. The opinion was kept reserved. Prosecution examined as many as 33 witnesses. He also said that there was numberenmity between them and the appellant. People intervened and asked the appellant number to fight. Altercation took place between them which has been deposed to by the witnesses. When they came out they did number see anyone outside. Sole appellant is aggrieved by the judgment dated 28.11.1997 of the Bombay High Court at Goa upholding his companyviction for an offence under Section 302 of Indian Penal Code IPC for short and sentence of life imprisonment awarded to him by the District and Sessions Judge, South Goa at Margao. This point was also raised with all seriousness in the trial companyrt as well as in the High Court. He went at 9.30 P.M. and returned back home at about 12.00 midnight. After giving initial treatment, the Police were advised to companylect further report from the M.C. No separate sentence was passed for an offence under Section 143 IPC. for expert neuro surgical management. They asked him what was the matter about. They denied their involvement in the crime and said they had been falsely implicated. He was worried about him. P. WADHWA,J. weight. They witnessed the occurrence. of age.
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2000_1143.txt
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Services of three workmen, who were the employees of the first appellant company were terminated by the appellant companypany and those workmen raised an industrial dispute. The Labour Commissioner exercising power under Section 34 of the Act gave sanction to the Workers Union to launch proceedings against the management of the first appellant. An award was passed in favour of the workmen and the appellant company was directed to reinstate them with companytinuity of service and full back wages. The award passed by the Labour Court became final. That application was rejected by the High Court with the observation that the remedy under Section 29 or Section 33C of the Act was available to the workmen. The appellants challenged the order passed under Section 34 of the Industrial Disputes Act, 1947 for short, the Act whereby the first respondent gave sanction for prosecuting the appellants for alleged violation of the provisions companytained in the Act. Initially, the workmen filed an application for companytempt of companyrt before the High Court. Thereupon, the second respondent Workers Union sought sanction of the Government for prosecution of the appellants. The appellant company challenged the award before the High Court of Karnataka by filing writ petition, which was later dismissed. As pointed out earlier, the two companyrts have found that the order passed by the Labour Commissioner is number vitiated by any illegality. By judgment dated 26.3.1998 the learned Single Judge declined to interfere with the order and the judgment of the learned Single Judge was subsequently companyfirmed by the Division Bench. The first appellant is a public limited companypany and appellants 2 5 are Directors thereof. Judgment of the Division Bench of the Karnataka High Court is challenged in these appeals. G. BALAKRISHNAN, J. Relevant facts for the purpose of these appeals are thus. Leave granted.
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2001_681.txt
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This Procedure was adopted by the Departmental Promotion Committee because of the pendency of the departmental proceedings against Respondent No.1 on the basis of the charge sheet issued to him on 5.2.96. 876/95 before the Tribunal for the relief that the State Government may be directed to companyvene the meeting of the Departmental Promotion Committee for companysidering his name for promotion to the post of Chief Engineer and that the State Government may be restrained from starting any fresh departmental proceeding. The further relief that numberfresh departmental proceedings be initiated against him was refused by the Tribunal. The Tribunal which already had before it the application of the State Government for extension of the time M.A.32/96 , for companyvening the meeting of the Departmental Promotion Committee, passed an order on 14.2.96 restraining the State Government from promoting any person junior to respondent No.1 to the post of chief Engineer. On 31st of January, 1996 state Government filed an application before the Tribunal for extension of time for companyvening the meeting of Departmental Promotion Committee but the Tribunal instead of granting extension, directed, by its order dated 2.2.96, to produce the original records before it so that it may be found out as to why the companyvening of the Departmental Promotion companymittee was being delayed. Gambhir, Vivek Gambhir, Advs. was disposed of finally by the Tribunal by its order dated 8.12.95 and the direction was issued to the appellant to hold the meeting of the Departmental Promotion Committee within six weeks. The orders of the Tribunal, passed on 14.2.96 and 27.2.96 were challenged by the State Government in a Writ Petition No. 1219/94 in the Gwalior Bench of the Madhya Pradesh Administrative Tribunal for short, the Tribunal on the ground that besides companytaining stale charges it was issued with the male fide intention to forestall the companysideration of his name for inclusion in the panel of candidates for promotion to the post of chief Engineer EM . A further order for status quo was passed by the Tribunal on 27.2.96 Respondent No.1 in the meantime, filed anther O.A. with him for the Respondent Sakesh Kumar, K.L.Hathi, Advs. for M s. Hathi Co., Advs. A.M. Singhvi, Sr.
Mrs. Madhur Dadlani, Satish K. Agnihotri, Advs. While the matter was pending before the Tribunal, a fresh charge sheet was issued to respondent No. for the Respondent No.2 J U D G M E N T The following Judgment of the Court was delivered SAGHIR AHMAD, J. Respondent No.1 while working as superintending Engineer EM in the public Health Engineering Department was issued a charge sheet on 16.11.94 which was challenged by him in O.A.No. THE 9TH DAY OF FEBRUARY, 1998 Present Honble Mr. Justice S. Saghir Ahmad Honble Mr. Justice G.B. This O.A. 1420 of 1996 before the High Court of Madhya Pradesh which by its order dated 15.4.96 stayed the operation of the aforesaid order as also further proceedings in M.A.32/96. with him for the appellant L. Sanghi, Sr.
S.K. Pattanaik Dr. A dated January 12, 1988 was issued. 1 and 2 others were kept in the Sealed Cover. Both these memoranda were companysidered by this Court in Union of India Ors. 1, thereafter, filed another case A.No. No.
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1998_141.txt
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Chanda Singh PW 6 went to the Ladwa Hospital and Hakam Singh went to the village to inform the family members of Narinder Singh about the incident. Since the companydition of Narinder Singh was serious, he was immediately referred to PGI Chandigarh and Chanda Singh shifted injured Narinder Singh to PGI Chandigarh. In the meanwhile, Chanda Singh and Hakam Singh reached the spot and found that injured Narinder Singh had already been shifted to the hospital by the police. Ranbir Singh A 6 gave gandasi blow on the right hand of Narinder Singh whereas Balkar Singh A 4 gave gandasi blow to Narinder Singh on his left arm. Evidence of Sham Singh PW 7 companyroborates the version of Chanda Singh PW 6 . Being aggrieved by the acquittal of Balkar Singh A 4 , Ranbir Singh A 6 and Charan Singh A 8 , State of Haryana and Chanda Singh father of the deceased Narinder Singh have preferred Criminal Appeal Nos. Two other assailants namely Ashok Kumar A 5 and Dalbir Singh A 9 attacked Narinder Singh with hockey sticks and caused injuries to Narinder Singh. Gurdev Singh A 2 and Charan Singh A 8 caused sword blows on the left leg and right leg of Narinder Singh. Dilawar Singh A 1 , Yash Pal A 3 and Shamsher Singh A 7 gave blow on the head of deceased Narinder Singh with their respective cutter and Narinder Singh fell down along with his motor cycle and shouted Bachao Bachao. Being aggrieved by the acquittal of Balkar Singh A 4 , Ranbir Singh A 6 and Charan Singh A 8 , State has preferred Criminal Appeal No.826/2010 and Chanda Singh PW 6 father of the deceased Narinder Singh has filed Criminal Appeal No. The High Court companyfirmed the companyviction of Dilawar Singh A 1 , Yash Pal A 3 and Shamsher Singh A 7 and acquitted Balkar Singh A 4 , Ranbir Singh A 6 and Charan Singh A 8 . Since Chanda Singh PW 6 did number offer any statement to ASI Karam Chand PW 4 , since Narinder Singh was then alive, there was numberoccasion for recording the statement of Chanda Singh. Chanda Singh and Hakam Singh cried for help and shouted NA MARO NA MARO. In the meanwhile, Sham Singh PW 7 also reached there and he too shouted at the accused number to kill Narinder Singh. Hakam Singh was number examined. Chanda Singh PW 6 , Hakam Singh and Sham Singh PW 7 chased the assailants in their respective vehicles but they companyld number catch hold of them. In the hospital at Kurukshetra, Dr. C.Grover PW 1 examined the injuredNarinder Singh and opined that Narinder Singh was unfit to make any statement. By the time PW 6 went to Ladwa Hospital, PW 11 left to village Mehra to inform the family members of injured Narinder Singh. On 22.8.1998 at about 8.45 p.m. Narinder Singh was driving his motor cycle and when he turned towards Babain Road, in Ladwa little ahead of the veterinary hospital, Dilawar Singh A 1 , Gurdev Singh A 2 and Yash Pal A 3 and other accused persons namely Balkar Singh A 4 , Ashok Kumar A 5 Ranbir Singh A 6 , Shamsher Singh A 7 , Charan Singh A 8 and Dalbir Singh A 9 intercepted him. Narinder Singh died at 5.30 A.M. on 23.8.1998 and thereafter Chanda Singh PW 6 went to Ladwa Police Station on 23.8.1998 at 11.00 A.M. and lodged the companyplaint and FIR was registered as Ext PE No. When Chanda Singh reached Community Health Centre at Ladwa, injured Narinder Singh was, in the process of being referred to the Lok Nayak Jai Prakash Hospital, Kurukshetra as his companydition was very serious. On the same day Chanda Singh came back to Ladwa and went to the police station and lodged the companyplaint on the basis of which FIR was registered at Ladwa Police Station, ASI Charan Dass PW 11 went to PGI Chandigarh and companyducted the inquest on the dead body of deceased Narinder Singh. It is also brought in evidence that after the death of Narinder Singh ASI Karam Chand PW 4 did number go to PGI for the second time. Injured Narinder Singh succumbed to injuries at about 5.30 a.m. on 23.8.1998 and death intimation was sent to the Police Post, PGI Chandigarh. By perusal of the evidence of PW 4, it is seen that on receipt of intimation rukka from PGI Chandigarh, PW 4 rushed to the hospital for recording the statement of injured Narinder Singh. At that time Chanda Singh father of the deceased along with his brother Hakam Singh came nearby in their car and saw the accused being attacked. Being aggrieved by the companyviction, Dilawar Singh A 1 , Yash Pal A 3 and Shamsher Singh A 7 have filed Criminal Appeal No. Briefly stated case of the prosecution is that deceased Narinder Singh was running a shop for the sale of fertilizers at the Ladwa Town and he was residing near Veterinary Hospital. Dr. Munish Kumar PW 9 of PGI Chandigarh admitted Narinder Singh in the hospital on 23.8.1998 at about 2.30 a.m. and intimation was sent to the police post located near the hospital. 314/1998 at Ladwa Police Station. On receipt of information from the hospital, ASI Karam Chand PW 4 went to the hospital and on his application Dr. Kanya Rejangam PW 8 opined that injured Narinder Singh was unfit to make statement. In PGI, Dr. Surinder Singh PW 10 companyducted autopsy on the body of Narinder Singh and numbered 18 incised injuries and other injuries all over the body of the deceased and issued the Post Mortem Certificate. Evidently in Ladwa Hospital, PW 6 companyld number have met ASI Charan Dass PW 11 . The trial companyrt acquitted Gurdev Singh A 2 , Ashok Kumar A 5 and Dalbir Singh A 9 . Learned companyrts below found the evidence of PW 6 trustworthy and recorded respective findings for companyvicting Dilawar Singh A 1 , Yash Pal A 3 and Shamsher Singh A 7 and acquitting other accused. By the time PW 6 arrived in the Ladwa Hospital, the hospital authorities were making arrangement to refer the injured to Kurukshetra as his companydition was very serious. Upon companysideration of the evidence, the trial companyrt companyvicted and sentenced Dilawar Singh A 1 , Yash Pal A 3 , Balkar Singh A 4 , Ranbir Singh A 6 , Shamsher Singh A 7 and Charan Singh A 8 under Section 302 IPC read with Section 149 IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs.5,000/ each with default clause and also companyvicted them for the offence punishable under Section 148 IPC and sentenced to undergo rigorous imprisonment for two years. After chasing the assailants for few minutes, PW 6 came to Community Health Centre, Ladwa at 9.00 9.15 P.M. Hakam Singh went to village Mehra to inform the family members and for arranging money. Further case of prosecution is that on 22.8.1998 at about 9.00 p.m. ASI Charan Dass PW 11 who was on patrolling duty received message about an injured person lying near Veterinary Hospital, Ladwa and PW 11 and police party went to the scene of occurrence and shifted injured Narinder Singh to Community Health Centre, Ladwa where Dr. Ashwini Kumar DW 1 , Medical Officer of the Health Centre examined him and found him number fit to make statement. Dr. Surinder Singh PW 10 opined that the deceased died of cut injuries on the head and due to haemorrhage from multiple incised wounds. Accused Ranbir Singh took a plea of alibi by stating that he is practising as an advocate at Kurukshetra and was number present at the spot on the date of occurrence. BANUMATHI, J. Appellants Dilawar Singh A 1 , Yash Pal A 3 and Shamsher Singh A 7 in Criminal Appeal No.1362/2010 challenge the legality of their companyviction for the offence punishable under Section 302 IPC read with Section 149 IPC and the sentence of life imprisonment and imposition of fine of Rs.5,000/ each and also challenge their companyviction for the offence punishable under Section 148 IPC and sentence of imprisonment for two years. Gurdev Singh A 2 also took the plea of alibi and stated that he was posted as a Naib Tehsildar and in companynection with his official work had gone to village Sardhaheri on the date of occurrence. The accused examined DWs 1to 6 as witness on their side. The accused surrendered before the companyrt on various dates and on information of their surrender, Inspector Jagdish Ram PW 12 took the accused to police custody and based on their companyfession the weapons and motor cycles were seized. All the accused fled away from the spot with their respective weapons in their motor cycles. Being aggrieved by the companyviction and sentence, companyvicted accused 1,3,4 and 6 to 8 preferred appeal before the High Court. After companypletion of investigation, the accused were charge sheeted under Section 302 IPC read with Section 149 IPC. 826/2010 and 830/2010. The accused were questioned under Section 313 Cr. To bring home the guilt of the accused, prosecution has examined PWs 1 to 16 and placed reliance on documents and material objects. about the incriminating evidence and circumstances and they denied all of them. P.C.
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2014_383.txt
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However, the petitioner did number carry the matter in second appeal against his suit for damages and was companytent with filing an appeal against the decree of damages granted against him. Admittedly, both the petitioner and the respondents had filed civil suits claiming damages against each other. The petitioner filed second appeal against the decree which was admitted. The petitioners suit was dismissed and the respondents suit was also dismissed by the trial Court but on appeal filed by the respondents, it was allowed and was decreed for recovery of Rs.24,875/ . Thus, there is absolutely numbernecessity to go into other aspects of the appeal, especially when on factual side, as detailed above, the decree, number appealed against by the present appellant, passed by the first appellate Court, has become final between the parties, which has created a legal bar for the maintainability of the present appeal whereby the decree passed in the other suit has been assailed. for the Petitioner O R D E R The following Order of the Court was delivered This special leave petition arises from the judgment of the Himachal Pradesh High Court, made on September 18, 1996 in Second Appeal No.215 of 1987.
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1997_177.txt
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It will, however, be futile new to send the case back to the High Court because four years have passed since and as the entire case rests on the evidence of PW Badada, we have decided to enter into merits of the case and we have gone through the evidence of PW Badada and we are clearly of the opinion that he is number a reliable witness. Hence the matter undoubtedly required further investigation.
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1979_124.txt
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Thus they claim to be tenants of the Gram Panchayat in respect of the land in dispute. v. Director of Consolidation of Holdings and Nek Singh and Ors. According to the averments, the appellants claim to have been cultivating the land as lessees which, land has been described in the revenue records as Shamlat Deh owned by the Gram Panchayat. The Director remanded the matter to the Consolidation authority with a direction that 20 acres of the area should be allowed to the Gram Panchayat and the rest should be partitioned among the right holders namely the Khewatdars. The Director accepted the companytention an held that the Panchayat can number lay any claim to the area sine the same was mentioned in the Jamabandi to Be in possession of the Khewatdars namely the right holders and therefore the Panchayat had numberright to the land. The Division Bench which heard the first matter in Joginder Singhs case referred to Section 2 g of the Village Common Lands Act which defines shamlat deh and held that the land in dispute does number companye within the ambit of shamlat deh. In Joginder Singhs case the Division Bench after companysidering the legal provisions held that the land in question did number vest in the Panchayat. In all the cases before us the respondents claiming to be the right holders preferred petitions under Section 42 of the Act before the Director and companytended that the land in dispute was Banjar Qadim and according to the entry in the Wazab ul Arz of the Village, it had to be apportioned among the proprietors and Khewatdars pro rata of their holdings in the revenue estate and that the Director had numberjurisdiction to hold that the land in dispute vests in Gram Panchayat. The said order was passed by the Director in a petition filed by persons claiming to have shares in the Shamlat Deh which shares were entered in the cultivation companyumn as maqbuza malkan. They also companytended that the disputed land was described in the record of rights prior to the companysolidation as Banjar Qadim in the individual cultivating possession of the Khawatdas and therefore the same companyld number vest in the Gram Panchayat. The Division 40 Bench also observed that the petitioners have number placed any material on record to draw in inference that the land was recorded as shamlat deh in the record of rights. In all these appeals the question that arises for companysideration is whether the tenants also are entitled to be heard by the companycerned authority while deciding a dispute of title between the persons claiming to be the owners and the Gram Panchayat in respect of Shamlat Deh under Section 42 of the East Punjab Holdings Consolidation and Prevention of Fragmentation Act, 1948 Act, for short ? Their companytention before the Director was that the Consolidation authorities were number companypetent to change the title of the right holders and that whatever was entered in the Wajab ul Arz had to be made a part of the scheme of the village and had to be adhered to by the companysolidation authorities during re partition proceedings. It may be mentioned here that the Panchayat pursued the matter further unsuccessfully. Then with reference to the companytention of the petitioners that they being the tenants of the Panchayat in respect of this land in question are interested parties and the Director should have also made them parties to the petition under Section 42 of the Act, the Division Bench at one stage made an observation that they companyld have approached the Director for passing a fresh order after affording them an opportunity of being heard. 3429/90 is filed against the judgment in Joginder Singhs case supra in the following circumstances. v. State of Punjab through Additional Director, Consolidation of Holding and others, C. W.P. Some of the later provisions provide for companysolidation and adjustment of the re partitioned lands and remedies to appeal by any aggrieved person by order of the Consolidation Officer. Questioning the same the petitioners appellants claiming to be the tenants in the disputed land filed above writ petitions before the High Court and the main submission was that they should have been given an opportunity of being heard by the Director. In all these cases similar orders were passed by the Director. 3429/90 is filed and companysequently the ratio laid down by the Division Bench in Joginder Singhs case also being questioned. 3427 3428/90 and 4357/90 are filed by the petitioners appellants claiming to be the tenants against the order of the High Court dismissing the writ petitions filed by them following the decision in Joginder Singhs case and the L.P.As. The Director accepted their plea and passed orders ordering distribution of the land among share holders as per the provisions companytained in the Jamabandi of 1951 52, which according to him, is the only authenticated document inherited by the Consolidation Department. Section 16 lays down that the scheme prepared by the Consolidation Officer may provide for the distribution of land held under the occupancy tenure between the tenant holding right of occupancy and his landlord in such proportion as may be agreed upon between the parties. The petitioners Joginder Singh and others, however, moved the Director for giving them an opportunity of being heard and for passing a fresh order, as observed by the High Court. The Director asked the petitioners to get a clarification from the High Court regarding the observation made. The appellants, however, filed writ petitions before the High Court and companytended that since they were in possession of the suit land as lessees under the Gram Panchayat, they were entitled to be heard before any order companyld be passed adversely affecting them and since numbersuch opportunity was given to them number they were made parties to the petition under Section 42 of the Act, the order of the Director was liable to be quashed. L.P.As. But the later observations would show that the Director companyld number review the order. They also companytended that they had the locus standi to file the writ petitions. 2820/86 dated 12.8.86 the petitioners can number claim to have any locus standi to file the writ petitions and accordingly dismissed them. The High Court, however, dismissed the writ petitions filed by the appellants holding that in view of two earlier decisions of the same High Court namely Joginder Singh and Ors. Under Section 14 of the Act, the Government may of its own accord agree or on application declare its intention to make a scheme for companysolidation of holdings. filed in some of these matters against the order in writ petitions were also dismissed. The petitioners applied to the High Court for clarification and the High Court dismissed the petition saying that numberclarification is necessary. Section 42 empowers the State Government to call for the proceedings at any time for the purpose of satisfying itself as to the legality or propriety of any order passed or scheme prepared or re partition made by any officer and examine the records and pass appropriate orders. filed by them were also dismissed by the High Court. Ultimately the Special Leave Petition filed by it was also dismissed by this Court. Secondly they also challenged the mutation. As against the said order, Civil Appeal No. The other Civil Appeal Nos. Hence the present appeals. No.
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1994_248.txt
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The deceased and P.W. P.W. The deceased met P.W. A 11 was driving the lorry and there were 4 persons in the lorry. The lorry was seized under a mahazer. 1 stood in front of the lorry on its left side and P.W. When the lorry was at that cross, the forest guards heard the voice of the deceased that he was being killed. The deceased also asked P.W. The revolver in the custody of P.W. Thereafter the deceased and his men followed the lorry in their car and the lorry having gone near the house of one Neelkantha Hegde stopped in front of it. That was about 5.10 a.m. when P.W. Realising the situation, the deceased asked P.W. 4 to go to Sirsi and bring P.W. The deceased further directed the forest guards to place heavy stones across the road to block free passage to the lorry. The Circle Inspector P.W. 6.
when the accused attempted to drive the lorry, the deceased who was standing in front of it climbed over the crash guard in front of the vehicle. 4 5 forest guards for further assistance. Accordingly, P.W. When the deceased informed them that the lorry would be seized, all the accused protested that they would number allow him to seize the lorry, but wanted to unload the wood. 5 to inform P.W. The guard and the foresters followed the lorry running and at that time A 11 who drove the lorry in the first instance emerged from his hiding and shouted that as they were always facing obstructions from the forest guards they should be killed. 16 to keep a watch at the Kambigar Cross to intercept the lorry that was expected to transport illegally cut forest fuel wood. The deceased travelled in the said car from Sirsi to Hulekal Range Office and took the assistance of P. Ws 2 and 3 forest guards and went to Hegdekatta Forest Office to take the assistance of P.W. A 2 and A 6 snatched the gun from P.W. A 1 started the vehicle while the deceased was standing on the crash guard. The lorry had a name board SHRIMAN NARAYANA and registration No. 16 at about 6.30 p.m. on 19.4.1988 and he was asked by P.W. A 7 snatched the gun held by P.W. 16 was also handed over to the deceased. In spite of the deceased signalling the lorry to stop, it fled away avoiding the stones kept on the road. On the left side mudguard of the lorry, some bloodstains were seen and its scrapings were companylected. On 19.4.1988 at about 4.00 p.m. he received a phone call from an anonymous caller that at night at about 1.00 a.m. 20.4.1988 there was likelihood of a lorry transporting forest produce from from Manjuguni side and the same person called P.W. At about 3.30 a.m. on 20.4.1988, as expected, the lorry returned from Kambigar Forest loaded with illegally cut jungle wood upto the body level. 31 who took over further investigation from P.W. The lorry thus went to a distance of about 11/2 furlongs on that forest road then came to a halt near Yantalli Cross. The deceased informed the accused who came out of the house that A 11 had driven the lorry without stopping the same in spite of signal was given to stop the same. In spite of the deceased repeatedly informing them about the various forest offences companymitted and about the information they had already got and instructions given by P.W. 16, the lorry must be removed from that place for the purpose of unloading the fuel elsewhere. MES 6008 with sic the deceased. One Mahabaleshwar Joshi was the brother in law of the deceased and was also a Forest companytractor. AH the accused had surrounded the deceased and when the Guards reached the spot, they left the place saying that everything was over. 16 Praveen Chandra was the Divisional Forest Officer of Sirsi Division during the relevant period. 16 summoned the deceased Arvind Hegde, the companycerned Forest Range Officer to meet him to take instruction in companynection with the above said phone call. A 1, A 8 and A 10 got down from the cabin of the vehicle and A 8 started assaulting the deceased with a jungle wood. The deceased called upon them to produce any permit if they had to cut and carry jungle wood. 16, the accused did number allow the deceased to discharge his official duty. 16 along with the Sub Inspector of Police, Sirsi and some police personnel arrived at the spot, the deceased was shifted in a car to the Government hospital at Sirsi along with P.Ws. Sensing the gravity of the situation, A 4, A 6 and A 7 told the other accused that before the arrival of P.W. The deceased was also instructed to take necessary staff with him for his assistance. Briefly stated the facts as presented by the prosecution are the following P.W. The area referred to by the anonymous caller fell in the jurisdiction of Hulekal Range Forest Office. The two guns that were carried by the two guards were also found on the back side of the vehicle. 30 seized NO 2 a blood stained firewood pellet stated to have been used in assaulting the deceased, the leather belt of the deceased, one shoe, a cap, the revolver of the deceased, a misfired bullet, blood stained earth, and 2 live cartridges. The deceased fired at it with his revolver, but the bullet companyld number release. When A 1 started the engine, A 4, A 6 and A 7 dragged the forest guards aside and tore their uniform. The deceased was also equally determined to carry out his job. Fracture at the temporal occipital junction on the left side and tempera frontal region on the right side. Neelkantha Hegde, his sons, namely, A 1, A 3, A 4 and A 10 as well as his Uncles sons, namely A 2, A 5, A 8 and A 9 were all in the house and they came out of the house on seeing the lorry. The shirt that the deceased was wearing, one of the shoes, his revolver with belt, his waist belt were all lying near him and he was lying with blood injures and was found dead. All of them got down and ran to the house of Neelkantha Hegde. 16 on phone about the happenings there. 16 to the spot. Fracture of arbitral rood on the right side. Pleura was torn on both sides. 2 stood on the right side. 2 also fired from his gun, but it missed the target, namely, the wheel tyre of the vehicle. A 2, A 3, A 5 and A 9 climbed into the body of the vehicle. P.Ws 2 and 3 were armed with a gun each. 16 half an hour later and informed him that his officials would do well to be present near Kambigar cross at about 11.00 p.m. itself. 30 on receiving information about the murder of the deceased and his body being kept at the mortuary of the Government hospital went there and seeing that some violence was likely to take place, made arrangements for maintaining peace. Fracture base of the skull extending through posterior and middle cranial fossa on both sides. The accused replied in the negative. It is under these circumstances the accused have filed these appeals by special leave against their companyviction and sentence and the State has also preferred appeals for companyviction of the acquitted accused and also for the enhancement of sentence. 1 gave written companyplaint at the Sirsi Police Station at 9.30 a.m. A case was registered as Crime No. On dissection of the body, the internal injuries found were the following Haematoma in the occipital region 6x6 was present. While so, A 1 occupied the drivers seat, A 8 and A 10 sat by his side in the cabin. Two used cartridges and one unused cartridge was also lying there. The accused aggrieved by the companyviction and sentence preferred two appeals to the High Court. 30 handed over investigation to the Core of Detectives C.O.D. 2, 3 and 6. MYE 5070. Thereafter he held inquest over the dead body, examined witnesses and arrested Accused Nos. The State Government also filed appeals against acquittal of some accused under Section 302 read with Section 149 and also another appeal for enhancement of sentence. The external injuries caused were the following Two lacerated wound over the occipital region measuring 2xl/2 bone deep. Bleeding from both numbertrils and left ear was present. Apart from this, the other companyvictions and sentences imposed under Section 353 read with Section 149 and 147 were also companyfirmed. Multiple companytusions and abrasion over the chest wall, anterior abdominal wall and back were present. Their sentence to suffer imprisonment for life was also companyfirmed. So far as the appeals filed by the State are companycerned, the High Court declined to interfere with the companyviction and sentence imposed by the Sessions Judge on certain accused and companysequently, dismissed the appeals. 37/88. 1 was requested to secure the presence of P.Ws. The switch key was in the dashboard. 2. 1 to 6. Few days earlier he has lent his Ambassador Car bearing No. Contusion of the right upper eye lid was present. Venkataswami, J. 791, 792 of 1988 and 129 130 of 1989 dated 20th July, 1990. 30. 1. After examining some more witnesses. All these appeals by special leave are preferred against the companymon judgment of the Karnataka High Court in Criminal Appeal Nos.
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1996_1020.txt
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