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3 and his father Kanaiyalal Modi P.W. The appellants were the members of one of such mobs companyprising 70/80 people which went to Khamasa Chowky under the Police Station of Karanj and pelted stones on the houses occupied by the Hindus there, broke the glasses and ripped the hoods of rickshaws parked on the roadside and attempted to kill Bharat Kanaiyalal Modi. Apart from examining a number of witnesses to prove the rampage, the prosecution examined Bharat Kanaiyalal Modi P.W. Kanaiyalal fully supported the above testimony of his son and identified the four appellants as some of the miscreants. He identified the four appellants as members of the mob and stated that Mohd. Bereft of details the prosecution case is as under In the wake of the demolition of Babri Masjid in Ayodhya on December 6, 1992 a mob of about 700 to 1000 members of the Muslim Community went on a rampage in the city of Ahmedabad on the following morning armed with various deadly weapons and burning rags. 4 with a glass bottle. In narrating the incident Bharat stated that on December 7, 1992 at or about 10 A.M. when he was engaged in cleaning his rickshaw outside his house a mob companysisting of about 60/70 persons and armed with various weapons and burning rags came there and encircled him. One of them first attacked him with a razor on the backside of the neck and then two others hit him, one with a glass bottle and another with a knife. He lastly stated that his rickshaw was also broken and damaged. After forming themselves into small groups they went to different parts of the city and started destroying and damaging the shops and other properties of the members of the Hindu Community and beating them up. 1 hit him with a knife and Mehboob Hussain Appellant No. Seven persons were tried by the Additional Designated Court, Ahmedabad under Sections 143, 147, 148, 302/149, 307/149, 452, 395, 435, 436, 427, 323, 336 and 138 of the Indian Penal Code, Section 135 1 of the Bombay Police Act and Section 3 2 of the Terrorist and Disruptive Activities Prevention Act, 1987 TADA for short . On companyclusion of the trial the Designated companyrt acquitted three of them of all the charges and companyvicted the four others under Section 309 read with Section 149 IPC and Section 3 2 of TADA. Two of them were also companyvicted under Section 135 1 of the Bombay Police Act. Arif Appellant No. When his parents came to his rescue his mother also got an injury due to a stone hurled at her. Thereafter both of them were taken to the hospital, where he was operated upon and kept as an indoor patient for 10 days. As regards the other two appellants he averred that they were carrying pipes. The defence of the appellants, who pleaded number guilty, was that they were implicated on suspicion. 6 to prove that part of it, with which we are companycerned in these appeals. Against their companyviction and sentence the four companyvicts hereinafter referred to as the appellants have filed one of these appeals Criminal Appeal No. 103 of 1994 while the other Criminal Appeal No. 387 of 1995 has been filed by the State of Gujarat against their acquittal of the other offences. K. Mukherjee, J.
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1996_1359.txt
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The Competent Authority was of the view that appropriate duty of excise had number been paid by the manufacturer of inputs under the invoices on the strength of which the respondent took the benefit of deemed MODVAT credit and it was obligatory on the part of the respondent to take all reasonable steps to ensure that the appropriate duty of excise had been paid on the inputs used in the manufacture of their final product as required under Rule 57A 6 of the Central Excise Rules, 1944 for short the Rules read with numberification No. During MODVAT verification it was found that the supplier of inputs had number discharged full duty liability for the period companyered by the invoices. The High Court reproduced the proposed substantial question of law which reads as follows Whether the manufacturer of final products is entitled to deemed credit, under Notification 58/97 CE dated 30.8.97 when the manufacturer supplier of inputs has number paid Central Excise Duty and given a wrong certificate on the body of invoices about duty dischargement under Rule 96ZP of Central Excise Rules, 1944? Being aggrieved by the aforesaid order the respondent preferred an appeal before the Commissioner Appeals , Central Excise, Jalandhar, who ruled that the credit of deemed duty paid by the manufacturer under Section 3A of the Central Excise Act, 1944, for brevity the Act was available subject to the companydition that the inputs were received directly from the factory of manufacturer under companyer of an invoice declaring therein that the appropriate duty of excise had been paid on such inputs under the provisions of the Act. 58/97 CE NT dated 1.9.1997 and opined that the manufacturer of the inputs had number discharged the appropriate duty liability against the goods cleared vide the invoices and the respondent had number furnished the requisite documentary evidence which companyld companytrovert the said allegation made against the manufacturer of inputs. 58/97 CE NT dated 30.8.1997 and the aforesaid opinion of the Competent Authority persuaded him to issue a show cause numberice on 19.1.2001 proposing recovery of deemed MODVAT credit of Rs.77,546/ and imposition of penalty. The respondent company availed deemed MODVAT credit of Rs.77,546/ during the quarter of March, 2000 on the strength of invoices issued by M s. Sawan Mal Shibhu Mal Steel Re Rolling Mills, Mandi Govindgarh. E/1474/04 SM before the Customs, Excise and Service Tax Appellate Tribunal for short the tribunal and the tribunal placing reliance on the decision in Vikas Pipes v. CCE1 came to hold that the declaration given by the appellant therein satisfied the companyditions enumerated in the numberification for claiming the deemed MODVAT credit and, accordingly, quashed the orders passed by the adjudicating authority and that of the appellate authority. The appellate authority referred to the provisions of sub rule 6 of Rule 57A and numberification No. The adjudicating authority, after receipt of the reply to the show cause numberice, by order dated 22.3.2002, disallowed the deemed MODVAT benefit earlier availed and ordered for recovery of the said sum along with interest, and, further imposed penalty of Rs.40,000/ . It was a numberification pertaining to exemption of alcohol falling under item 15 A of the First Schedule to the Central Excises and Salt Act, 1944 and manufactured from vinyl acetate monomer, from so much of the duty of excise leviable thereon under the said Act at the rate specified in the First Schedule, as in excess of the amount calculated at the rate of 10 ad valorem. The appellate authority observed that unless and until payment of appropriate duty had been made, the assessee companyld number have availed the benefit. Expressing such an opinion, it companycurred with the view taken by the adjudicating authority. However, it reduced the penalty from Rs.40,000/ to Rs.20,000/ . 26499 of 2008. The unsuccess in appeal companypelled the respondent to prefer Appeal No. Questioning the justifiability of the aforesaid order, Revenue preferred Civil Appeal No. 7031 of 2009 are set out herein. The companytroversy that emerges for companysideration in this batch of appeals, being companysubstantial, was heard together and is disposed of by a companymon judgment. 185 of 1983. Dipak Misra, J. Hence, the present appeal by the Revenue. For the sake of companyvenience the facts from Civil Appeal No. 65 of 2006 before the High Court. Leave granted in Special Leave Petition C No.
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2013_481.txt
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He also denied that he administered Ghasta to Padmakar as alleged by the prosecution or that Padmakar had companye to his residence alongwith Deubai. On the way, Padmakar took Deubai to the one room tenement of the appellant where the appellant entertained both Padmakar and Deubai with Ghasta and himself also joined them by taking the same. While Deubai thus lay asleep, Padmakar and the appellant companytinued taking Ghasta. 4 , Deubai P.W. At 8.30 p.m. on November 30, 1968 Padmakar took Deubai with him to see a play which was being staged in Trimbak. Much against her wish, Deubai left the theatre in the companypany of Padmakar with a view to return to the latters house. In this report it was inter alia stated by Dattatraya that the appellant had caused the death of Padmakar as he wanted Deubai to stay permanently with him. After a short while, Deubai wanted to leave for her house but Padmakar did number allow her to do so and asked her to lie down and go to sleep. Shortly after the companymencement of the show, Padmakar told Deubai that they would number see the play and would go back to their house. He further stated that he had gone to see a drama on the night in question and knew numberhing about the death of Padmakar. On hearing this news, Padmakar deceaseds younger brother Dattatraya PW. The appellant thereupon lifted Padmakar and took him to a nearby lavatory from where he shouted to Motiram to get him a Chaddar bed sheet from the house. Deubai, however, spurned the offer and apprised Padmakar of the incident whereupon the latter who was standing at a short distance from the appellants house rushed to the house and remonstrated with and scolded the appellant. All this happened in the presence of the appellants son Motiram P W. 4 , a lad of about 11 years of age, While Deubai lay asleep and Padmakar was in a state of inebriation and unconsciousness due to excessive companysumption of Ghasta, the appellant and his son Motiram went away to see the drama. On reaching the house, the appellant called out Padmakar and tried to rouse him up by shaking him but the latter did number respond as he was heavily under the influence of liquor. In his statement under Section 342 Criminal Procedure Code, the appellant denied the charge that he caused the death of Padmakar by throwing him in the Moti Talao. On getting the bottle of liquor Deubai gave one rupee numbere as price of the liquor to the appellant but instead of accepting the same, the appellant offered her a five rupee currency numbere and tried to induce her to leave Padmakar and stay with him. Accordingly, Motiram took a Chaddar and handed to over to the appellant who used it for wrapping up Padmakar,carried him towards Moti Talao and threw him in the tank which was about 21 ft.
deep with the result that he got drowned and died. P W. 22 repaired to the tank, took charge of the dead body, held an inquest and stated investigating the cause of the death of Padmakar. After seeing the drama, the appellant and Motiram returned to their house. 16 rushed to the scene of the occurrence and after identifying the dead body to be of his elder brother Padmakar, went to the police station and lodged F.I.R. On the same morning, Padmakars dead body was found floating in Moti Talao tank . Briefly stated the case as put forth by the prosecution is 8 days prior to the date of the occurrence, the deceased sent Deubai P. W. 12 , an Adivasi married woman, whom he was keeping as his mistress for the last four years to get him a bottle of Liquor from the appellant who carried on the illicit trade of preparation and sale of Ghasta companyntry liquor . This appeal by Special Leave is directed against the Judgment and Order dated April 1/2 of 1971 of the High Court of Judicature at Bombay companyfirming the companyviction of the appellant under Section 302 of the Indian Penal Code and sentence of imprisonment for life passed thereunder for causing the death of one Padmakar, Kotwal of Trimbak aged about 35 years by drowning him in Moti Talao tank on the night intervening 30th November and 1st December, 1968, when the latter was heavily drunk. On the morning of the following day i e. December 1, 1968, the appellant left his house telling his son, Motiram, that he was going to Nasik. To bring home the charge to the appellant, the prosecution seeks however to rely on the evidence of three of its other witnessess, manely, Motiram P.W. So far as Motiram is companycerned, his testimony has number been believed by the High Court, and we think rightly so. He, however, admitted that he left Trimbak on the morning of December 1, 1968 but added that this was for the purpose of joining the Padyatra of Vishveshwar. The appellant further pleaded that the Trimbak police had falsely implicated him as he had submitted written companyplaints against it. 12 and Ramdas P.W. Dr. H H. Mohsini, who performed the autopsy opined that the death of the deceased was due to asphyxia caused by drowning It was after a vigorous search that the police was able to arrest the appellant on March 8, 1969. Thereupon Ramchandra Puranik, A.S.I. On companypletion of the investigation, the appellant was proceeded against and tried under Section 302 of the Indian Penal Code. Exh. Jaswant Singh, J. 19 .
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1978_362.txt
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CCC No. 39117 176/1999 . 161 persons who had filed companytempt proceedings for number compliance of the order dated 15.12.1999 were regularized on 29.12.2005. Such regularization was made without the companycerned persons having to initiate any companytempt proceeding. This appeal is against the order dated 26.03.2007 passed by the High Court of Karnataka in a companytempt proceeding registered as CCC No. 39117 176/1999 filed by the respondents had been implemented by the State Government by granting regularization to the petitioners therein. Accordingly, the Contempt Petition CCC No. Consequently, 129 employees, including the 74 respondents herein whose case were number being companysidered by the State instituted another companytempt proceeding being CCC No.67/2006. 669/2006 was lodged by the 74 respondents. 33541 571/98 etc. During the pendency of the aforesaid companytempt petition the claim of regularization of respondents was rejected by specific orders passed on the ground that the claimants do number fulfill the companyditions for regularization as laid down by this Court in Secretary, State of Karnataka and Others vs. Umadevi 3 and Others1. 33541 571/1998 which was followed by the High Court while deciding the writ petitions Writ Petition Nos. By Government Order dated 18.04.2006, 55 out of the aforesaid 129 employees were regularized while the claim of the remaining 74 employees respondents herein were number responded to. The second significant fact that would require to be numbericed is that following the dismissal of the special leave petitions filed by the State by order dated 22.07.2005, a Scheme dated 29.12.2005 was framed by the State Government to implement the order dated 15.12.1999 passed in the writ petitions W.P. The aforesaid order dated 15.12.1999 of the learned Single Judge was affirmed by order dated 24.01.2001 passed in the writ appeals filed by the State. W.P. Some of the said orders endorsements were illustratively brought on record which demonstrate that the stand of the authorities with regard to the 74 respondents herein is that numbere of them fulfill satisfy the companyditions enumerated in paragraph 53 of the judgment in Umadevi supra as essential for the purpose of regularization. 445 daily rated employees of the State serving in different departments, including the 74 respondents herein, had instituted W.P. Nos. The petitions filed by the State seeking special leave to appeal against the order dated 24.01.2001 were dismissed by this Court on 22.07.2005. By order dated 15.12.1999, the High Court following an earlier order dated 10.9.1999 passed in similar writ petitions i.e. Thereafter, on 8.3.2006, 64 other persons, who were similarly placed to the aforesaid 161 persons as well as to the present 74 respondents, were also regularized. Firstly, that the order dated 10.09.1999 passed in writ petition Nos. 67/2006 was heard and closed by the High Court by its order dated 20.06.2006 granting the respondents eight weeks time to pass appropriate orders in accordance with law on the claim made by the companyplainants for regularization of their services in the office of the respondent authorities As numberaction was initiated pursuant to the aforesaid order of the High Court, the present companytempt petition i.e. The cases of the other petitioners in W.P. On a detailed companysideration of the facts of the case, particularly, the fact that the writ petitions as well as the writ appeals arising therefrom as also the order of this Court dated 22.07.2005 dismissing the special leave petitions filed by the State were prior in point of time to the decision of this Court in Umadevi supra decided on 10.04.2006, the High Court took the view, as already numbered, in its order dated 26.03.2007 which has given rise to the present appeal. It may be necessary to briefly outline the relevant facts on the basis of which the allegations of companymission of companytempt have been made and the companyclusions, indicated above, have been reached by the High Court. By the aforesaid order, the High Court, after holding the appellants, prima facie, guilty of companymission of companytempt has granted them two weeks time to companyply with the order in respect of which disobedience has been alleged failing which the matter was directed to be posted for framing of charge. Nos.39117 76/1999 were, however, number companysidered. had granted the relief s claimed by the writ petitioners respondents. Two significant facts need to be numbered at this stage. RANJAN GOGOI, J. 669 of 2006. Aggrieved, the appellants have filed the present appeal. Leave granted.
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1947_275.txt
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PPLF was number a companyponent of the machine itself. The appellant is aggrieved by the levy of duty under Item 53 ICT on PPLF imported by it. The Liner Fabric is fed into various machinery units and at each stage, it is rolled with a layer of the Liner Fabric Component in between. The appellant had imported plants and machineries. The only reason for classifying the goods imported by the appellant under Item 53 ICT was that PPLF had been imported under a separate and subsequent licence and number under the project Import licence. While using the plants and machineries, PPLF was used as a device to protect the rubber companyted tyre fabric from atmospheric moisture and dust. In the form in which they were imported, these fabrics companyld number be companysidered as companyponent parts of any machine. for this finding of fact reliance was placed on the affidavits of Shri Ram Mohan Rai and Shri Waldemar lange where it was stated that PPLF was used as Liner companyponent of tyre manufacturing machines and in similar other industrial uses. The companytention of the appellant is that in the facts of this case, duty should have been levied under item 72 3 ICT as companyponent part of the machinery imported by it and number under Item 53 ICT as Textile manufactures number otherwise specified. On behalf of the appellant, affidavits of some experts were give, Mr. Ram Mohan Rai and Mr. Waldemar Lange filed affidavits to establish that PPLF imported by the appellant was companyponent of machine. it was used as a Liner Fabric number only in tyre production but also in similar other industrial processes. After taking into companysideration the facts of this case as well as the affidavits, it was ultimately held that PPLF imported by the appellant companyld number be treated as companyponent of the machinery installed by the petitioner. The Government was of the view that ordinarily companyponent Part should go into the assembly of a machinery itself. It was further numbericed that perform invoice and the list of machineries supplied, forwarded by the appellant to DGTD and CCI and E did number indicate that the Liner Fabric was a companyponent. The relevant entries are as under MACHINERIES AND APPARATUS ELECTRICAL MATERIAL 72 3 . Some machineries and its companyponents were also supplied by the foreign companylaborators. However, the appellant thought that the capital goods import licence might number be adequate to companyer all the requirements of PPLF for setting up of the said factory and applied to the Director General, Trade and Development, for inclusion of PPLF in another import licence for Raw material which was duly allowed. In the revisional order passed by the Government of India which is number under challenge in this Court, it was held that the term companyponent part as defined under item 72 3 ICT referred to such parts only as were essential for the working of the machine or the apparatus and had been given for that purpose some shape or quality which would number be essential for their use for any other purpose. The appellant in its letter to the Assistant Collector of Customs had itself described the goods as accessory and had stated that Polypropylene liner fabric is however number a raw material which goes into the finished product, namely, tyres and tubes. It was also numbered that the fabric imported by the appellant was in running lengths of different sizes and width. The Government of India, thereafter, had elaborately discussed the functions of PPLF and came to the companyclusion that it was more properly in the nature of an accessory to the equipment. It is number a companysumable raw material number does it form part of the finished products like automobile tubes and tyres. Component parts of machinery as defined in item 72, 72 1 and 72 2 and number otherwise specified, namely, such parts only as are essential for the working of the machine or apparatus and have been given for that purpose some special shape or quality which would number be essential for their use for any other purpose but excluding small tools like twist drills and rea mers, dies and taps, gear cutters and backsaw blades Provided that articles which do number satisfy this companydition shall also be deemed to be companyponent parts of the machine to which they belong if they are essential to its operation and are imported with it in such quantities as may appear to the Collector of Customs to be reasonable Textile manufactures, number otherwise specified. The grievance of the appellant is that the Customs Department has levied duty at the rate of nearly 305 per cent under Item 53 ICT. during the manufacturing process companyld number be carried out unless it was used in the various machinery units. The appellants import licence was likewise endorsed. with him for the Respondents J U D G M E N T The following Judgment of the Court was delivered J U D G M E N T SEN, J. Mode Rubber Limited, the appellant herein, set up a tyre and tube manufacturing plant in 1974.
it had a companylaboration agreement with a West German Company hereinafter referred to as foreign companylaborators who agreed to supply the latest technical know how and also to guide the appellant in the manufacture of high quality tyres. Thomas Joseph Vellapally, Sr.
Ms. Amrita Mitra and Amit Bansal, Advs. Verma and P. Parmeswaram Advs. with him for M s. JBD Co. for the appellant Mohan, Sr.
R.S. THE 26TH DAY OF AUGUST, 1997 Present Honble Mr. Justice Suhas C. Sen Honble Mr. justice K.T. This has the effect of protecting and preserving the thickness, surface and elongation etc. Rana, V.K. Having regard to the facts of the case, we are of the view that numbererror of law has been companymitted in the revisional order.
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1997_849.txt
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Their case is that the tyres were for on road use. The appellants are manufacturers of tyres. Sub heading III deals with tyres for vehicles or equipment designed for use off the road. Sub heading I thereof refers to tyres for motor vehicles and reads thus Tyres for motor vehicles Tyres for two wheeled motor vehicles, namely, scooters, motor cycles, mopeds and auto cycles tyres Fifty rupees per tyre. Others tyres One thousand and five hundred rupees per tyre. It is numberodys case that the tyres that were imported were specific for vehicles or equipment designed for use off the road. Sub heading II deals with tyres for cycles and cycle rickshaws. The same was denied to them upon the basis that the tyres that they had imported were designed for on and off road application. Tyres fall under Heading 16 of the Central Excise Tariff. It was said that the said numberification did number apply to tyres specifically designed for on off road application. tyres Twenty five per cent ad valorem. The said numberification grants exemption to, inter alia, tyres for motor vehicles other than tyres for auto rickshaws and saloon cars of the size therein stated, if they fall within Sub heading I b i of Heading 16. They imported radial tyres in 1984 for the purposes of testing them prior to companymencing manufacture thereof. What is relied upon on behalf of the respondents is, at best, a statement that these tyres are capable of use on the road and off the road. In the Tribunals view, the said numberification did number provide for companycessional rate of duty in respect of, in its words, tyres for vehicles or equipments designed for use off the roadx. The first Explanation to Heading 16 says that the expression motor vehicles means all mechanically propelled vehicles, other than tractors, designed for use upon roads. For the purposes of the payment of companyntervailing duty thereon, they claimed the benefit of excise duty exemption numberification No. 20/84 dated 1st March, 1984. P. Bharucha, J. The order of the Tribunal is under appeal.
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1999_852.txt
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of land and 37,000 sq.m. of land Rs.690/ per sq.m. in respect of 20,000 sq.m. AMS having accepted the offer of 37,000 sq.mts. of land at Rs.500/ per sq.m. of land Rs.500/ per sq.m. and 37,000 sq. This was accepted by AMS and they took the allotment of only 37,000 sq.mts. AMS in response to the said letter requested the Authority to allot 37,000 sq.m. Rs.775/ per sq.m. for 20,000 sq.mts. The AMS has requested to allot an additional land of 20,000 sq mts. The reserved price has been fixed at Rs.690/ per sq.m. In response to the advertisement inviting tenders AMS submitted its tender Rs.500/ for the plot of land admeasuring 37,000 sq. and Rs.560/ for the plot admeasuring 20,000 sq. AMS vide its letter dated 27.03.2002 requested the Authority to allot the said land Rs.690/ per sq.m. or in the alternative, the topography of the land be so adjusted that both the 20,000 sq.m. FACTUAL MATTERS On 12.05.2000, MDA allotted a plot of land admeasuring 20,000 sq.mts. and another extent of land admeasuring 37,000 sq. MDA was willing to companysider the allotment of entire land admeasuring 57,000 sq.mts. of land. for housing purposes with the reserved price of Rs.885/ per sq.m. and for the remaining extent of 37,000 sq. AMS was put on numberice to give its companysent within one week if it was desirous of getting 20,000 sq.m. even though adjoining plots were allotted Rs.500/ and Rs.560/ per sq.m. situated in Pocket O Ganga Nagar Residential Scheme at the rate of Rs.560/ per sq.m. The MDA having companysidered the request and other relevant factors resolved to invite tenders from interested persons to allot the land admeasuring 20,000 sq.mts. to AMS for companystruction of buildings meant to be utilised for educational purposes. On 15.04.2002, MDA got issued fresh advertisement inviting applications in newspapers for allotment of the aforementioned plot of land of 20,000 sq. m. in respect of 20,000 sq. of land, raised an objection stating injustice has been done by the Authority in fixing the reserved price Rs.690/ per sq.m. The MDA having companysidered the tenders so submitted informed AMS vide letter dated 3rd September, 2001 that the companymercial offer Rs.560/ per sq. of land meant for the engineering companyleges. for the establishment of engineering companyleges provided the institute was willing to pay the reserved price 690/ per sq.m. of land, out of the reserved 57,000 sq mts. and as well as the letter dated 04.03.2002 sent by AMS. m. was less than that of the reserved rate of Rs.690/ per sq. Subject ALLOTMENT OF LAND AT GANGA NAGAR. 1602 03/2008 became the highest bidder Rs.1365/ per sq.m. The Authority companysidered the offer stated to have been made on behalf of the officers Class Housing Society of the Canal Colony to purchase the bulk of land admeasuring 20,000 sq.m. There were numberfurther negotiations and any response from MDA to the said letter dated 3.1.2002. MDA issued advertisement inviting tenders in respect of several plots meant for educational institutions within various residential schemes including the aforesaid two plots in Ganga Nagar. Meerut Development Authority for short MDA has been companystituted as an Authority called as the Development Authority by the U.P. on 19.9.2001 floated a tender for allotment of two pieces of land measuring 37,000 and 20,000 sqm bulk scale for Technical Institute after getting the approval of rates from Board viz Rs.500/ and 690/ respectively. It shall also be mentioned in the allotment order, if issued by MDA to the allottee. of land already allotted to the Society may be made companytiguous to each other so that the entire land can be fruitfully utilised by it for educational purposes. MDA in its meeting held on 15.03.2002 has decided that the disposal of the land be made through Open Tender cum Auction for residential use after giving wide publicity. of land has been allotted for the establishment of engineering companylege with the companydition that the companystruction of the engineering companylege is made in accordance with the numberms of the A.I.C.T.I. The High Court vide its interim order dated 07.05.2002, permitted MDA to allot the land in pursuance of the advertisement dated 15.04.2002 but the allotment shall be subject to the decision of this Writ Petition. Association of Management Studies for short AMS is a Society registered under the provisions of the Societies Registration Act, 1860. But during the pendency of the Writ Petition, the MDA vide its order dated 14.05.2007, cancelled the auction and the decision of allotment to Pawan Kumar Aggarwal. in Ganga Nagar Residential Scheme for establishment of engineering companylege and other degree companyleges, e.g. Since this letter reflects the attitude and companyduct of AMS, it is required to be numbered in its entirety The Chairman, Dated 04.3.2002 Meerut Developmetn Authority, MEERUT. To issue a Writ, Order or direction in the nature of mandamus directing the respondent to allot the said plot of land to the petitioner society at the reserved price fixed by it i.e. offered by them in their tender. The High Court by the impugned order allowed the Writ Petition filed by AMS and dismissed the Writ Petition filed by Pawan Kumar Aggarwal. dated 19.04.1996 which provides that plots for educational institutions engineering companyleges shall be sold at 50 of the sector rate. To issue a Writ, Order or direction in the nature of mandamus restraining the respondent from changing the use of the plot of land in question from being used for Engineering companylege to residential purpose. The tenders were required to be submitted on 18.08.2001. Rs.690/ per sq.metre and the interest till the payment of the amount by the petitioner or in the alternative direct the respondent to companysolidate the two plots of land already demised in favour of the petitioner society into one. located in the said residential scheme available to be utilised for educational use. AMS filed M.W.P.No.18578/02 in the High Court of judicature at Allahabad on 01.05.2002 with the following prayers to issue a Writ Order or direction in the nature of certiorari quashing the advertisement dated 15.4.2002 issued in the newspaper Amar Ujala of the said date. The reserved price has been fixed in terms of G.O. It is stated to be managing various educational institutions imparting education such as MBA, MCA, Engineering etc.,
the details of which are number required to be numbered. In the auction Pawan Kumar Aggarwal, the appellant in C.A.Nos. masters companyrse such as MBA, MCA etc. and earnest money of Rs.5.50 lakhs. The main object and reasons for the enactment was to tackle resolutely the problems of town planning and urban development in the State of Uttar Pardesh. He has deposited only the earnest money of Rs.5.50 lakhs. State Government under Section 3 of the Uttar Pardesh Urban Planning and Development Act, 1973. The said Act, has been enacted to provide for development of certain areas of Uttar Pardesh according to plan and for matters ancillary thereto. m. inviting bids from foreign direct investors, building developers etc. This was followed by its letter dated 3.1.2002, once again stating that it was injustice to fix Rs. both being 50 of sector rate. With Regards, Yours faithfully, YOGESH MOHAN Chairman. Honble Sir, Following facts are submitted for your honours kind companysideration That M.D.A. 2620 2621/09 arising out of SLP C No. and the bid was accepted. He filed the Writ Petition No.3007 of 2007 challenging the order of cancellation. To issue any other suitable writ, order or direction which the Honble Court may deem fit and proper in the circumstances of the case. The balance companysideration was required to be paid in installments. SUDERSHAN REDDY, J. and deposit of required amounts within the stipulated time. In all fairness the matter should have ended there. To award companyt of this petition to the petitioner. The brief facts relevant for the purposes of disposing of these appeals may be stated. meter respectively. Elaborate submissions were made by the companynsel for the respective parties. Both these appeals can be dealt with under a companymon judgment since one and the same issue requires to be decided. Leave granted. Hence these appeals. But it did number.
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2009_488.txt
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This Civil Appeal has been preferred by the appellants against the order of the High Court dismissing the review petition filed by them for review of the judgment and order of the High Court in Civil Writ Petition No. P. SINGH, J.
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2005_456.txt
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This appeal is filed against the final judgment and order dated 22.05.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi hereinafter referred to as the Commission in Consumer Case No.1094 of 2018 whereby the Presiding Member of the Commission dismissed the Signature Not Verified companyplaint filed by the appellant herein. Digitally signed by ASHOK RAJ SINGH A few facts need mention hereinbelow for Date 2019.03.07 172916 IST Reason disposal of this appeal, which involves a short point. Abhay Manohar Sapre, J.
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2019_240.txt
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The award of the Tribunal was challenged by the Andhra Bank by way of a Writ Petition in the Andhra Pradesh High Court. Aggrieved by the award of the Industrial Tribunal and the judgment of the High Court, the Andhra Bank is before us in appeal. 1000/ however if housing accommodation is provided by the Andhra Bank, 10 of the basic pay shall be deducted for the companycerned individual and the HRA calculated at 20 shall be surrendered by the companycerned employee, I a or as is paid by the other banks employee referred in the annexure of the claim statement, II it shall be effected from December, 1992 and III the award shall be implemented by the management of Andhra Bank within a month after receipt of the award by the management. In the result an award is passed in favour of the petitioner, Andhra Bank Award Staff Union and against the respondent management situated at Vishakhapatnam, Hyderabad, Head Office I directed to companysider payment of 20 of HRA to project area of Group A at Vishakhapatnam on par with Government employees subject to a maximum of Rs. While some of the other nationalized banks extended the benefits to their employees, the Andhra Bank declined to do so on the plea, inter alia, that it was running into huge losses and was unable to meet the additional burden. present appellant filed a written statement before the Industrial Tribunal questioning the jurisdiction of the Tribunal to entertain the reference and further clarifying that on account of several awards such as the Shastri Award, the Desai Award and several bipartite settlements arrived at between the Bank and its employees from time to time, there was numberobligation on the bank to give the benefits arising out of the declaration dated 1st July, 1971. These differences led to protracted companyciliation proceedings before the Assistant Labour Commissioner, Vishakhapatnam, but numberconcrete solution was arrived at. The Central Government vide its order dated 1st July, 1971 declared Vishakhapatnam as a Group A city. As a companysequence of the aforesaid declaration, the staff of the appellant bank claimed certain additional benefits such as house accommodation, house rent allowance etc. The Central Government thereupon referred the dispute to the Industrial Tribunal for adjudication. The respondent management i.e. HARJIT SINGH BEDI, J. This appeal by special leave arises out of the following facts.
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2008_870.txt
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The appointment to the post in category 2 shall be made by the Governor eitherby recruitment by transfer from the category of Subordinate Judges in Tamil Nadu State Judicial Service or by direct recruitment, provided that number more than ten posts shall be filled or reserved to be filled by direct recruitment. The appellants are direct recruits to the substantive vacancies in the permanent cadre of District and Sessions Judge Grade 11 of Tamil Nadu State Higher Judicial Service. On the appellants recruitment by the High Court and appointment by the Governor, they started discharging their duties as District and Sessions Judges from November 16, 1987 and they were put on probation with effect from that date. They, therefore, filed a writ petition in the High Court seeking direction for declaration of the companypletion of their probation and companyfirmation to the substantive posts. Though they have admittedly companypleted 14 months of probation as prescribed under the rule, their services were number companyfirmed. 356 of 1990, dated September 10, 1991. Heard the learned companynsel on either side. So the High Court dismissed the writ petition. Thus this appeal by special leave from the judgment in Writ Petition No. Leave granted.
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1993_560.txt
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Yusuf Gulam Mohd. The appellant and one Mohd. were charged for an offence under s. 379 read with s 34 of the Indian Penal Code for snatching two sarees from one Govind whilst he was carrying them from the show of his master to that of a washer and dyer. guilty of the offence under s. 379 read with s. 34 and Sentenced each of their to suffer rigorous imprisonment for six months. The learned Presidency Magistrate, who tried the case, accepted the prosecution evidence and found the appellant and Mohd. R B. Datar and Rajen Yash Paul, for the Appellant. It does number appear from the judgment of the learned Presidency Magistrate that, though the appellant was only seventeen years and three months old at the date of the offence and the offence was number punishable with imprisonment for life, the attention of the learned presidency Magistrate was invited to the provisions of s. 6 of the Probation of offenders Act, 1958. 129 of 1971 . 1502 of 1969. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Appeal by Special Leave from the Judgment and order dated the 4th March, 1971 of the Bombay High Court at Bombay in Criminal Appeal No. The appellant preferred an appeal against the order of companyviction and sentence to the High Court of p Bombay but the appeal was unsuccessful. N Shroff, for the Respondent. The Judgment of the Court was delivered by BHAGWATI, J.
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1975_282.txt
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33, Pan Dariba to house No. 39,8/5, Meerapur, Allahabad. In Meerapur he was living as a tenant. By the order the District Magistrate requisitioned the house to provide accommodation to Shri P. N. Singh, Geologist, Directorate of Geology and Mining, U.P. The appellant is the owner of 32, Balrampur House, Mumfordganj, Allahabad. After residing therein for some time, he started living in 33 Pan Dariba, Allahabad with his mother. The State Government obtained the lease for the purposes of residence or Office of the Directorate of Geology and Mining, U.P. The period of lease with respect to Ms own house expired on September 9, 1969. The lease was signed by Shri P. N. Singh, Geologist, on behalf of the State Government. In 1967 the appellant had shifted from the house No. The District Magistrate, Allahabad passed an order under S. 3 of the U.P. 392 of 1970. N. Dikshit and M. V. Goswami, for the respondent. His own house he let out on September 9, 1964 to the State Government for a period of 5 years on a I monthly rent of Rs. B. Goyal and R. A. Gupta, for the appel lant. 300/ . Appeal by certificate from the judgment and order dated January 23, 1970 of the Allahabad High Court in Civil Misc. Temporary Accommodation Requisition Act, 1947 hereinafter referred to as the Act . The appellant filed a writ petition in the Allahabad High Court challenging the validity of the order. DWIVEDI, J. The appellant was directed to hand over possession of the house within 24 hours after the expiry of 15 days from the date of the service of the order on him. M. Tarkunde J. The order was made on October 4, 1969. One of the grounds of challenge was that the order was made without issuing any numberice to him and without giving him a hearing. 80 of 1972. The argument of want of numberice and hearing was number accepted by the High Court. CIVIL, APPELLATE JURISDICTION Civil Appeal No. The petition was dismissed summarily by a Division Bench of the High Court. Feeling aggrieved with the decision of the High Court, the appellant has filed this appeal by special leave. Writ No. The Judgment of the Court was delivered by.
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1972_573.txt
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The Motor vehicles Act. The definition of motor vehicle in s. 2 18 of the Motor Vehicles Act, 1939 excluded motor vehicles used solely upon the premises of the owner. Section 2c of the Orissa Taxation Act adopted the definition of Motor vehicles Act as found in Motor Vehicles Act, 1914. The appellant companypany owned 17 motor Vehicles, tractors, trailers and lorries all of which are registered in the companypanys name under the Motor Vehicles Act. 914 was repealed and replaced by the Motor Vehicles 1396 Act, 1939. 199/65 before the High Court of Kerala claim in that they were number liable to pay any tax on the motor vehicles. Vellapally and T. M. Ansari for the Appellant in A. This Court in the decision cited was dealing with the Orissa Motor Vehicles Taxation Act, 1930. 437 437 and 1460 of 1970. The companypany wrote to the Department on 28 12 1964 stating that the vehicle was being used for agricultural purpose on private roads in the Estates and the companypany is number liable to pay tax and asked for the release of the vehicle. Kapil Sibal, Vellapally and T. M. Ansari for the Appellant in A. The main companytention raised on behalf off the appellant was that the learned single Judge was in error in holding that all motor vehicles used or kept for use in the State quite irrespective of any question as to whether or number they are used on public roads, is erroneous in so far as it related to motor vehicles used or kept exclusively for use in private estate and number used or kept for use on the public roads of the State. The companypany alleged that the vehicles were purchased by it solely and exclusively for use in the estates and intended to be used only for agricultural purpose and were number used number kept for use in the State as companytemplated under s. 3 of the Act. 437 of 1970 is Travancore tea Estates Co. Ltd. Vandiperiyar in Kerala State. 437 of 1970. Kapil Sibal, M. Vellapally and T.M. B. Divan, M. Vellapally and T. M. Ansari for the Appellant in CA 437/70. The Act provides that a tax at the rates fixed by the Government by numberification in the Gazette number exceeding the maximum rates specified i the First Schedule shall be levied on all Motor Vehicles used or kept for use in the State. 2 and 4 are the authorities functioning under the Kerala Motor Vehicles taxation Act Act 24 of 1963 which will hereafter be referred to as the Act, was brought into force on 1 7 1963. 438/70. According to the appellant the seizure was effected in Tengamullay Estate which is one of the eight estates owned by the companypany. Ansari for the Appellant in 1460/70. The companypany is a tea plantation having eight estates which lie companytiguous to each other and have an extent of 1391 9422.44 acres in the aggregate. 12 4 68 held that the 13 vehicles mentioned in the original Petition were liable to pay was under they act. 3,150/ as tax under protest for the period between 1 7 63 to 31 12 94, the vehicle was released. The companypany for the purpose af plantation are maintaining roads fit for vehicular traffic in the eight estates companyering a length of 131 miles in the aggregate on 23rd September, 1964 a Bedford Lorry owned by the companypany and bearing registration No. 2081/68 filed by Peermade Tea Co. who are the appellants in C.A. 438/70 in this Court, by a companymon order dt. On the companypany paying a sum of Rs. T. Harindranath and K. M. K. Nair for the Respondents in all the appeals. The 1st respondent is the State of Kerala and respondents number. The department proceeded to prosecute the appellant in the Peermade 1st Class Magistrates Court and the case is still pending, The appellant companypany filed o. P. No. 451, 630 and 807 of 1969 respectively. The 2nd respondent rejected the pleas of the appellant and by his order dt. KLK 1540 was seized by the police and taken into custody under s. 13 of the Act. 438/ 70. Appeals by Special Leave from the Judgments and orders dated 24 3 1969 10 11 1969 of the Kerala High Court in Writ Appeal Nos, 451/79, 630/69 807/69. The High Court by its judgment dt. 2173/68 along with o. P No. 1392 Aggrieved by the decision of the single Judge the appellant took the matter up on Letters Patent Appeal. The companystitutional validity of the Act was number questioned before the Bench. In the meanwhile it directed stay of prosecution and companylection of tax the matter was taken up for companysideration by the 2nd respondent. The Letters Patent Bench affirmed the decision of the single Judge and rejected the appeal. These three appeals are by special leave granted by this Court against the judgment and order of the High Court of Kerala in Writ Appeals Nos. 3rd March, 1966 directed the Regional Transport officer, Kottayam 2nd respondent herein, to examine the question raised in the writ petition and to pass final orders. As the facts so far as they are necessary for decision in these appeals are similar, we will companyfine the judgment to the facts in Civil Appeal No. The Judgment of the Court was delivered by KAILASAM, J. The appellant in Civil Appeal No. The questions that arise for companysideration in all the three appeals and the same and can be dealt with together. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. The appellant filed a petition before the High Court for appropriate relief. The High Court disposed of the petition P. No. It also directed that if the petitioner was aggrieved with the order he was at liberty to approach the High Court. 19th December, 1968.
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1980_232.txt
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It appears from the above quoted objections filed by Laljhari Devi, after the companypromise preliminary decree in Title Suit No. 100 of 1956 was filed in which Laljhari Devi was impleaded as 15th defendant. It would appear that the Advocate Commissioner appointed in the final decree proceedings separately demarcated the portion in which Laljhari Devi was residing. He also companytended that the preliminary decree having been passed without numberice to Laljhari Devi, the same does number binding on her. Since preliminary decree did number recognise the right of Laljhari Devi and the same having become final, she did number acquire any share in the companyarcenery property. The preliminary decree became final. She companytinued to live therein and Laljhari Devi died on 10th July, 1984. Laljhari Devi, maternal grandmother of the appellant and widow of one Kamla Prasad Singh filed Suit No. The argument was that she and on her behalf her daughter, Krishna Devi were entitled to object to passing of the final decree asserting their right to a share in terms of the companypromise decree passed in Suit No. 106 of 1941. After its receipt without further numberice to her, she was set ex parte, the other companytesting companyarceners entered into three companypromises and a preliminary decree was passed thereon in which the rights secured by Laljhari Devi in her Suit No. 100 of 1956 was passed, that she had admitted to have life estate of right to residence and maintenance given in companypromise decree in Suit No. Therefore, Krishna Devi was number entitled to be substituted. Therefore, the companyrts below were number right in rejecting the application for substitution and to reopen the preliminary decree. 106 of 1941 and that she would be satisfied if the life estate was preserved during her life time and the property was accordingly demarcated separately for her peaceful enjoyment. A companypromise decree dated 2nd May, 1942 was made for maintenance, wherein a life estate for residence in a portion of the residential house was provided for her. The companyrts below refused to reopen the case and dismissed the application on the ground that after the knowledge of the ex parte decree having been made against Laljhari Devi she did number make an application under Order 9 Rule 13, Civil Procedure Code for short, the Code. On her death intestate, Krishna Devi succeeded to the estate of her mother as class I heir and thereby the appellant became the absolute owner. 106 of 1941 were number reiterated. Subsequently, in the final decree proceedings she had appeared and made here objections expressly stating on September 30, 1967 that the life estate of right to residence should be preserved and the same may be separately demarcated. Krishna Devi filed an application for her substitution as her mothers legal representative claiming that the limited estate created in the companypromise deed dated 2nd May, 1942 was enlarged into an absolute estate under Section 14 1 of the Hindu Succession Act, 1956 for short, the Act and that thereby she acquired 1/6th share in the said property and that she was entitled to reopen the final decree. Krishna Devi who also remained to live in that house died and the appellant has companye on record as her legal representative. Admittedly, she companytinued to live in the premises throughout her life till her death and also received maintenance in terms of the companypromise decree. 106 of 1941 for partition of the Hindu joint family property. On revision, the High Court by the impugned order dated May 12, 1994 held that pending revision, final decree had become final, the question of reopening the preliminary decree and substitution of the appellant does number arise. In 1956, Title Suit No. Thus That this opposite party is an aged and Paradanasin lady of a highly respectable family and she being in the sole occupation of the residential portion of Sadhana House aforesaid and more fully detailed and described at the foot of this petition and she being in peaceful exclusive possession over the same from a long number of years, improving and maintaining the same and the same being recognised by the parties, it is necessary, just in the ends of justice that her exclusive possession over the zanana portion of Sadhana House be kept in tact and be number disturbed by any of the parties till her life time, and the final decree be ordered to be prepared in such a way that the portion in her occupation as said forth above be number disturbed in any way. Therefore, she had become the absolute owner. On 1st August, 1984, her daughter, Smt. Accordingly the applications were dismissed on 25th March, 1985. The High Court dismissed the revision application. One Smt. It would appear that since one of the issues companyld number be tried by the civil companyrt, a reference was made to the Revenue Court and a finding in that behalf was called for. Leave granted. Thus this appeal by special leave.
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1995_587.txt
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The appellants are the State of Orissa and the Collector of Commercial Taxes, Orissa. It was admitted, however, that the bidi leaves were companylected in Orissa, were processed and manufactured for sale and then stored in godowns in Orissa they were then sold and dispatched to different customers outside Orissa. One of the pleas taken before the appellate authority was that the respondent was number a dealer in Orissa inasmuch as the sales of bidi leaves were number effected in Orissa. The leaves so companylected were made up into bundles and stored in the respondents godowns in Orissa. They were then sold and dispatched to various destinations outside the State of Orissa. During the years 1948 to 1951 it was engaged, in companylecting bidi leaves from certain forest areas in Orissa. was given up, and it was admitted by the respondents pleader that the sales were companypleted in Orissa . The assessing authority held on the materials before it that the transfer of property in the bidi leaves sold and dispatched to customers as aforesaid was companypleted in Orissa and the respondent wailfully. The respondent did number get itself registered as a dealer under the Orissa Sales Tax Act, 1947 Orissa Act XIV of 1947 , hereinafter called the Act. This is an appeal on a certificate granted by the High Court of Orissa. To this numberice the respondent sent a reply to the effect, substantially, that it carried on numberselling business in Orissa and was, therefore tinder numberliability to register itself as a dealer in Orissa or to pay sales tax under the Act. Thereafter, the respondent took numberpart in the assessment proceedings and made numberappearance before the assessing authority except on June 30, 1951, when one of its partners Narvaram Popatbhai appeared and said that the accounts were at Bagbehera and the dispatches of bidi leaves from Orissa were mixed up with other dispatches and, therefore, he was number in a position to give a companyrect account of the business in Orissa. 500 for each quarter. The respondent then moved the High Court of Orissa by means of a writ petition in which it was companytended that 1 the respondent was number a dealer in Orissa 2 that the sales of the post Constitution period were sales within the meaning of the Explanation to Art. The respondent then moved in revision, but the revision petition having been filed out of time was rejected by the Collector of Commercial Taxes, Orissa. The respondent is a partnership firm called Messrs. Chakobhai Ghelabhai and Company dealing in bidi leaves. 61,250 for each of the twelve quarters, the first quarter ending on June 30, 1948, and the last quarter ending on March 31, 1951. Appeal from the judgment and order dated September 5, 1955, of the Orissa High Court in O. J. C. No. Against these orders of assessment the respondent went up in appeal to the Assistant Collector of Sales Tax, Sambalpur. The orders of assessment were made on two dates on July 4, 1951, for four quarters and on August 29, 1951, for the remaining eight quarters. IV showing separately the particulars of its turnover for each of the quarters companymencing October, 1947, and upto June 30, 1950. The respondent firm has its headquarters in Bagbehera in Madhya Pradesh. The assessing authority then proceeded to assess the tax to the best of its judgment and determined the taxable turnover to be Rs. failed to get itself registered and to submit a return of its turnover. The appeal was then heard on the companytentions that 1 the turnover determined was excessive, and 2 that numberpenalty should have been imposed. On July 21, 1950, a numberice was issued to the respondent by the Assistant Sales Tax Officer, Patna Circle, requiring it to submit a return in Form No. B. Dadachanji for the respondents. B. Dadachanji, for the Intervener. These companytentions were rejected by the appellate authority. On these companytentions the respondent asked for a writ quashing the assessment proceedings and the numberices of demand and for a direction for a refund of the fees paid. C. Chatterjee, H. J. Umrigar and T. M. Sen, for the appellants. It also imposed a penalty of Es. The respondent was also asked to show cause why a penalty should number be imposed on it under s. 12 5 of the Act. M. Thakar and J. 710 of 1957. Gopalakrishnan and J. 92 of 1954. In the companyrse of the hearing of the appeal this plea. September 20. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by K. DAS J. The short facts are these.
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1960_291.txt
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I had gone to Bajruhatola in companynection with the case of Bali Ahir. Khaderan Prasad Singh, PW 4, identified Bali Ahir, Chain Ahir and Ramadhar Ahir, appellant Nos. He, therefore, fully knew Bali Ahir of Bajruhatola and there is numberquestion of identification by him when he personally knew Bali Ahir. In the second identification parade Harihar Prasad Singh, PW 2, identified Bali Ahir and Chain Ahir, appellant Nos. Moinuddin Khan, PW 3, identified Bali Ahir and Chain Ahir, appellants 1 and 2. Bali Ahir also was an accused in a theft case and I had arrested him at Tetaria. In the first identification parade companystable Moinuddin Khan, PW 3, identified Ramadhar Ahir, appellant No. Harihar Prasad Singh was taken to the hospital at Arrah for treatment. Bajruhatola is about a mile from the police quarters and Udwantnagar is about half a mile from the police quarters. At about 2 a.m. in the night Harihar Prasad Singh woke up on hearing an alarm raised by his wife of thief thief. Sub inspector Ganesh Singh came back after chase and recorded the statement of Harihar Prasad Singh Ext. At the relevant time Harihar Prasad Singh was posted as an Assistant Sub Inspector of Police at Udwant Nagar police station in the district of Arrah. The dacoits took out four boxes from that room. Champa Devi, wife of Harihar Prasad Singh, was also examined and the doctor found one lacerated wound 3 x 1/2 x bone deep, on the head. In response to the alarm, the officers of the police station viz.,
sub inspector Ganesh Singh, Assistant sub inspector Khaderan Singh and three companystables Ganga Singh, Moinuddin Khan and Ram Bahadur arrived at the place of occurrence and they chased the dacoits for some distance but in vain. He had his residential quarters in the companypound of the police station, Udwantnagar. The wife caught hold of one box but she was given a lathi blow on her head and one lathi blow on the back. His wife and younger son, Ashok Kumar were sleeping on a chauki in the companyrtyard. The appellants along with three others were companymitted to the Court of Sessions to stand their trial for an alleged offence under Section 395 IPC, in companynection with a robbery companymitted in the house of Harihar Prasad Singh, PW 2. The dacoits thereafter decamped taking two of the boxes. On the night of 2nd and 3rd May, 1968 he was sleeping in the outer room of his quarters. Then they came out of the room and began to raise alarm. In the meantime his wife and son went to the southern room, in which his younger brothers wife Bhawah was sleeping, to companyceal themselves and tried to close the door leaves but they companyld number succeed because three of the miscreants broke into the room by pushing it. In the meantime five to seven persons entered the companyrtyard and began to assault him with lathis. Mukherjee, PW 6. The doctor found six injuries on his body including one incised wound 31/2 x 1/2 x bone deep on head. Therefore, two identification parades were held, one on 8th May, 1968 by Shri Yogendra Nath Jha, PW 7, and the other on 24th May, 1968 by Shri S.M. One of them hit him with a lathi on his forehead. One box companytained utensils etc. He went inside the companyrtyard and found a person opening the door. From the first information report it appears that the dacoits were unknown persons. 2, 3 and 4 identified the appellants in companyrt also. He caught hold of him by the waist. 1, 2 and 3 respectively as the persons who were seen running away from the place of occurrence. and the other companytained woollen and companyton clothes. I had issued a forwarding letter in that companynection. It, however, gave benefit of doubt to the remaining three accused and acquitted them. 1 and 2 respectively. Misra, J. Other persons also assaulted him. It relates to an affair within a year from the occurrence. The present appeal by special leave is directed against the judgment of the High Court of Patna dated 8th November, 1974 whereby the appeal of the appellants was allowed in part and their companyviction under Section 395 IPC was set aside, and instead the appellants were companyvicted under Section 394 IPC and sentenced to rigorous imprisonment for four years. I do number remember how many times I had gone. On receiving injuries he fell down. Prosecution witness Nos. The appellants, have number companye to challenge the judgment of the High Court by filing the present appeal by special leave, as stated earlier. It was I who had sent him up.
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1983_13.txt
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No stone crusher shall operate in the Union territory of Delhi from August 15, 1992 onward. No stone crusher shall operate in the above said area form August 15, 1992 onward. The mechanical stone crushers established operating in Suraj Kund, Lakhanpur, Lakkarpur, Kattan, Gurukul, Badkhal, Pallinangla, Saraikhaja, Anangpur and Ballabgarh areas of Haryana shall stop operating functioning with effect from August 15, 1992. For the reasons to be recorded and pronounced at a later stage we order and direct as under The mechanical stone crushers established operating in Lal Kuan, Anand Parbat, Rajokri, Tughlakabad and in any other area of Union territory of Delhi shall stop operating functioning with effect from August 15, 1992. The Stone crushers in the Union territory of Delhi Faridabad Ballabgarh Complex which do number have valid licences from the Authorities under the Delhi Municipal Corporation Act 1957/Faridabad Complex Administration Regulations and Development Act 1971 or from any other authority which the law requires, shall stop functioning and operating with immediate effect. Bisht, Ms. Seema Midha, K.R.R. The writ petitions filed by the owners proprietors of stone crushers in Delhi High Court which have been transferred to this Court shall stand dismissed with numberorder as to companyts. The stone crushers, in respect of which closure orders directions have been issued by the Central Pollution Control Board under Section 31A of Air Prevention and Control of Pollution Act, 1981 or by the Central Government under Section 5 of the Environment Protection Act 1956, shall stop functioning operation with immediate effect. C No.245 50/91. Dhingra, Shashank Shekhar, Vishnu Mathur, Vijay Pandita, Randhir Jain, N.S. Mahajan, S.S. Chadha, R. Mohan, Ms. Rekha Pandey, K.B. Goyal, Dr. M. Singhvi, R. Sasiprabhu, Ms. Anil Katiyar and B.Y. Saharya, Ranjit Kumar, R. Sridharan, Ms. Indu Malhotra, P.K. C No.521/87 T.P. Duda, B.R.L. Jain, I.S. Misra, C.V. Subba Rao, Kailash Vasdev, V.B. Rao, V.C. Satish Chander, Hardev Singh, P.N. Suri, R.B. Iyengar, P.P. Rohtagi, S.K. Pillai, R.S. WITH C. C No. 75 89/91 W.P. ORIGINAL JURISDICTION Writ Petition C No.4677 of 1985. The following Order of the Court was delivered We reserved judgment in these matters on April 24, 1992. Kulkarni for the appearing parties. C. Mehta Petitioner in person. Under Article 32 of the Constitution of India .
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1992_283.txt
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Inspection of these 37 items of jewellery was to be offered to the intending bidders from March 6 to March 9. After an inspection of the 37 items of jewellery, the eighth respondent, Peter Jansin Fernandez, companyfirmed his offer and deposited the amount of Rs. The resolution of the Board of Trustees of March 8, 1978, Ex. 20.25 crores was forthcoming. The Board of Trustees accordingly passed a resolution to sell the jewellery immediately. The 37 items of jewellery put up for sale were divided into 16 groups. 20.25 crores on behalf of the eighth respondent and his companynterpart. 20.25 chores. It appears that in the meanwhile, the eighth respondent, Peter Jansin Fernandez, made an offer to purchase the 37 items of jewellery in one lot for Rs. The Experts Committee inspected the jewellery at the vault of the Mercantile Bank. The Chairman of the Board of Trustees, Malhotra was admittedly number present in Bombay on March 9, 1978 when the tenders were opened by the remaining four trustees. On such deposit being made, the eighth respondent along with his foreign companynterpart were to be given an opportunity to inspect the 37 items of jewellery which were previously offered for sale by the Board of Trustees. 6,62,58,500 while Vithaldas, R. W. 6, the valuer appointed by the trustees, by his valuation report dated March 18, 1978 valued these 37 items of jewellery at Rs. The Minutes of the last meeting of the Trustees held on 5th March, 1978 were companyfirmed. 14.43 crores pn the ground that there was numberconcluded companytract between the parties and instead accepted the offer of the eighth respondent, Peter Jansin Fernandez, for the sale of the aforesaid jewellery to him for Rs. 14.43 crores, and accepting instead the offer of the eighth respondent, Peter Jansin Fernandez for Rs. The telegrams sent by him mentioned that inspection of the jewellery companyld be had from March 6 to 9. The eighth respondent having furnished the bank guarantee, the High Court directed that inspection of the jewellery be granted to him and his companynterpart at the Mercantile Bank Ltd., on May 27, 1978. The High Court by its Order dated June 12, 1978, set aside the alleged sale of the 37 items of jewellery by the Board of Trustees in favour pf the appellant and other successful tenderers for a sum of Rs. This was duly companyplied with by the eighth respondent, Peter Jansin Fernandez, and the irrevocable bank guarantee for Rs. Malhotra, who is the Chairman, companyveyed to the trustees that the Government of India were number likely to acquire any of the 37 pieces of jewellery with regard to which negotiations were being made. Resolved that the tenders received be examined and decided by the Trustees present at the meeting to be held for the purpose on 9th March, 1978. 20.25 crores made by him before the high Court for the purchase of the 37 items of jewellery, and instead gave an undertaking to furnish an irrevocable bank guarantee by the State Bank of India at Hyderabad to that extent. The application was taken up by the Court on March 14, 1978, and the learned Judge on the same day granted an ad interim injunction restraining the trustees from taking any steps to finalise the sale of the jewellery. 20.25 crores made during the pendency of the appeal before it. Secretary to the Government of India, Ministry of Finance, Department of Economic Affairs, is the Chairman of the present Board of Trustees of H. E. H. The Nizams Jewellery Trust, as a numberinee of the Government of India. The said jewellery is kept in the safe deposit vault of the Mercantile Bank Ltd. at Bombay. On the 8th of March, Malhotra was present throughout, at the Mercantile Bank Ltd., and there was also a meeting of the Board of Trustees. On June 12, 1978, Princess Fatima Fouzia was permitted to withdraw and her sister Princess Amina Mirzia was brought on record as appellant, No. 20.25 crores in Court, and was, therefore, permitted to intervene. 20.25 crores within one week from the date. On March 10, 1978, the Secretary addressed letters of acceptance Exs. Pursuant to the resolution of the Board of January 9, 1978, the Secretary of the trust applied to the Director of Archaeological Survey of India, for the grant of clearance for sale of the said jewellery and in companysultation with Dinshaw Jahangir Gazder R. W. 3, a numbered jeweller of Bombay, with the companycurrence of M. A. Abbasi decided upon the procedure to be adopted for the eventual sale of these 37 items of jewellery. 141 of 1978, in the Court of the Chief Judge, City Civil Court, Hyderabad, under Section 74 of the Trusts Act for removal of the present trustees for alleged dereliction of duty, negligence and mismanagement on their part, with particular reference to the manner in which the 37 items of jewellery belonging to the trust were brought to sale. Resolved that the delivery of articles sold be arranged on dates companyvenient to the Trustees preferably number later than 25th March 1978. 54 65, to the appellants and other successful bidders, requiring them to pay the balance of 90 per cent of the tender price on or before March 21 and 22, 1978 as the case may be, and to take delivery of the items of jewellery purchased by them. In these appeals, one of which is by special leave and the other two on certificate, brought from a judgment of the Andhra Pradesh High Court dated June 12, 1978, the short question is whether that Court was justified in setting aside the alleged sale of 37 items of jewellery belonging to H. E. H. The Nizams Jewellery Trust, effected by the Board of Trustees in exercise of their discretionary power of sale under Clause 13 of the Trust deed in favour of the appellants and other successful tenderers for Rs. These talks required his personal presence at Delhi, because they were matters of national importance, On March 9, 1978, the remaining four trustees are alleged to have opened the tenders and accepted all the highest tenders except in respect of item No. 20.25 crores and also applied to be impleaded as a party respondent in the appeal. On January 31, 1978, Gazdar sent intimations Exs. And further resolved that in case such Trustees did number find a satisfactory offer or offers in respect of any of the items offered for sale, they may reject the tendered offers and negotiate the sale of any item with any party for a higher price. On March 10, 1978, the first respondent, Princess Fatima Fouzia, one of the beneficiaries and a grand daughter of the Nizam, instituted the present proceedings, being O. P. No. During these proceedings the Government appointed a Committee of Valuers which by its report dated January 3, 1976, valued all the 107 items of jewellery at Rs. The other four trustees are Prince Muffakham Jah, Zaheer Ahmed, Ataur Rehman and M. A. Abbasi. B 49, were got drafted by M. A. Abbasi, one of the trustees, and M. A, Ashruff, Secretary, through a firm of solicitOrs. On April 21, 1978, the High Court impleaded the appellant as a party to the appeal, and in order to test the bona fides of the eighth respondent, Peter Jansin Fernandez, directed that he should deposit the amount of Rs. On March 16, 1978, M. A. Abbasi, one of the trustees filed a companyriter and prayed for vacating the injunction ana ultimately the Court after hearing the parties vacated the injunction on March 27, 1978, On March 28, 1976, the first respondent, Princess Fatima Fouzia filed an appeal before the Andhra Pradesh High Court and on April 13, 1978, the High Court directed that the status quo ante be maintained. 20.25 crores furnished by him is due to expire on September 20, 1979. 6.92 crores. The letters of the Secretary, as far as material, read The unique companylection of the fabulous oriental jewellery of the once richest man of the world, HEH the Nizam of Hyderabad and Berar, the erstwhile premier prince of India, is companying up for sale in Bombay sometime during the first or second week of March 1978. The facts of the case, so far as they are material, are number number in dispute, and are as follows The late H. E. H. Nawab Mir Sir Osman Ali Khan Bahadur, the Nizam of Hyderabad, by an indenture dated March 29, 1951, created a trust called H. E. H. The Nizams Jewellery Trust, in respect of 107 items of extremely valuable, rare and priceless jewellery of exquisite design and beauty studded with emeralds, diamonds, saphires, rubies etc. On May 8, 1978, the State Bank of India at Hyderabad furnished an unconditional guarantee to the tune of Rs. She also filed an application for temporary injunction under Order 39, Rule 1 of the Civil Procedure Code for restraining the trustees from taking any further steps towards the finalization of the sale of jewellery. The next meeting of the Board was held on January 25, 1978 but Malhotra companyld number attend it. It appears that M. A. Ashruff, Secretary, also addressed letters dated February 8/10, 1978 Exs. In respect of the appellants M s. Shanti Vijaya Co., the date fixed was March 17, 1978. At this stage, the first respondent, Princess Fatima Fouzia, filed an application to withdraw the appeal. During the companyrse of inspection, however, the trustees decided to restrict the period of inspection till March 3 and they informed the intending bidders accordingly, and asked them to give their bids before a particular hour on March 9. It appears that the companyditions of sale, Ex. On April 18, 1978, the appellant M s. Shanti Vijay Co., one of the successful bidders, also applied to be impleaded as a party respondent. Conditions 11 and 12, which formed an integral part of the companytract of sale, are as follows Tenders will be opened by the Trustees on the date announced at the time of inspection and the party whose tender is accepted will be numberified soon thereafter. 72 87 and also sent telegrams dated February 25, 1978 Exs. Malhotra, Addl. He companyld number leave Delhi from March 9 to 23, during which period the talks companymenced earlier on January 28, 1978, had entered a crucial stage. Clause 13 of the trust deed, Ex. 2, as there was ja danger of entire body of beneficiaries being deprived of an amount of Rs, 5.78 crores. The parties were heard on the application, but before any orders companyld be passed her sister Princess Amina Mirzia, the second respondent, applied for permission to be impleaded as appellant No. B. Consideration and decision on tenders received. He had to be away from Bombay on the morning of 9th and 10th March due to official, preoccupation at New Delhi. It would thus appear that the intending buyers were number numberified the date of sale. 16 of Group XIV, which was negotiated on the next day for a higher price of Rs. 88 100 to 29 reputed dealers, seven of whom were jewellers from abroad and the remaining 22 in the companyntry, as per list Ex. 130 133 to some foreign and Indian nationals abroad regarding the intended sale of the jewels. The jewellary shall on acceptance of the tender become immediately the property of the buyer and shall be available for delivery to the buyer immediately thereafter on payment of the balance of 90 of the tendered amount as specified in para 12 below. B 106 was in these terms To companyfirm the minutes of the last meeting. Delivery of articles sold. P. Sen, J. The exact dates will be numberified later. He was busy at Delhi heading a group which was negotiating with a high powered Russian delegation to settle rupee rouble exchange ratio and companynected matters. R.N.
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1979_307.txt
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He was posted as Branch Manager, Panagar Branch, Jabalpur Region from 04.07.1996 to 26.05.1999. The appellant was an employee of the Bank of India. On 08.09.2000, a memo was issued by the Chief Regional Manager, Bank of India, Jabalpur to the appellant mentioning therein that during his tenure as Manager of Panagar Branch, certain irregularities lapses were reported in disbursement of loans. After passing of the order of punishment, the Chief Regional Manager accepted the appellants application for voluntary retirement by letter dated 19.06.2001. On 18.10.2000, the appellant submitted his reply to the Chief Regional Manager, Jabalpur. 3842 of 2002 by which the Single Judge dismissed the writ petition of the appellant wherein the challenge was to the order dated 20.03.2001 passed by the Chief Manager, Bank of India respondent No.3 herein imposing the punishment of reduction of his basic pay by five stages on the appellant. Being aggrieved by the said order of punishment, the appellant preferred a departmental appeal before the Zonal Manager, Bank of India, Ujjain Zone. By order dated 20.03.2001, the Chief Manager, Dewas Branch and Disciplinary Authority, passed an order awarding the companysolidated penalty of reduction in the pay of the appellant by five stages in the time scale for a period of 3 years and on the expiry of such period, the reduction was to have the effect of postponing the future increments of his pay to the extent in terms of Regulation No.4 1 of Bank of India Officer Employees Discipline Appeal Regulations, 1976 in short the Regulations . On 01.11.2000, the respondent Bank announced Voluntary Retirement Scheme, 2000 in short Scheme with a view to lay off approx. The appellant also applied for voluntary retirement on 16.11.2000. The appellant claimed that due to his good performance, his Branch won the award of Best Branch of the Year. According to the appellant, during his tenure, the profits of the said Branch were increased from 2 lakhs to 30 lakhs, deposits were increased from 6 crores to 11 crores and advances were increased from 2 crores to 4 crores. The charges were in relation to the irregularities which were mentioned in the memo dated 08.09.2000. In response to the said Scheme, the Bank received 7600 applications as against 6000. The appellant also claimed that the NPA of the Branch fell down from 57 lakhs to 20 lakhs. 6000 extra employees. It was for the Appointing Authority to have taken into account the seriousness of the charge and overall performance of the appellant while imposing punishment. The relevant para of the punishment order reads as under The acts of misconduct companymitted by you are serious in nature but keeping in view facts and circumstances of the case, I have decided to take a lenient view in the matter and to impose upon you Consolidated Major Penalty of reduction in pay by five stages in a time scale for a period of three years with the further direction that you will number earn your numbermal increments of pay during the period of such reduction and reduction will have the effect of postponing your future increments to that extent in terms of clause 4 f of Bank Of India Officer Employees Discipline and Appeal Regulations, 1976. In this way, the appellant stood retired from the services of Bank w.e.f. Accordingly, offers were made to the staff in general for opting voluntary retirement pursuant to the Scheme on or before 31.12.2000. On 02.03.2001, the appellant was served with the charge sheet. The appellant filed his reply on 13.03.2001 to the charge sheet and accepted all the charges companytained therein unconditionally. Suffice it to say, once the appellant admitted the charges, appropriate punishment as prescribed in the Rules companyld be inflicted on him. The Single Judge of the High Court by order dated 20.04.2006, dismissed the writ petition. The details of several irregularities alleged to have been companymitted by the appellant were mentioned in the memo. It was done by the authorities companycerned in this case as would be clear from mere perusal of the punishment order. 171 of 2006 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant preferred against the judgment and order dated 20.04.2006 of the Single Judge of the High Court in Writ Petition No. Against the order of the Single Judge, the appellant filed an intra companyrt appeal being W.A. The appellant on 05.01.2001 was informed that his application is in the process. The appellant was asked to submit his reply. The next submission of the learned companynsel for the appellant that since the appellant had unblemished career throughout in his service period, the disciplinary proceedings initiated against the appellant were number called for and deserve to be quashed also have numbersubstance. By order dated 21.06.2002, the Appellate Authority dismissed the appeal. Challenging the said order, the appellant preferred writ petition being W.P. Heard Mr. Mehul M. Gupta, learned companynsel for the appellant and Mr. S. Gopakumaran Nair, learned senior companynsel for the respondents. This appeal is filed against the final judgment and order dated 09.05.2007 passed by the High Court of Madhya Pradesh at Jabalpur in Writ Appeal No. Aggrieved by the said order, the appellant employee has preferred this appeal by way of special leave before this Court. 171 of 2006 before the High Court. The Division Bench of the High Court by impugned order dated 09.05.2007 dismissed the appeal and upheld the findings of the Single Judge. No.3842 of 2002 before the High Court. Abhay Manohar Sapre, J. In order to appreciate the issue involved in this appeal, it is necessary to set out the relevant facts in brief infra. No.
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2016_661.txt
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P2 recorded by the Magistrate V.Surender Rao PW 1 and Exbt. P 2 and P 12, and that Exbt. Thereafter, he took the thumb impression of the deceased on her declaration Exbt. The prosecution mainly relied on the evidence of PWs 3 to 7, dying declaration Exbt. He also doubted whether the deceased was in a fit companydition to make such a dying declaration. In cross examination, he has stated that he companyld read and speak in Hindi the deceased had made statement in Urdu which he companyld understand as Urdu and Hindi languages are almost similar and in Hyderabad, Urdu and Hindi languages are spoken in the same way, there being numbermuch difference. P 2, the dying declaration recorded by PW 1, the Magistrate, particularly when it was attested by the doctor on duty, PW 11. He has certified that he had signed it and had taken the endorsement of the doctor on duty that the deceased was in a fit state of mind to make a statement the deceased had made the dying declaration in question answer form in Urdu and he had translated the version and recorded the declaration in English. The deceased Razwana Parveen was married to the appellant No. Mohammed Allauddin Asir Mansoori PW 3 , Allauddin Mansoori PW.4 , and Rahman Bee PW.5 are the brother, father and the mother of the deceased respectively. After recording her statement, he explained the statement in Hindi to the deceased who admitted its companyrectness. PW 11, Dr. Vidya Sagar, companyroborated the statement of PW 1, to the effect that the deceased was in a fit mental companydition to make statement and that he was present when the statement was recorded by the Magistrate. The High Court has numbericed that Surender Rao, PW 1, the Magistrate has testified that on 10.3.1988 he recorded dying declaration between 2.46 A.M. to 3.15 A.M. The learned Sessions Judge, finding some minor companytradictions in Exbt. The High Court held that the trial companyrt was wrong in rejecting Exbt. P 2 was number recorded in the language in which the dying declaration was made, rejected it stating that much weight companyld number be given to it. On 9.3.1988 at about 9.30 M., the deceased sustained burn injuries in the house of the appellants where she was living. It was alleged by the prosecution that the deceased companymitted suicide because of cruel treatment of the appellants after her marriage and that the appellants were demanding dowry from her. The learned trial judge did number accept the case of the prosecution that scolding and taunting of the deceased by the appellants for number preparing proper food or that she was number good looking was number such a cruelty so as to push her to companymit suicide. For numbergood reasons, the trial companyrt did number accept the evidence of PW 3 to 7. She died at 11.00 A.M. on 12.3.1988 due to burn injuries. The appellants were tried for offences under Sections 304 B, 306 and 498 A of the Indian Penal Code. The High Court, on reappreciation of the evidence objectively and on dislodging the reasons given by the trial companyrt for acquittal, companyvicted and sentenced the appellants. It is yet another unfortunate case of a young girl of 18 years whose all hopes and aspirations to live a happy married life were burnt and destroyed by the burn injuries caused by herself to end her life when the appellants subjected her to cruelty and abated the companymission of suicide by her within 11 months after marriage. There is numberdirect evidence to establish the case of the prosecution. On appeal, the High Court while companyfirming the order of acquittal under Section 304 B of the IPC, set aside the order of acquittal recorded under Sections 306 and 498 A and companyvicted and sentenced them for two years rigorous imprisonment each for the said offences making the sentences to run companycurrently. 1 on 26.4.1987. The prosecution case as projected during the trial is that the appellant No.1 is the son of the appellant No. P 12, report made to Head Constable. She was shifted to Osmania General Hospital at Hyderabad. The State has number filed any appeal against the order of the High Court companyfirming the order acquitting the appellants for the offence under Section 304 B IPC. The learned Sessions Judge, after trial acquitted them of all the charges giving benefit of doubt. Shivaraj V. Patil J. Thus, aggrieved by this judgment and order of the High Court, the appellants have filed this appeal before this Court.
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2002_586.txt
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Appellant Committee is established under the Delhi Agricultural Produce Marketing Regulation Act, 1998 1998 Act, for short . The provisions of the said 1998 Act enjoin upon the appellant to provide the facilities for marketing of agricultural produce in Narela, Delhi. This is apart from performing other functions and duties such as superintendence, direction and companytrol of markets for regulating the marketing of agricultural produce. The A.O. The view taken was that the amended provisions of Section 10 20 of the 1961 Act were number attracted to Agricultural Produce Marketing Societies or Agricultural Market Boards even when they may be local authorities under Central or State Legislations. In this batch of civil appeals a short question which arises for determination is whether Agricultural Market Committee AMC, for short is a local authority under the Explanation to Section 10 20 of the Income tax Act, 1961 1961 Act, for short . By impugned decision dated 2.6.06, Delhi High Court following its earlier judgment in the case of Agricultural Produce Market Committee, Azadpur v. Commissioner of Income tax I.T.A. For the assessment year 2003 04, the appellant Committee claimed exemption from payment of tax under income earned by it on the ground that it was a local authority within the meaning of Section 10 20 of the said 1961 Act. For the sake of companyvenience we refer to the facts mentioned in Civil Appeal No of 2008 arising out of L.P. C No.6757 of 2007 filed by AMC, Narela, Delhi. Aggrieved by the decision of the Tribunal, the appellant moved the High Court by way of Income Tax Appeal No.819/2006 under Section 260A of the 1961 Act. rejected the appellants claim for exemption relying upon Circular No.8/2002 dated 27.8.02 issued by CBDT. and declined the exemption claimed by the appellant. Aggrieved by the said order, appellant filed an appeal before CIT A who upheld the view taken by the A.O. No.749/2006 dismissed the appellants appeal. H. KAPADIA, J. A further appeal by the appellant, before the Tribunal, also failed. Hence this civil appeal. Leave granted.
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2008_1172.txt
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On companysidering the evidence produced by the parties, the trial companyrt found that the defendant executed Ext.2 and decreed the suit for specific performance of Ext.2 on July 25, 1981. The plaintiff entered into a companytract with the defendant to purchase the suit property for a companysideration of Rs.25,000/ out of which a sum of Rs.17,000/ was paid at the time of the execution of the companytract on February 20, 1977 Ext.2 the balance of the companysideration, Rs.8000/ , was stipulated to be paid within five months from the date of Ext.2, at the time of execution of registered sale deed in favour of the plaintiff. Hereinafter the parties will be referred to as the plaintiff and the defendant. The defendant denied the execution of Ext.2, receipt of Rs.17,000/ as part companysideration thereunder, his signature on it and submitted that, therefore, the question of avoiding to execute the sale deed would number arise. The High Court companyfirmed the finding of the trial companyrt that the defendant executed Ext.2 but numbered i that the suit was filed after two years of the accrual of the cause of action on July 21, 1977 and after about one year of last numberice issued on November 26, 1978 Ext.4 ii from the averment in the plaint the readiness and willingness companyld number be inferred and iii even assuming that the averment made out the readiness and willingness, there was numberevidence to prove the readiness and willingness of the plaintiff. Alleging that the defendant was evading to receive the balance amount of Rs.8000/ and execute the sale deed, the plaintiff sent numberices through his advocate on March 15, 1978 Ext.5 , and again on April 4, 1978 Ext.3 and finally on November 26, 1978 Ext.4 . In that view of the matter, by the impugned judgment, the High Court set aside the judgment of the trial companyrt with regard to relief of specific performance of the companytract Ext.2 but granted a decree for companypensation in a sum of Rs.22,094/ Rs.17,000/ 1000/ 4,094/ with companyts. The plaintiff then filed the suit, T.S.No.36 of 1979, against the defendant in the companyrt of the Assistant District Judge of Goalpara at Dhubri, praying for a decree of specific performance of companytract for sale of the suit property Ext.1 and claimed in the alternative damages in the sum of Rs.38,000/ on August 10, 1979. The defendant filed First Appeal No.43 of 1981 against the judgment of the trial companyrt in the Gauhati High Court Assam . The plaintiff in the suit, out of which this appeal arises, is the appellant and the respondents are legal representatives of the defendant Ambika Prasad Ram. He pleaded that the appellant was entitled to neither the specific performance of companytract number the damages, the alternative claim. The last numberice was issued on November 26, 1978 and from that date the suit was filed only after nine months and number after more than a year as numbered by the High Court. During the pendency of the appeal the said defendant died and the respondents were brought on record as his legal representatives. J U D G M E N T SYED SHAH MOHAMMED QUADRI, J. Thisappeal, by special leave, is directed against the judgment of the Gauhati High Court Assam in First Appeal No.43 of 1981 passed on October 22, 1990. Mr.Sanjay Parikh, learned companynsel for the appellant plainfiff, challenged the said findings of the High Court.
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2000_582.txt
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There was a litigation between the accused and the deceased. He admitted the deceased in the hospital. The wife and other family members of the deceased told the Doctor, P.W. The prosecution, however, relied on the Chemical Examiners report regarding the vomitted substance which shows that Strychnine Nux Voice, a poison was present in the gastric companytents and the vomitted substance. The trial companyrt relying on the oral testimony of the wife and the daughters of the deceased who deposed that the deceased told them that the accused took him to his house and gave him betel and thereafter he became giddy and vomitted and also on the other circumstance that in the vomiting and the gastric companytents Nux Voice was found by the Chemical Examiner, reached the companyclusion that the prosecution has established that the accused administered the poison to the deceased which resulted in his death. He found the deceased to be in drowsy companydition. 7, the wife of the deceased an F.I.R. P.W. the accused visited the house of the deceased and requested him to go to his house. Inspite of the protests made by his wife and daughters the deceased went to the house of the accused. The informant P.W. Kamla Kumari Devi, P.W. attitude and used to visit the deceased number and then. 6 that somebody made the deceased to take wine and betal and thereafter he started vomitting. The Doctor, who companyducted the post mortem, sent the viscera to the Chemical Examiner and reserved the opinion regarding the cause of death till the report of the Chemical Examiner was available. However, the accused tried to establish friendship with the deceased putting an appearance of having changed in his. The prosecution case is as follows The deceased was the husband of Smt. It is alleged that he companymitted the murder of Chandra Mani Lal Chowdhary the deceased by administering poison. The deceased, however, died at 1.40 A.M. After recording the statement of P.W. 7, Kamla Kumari Devi and her family members took the deceased to Dr. Arun Kumar Sinha, P.W. The prosecution examined the daughters of the deceased namely P.Ws 8, 9 and 10. He informed his wife that after he took betel pan offered by the accused at his residence he had five or six vomiting and became restless. On 7.2.79 at about 7.P.M. However, the report of the Chemical Examiner was number even marked in the case and therefore from the post mortem report the caused of death companyld number be ascertained. He has been companyvicted under Sections 302 and 328 I.P.C. and numberseparate sentence was awarded under Section 328 I.P.C. The dead body was sent for post mortem. He returned at 9 P.M. in the night and started vomitting. The sole accused in the case is the appellant. It may also be mentioned that the Doctor who companyducted the post mortem was number examined. 6 treated him by giving a stomach wash and preserved the same. 7, the informant in this case. and sentenced to undergo imprisonment for life under Section 302 I.P.C. The appeal preferred by the accused was dismissed by the High Court. 6 attached to the local hospital. was registered and the investigation was companymenced by P.Ws 12 and 13, the Investigating Officers. Jayachandra Reddy, J. Therefore they were on inimical terms. He informed the police. The appeal preferred by him was dismissed by the High Court. Hence the present appeal pursuant to the special leave granted by this Court.
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1992_305.txt
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In our opinion the pension scheme formulated by the Tamil Nadu Government companytains the vice of disintegration and fomenting fissiparous tendencies. The appellant companytended that the spirit and letter of Article 351 is violated by the Pension Scheme of the Tamil Nadu State. The appellant made an application under Article 226 challenging the power of the Government of Tamil Nadu to grant of pension to Anti Hindi agitators. The appellant said that the agitators who brought about violence broke the law and were honoured by the pension scheme of the State. The High Court said that the Stat Legislature has companytrol over purse and that in the view of the State Legislature the agitators against Hindi fought for a cause and, therefore, those who are eligible should be granted pension. 1116 of 1975. Article 351 of the Constitution says that it shall be the duty of the Union Government to promote the spread of the Hindi language to develop so that it may serve as a medium of expression for all the elements of the companyposite culture of our companyntry. The Madras Budget Manual 4th Edition was referred to by the appellant. 3962 of 1972. The appellant further challenged the power of the State to make payment from the Consolidated Fund of the State Exchequer. Appeal by Special Leave from the Judgment and order dated 21st January, 1975 of the High Court of Madras at Madras in Writ Petition No. V. Rangam and Miss A. Subhashini for the Respondent. This appeal is by special leave from the judgment dated 21 January, 1975 of the Madras High Court. 38 of 1974 it companyld number be said that payment was illegal. The Judgment of the Court was delivered by RAY, C.J. Petitioner in person for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1976_181.txt
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The case has a chequered litigative history but we pick up the thread from 1973 when the present appellants before us initiated a case for mutation of their names which was rejected by the Anchal Adhikari, Bhabhua. Appeal filed against the aforesaid orders of the Anchal Adhikari was dismissed by the Deputy Commissioner, Land Reforms on 7 5 1976. Relying upon Section 8 of the Bihar Land Reforms Act, 1950 and Rule 8 framed there under, the High Court held that the Commissioner had numberjurisdiction to entertain a revision against the order of the Collector. Against that order a revision was filed before the Commissioner, who by his order dated 4 2 1980, allowed the revision and directed that an enquiry be made to ascertain if the land in question was in actual physical possession of the appellants. This order was challenged in the High Court, which by its judgment and order dated 11 9 1985 allowed the writ petition and held that the Commissioner had numberjurisdiction to hear and decide the revision filed by the appellants. Thereafter, the appellants filed appeal before the Collector, Rohtak who dismissed the appeal on 22 6 1977. It is against this order that the present appeal has been filed.
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1999_944.txt
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LDCs RCs Typists are different categories and having separate seniority lists for each Signature Not Verified category. It was stated in the Memo dated 16.07.2002 that the earlier Memo dated 02.04.1994 holds good as it was issued for the purpose of integrated seniority of LDCs RCs Typists for companysidering their cases for promotion by taking into account the training period of LDC RCs for the purpose of seniority. Digitally signed by MAHABIR SINGH In the said Memo it was clarified that for Date 2019.08.05 165033 IST Reason integrating their seniority, the date of joining as Trainee LDCs RCs shall be taken as criteria for their integrated seniority without disturbing their relative seniority in their respective cadres. In the said Memo dated 16.07.2002, it was stated that as per the orders issued in Memo dated 02.04.1994 by the Andhra Pradesh State Electricity Board APSEB , the integrated seniority list of LDCs RCs Typists would be drawn without disturbing their seniority assigned during selection for appointment to that post. BANUMATHI, J. Respondents No.1 to 10 and 14 to 21 were appointed as LDCs in February 1991.
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2019_470.txt
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Nanki M. Malkani should herself occupy the flat. Nanki M. Malkani which is to the effect I had given the above flat to the then Esso Standard Inc. in December 1968 on leave and licence basis. Nanki M. Malkani. Nanki M. Malkani should occupy the flat in question herself. the 15th day of March, 1974, in Esso Standard Refining Company of India Limited. Furthermore, by reason of Lube India and Esso Standard Refining Company of India Ltd. Amalgamation Order, 1974 made by the Company Law Board under s. 396 1 2 of the Companies Act, 1956, the undertaking of Lube lndia Ltd. vested in Esso Standard Refining Company of India Ltd. and immediately upon such transfer, the name of Esso Standard Refining Company of lndia Ltd., stood changed to Hindustan Petroleum Corporation Ltd. As a result of the amalgamation of the two companypanies, the name of Esso Standard Refining Company of India Limited was changed to Hindustan Petroleum Corporation Limited. the Esso Acquisition of Undertakings in India Act, 1974 was brought into force. 1 Hindustan Petroleum Corporation Ltd. to vacate Flat No. The Esso Eastern Inc., a companypany organised and existing under the laws of the State of Belaware, U.S.A., was carrying on, in India the business of distributing and marketing petroleum products manufactured by Esso Standard Refining Company of India Ltd., and Lube India Ltd and had, for that purpose, established places of business in India. 17 of 1973 read with s. 5 of the Esso Acquisition of Undertakings in India Act, 1974. 3 of the said Order provided that as from the appointed day, the undertaking of Lube India Limited shall stand transferred to, and vest in, Esso Standard Refining Company of India Limited. GSR 443 E dated 18th October, 1972, made Lube India Limited a Esso Standard Refining companypany of India Limited Amalgamation Order, 1974. Nanki M. Malkani sent a companymunication to the petitioner affirming the terms and companyditions of the licence. Again, on 24th March 1975, she addressed a letter companyfirming that she had given the aforesaid flat to Esso Eastern Inc. in December 1968 on leave and licence basis and the petitoner PG NO 49 being the successor in tittle of that companypany had been occupying the flat as licensee on the same terms and companyditions. By a numberification issued on the next date, the right, title and interest of the Central Government became vested in Esso Standard Refining Company of India Ltd., a Government companypany, w.e.f. I intended that the flat should be occupied on leave and licence basis by respondent No. By virtue of the aforesaid numberification issued under s. 7 1 of the Act, the rights of tenancy in the 13 flat in question instead of companytinuing to vest in the Central Government became vested in Esso Standard Refining Company of India Limited, a Government of India undertaking, w.e.f. You as a successor in title of that companypany have been occupying the flat as licensee on the same terms and companyditions. I permitted another employee to occupy the flat. 13th March, 1974 PG NO 54 under s. 2 a of the Acquisition Act, the Esso Eastern Inc. had acquired the status of a protected tenant under s. 15A of the Bombay Rent Act and the tenancy rights so acquired in relation to the flat in question stood transferred to, and became vested in, the Central Government. As you and your predecessors in title are reputed organisation I had given the flat for your officers use in the expectation that you will return the flat. Nanki M. Malkani addressed a letter to the companypany intimating that the agreement for leave and licence was due to expire on that date and accordingly the period of the said licence was renewed, yearly, from time to time to time years on the expiry of each term of licence i.e. For instance, by letter dated 9th April, 1975 she wrote to the Hindustan Petroleum Corporation Ltd. that the above flat had been in its possession since December 1, 1968. 226 of the Constitution filed by the Hindustan Petroleum Corporation Ltd., a Government of India undertaking, which has been transferred from the High Court of Bombay to this Court under Art. Upon failure of the Corporation to vacate the premises, the society on 15th September, 1980 filed an application under s. 9I I of the Maharashtra Co operative Societies Act, 1960 before the 3rd Co operative Court, Bombay for eviction of the petitioner and its employee. 1968 respondent No 1 Shyam Co operative Housing Society Ltd. passed a Resolution admitting petitioner No. the Central Government by virtue of sub s. 1 of s. 5 of the Act was deemed to be the tenant of the flat in question. The 3rd Co operative Court, Bombay after companysideration of the evidence adduced by the parties, by its well reasoned judgment dated 6th June, 1983 dismissed the claims of the society holding inter alia that Esso Eastern Inc. was in occupation of the flat in dispute under a subsisting licence as on 1st February, 1973 and thus got the protection available to a licensee under s. I5A of the Bombay Rent Act and the said protection companyld number be taken away merely by the society making a claim for eviction under s. 91 I of the Act. 3 that leave and licence agreement was terminated by respondent No. 15th March, 1974. 2 clearly shows that there was numberrenewal of the leave and licence agreement respondent No. 1 and 2 of s. 396 of the Companies Act, 1956, read with the numberification of the Government of India in the Department of Company Affairs No. 2 that every time on the expiry of a term of licence it came to be renewed from year to year till s. 15A of the Bombay Rent Act was brought into force. Thereafter, the predecessor in interest of the petitioner, companyporation was deemed to be her tenant under s. I5A of the Bombay Rent Act. on 30th November, 1972 and 30th November, 1972 and 30th November, 1973. 3 the leave and licence agreement automatically came to an end under these circumstances we feel that the rights that were given under PG NO 57 the leave and licence agreement were number available to respondent No. Further, it observed However there is absolutely numberevidence to show the licence was renewed, at any time. In the premises, petitioner No. 2, Smt. 139A Of the Constitution, is whether the petitioner is entitled to the protection of PG NO 48 s. 15A of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947, introduced by Maharashtra Act No. 2 T.J. Nansukhani, and employee of the companypany as a numberinal member of the society though he was number the licensee The companypany on 16th January, 1970 exercised the option of renewal of the licence for another year i.e. The finding that there was numbersubsisting licence existing as on 1st February, 1973 to attract the provisions of s. 15A of the Bombay Rent Act in the case of the petitioner Corporation is vitiated by its failure to give effect to the admission companytained in the letter dated 24th March, 1980 written by respondent No. The companypany had taken several fiats in the Metropolitan City of Greater Bombay and elsewhere for accommodating their employees including Flat No.35 in Block No.8 in the housing companyony known as Shyam Niwas situate at Warden Road, number called Bhulabhai Desai Road, Bombay on leave and licence basis for a period of one year in terms of an agreement in writing dated 26th November, 1968 from Smt. vest, w.e.f. Aggrieved, the society went up in appeal to the Maharashtra State Co operative Appellate Court which by its judgment dated 17th March, 19X4 allowed the appeal and decreed the claim of the society requiring petitioner No. On 11th September, 1980, the society passed a resolution calling upon the petitioner Corporation to vacate the said premises and directing that respondent No. 2 Smt. Again, by letter dated 15th November, 1976, she wrote to the Corporation forwarding the original bill of the society in support of her demand for payment of enhanced taxes and PG NO 58 charges. Kapur for the Petitioners N.N. On 7th January, 1981, petitioner No. Dr. Y.S Chitale, T .U. Keshwani, R.N. On 12th July, 1974 the Company Law Board, in exercise of the powers companyferred by sub ss. On 29th November, 1971, respondent No. Besides this letter, the learned companynsel for the petitioners drew our attention to a sheaf of letters exchanged between respondent No. I hereupon, the petitioner moved the High Court under Art. In the meanwhile, the State Legislature of Maharashtra enacted Act No. 1975, respondent No. till 30th November 1970. Keshwani, Ms. Madhu Moolchandani and K. Rajendra Chodhary for the Respondents. 226 of the Constitution for an appropriate writ, direction or order for quashing the impugned judgment and order passed by the Maharashtra State Co operative Appellate Court. On 13th March. Indeed, the companyrespondence shows that it was at the behest of respondent No. 17 of 1973. Chitale, learned companynsel appearing for the petitioners rightly companytends that the findings reached by the Appellate Court are manifestly erroneous and have caused a grave miscarriage of justice. I by the above mentioned letter. 3 Dr. Y.S. Put very briefly, the essential facts are these. 2 herein. ORIGINAL JURISDICTION Transferred Case No.7 of 1987 In Transfer Petition No. The Judgment of the Court was delivered by SEN, J. 35 in Block No. Indubitably. The principal question in companytroversy in this petition under Art. as on the appointed day i.e. Mehta and R.P. when l require it for my own use. On 4th December. On 9th April. 390 of 1986. respondent No. The evidence of the witness examined on behalf of respondent No. As from that date.
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1988_474.txt
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On 16.1.2008 printing order was placed with M s. Ruchi Printers for supply of 37,07,726 companyies of Bhu Adhikar and Rin Pustika. The payment was required to be made only on account of booklets which were supplied till 31.3.2008. On 25.2.2008 the Deputy Controller wrote a letter on behalf of the Controller while approving the modified booklet. As per the initial order, booklets were required to be supplied by 25.2.2008. After 31.3.2008 numberbooklets shall be accepted. At least half of the booklets were to be supplied in the first lot till 8.2.2008 and the rest were to be supplied before 25.2.2008. State was directed to accept the supply of 10.75 lakhs of Rin Pustikas from M s. Ruchi Printers and to make payment in accordance with the terms and companyditions of the companytract. Letter dated 22.5.2008 was cancelled by the State Government on 30.1.2009 and supply after 31.3.2008 had number been accepted as it was of numberuse due to change of format. However as supplies were number made as stipulated, even within one month after 25.2.2008, another companymunication dated 28.3.2008 was issued by the Controller to supply Rin Pustikas before 31.3.2008. v. M s. Ruchi Printers indicate that the State Printing Writing Articles Department of Madhya Pradesh through its Controller, invited quotations vide letter dated 2.1.2008 for printing Bhu Adhikar and Rin Pustikas. The printers were asked to ensure the supply after printing the allotted work. Though companymunication dated 25.2.2008 approving format was issued but the respondents very well knew that the time was the essence of companytract and the printing of booklets was to be companypleted at the earliest. The High Court has erred in directing the State Government to accept the booklets printed till 22.5.2008. Though time was extended but it was made clear that after 31.3.2008 numbersuch booklets will be accepted, later on its format had been changed for the subsequent year as such they were of numberuse to the State. Further direction has been issued to make payment to the printers as per the terms and companyditions of the order dated 16.1.2008 read with order dated 25.2.2008. On 28.3.2008 another letter was written that the time limit fixed was already over so rest of the work may be companypleted till 31.3.2008. Said writ petition filed by M s. Ruchi Printers had been allowed by Single Bench vide companymon judgment and order dated 6.11.2008. Aggrieved by the order passed in the case of Ruchi Printers, State preferred a writ appeal which was heard and decided with writ petitions by impugned companymon order. in the writ appeal and the writ petitions decided by a companymon order dated 4.9.2012 dismissing the writ appeal and allowing the petitions, thereby directing the State Government to accept all materials which was ready for delivery on 22.5.2008 and quashing order dated 30.1.2009 cancelling the companymunication dated 22.5.2008. Time was essence of companytract. The decision dated 28.3.2008 was questioned by filing writ petitions. No.10319/2008 decided by same order, the single Bench asked the petitioner to approach the State Government and the Government to companysider the claim in respect of the materials already supplied and to settle the claim if number already settled. It was submitted on behalf of learned companynsel appearing on behalf of the State that the High Court has erred in law in allowing the writ petitions and dismissing the writ appeal. Facts in short referred to from SLP C No.32730/2013 State of M.P. The writ petition companyld number be said to be an appropriate remedy for claiming the amount in case of number statutory companytract. The State has preferred the appeal as against the judgment and order passed by the High Court of M.P. In another W.P. ARUN MISHRA, J. Ors. No other relief was given. Leave granted.
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2016_676.txt
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On February 15, 1980, the detenu sent a letter. The grounds of detention served on the detenu are very elaborate and detailed. The said documents were received by the detenu on March 11, 1980 at Rajkot. On the same date January 31, 1980 , the grounds of detention were served on the detenu. The companyies were despatched to the detenu by registered post on March 7, 1980 and were received by him on March 11, 1980 at Rajkot. On February 20, 1980, the State Government informed the Advocate that his request for interview with the detenu had been granted. 449 of 1980. The detenu was also allowed by an order, dated February 20, 1980, to be interviewed by his lawyer. The detenu was, however, released on March 21, 1977. On February 25, 1980, the Collector wrote back to the State Government that it was number necessary to supply the companyies of the statements and documents asked for by the detenu, as the grounds of detention served on him were quite elaborate to enable the detenu to make effective representation. On February 12, 1980, the Secretary to Chief Minister wrote in reply to the Advocate, that his request for having an interview with the detenu was being looked into by Government with the Home Department. In or about July 1979, the detenu attempted to smuggle gold, but he was number successful. They also companytain the introductory background including the history of the detenu. As a result, on March 5, 1980, the Collector sent a letter to the State Government, stating that he had numberobjection to furnish the detenu with relevant documents. But numberapplication for obtaining companyies of the material documents had been made by the detenu till February 15118, 1980, when it was put in a companyrse of companymunication to the Government, while permission for interview with the lawyer was granted on the 20th February. Nair, Advocate had addressed a letter to the Chief Minister of Gujarat asking for permission for an interview with the detenu to seek instructions from him for drafting his representation. This companystitutional obligation was fully discharged when the elaborate grounds of detention companytaining the substance of all the material facts, were served on the detenu. On the repeal of MISA and the companymencement of COFEPOSA, a fresh order, dated December 19, 1974, under the COFEPOSA, was served on the detenu. Thus, after excluding the time taken in transit, there was a delay of 17 days in furnishing companyies to the detenu. Earlier, on February 1, 1980, Shri P.K. Calls booked by the detenu to various telephone numbers of other suspected smugglers were, however, detected. On November 21, 1979, the detenu hatched a companyspiracy with one Umar Bakshi to smuggle wrist watches and silver out of the companyntry to Dubai In pursuance of that companyspiracy, on October 9, 1979, the detenu and the said Umar Bakshi smuggled about 45 slabs of silver in the vessel Saraswati Prasad registered in the name of Ravia Kalan of Daman. In these circumstances, the detenu had numberfurther companystitutional right to be supplied with the details and sources of the information on which the order of detention was passed. The Collector sent companyies of the required statements to the State Government and the latter received the same on February 29, 1980. As per letter, dated March 7, 1980, the Section Officer of the Home Department sent the relevant documents running into 461 pages, to the detenu through the Superintendent, District Prison, Rajkot, by registered acknowledgement due. According to the companynter filed by Shri Shah, Deputy Secretary to Government of Gujarat, this letter was received by the State Government on February 18, 1980. According to the petitioner his lawyer by a letter, dated February 1, 1980, sought an interview to enable him to draft his representation. On January, 31, 1980, an order of detention, dated January 30, 1980 under Section 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for short, called the COFEPOSA , issued by the second respondent, Shri P.M. Shah, Deputy Secretary to the Government of Gujarat, Home Department, was served on Lallu Jogi Patel hereinafter referred to as the detenu . Although the Government took more than two weeks to companysider the lawyers request to interview the detenu, the fact remains that this permission was granted only two days after the despatch of the detenus application for obtaining companyies of the additional documents or materials. This letter of the Advocate, according to the companynter affidavit filed by Shri Shah, was received by him on February 30, 1980 through the Chief Ministers Secretariat. The statements of these persons recorded under Section 108 of the Customs Act and the other circumstantial evidence companylected, revealed that the detenu was engineering the whole process of attempting to smuggle the silver out of India in companyspiracy with Umar Bakshi and others. It is stated herein that the detenu was previously detained by an order, dated September 1974 of the Government of India, under Section 3 of the Maintenance of Internal Security Act MISA . On March 4, 1980, the second respondent Deputy Secretary, Home Department arranged personal discussion with the Collector to solicit his companysidered view. The Advisory Board was scheduled to meet shortly thereafter on March 24, 1980. The State Government then on February 22, addressed a letter to the Sponsoring Authority Collector of Customs. On November 30, 1979, 23 slabs of silver weighing, in aggregate, 692.527 kgs. through the Superintendent Jail, requesting for the supply of companyies of statements and documents relied upon in the grounds of detention. 2 Mohmed Hussain Hanif Mohmed Pathan, the driver and 3 Babukhan Istiyarkhan Ahmed Pathan, the cleaner. Ahmedabad, enquiring whether furnishing companyies of documents would number prejudice public interest. As stated in the grounds, his activities were kept under surveillance by the Customs Department. the State Government companysidered it against the public interest to disclose the sources of the intelligence referred in paragraphs 3. Karmali, Vineet Kumar and Mukul Mudgal for the Petitioner. 15,65,111, were seized by the officers of the Collectorate of Central Excise and Customs from a truck which was intercepted near village Pipodara. Under Article 32 of the Constitution Soli J. Sorabjee, M.G. The detenus writ petition for a writ of habeas companypus was dismissed by the High Court of Gujarat on May 6, 1976 in view of the Presidential Order, dated June 27, 1975, made under Article 359 1 of the Constitution which had suspended the rights under Articles 14, 21 and 22 of the Constitution. 6 and 30 and further companysidered it against public interest to disclose further facts companytained in various intelligence reports referred to in the aforesaid paragraphs 3, 4, 6 and 30. This is a petition under Article 32 of the Constitution for the issuance of a writ of habeas companypus. The Judgment of the Court Was delivered by, SARKARIA, J. The Order was expressed in the name of the Governor of Gujarat. The occupants of the motor truck disclosed their identities as 1 Kailashchandra Shantilal Jain. all of Udaipur. L. Nain and M.N. ORIGINAL JURISDICTION Writ Petition No. Shroff for the Respondent. valued at Rs.
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1980_424.txt
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2686 of 1979. 2112 of 1979. 844/78. The further events requiring to be mentioned are these While the Writ Petition filed by Ahluwalia in the High Court of Himachal Pradesh was pending, some of the respondents to the Writ Petition and one R. R. Verma all direct recruits, chose to file a Writ Petition in the Delhi High Court questioning the numberice dated June 29, 1979, calling upon them to submit representations against the year of allotment proposed to be allotted to Sahney, Dhaliwal and Ahluwalia. After the Writ Petition of Ahluwalia was allowed, and after the Central Government passed the order dated July 27, 1979, pursuant to the direction issued by the High Court of Himachal Pradesh, the Delhi High Court dismissed the Writ Petition filed by the direct recruits as infructuous. From the Judgment and order dated 27 8 1979 of the Delhi High Court in Civil Writ Petition No. M. Tarkunde and P. P. Juneja for Respondent No. Lal Narain Sinha Att. Genl.,
Abdul Khader and Miss A. Subhashini for the Union of India. K. Garg and C. M. Nair for the Appellant. The judgment in this appeal is really an appendix to the judgment pronounced by us in Civil Appeal No. S. Marwah for the Respondent No. The Judgment of the Court was delivered by CHINNAPPA REDDY, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. The relevant facts may be gathered from that judgment. Therefore, this appeal.
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1980_147.txt
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188, 189 and 190/2 of Almel Village in order to rehabilitate the families of Tharapura village which was submerged by the over flow of Bhima river. On the said acquired lands, the State Government had rehabilitated 85 families of Tharapura village whereas 145 families of the said village were still number rehabilitated. It is number in dispute that after rehabilitating 85 families as stated hereinabove on the aforesaid acquired lands, another 145 families still were residing in the Tharapura village including the appellants. The State Government acquired about 14 Acres of land in Sy No. This appeal is filed against the judgment and order dated 3rd of October, 2007 passed in Writ Appeal No. Leave granted.
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2008_2226.txt
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The appellant Institute of Chartered Accountants of India for short ICAI is a body companyporate established under section 3 of the Chartered Accountants Act, 1949. The appellant carried out the verification in accordance with the provisions of the Chartered Accountants Regulations, 1988 and found that there was numberdiscrepancy in evaluation of answerscripts. One of the functions of the appellant companyncil is to companyduct the examination of candidates for enrolment as Chartered Accountants. teachers Officers are assigned the task of verification of answer books work. The first respondent appeared in the Chartered Accountants final examination companyducted by ICAI in November, 2007. The first respondent who was number successful in the examination applied for verification of marks. The number of students who were declared passed companysequent to the verification of answer books is as given below Month Number of students who applied for verification from Year among the failed candidates PE I PE II PCC CPE FINAL Nov.,2005 14 40 Not held Not held 37 May,2006 24 86 Not held Not held 30 Nov.,2006 07 61 Not held 02 35 May,2007 03 56 Nil Nil 27 This figure may companytain some pass candidates also. The verification of the answer books, as requested, is done by two independent persons separately and then, reviewed by an Officer of the Institute and upon his satisfaction, the letter informing the outcome of the verification exercise is issued after the companyprehensive check has been satisfactorily companypleted. you may number give me the names of the examiners moderators . The Examination Committee in terms of Regulation 39 2 has the authority to revise the marks based on the findings of the Head Examiners and incidental information in the knowledge of the Examination Committee, in its best wisdom. The process of verification starts after declaration of result and each request is processed on first companye first served basis. CIC by order dated 23.12.2008 rejected the appeal in regard to queries 3, 5 and 13 as also Query 2 while directing the disclosure of information in regard to the other questions. On 18.1.2008 the appellant submitted an application seeking the following information under 13 heads, under the Right to Information Act, 2005 RTI Act for short Educational qualification of the examiners Moderators with subject wise classifications. The first respondent thereafter filed a second appeal before the Central Information Commission for short CIC in regard to queries 1 to 5 and 7 to 13 . A token honorarium of Rs.6/ per candidate besides lump sum daily companyveyance allowance is paid. Since the details sought are highly companyfidential in nature and there is numberlarger public interest warrants disclosure, the same is denied under Section 8 1 e of the Right to Information Act, 2005.
emphasis supplied Not being satisfied with the same, the respondent filed an appeal before the appellate authority. Independent persons such as retired Govt. The appellate authority dismissed the appeal, by order dated 10.4.2008, companycurring with the order of the Chief Public Information Officer of the appellant. The results were declared in January 2008. V.RAVEENDRAN,J. Leave granted.
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2011_656.txt
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Jesu Adimai A1 , Selvaraj A2 and Sahayam A3 were armed with bombs Selvam A4 and Antony Innasi A5 were armed with sickles and A6 to A10 were armed with sticks. Antony Innasi A5 attacked PW2 on his left shoulder. Selvam A4 attacked PW1 with sickle on the left shoulder. Sahayam A3 also threw a bomb which has fallen on the ground. Joseph A11 instigated all the accused to attack on them. While they were standing near Sahayams A3 house at about 3.05 p.m., Jesu Adimai A1 since dead , Selvaraj A2 and Sahayam A3 armed with companyntry made bombs in their hands, Selvam A4 and Antony Innasi A5 armed with sickles, Charles A6 , Jerone A7 , Edwinson A8 , Raj A9 and Elizabethan A10 with sticks and Joseph A11 came there and companyfronted the deceased Kennedy, PW2 and Suresh PW1 who just came there to see his father PW2. P3 recorded from Selvam A4 which led to recovery of sickle with wooden handle M.O.2 and sickle with iron handle O.3 . Selvaraj A2 threw the bomb which hit the right leg of Raja. Briefly stated case of prosecution is that on 12.01.1994, PW2 Anthony Mududhagam, deceased Luis John Kennedy and Raja came to attend funeral of one Jesu PW2s companysin . On 12.01.1994, at about 03.00 p.m., PW 2 Anthony Muduthagam, deceased Kennedy and injured person Raja went to attend the funeral of PW 2s companysin Jesu. In the village, there were two factions who assembled to attend the funeral of Jesu. There was numbercommon object among the accused as only Joseph A11 had enmity with PW 2s family. 2 of 17 Accused Nos.6 to 10 attacked Raja and PW2 indiscriminately causing injuries to them. The occurrence started on the eastern side of the church and in front of the house of Sahayam A3 . Based on the statement of Raja Ex. On the way to hospital, Kennedy succumbed to injuries. P 1 to Ex. While they were talking to one another, on the exhortation of Joseph A11 , the accused party attacked the companyplainant party. P 16 , FIR Ex. 2 to 10 on 25.01.1994 at about 0445 a.m. Confession statement Ex. PW6 Dr. Kutralingam opined that the death was due to head injuries and the same companyld have been caused by explosion of bomb and issued post mortem certificate Ex. 3 of 17 accused Nos. P 10 of the place of occurrence and seized articles viz.,
blood stained earth M.O.6 and sample earth O.7 from the scene of crime and companyducted the inquest Ex. Page No. There are only about 350 houses in Perumanal village and most of them are fishermen. On 15.01.1994, PW12 Ganesan Inspector of Police, took up further investigation and arrested the Page No. P 19 and seven material objects M.O.1 to M.O.7 . PW6 Dr. Kutralingam companyducted autopsy on the body of the deceased and numbered lacerated injury with burnt out black skin margins over the head both ocular areas both eyes found to be missing Face and forehead was seen seriously disfigured. The accused were questioned under Section 313 Cr. On seeing the by standers companying towards the spot, the accused ran away from the scene. PW9 Krishnan Nair, Inspector in Charge had taken up the initial investigation and prepared rough sketch Ex. Thereafter Johnson PW 3 hired a tempo and took the injured to Nagercoil Kottar Government Hospital. about the incriminating evidence and circumstances and the accused denied all of them. To bring home the guilt of the accused, prosecution has examined witnesses PWs 1 to 12 and marked nineteen exhibits Ex. On companypletion of investigation and submission of final report on 08.11.1995, all the accused were remanded to judicial custody. The accused were also companyvicted for various other offences and were sentenced to undergo various imprisonment. P 9 was registered in Crime No.23/94 under Sections 147, 148, 326, 307 and 302 IPC as well as under the Indian Explosives Act. Being aggrieved by the verdict of companyviction and sentence imposed Page No. P.C.
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2017_513.txt
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Iyangar, S.S.Javali and A.G. Ratnaparkhi, for respon dent No. 2378 of 1965. 875 of 1968. R.L. 226 seeking several reliefs including a the quashing of an order denying him credit for service while he was Private Secretary to three Ministers beginning from October 27, 1946 till July 23, 1954 with minor interruptions when he served in other capacities, an inconsequential circumstance in this case when he was made Assistant Secretary, and b a direction for payment of such amounts as he would have got had Ms due inter se seniority and promotion been accorded to him. The State of Karnataka, appellant before us, has raised two companytentions, the first being the more material but less meritorious and the second secondary but substantial. S. Desai and M. Veerappa, for the appellant. From the judgment and order dated the 28th July 1967 of the Mysore High Court at Bangalore in Writ Petition No. The judgment of the Court was delivered by KRisHNA IYER, J. The first respondent herein filed a petition under art. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1974_3.txt
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118/1985 is filed by one Brij Mohan. The case pertains to a certain illegal set alleged to have been companymitted by Brij Mohan and other companyaccused, including Narain Lal Nrala while discharging their duties as pubic servants, having been employed and posted as Vaid and Up vaid in Ayurvedic Aushadhalaya, jaipur. The further ease of the prosecution is that Narain Lal Nirala another accused who was working as Vaid in the said department was companyspired to companymit illegal acts for the purpose of illegal gratification. The Additional Superintend of Police in Anti Corruption Department received information and that companyruption was rampant in the said Aushadalaya and that Brij Mohan the appellant Up vaid was in the habit of making bogus medical bills for govt. Narain Lal Nirala the Vaid, used to verify such cash memos and used to issue the essentiality certificate to enable the government servants companycerned viz.,
the so called patients to realise payments of the amount of bogus cash memos from the government. He went to the hospital putting up the appearance as a patient and approached Brij Mohan and the transaction was settled. servants for payment of 30 amount of the bills which was proved to be a serious Illegal gratification. The amount of illegal gratification realised were to be divided amongst themselves. The appellant Brij Mohan used to prepare false, out door patient tickets in the names of government servant giving back dates and then arranged to get the bogus cash memos in respect of those tickets which were prepared by Govind Lal the shop owner, with the help of Chandra who was also working in the shop. Superintendent of Police who received information regarding the illegal activities decided to lay a trap and accordingly passed an order and arranged a trap with the help of Jagdish Singh P.W. The Panchnama was drafted and tainted money was handed over to him after numbering the numbers of the currency numberes. One Gobind Lal the proprietor of Ayurvedic Stores, along with his assistants was also parties to the criminal companyspiracy. 546/1984 is thus disposed of accordingly. This according to the prosecution, was the modus operandi of the whole case. A panchnama was drawn and the necessary charge sheet was laid. The Addl. Both these appeals arise out of the judgment of the High Court of Rajasthan companyfirming the companyviction and sentence passed against the appellants by the Special Judge for ACD cases. All the accused denied the offence. Criminal Appeal No. 1 .
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1993_279.txt
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953304/ for the assessment year 1941 42 and rs. these cheques drafts and hundis were sent back by the assessee companypany either to its creditors in british india in payment of its liabilities or to the credit of its accounts with its bankers in british india. 604588/ for the assessment year 1942 43 or any part there of were received by or on behalf of the assesee companypany in british india? after appeal was taken to the appellate assistant companymissioner appeal to the income tax appellate tribunal which held that the cheques and hundis which were sent by the assessee companypany to its bankers and creditors were received by them as agents of the assessee companypany and therefore the profits were received in british india and were liable to tax. the appellant in both the appeals is the assessee companypany and the companymissioner of income tax is the respondent. 953304/ were to purchasers in other parts of british india and dispute in regard to that year relates to the assessment on the profits of those sales. 1922107 in the previous years relevant to the assessment years 1941 42 and 1942 43 respectively. the income tax officer found that the sale price was received by the assessee companypany at petlad in the erstwhile baroda state by means of cheques drafts and hundis in the years relevant to the two assessment years and it is number disputed that they were sent by post. 604588/ were made to purchasers in british india and assessment in regard to profits out of that sum is in dispute. during the previous year relevant to 1941 42 out of the total sales of the value of rs. the sales were made to purchasers both in the indian states and in what was british india. it also observed that the mode of payment accepted by the assessee companypany was that the payment had to be made by sending the cheques drafts and hundis by post from british india and it companyld number jr said that there was numberevidence before the appellate tribunal for holding that there was an implied request by the assessee company to the buyer to send the cheques etc. against that order the assessee companypany applied under s. 66 of the income tax act for a statement of the case to the high companyrt. the contention of the assessee companypany was that these sums were received by it at petlad in the erstwhile baroda state and therefore the profits on these sales were number taxable in the taxable territories in as much as they were received in an indian state. the relevant assessment years were 1941 42 and 1942 43 the previous years being the calendar years 1940 and 1941.
it carried on the business of dyeing and selling dyed yam. 1422996/ and rs. 1422996/ rs. similarly in the previous year relevant to 1942 43 out of the total sales of a sum of rs. the facts of these appeals are shortly as follows the assessee companypany was registered in the erstwhile baroda state and its status during the assessment years was that of a number resident. this companytention was number accepted by the income tax appellate tribunal. the high companyrt remanded the case to the appellate tribunal for a supplemental statement of case to find whether cheques were sent to the assessee by post or by hand and what direction if any had been given by the assessee firm to the government department. the appellate tribunal in the statement of the case remarked that numberattempt had been made at a previous stage to investigate as to whether the post office had acted as the agent of the assessee companypany or of the buyers. 1188063/ were to merchants in british india and out of these some sales were to calcutta merchants which are number number in dispute a the balance amounting to rs. numberember 2.
the judgment of the companyrt was delivered by kapur j. these two appeals pursuant to a certificate are from the decision of the high companyrt of bombay in income tax reference number 16 of 1955 answering the question referred by the income tax appellate tribunal in the affirmative and against the assessee companypany. the assessee then applied for reference to the high companyrt under s. 66 1 of the income tax act and a question of law was referred to the high companyrt. it effected sales of dyed yarn of the total value of rs. on february 21 1955 the appellate tribunal referred the following question to the high companyrt whether the proportionate profits on the sale proceeds aggregating rs. thereupon the case was sent hack to the appellate tribunal for a supplemental statement of the case and after recording evidence as directed by the high companyrt the tribunal gave the following findings therefore in the circumstances of the case and on the evidence and in the absence of correspondence we must necessarily infer an implied request by the assessee to remit by post the parties having adopted the numbermal accepted companymercial practice for making the payment in such type of cases the high companyrt on april 21 1960 answered the question in the affirmative and against the assessee. 604585 for the year 1.942 43.
the parties by this order were allowed to adduce further evidence. 158 and 159 of 1962 appeals from the judgment and order dated 21 1960 of the bombay high companyrt in income tax reference number 16 of 1955.
purshottam tricumdas r. j. kolah and i. n. shroff for the appellant. against that judgment and order these two appeals have been brought pursuant to a certificate by the high companyrt. civil appellate jurisdiction civil appeals number. gopal singh and r. n. sachthey for the respondent.
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dev
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1962_79.txt
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The parties were married on 07.02.2011 according to the customary rights. The respondent has made a travel plan to move to New York on 29.04.2016 seeking a job and resettlement in life, after a long period of traumatic experiences of her married life as stated in the affidavit. Both the parties, after giving serious thought on the entire companysequences of their decision, have taken a companyscious decision to part and accordingly they have filed a petition before the Family Court for divorce on mutual companysent on 29.03.2016. It is submitted that they have number been able to workout their marriage as husband and wife since day one. For the last around five years, most of the time they have been living separately and their marriage reached a breaking point more than a year back. The appellant and respondent have filed the petition under Section 13 B 1 of the Hindu Marriage Act, 1955 before the Family Court Principal Judge, Family Court, Tiz Hazari District Courts , Delhi. Having regard to the educational background of the appellant as well as the respondent, and the entire facts and circumstances, we feel that it is a very peculiar situation where this Court should invoke its jurisdiction under Article 142 of the Constitution of India for doing companyplete justice between the parties. KURIAN,J. Leave granted.
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2016_163.txt
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3 to 8 that Reoti Saran and his sons were jointly owners of the ancestral property. The trial Court accepted the defence and came to the companyclusion that Reoti Saran had relinquished his share. The principal question was whether Reoti Saran had relinquished his share by two deeds of relinquishment made in the year 1922. It was stated therein that the vendors which would include Reoti Saran were owners in possession of the property. Lakshmi Chand was separated and he accepted one fourth share in 1934. Reoti Saran filed a suit for partition of immovable properties companysisting of shops, houses and vacant lands. One was that a sale deed was executed on 28 October 1942 by Reoti Saran for self and as guardian of his two sons as also by Sri Chand defendant learned Counsel for self and as guardian of his brother defendant learned Counsel along with Mohan Lal father of defendants Nos. If the deed of relinquishment had been genuine document then Lakshmi Chands share in 1934 would have been one third and number one fourth which he accepted. It was companytended by the appellant that the evidence of Sri Chand and Lakshmi Chand should have been accepted as the trial Court did. He claimed one third share in the properties. The High Court found that there was admission of defendant learned Counsel , who was then major and the ancestors of defendants Nos. The claim was company tested by defendants Nos. In that sale deed certain property belonging to the family was sold. The other feature to which the High Court referred to is the deed of partition dated 14 February, 1934. 1 and 2 who are the sons of Gaya Prasad. N. Ray, C.J. 3 4 who was then alive. This appeal is by certificate from the judgment dated 9 May 1966 of the High Court of Allahabad.
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1976_384.txt
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Although the agreement postulated the Arbitral Tribunal of five persons, it is number disputed that there were only four persons who companyprised the Tribunal. The respondents herein, who appears to have number satisfied with the Award filed two petitions under Section 34 1 of the Arbitration and Conciliation Act, 1996 hereinafter referred to as the Act for setting aside the Award, inter alia, on the following grounds That the companyposition of arbitral tribunal was number proper and it is number in accordance with the provisions of Section 10 of the Arbitration and Conciliation Act, and, therefore, the award is without jurisdiction and invalid That the respondents were number given proper numberice of arbitral proceedings and opportunity to represent their case That the Arbitrators have acted beyond the scope of reference of the matter referred for arbitration That the Award is number supported by reason, as such, bad U s. 31 of the Act That the Arbitrators have number acted impartially and played fraud on the parties and That the Award is inadmissible and unenforceable in law for want of proper stamp duty and registration. The Tribunal gave an Award on 31st May, 1998, which was subsequently companyrected on 10th June, 1998 by a clarification order. It appears that certain disputes arose and as a result of which they entered into an agreement to refer the dispute to the Arbital Tribunal for deciding the partition of the Joint Hindu properties. The High Court was of the view that since the Award was number stamped and registered, it was, therefore, invalid and without jurisdiction. 2003 Supp 4 SCR 853 The following Order of the Court was delivered The appellants and the respondents are the members of the joint family. The Principal Sub Judge, Hyderabad, by an order dated 4th August, 2000 rejected the said petitions. Aggrieved, the respondents filed the appeals before the High Court of Judicature at Andhra Pradesh under Section 37 1 b of the Act. It is against the said judgment of the High Court, the appellants are in appeal before us.
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2003_1154.txt
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1755 to 1991. He was assigned 1977 as the year of allotment. 1755 of 1991 was set aside. 1784 of 1991 relating to K.V. 1755 and 1784 of 1991 and thereafter the said Writ Petition was registered as Review Petition Nos. The said order dated August 19, 1991 adversely affected the seniority of the officers who had been assigned years of allotment between 1971 to 1977. The Union of India filed a Review Petition for the review of the said order dated April 8, 1991 passed by this Court. 424 of 1988, wherein he claimed that the year of allotment should have been determined as 1971 and number 1977. It was urged that the respondent h ad been companyrectly assigned 1977 as the year of allotment on the basis of the proviso to Rule 3 3 c of the Seniority Rules and since the validity of the said provision has been upheld by this Court, the year of allotment of the respondent cannot be altered from 1977 to 1971. As a result of order dated August 19, 1991 whereby his year of allotment was revised from 1977 to 1871 the respondent became senior to both these officers. 1755 of 1991 relating to the respondent and they do number have any grievance against the order passed in Civil Appeal No. The Review Petition filed by the Union of India was dismissed by this Court by order dated July 31, 1991. Nambiar and that the Review Petition may, therefore, be treated as seeking review of the order dated April 8, 1991 passed by this Court in Civil Appeal No. Thereafter the Central Government passed an order dated August 19, 1991 whereby the year of allotment of the respondent was revised from 1977 to 1971 and it was directed that for the purpose of inter se seniority he would be placed below Shri D.D. 8773 of 1990 and 3127 of 1991 filed by the Union of India against the decisions of the Tribunal in the cases of K.V. In the said Review Petition it was pointed that in the case of the respondent the seniority has been fixed in accordance with the provisions of Rule 3 3 c of the Seniority Rule and that the relief granted by the Tribunal companyld be sustained in so far as K.V. 1755 of 1991 arises out of Special Leave Petition filed against the judgment of the Tribunal dated September 17, 1990 in O.A. On July 21, 1998 the learned companynsel for the petitioners in the said Writ Petition submitted that the Writ Petition may be permitted to be treated as Review Petition for review of the judgment of this Court dated April 8, 1991 in Civil Appeals Nos. 290 of 1992 in this Court wherein they challenged the validity of the order dated August 19, 1991 regarding the revision of the year of allotment of the respondent. 1755 and 1784 of 1991 for the reason that the petitioners were number parties in those proceedings but are adversely affected by the judgment of this Court dated April 8, 1991 and that the said judgment of this Court came to the knowledge of the petitioners only after the order dated August 19, 1991 was passed on the basis the said judgment and that soon thereafter the petitioners had filed the Writ Petition in this Court. 1755 of 1991 was it thereafter taken up for hearing and the petitioners, Mukesh Nandan Prasad and Ashok Kumar, were ordered to be impleaded as parties in the said appeal. Feeling aggrieved by the aforesaid decision whereby 1977 was determined as the year of allotment for the purpose of fixation of his seniority in the Service, the respondent moved the Central Administrative Tribunal, Patna Bench, Patna, hereinafter referred to as the Tribunal, by filing O.A.No. The representation submitted by the respondent against the said determination of 1977. After hearing Ranjit Kumar, the learned companynsel for the petitioners in the Review Petition, and Shri H.N. In this regard, letter dated April 11, 1986 was addressed by the Under Secretary from the Department of Personnel and Training, Government of India, to the Chief Secretary, Bihar, Patna, wherein it was stated that the matter of determination of the year of allotment of the respondent has been examined in companysultation with the Union Public Service Commission in accordance with the provisions of Rule 3 3 c of the Indian Administrative Service Regulation of Seniority Rules, 1954 hereinafter referred to as the Seniority Rules and that the year of allotment of the respondent cannot be determined earlier than 1977 since, as per the information furnished by the State Government, Shri Yadu Nath is the junior most officer of the State Civil Service who was appointed in the Service before and in companyparison to the length of service of the respondent in the State in a Gazetted post, Shri Yadu Nath Jha had served in the State Civil Service for a longer period and hence, as per the proviso to Rule 3 3 c of t he Seniority Rules, the year of allotment of the respondent companyld number be determined earlier than 1877. Mukesh Nandan Prasad and Ahok Kumar were appointed to the Service by direct recruitment and had been signed 1972 and 1974 as the year of allotment respectively. By order dated September 3, 1977 the post of Assistant Director was upgraded to that of Deputy Secretary cum Deputy Director. The representation submitted by the respondent against the said determination of 1977 as the year of allotment was rejected by the Government of India, Department of Personnel and Administrative Reforms, Ministry of Home Affairs, by letter dated July 14, 1987. Salve, the learned senior companynsel appearing for the respondent, this Court, by order dated July 30, 1998, allowed the Review Petition and the order dated April 8, 1991 to the extent it related to Civil Appeal No. The Tribunal quashed the orders dated April 11, 1986 as well as July 14, 1987 and directed the Union of India to fix 1971 as the year of allotment of the respondent and place him below Shri Dev Das Chhotray the junior most direct recruit of the year 1971. The question that falls for companysideration in this appeal relates to assignment of year of allotment for the purpose of fixation of seniority in the Indian Administrative Service hereinafter referred to as the Service to Shripati Narain Dubey, the companytesting respondent hereinafter referred to as the respondent. In view of the said statement of the learned companynsel, this Court, by order dated July 21, 1998, directed that the said Writ Petition be treated as Review Petition for review of the judgment of this Court in Civil Appeals Nos. In the said judgment the Tribunal, following its earlier judgment in V. Nambiar v. Union of India Ors.,
decided by the Ernakulam Bench of the Tribunal, held that the proviso to Rule 3 3 c of the Seniority Rules was unconstitutional and void. At the time of the hearing of the Review Petition on July 30, 1988 Shri Ranjit Kumar, the learned companynsel for the petitioners, stated that the petitioners have grievance only against the order passed by this Court in Civil Appeal No. Subsequently by numberification dated October 30, 1978 the post of Deputy Secretary cum Deputy Director of the Bureau of Enterprises was redesignated as Joint Secretary cum Joint Director. Zambiar and the respondent this Court, by order dated April 8, 1991, granted special leave to appeal and passed the following order Special leave granted. The respondent was appointed as an Assistance Professor of Civil Engineering in the Department of Industries and Technical Education, a Class II service of the Government of Bihar, in July 1968 and he jointed the said post on August 13, 1968. The respondent was appointed to the Service by Notification Dated May 12, 1981. The said application of the respondent was allowed by the Tribunal by judgment dated September 17, 1990. Chhotray RR 71 in the gradation list of the IAS officers borne on the cadre of Bihar. 1391 1392 of 1998. 424 of 1988 filed by the respondent. The said officers filed a Writ Petition W.P. Civil Appeal No. 37 dated May 1, 1976 he was appointed as Assistant Director in the Bureau of Public Enterprises. He was companyfirmed on the said post vide numberification No. He was promoted as Associate Professor of Civil Engineering on May 21, 1975. He worked in the various posts under the Government of Bihar and vide numberification No. Nambiar was companycerned but the said relief companyld number be sustained in the case of the respondent. c No. In Special Leave Petitions Nos. 5036 dated December 13, 1969. C. AGRAWAL, J. No companyts. No.
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1998_644.txt
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The scope of the Act is limited to questions arising out of agrarian relations. The appellant claims occupancy right under the Karnataka Land Reforms Act. His claim has beep allowed by the Land Tribunal, but the order of the Land Tribunal was set aside by the Karnataka High Court. The question for companysideration is whether the High Court after setting aside the order of the Land Tribunal ought to have remanded the matter to the Land Tribunal for fresh companysideration. The Division Bench has rejected that request on the ground that the occupancy right claimed by the appellant was number one arising out of agrarian relations. This companyclusion seems to have been based on the pleadings before the High Court. In fact, this was the only question that was urged in the appeal before the Division Bench of the High Court. The decision of the High Court has been challenged in this appeal.
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1991_509.txt
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Kamalamma. Kamalamma in January 1947. Kamalamma received Rs. 91,000 in cash from Sripad Rao and the balance of Rs. Kamalamma and the witness himself wrote out the endorsement at the instance of Sripad Rao and Smt. Kamalamma for a total sum of Rs. 91,000 to Smt. Kamalamma in part payment of the promissory numbere to the extent of Rs. Kamalamma signed the same in his presence. 1,50,000 by Sripad Rao in favour of Smt. 91,000 in cash to Smt. Kamalamma, wife of the appellant. 91.000 was paid in cash in January 1947 by Sripad Rao to Smt. who said that he was present when Sripad Rao had paid Rs. 91,000 was paid in cash. 79,000 and a sum of Rs. 79,000. There is proof that a promissory numbere Ex. There is an endorsement on the back of the promissory numbere that on 14 January 1947 Smt. 1,70,000 in 1947. The specific charge levelled against the appellant was to taking illegal gratification from the companytractors in the matter of classification of soils and of companyspiracy with the companytractOrs. 79,000 including interest of Rs. Sripad Rao died in 1959 and was number available for being examined as a witness. On 25 January 1959, a Review Team appointed by the railway reported that there was overpayment to the companytractors in the matter of classification of the soil. It also appears that two companytractOrs. But the evidence establishes that the appellants wife was carrying on money lending business and she had assets to the value of Rs. His legal remuneration for his work under the railways came to be about Rs. It was companytended on behalf of the appellant that it was number his primary duty to make any classification of soils and the classification was made first by the Assistant Engineer on the measurements token by the Inspector of Works. The genuineness of the promissory numbere was challenged on behalf of the prosecution. The salt deeds are Exs. At the time the appellant joined service under the Southeastern Railway he submitted a statement, Ex. Under Ex 1 Atwal Co. was awarded by the sole arbitrator a decree for Rs 1,50,737.and under the award Ex. But the trial Court accepted the promissory numberes as genuine. The Union of India represented by the Southeastern Railway was one party in both the awards. He was appointed as a temporary Assistant Engineer under the Southeastern Railway on 13 April 1956 and was first posted at Waltair. The trial Court also held that five sale deeds were executed in favour of Smt. 2 lakhs and number for Rs. It was stated on behalf of the appellant that the two companytractors were awarded decrees for their claims in companynextion with the companytract work troy had done in the same project of which the. The appellant has also given satisfactory evidence that five sale deeds were executed in favour of Smt. But his son, Rangnath Rao D.W. 4 , was examined to prove the execution of the promissory numbere by his father and the fact of his having borrowed the amount shown therein. The evidence of D.W. 4 has been supported by D.W. 3, Gangappa. In any event both the High Court and the trial Court have failed to take account of the fool that the appellants wife was carrying on money lending business and that she had in her possession assets to the extent of Rs. As regards the substantive charge, the trial Court held that there was numberproof that the appellant was responsible for making any over classification in the quality of toils or for payment of higher rates to the companytractors than what the circumstances lawfully warranted. Both the trial Court and the High Court have accepted the case of the appellant that his mother had assets to the extent of Rs. Both the Courts however held that the appellant has furnished explanation for assets worth about Rs. appellant was the District Engineer. The evidence as regards the endorsement of payment by execution of five sale deeds has been criticized by the High Court. I a Ratilal Ranched was awarded a decree for over 3 lakhs of rupees. It is number unreasonable to think that for a period of ten years from 1947 to 1957 interest on this amount was earned and accumulated to the extent of Rs. 29,29/1, 29/2, 29/3 and 29/11. I fail to understand how it can definitely be said that it was the accused who put the classification higher than it ought to have been dishonestly I put the question to the learned Special Public Prosecutor if there is any instance in which an altogether different kind of soil was classified into a different soil and he has expressed his inability to do so. Mahar Singh and Bam Sadhu working under the appellant had been chargesheeted by the police along with the appellant on the charge of companyspiracy and defrauding the department in the matter of companytract work. D. W. 4 also deposed that his father paid Rs. 3 lakhs from 16 March 1957 to 25 October 1968. 20,000 was discharged by execution of five sale deeds of house properties mentioned therein. C a dated 17 February 1943 was executed for a sum of Rs. Thereafter, an enquiry was taken up by the railway department against the appellant. There are also two arbitration awards, Exs. He took charge as District Engineer at Naomundi on 16 March 1957 and remained there till 25 October 1958 when he resigned from service. But the companytractors were discharged by the Special Judge by his order dated 13 November 1982 as numberprima facie case was found against them. An investigation followed and as a result of the investigation the appellant was chargesheeted for offences under Sections 5 1 a to 5 1 d of the Prevention of Corruption Act, 1947. It was also companytended on behalf of the appellant that he was carrying on automobile business in Coimbatore and he was the owner of six tracks oat of which he sold two trucks in 1949 and three in 1950. The appellant had only to sign the measurement books and other relevant papers. The explanation of the appellant was that the acquisitions were made out of family funds and the car was purchased out of the money which was given to him by his wife. But it was the duty of respondent to produce the agreements of companytract in order to disprove the companytention of the appellant. 3 lakhs and hence the presumption under Section 5 3 of the Act was applicable. The High Court did number accept the companytention of the appellant as he did number furnish the accounts of the business. 21,000. They are number on trial. 12,000. 1,00,000. After the companyclusion of the enquiry a first information report was lodged against the appellant. It was said that the appellant had made a profit out of the transaction. I and I a, dated 7 October 1961 and 1 March 1983. This appeal IB brought by a certificate under Article 134 1 c of the Constitution from the judgment of the Patna High Court, dated 18 October 1965, in Criminal Appeal No. Mr. V. Ramaswami, J.
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1969_301.txt
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32001 of 1992. This appeal by special leave is directed against the judgment of the Division Bench of the Allahabad High Court dated 2.2.1995 dismissing the petitioners appeal and affirming the decision of the learned Single Judge in Civil Misc. B. PATTANAIK, J. The State filed a special appeal before the Division Bench, and by the impugned judgment the special appeal having been dismissed, the present appeal by special leave has been filed in this Court. Leave granted. Writ Petition No.
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1996_286.txt
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The A.R.C. Consequently the A.R.C. In the reply filed by the landlord, it was companytended that the tenant being a signatory to the permission granted by the A.R.C. On 30.6.1981 statements of landlord and tenant were recorded by the A.R.C Permission was granted for a period of three years. The landlord was permitted to repudiate the evidence led by the tenant. According to the tenant, a plea was raised that he did number appear before the A.R.C. The companynsel for the landlord addressed his arguments on 1662.95 and the matter was posted to 22.5.95 for the arguments of the companynsel for the tenant. Accordingly, the objections of the tenant were upheld and the landlords application for execution was dismissed. On the expiry of that period the tenant did number vacate the premises and the landlord filed an application for execution. On that date, the tenant filed replication and served a companyy thereof on the landlords companynsel. on 30.6.81. For the sake of companyvenience, the parties will be referred to as tenant and landlord herein. The respondent was inducted as a tenant under the permission granted in Misc. No plea was raised then by him that he was number present in the companyrt of A.R.C. Notice was issued to the tenant returnable on 25.1.85. It was also stated that the landlord was number living in E 3, East of Kailash as alleged by the tenant. On 20.8.98 companynsel for the tenant submitted that the passport was number traceable by his client. A joint application was filed before the Additional Rent Controller for short A.R.C. In that order there was numberspecific reference to the companytents of the rejoinder filed by the tenant. According to the landlord such a plea was number raised in the said rejoinder. On the above findings the Tribunal had allowed the appeal of the landlord. The Tribunal allowed the appeal and set aside the order of the A.R.C. One is that the tenant had left India around 2.00 a.m. on 30th June, 1981 for Germany and he did number appear before the A.R.C. The dis possession of the tenant was stayed till the decision on the objections. passed an order on 18.10.1985 that the objections filed by the tenant companyld number be dismissed without recording the evidence and granted permission to the tenant to lead evidence in support of the objection. The warrant companyld number be executed and when the matter came up before companyrt on 31.5.85 the landlord was given time to file reply to the objections filed by the tenant till 2.8.85. On that day, an application was moved on behalf of the tenant for permission to file additional evidence. The tenant was directed to produce the passport companytaining various visa entries. A direction was issued to the Registry to call for the records from the Court of A.R.C Delhi. An order was passed referring to the companyy of the rejoinder produced as Annexure R 1 by the landlord and an opportunity was given to the tenant to file a detailed affidavit in reply to I.A. posted the matter for arguments on 11.10.85 on which date the rejoinder was filed in Court and obviously it was served on the companynsel for the landlord only at that time in Court. According to learned companynsel for the landlord the above sentence was differently worded in the rejoinder originally when it was filed in Court as companyld be seen from the companyy of the rejoinder served on his companynter part before the A.R.C The relevant sentence in para v in the said companyy reads as follows The respondent was inducted as a tenant under the permission granted in Misc. It was alleged that the landlord wanted to enhance the rent to Rs.3000/ per mensem which the tenant had refused to agree and therefore the petition for execution was filed. On that day, the tenant did number appear though served on 24.3.85. The matter was being adjourned periodically for various reasons and ultimately an order was passed by A.R.C. By order dated 29.4.85 the A.R.C recorded that there was numberjustification for issuance of ex parte stay to stop the execution of warrant of possession and ordered numberice of the application to the companynsel for the landlord. Alongwith the companynter affidavit to the application for stay, the landlord filed an application I.A. It was held that a fraud was played on the Court companycealing the factum of tenant being in possession of the premises and the permission was obtained on such companycealment. In the re joinder filed by the tenant on 11.10.85 though it was dated 2.9.85 the earlier allegations were repeated. The companyrt directed issue of warrant but in the afternoon, the tenant appeared before companyrt and filed his objections. The relevant passport of the tenant was shown to the companyrt but taken away immediately as xerox companyies had been filed. There was also an objection by the tenant that the landlords appeal was number maintainable in view of the amended provision in section 38 of the Act which permitted appeals only on questions of law. Consequently, the revision, petition filed by the tenant was dismissed. In the application for additional evidence filed before the Tribunal it was stated by the tenant that on 29.6.81 he was busy in Embassy for obtaining visas and on 30.6.81 he left the companyntry and purchased the tickets in Germany for his onward journey and that the photo companyies of the passport and the tickets were enclosed to prove that the alleged limited tenancy under section 21 of the Act was obtained on 30.6.81 from the companyrt by the landlord on manipulation and fraud played on the Court. On 8.11.97 an additional affidavit was filed on behalf of the landlord in which it was stated that a companyy of the rejoinder filed by the tenant as Annexure to the Special Leave Petition and found in the paper book Pages 67 of 73 as at present was number a companyrect companyy and there was a deliberate tempering of the same. The companynsel for the landlord represented that he did number want to file any reply but advanced his arguments orally on the application also. An appeal was filed by the landlord under section 38 of the Act before the Rent companytrol Tribunal, Delhi. Aggrieved thereby, the tenant prayed for Special Leave which was granted. In the objections filed by the tenant it was companytended that the grant of permission under Section 21 of the Act on 30.6.1981 was wholly vitiated by fraud and misrepresention and it was companytrary to the provisions of Section 21 of the Act. It was found by the A.R.C that as there was numberdispute that the premises were number vacant and available for letting out when the second permission was taken, the Court had numberjurisdiction to grant permission under Section 21 of the Act. From then onwards, the matter was being adjourned from time to time and on several occasions at the request of the companynsel for the tenant. The Tribunal directed the landlord to approach the trial companyrt for issuance of warrant of possession in accordance with law. When leave was granted, numberice was taken on behalf of the landlord and time was granted to file objections to the application for stay. It was alleged that the Landlord had misled and misrepresented the relevant facts at the time of grant of permission that his family will shift from Amritsar where he was residing but his family was never living at Amritsar and the premises in question were number required by the landlord for his residence after the expiry of three years as alleged by him. on 30.6.81 and was number a party to the proceedings. The tenant filed a revision petition under Article 227 of the Constitution before the High Court. It was further stated that the tenant was in occupation of premises since 29.6.1979 and had companytinued and remained in possession of the premises in question and he had never vacated the same since that date. On the latter date, the landlord filed his reply, and the appellant was given time to file re joinder till 6.9.1985. 3 of 1997 it was stated that several false and misleading averments were made in the petition for Special Leave including the plea that the appellant was number present in India on 30.6.81 and that he did number appear before the A.R.C. There was also an application to bring the respondents on record as the legal representatives of the deceased landlord Amar Singh. It was also stated that the order under Section 21 was liable to be set aside and quashed and numberwarrant of possession in respect of the premises in question companyld be issued against the tenant. Arguments were heard and the matter was posted for orders to 18.10.1985. Alongwith that affidavit a companyy of rejoinder said to have been served on the companynsel for the landlord in the trial companyrt was filed as annexure R It was also stated in that affidavit that a document had been interpolated among the records of the Tribunal as Page 79 A though it was number produced before the Tribunal and a companyy of the said document had been filed by the appellant in this companyrt and found at Page 167 of the Paper Book at present. The most important plea raised by the tenant in this appeal is that he was number in Court on 30.6.81 as he had left the companyntry in the intervening night of 29th and 30th June, 1981 for Germany from where he was to travel to two other European companyntries. if the rejoinder was ready on 2.9.85 there was numberreason why it was number filed on 6.9.85. No re joinder was filed on 5.9.1985 and the case was fixed for hearing arguments on the objections and posted to 11.10.1985. In the written submissions filed on behalf of the tenant it was stated that inspite of the best efforts the old passports which were joined together were number traceable and the photo companyies thereof filed earlier may be treated as companyrt record. It was also stated that the landlord owned a property bearing number E 3, East of Kailash, where he and his family were living throughout. SRINIVASAN,J The appellant became a tenant under Amar Singh the grant father of the present respondents with respect to premises situate in E 222, of Kailash on 29.6.1979. That question was answered against the tenant by the High Court on the ground that the entire matter was at large before the appellate Tribunal and it was companypetent to decide the entire companytroversy. That objection was overruled by the Tribunal on the ground that the petition for execution was filed long before the said amendment was introduced and the landlords vested right of appeal companyld number be affected by the subsequent amendment of 1988. The matter was posted to 20.8.98 in Chamber at 1.30 p.m. On 29.6.1981 another joint application under Section 21 was filed for permission to create a limited tenancy for two years. Initially the relevant page which companytained the visa issued by the German Embassy was number filed before the Tribunal. No.749 of 1994 through a special messenger and the matter was posted for 13.8.98 for further hearing. On 18.12.95 the arguments were heard and companycluded. The companynsel for the parties were permitted to supplement the arguments by submitting two page written submissions. held that the permission granted under Section 21 of the act was without jurisdiction and companyld number be enforced. , Delhi under Section 21 of the Delhi Rent Control Act, 1958 hereinafter referred to as the Act for permission to let the premises for a limited period of two years. and a party to the proceedings companyd number challenge the permission so granted by the Court. On that day, the arguments were companycluded and judgment was reserved as the companynsel for the appellant prayed for some more time to produce the passport. In I.A. An application was also moved for cancellation of warrant of possession. 304 of 1979 executed between the parties and the respondent has number appeared before the Additional Rent companytroller and is number a party to the limited period of tenancy created under Section 21 of Delhi Rent companytrol Act on 30.5.81. The matter was posted to 16.1.96 for orders but the case was being adjourned repeatedly and ultimately the order was passed on 21.9.96. The latter application was ordered on 10.3.97. A direction was also issued to the Rent Control Tribunal to send records of the case R.C.A. On 12.8.98 the appeal was heard in part and adjourned to 13.8.98 for further hearing. 3 of 1997 as well as to the additional affidavit. Then the matter came up again on 27.3.98. It was numbered as I.A. As he was number served, fresh numberice was ordered for 19.4.85. The Tribunal relied upon the judgment of this companyrt in Garikapati Veeraya versus N. Subbiah Choudhry and other AIR 1957 S.C. 540. The matter came before the Court on 29.1.98. The same was granted on 3.7.1979. 3 of 1997 for revocation of the Special Leave granted. The allegations of fraud and misrepresentation were denied. Evidence was recorded in the proceedings. According to him the signature on his alleged statement was number his. on 22.10.94 only. The Court passed on order that the appeal would itself be finally disposed and posted the same to August 1998. Thus this appeal has companye in file. Petition No. 4 of 1997. and give any statement.
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1998_715.txt
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This application was rejected on 13th February, 2008. The appellant also moved CRR No.411 of 2008 in the Calcutta High Court on 7th February, 2008 against the Order dated 30th January, 2008 whereby an extension of six months had been granted. The appellant filed CRR No.765 of 2008 before the Calcutta High Court challenging the order dated 13th February, 2008 rejecting the application for bail. The companyplaint was also filed by respondent No.1 on the 7th February 2008. As the extended period would have expired on 2nd February, 2008, the Bureau, moved yet another application under Section 36A 4 of the Act which too was allowed on 30th January 2008 and the time for the companypletion of the investigation was extended to 13th February 2008, which would have statedly brought the total custody to 1 year and 2 days. This application was rejected on 7th June, 2007. Leave was granted in this matter on 5th December, 2008 and though, both the respondents i.e. Both the matters came before the Division Bench and were dismissed by order dated 5th September, 2008. This application was rejected on 28th May, 2007 whereafter the appellant moved the Calcutta High Court. The appellant moved another application for bail under Section 36A 4 of the Act read with Section 167 2 of the Code on 4th February, 2008 on the plea that the investigation had number been companypleted within the stipulated period of time fixed by the Special Judge. The appellant also moved an application for bail before the Special Judge. The Special Judge allowed this application by Order dated 2nd August, 2007. The appellant, aggrieved by the order of 7th June 2007, preferred a special leave petition in this Court on 10th July, 2007 which too was dismissed on 3rd December, 2007. On 6th August, 2008, a learned Single Judge of the Calcutta High Court released both the CRRs aforementioned for want of jurisdiction as they were required to be heard by a Division Bench. These appeals arise out of the following facts The appellant was arrested on 12th February, 2007 for offences punishable under Sections 24, 29, 30 and 38 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter called the Act and was produced before the Special Judge who remanded him to judicial custody for fifteen days, the period being extended from time to time. the Narcotic Control Bureau and the State of West Bengal have been served, the former has number put in appearance despite the passage of almost a year. He, at the very outset, pointed out that he felt gravely handicapped on account of the number appearance of respondent No.1, the primary party respondent, but he has chosen to go ahead as it appears that the first respondent was number interested in companytesting the case. The broad facts given above have number been companytroverted by the respondents. The present appeal has been filed impugning this order.
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2009_1129.txt
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The order passed by the Additional Collector of Customs as companyfirmed by the Customs, Excise and Gold Control Appellate Tribunal therefore requires to be modified only to this limited extent. The Additional Collector of Customs by an order dated December 30, 1982 companyfiscated a companysignment of goods zip fasteners imported by the appellants and imposed a penalty on the appellants. Validity of the order imposing penalty. The said order has been companyfirmed by the Customs, Excise and Gold Control Appellate Tribunal by its judgment and order dated 27/28th November, 1984. Three questions have been raised by the appellants Validity of the order companyfiscating the goods. These appeals are capable of being disposed of on a short ground.
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1987_14.txt
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They enter into agreements with hirers for the purpose of enabling the hirers to bobtain a vehicle. The numbermal term of the agreement entered into between a hirer and the appellant companytemplates a vehicle being purchased by the appellant and the said vehicle is then taken by the hirer on hire purchase basis. The appellants carry on the business of hire purchase. KIRPAL, J. LITTTTTTJ The only question which arises for companysideration in all these cases is Whether the respondents were justified in holding that hire purchase transactions entered into by the appellants were liable to imposition of sales tax on the companysolidated proceeds? Hence, these appeals by special leave.
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2000_693.txt
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The appellant made the officials of the respondent companypany believe that a large number of criminal cases had been filed against the companypany and its officials in various companyrts in Karnataka. As the appellant had told the officials of the companypany that more than 500 criminal cases had been filed by various persons against the companypany and its officials, a sum of Rs.62 lakhs was paid by the companypany through cheques in the name of the appellant as well as Smt. The companypany sent cheques in the names of Smt. S. Gauri, the alleged stamp vendor. Being well known to the officials of the companypany, he was engaged as Retainer for the Company and thus, the appellant used to report to the companypanys officials about the progress of its cases pending in various companyrts in Karnataka. On further inquiry, said officials came to know that the alleged stamp vendor Smt. 7 of 2002 was initiated at the instance of the respondent companypany. The appellant also got a huge amount from the companypany under the pretext of payment of professional charges to other advocates purported to have been engaged by him to represent the companypany in various subordinate companyrts of the State. S. Gauri, the alleged stamp vendor, fraudulently. In this regard, it was alleged that the appellant sent a policeman possessing summons warrants, almost on regular basis, to the Head Office of the companypany and thereby made the higher officials of the companypany believe that a number of criminal cases had been filed against the companypany and its officials and that there was an urgent need to take immediate action in that regard. However, on receiving some orders purported to have been passed by the High Court of Karnataka, the officials of the companypany became suspicious and verified from the original record, and then submitted a companyplaint to the High Court that the appellant had furnished to the companypany companyies of fabricated and forged orders purported to have been passed by the Karnataka High Court. The companypany having full faith in the appellant remitted the said amount of companyrt fee of Rs.10,000/ in each case for purchasing the companyrt fees from the vendor, namely, Smt. S. Gauri as well as the appellant towards the companyrt fees and his professional charges and other expenses. Subsequently, the appellant told the companypany officials that he would arrange for avoidance of the warrants being executed against them, though there was imminent danger of officials being arrested, which he had so far successfully avoided. Thus, in all, according to the companypany, a sum of Rs. The appellant advised the companypany officials to file criminal petitions in the High Court of Karnataka for quashing of the said criminal proceedings alleged to be pending in the companyrts at Hubli, Mysore, Chitradurga, Bellary, Sandur, Raichur etc.,
and the appellant asked the companypany in writing to pay a sum of Rs.10,000/ towards the companyrt fee in each case for filing of criminal petitions before the High Court in addition to other miscellaneous expenses like his professional fee, typing etc. In order to justify his bonafides and to show the result of his professional engagement and on enquiry by the companypany, the appellant is alleged to have produced a companyy of the order dated 3.10.2001, purported to have been passed by Honble Mr. Justice G. Patri Basavanagowda of Karnataka High Court, showing that 341 criminal petitions filed by the companypany, had been allowed by the High Court and criminal proceedings launched against the companypany in those cases stood quashed. S. Gauri was only a housewife and number a stamp vendor and the bank account for which the cheques were issued in her name, was being operated by the appellant himself, and numbercase had ever been filed in any subordinate companyrt against the said companypany. On the basis of the same, criminal companytempt proceedings were initiated suo motu by the High Court against the appellant by registering a case CCC Crl. The companyrt proceeded with the allegations that the appellant had taken advantage of his position telling the said companypanys officials falsely that criminal cases have been launched in various companyrts in Karnataka against various purchasers and distributors of seeds under the Seeds Act for the alleged producing and selling of the spurious sub standard seeds by the agriculturists. Prior to joining the Bar, he had been working for the respondent companypany as Marketing Executive. 12 of 2002 has been filed by the Registrar General of the High Court of Karnataka suo motu through the Advocate General of the State. 12 of 2002, whereas CCC Crl. On companying to know about these facts, the High Court itself suo motu initiated criminal companytempt proceedings against the appellant. Being aggrieved, the companypany wrote a letter to the Registrar General of the High Court of Karnataka mentioning all the afore mentioned facts submitting that the appellant had played fraud upon them by providing the forged and fabricated order purported to have been passed by the High Court of Karnataka and as such, abused the process of law and interfered with the administration of justice. It was, in fact, later on when the companypanys officials came to know that numbercourt fee was payable in criminal cases filed before the High Court, that it made discreet inquiries and learnt that the amount had been companylected by the appellant in the name of his mother in law Smt. S. Gauri, who was numbere other than the mother in law of the appellant. These two appeals have been filed against the judgment and order passed by the High Court of Karnataka at Bangalore in CCC Crl. 72 lakhs had been paid to the appellant apart from his professional charges. Facts and circumstances giving rise to these appeals are that the appellant was enrolled as an advocate on 14.8.1998 and since then he has been practicing in the High Court of Karnataka at Bangalore. 7 and 12 of 2002 dated 18.8.2004 by which the appellant has been companyvicted for companymitting criminal companytempt of companyrt and has been awarded the sentence of simple imprisonment for a period of six months along with a fine of Rs.2,000/ , in default, to undergo simple imprisonment for a further period of one month. Notices were issued to the appellant and on his appearance, he denied the charges and was tried for the said allegations clubbing both the cases. The High Court took companynizance under the provisions of the Contempt of Court Act, 1971 hereinafter referred to as Act 1971 against the appellant. After companypleting the trial, the High Court companyvicted the appellant and sentenced him as mentioned hereinabove. Hence, these appeals under Section 19 of the Act 1971. CHAUHAN, J. Dr. B.S.
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2011_251.txt
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Significantly, the lease agreement between HPTDC and the Municipal Corporation was still subsisting. Additionally, the Municipal Corporation had failed to recover the municipal taxes from HPTDC, including the rental lease money, which was quite substantial, causing loss to the Municipal Corporation. There is numberindication in the order passed by the High Court on 24th May, 2005, of having quashed the subsisting companytract between Municipal Corporation and HPTDC. The Municipal Corporation and HPTDC were bound by the said award, whereunder enhanced rent in respect of the subject properties was specified. The Municipal Corporation in its meeting held on 20th July, 1988, had taken a decision regarding the increase of rent payable by HPTDC. The decisions taken in the meeting were also discussed with the MD, HPTDC, Shimla, who also agreed and gave his companysent to settle enhance the rent as per policy of the Municipal Corporation, Shimla. The possession of the subject premises by the HPTDC cannot be equated with a private lease or occupation by a private individual, as the activities of the HPTDC were to effectuate the larger public interest and tourism within the State. The thrust of the stand taken by the State was that HPTDC, being a State Corporation, was obliged to engage in promoting tourism within the State and in terms of the tourism policy of the State, the directions given by the State were required to be carried out by HPTDC. Civil Appeal Nos.3393 3394 of 2006 have been filed by the Himachal Pradesh Tourism Development Corporation for short HPTDC against the judgment and orders dated 24th May, 2005 and 5th July, 2005, respectively. As aforesaid, without deciding on the issue of validity of the subsisting companytractual terms and companyditions between the Municipal Corporation and HPTDC, the High Court companyld number and should number have ventured to pass the order, such as dated 24th May, 2005. This interim order passed by the High Court has been assailed by HPTDC by way of Civil Appeal No.3393 of 2006. The Municipal Corporation as well as the State resisted the said writ petition, by filing affidavits. Despite the opposition to the writ petition by the State authorities, the High Court, while companysidering the prayer for interim relief sought by the writ petitioner for issuing directions to the Municipal Corporation to file a list of properties owned and possessed by the Municipal Corporation and also to place on record its outstanding legal dues of payment by the various Government authorities and individuals, including the monthly rental values for which the properties have been leased out by the Municipal Corporation, proceeded to pass an order on 24th May, 2005, without companysidering the cardinal aspects such as that there is a subsisting agreement between HPTDC and Municipal Corporation in respect of the subject premises. III The respondent Municipal Corporation be directed to reject its leased out properties to a realistic revision of monthly lease amounts monthly rentals. The entry in the revenue record indicates that the possession of the property was with the Municipal Corporation since 1977. It is unfathomable as to how the High Court companyld have passed the order dated 24th May, 2005, to straightway direct the Municipal Corporation to issue tender numberice. Pursuant to the aforementioned interim order passed by the High Court, the Municipal Corporation issued Tender Notice on 9th June, 2005, inviting offers from the interested parties. The said resolution records as under The following decisions were taken It has been agreed that HPTDC will pay 10 increase in the rent after every three years as per policy. In companytinuation of the aforementioned order, the High Court proceeded to pass another interim order on 5 th July, 2005 which reads thus As a sequel to, and in companypliance with the directions companytained in our order dated 24th May, 2005 the Commissioner, Municipal Corporation, Shimla has filed his affidavit which has been affirmed on 1st July, 2005. Being swayed away by the submission made by the intervener applicant, whose application was allowed on the same date, that he was willing to offer a monthly lease amount of Rs.2,50,000/ annual amount of Rs.30 lakhs , the High Court opined that the difference between the lease rent payable by HPTDC and the offer made by the intervener was quite substantial, for which reason the Municipal Corporation should issue public advertisement for leasing out the subject property. Even the decision of the Municipal Corporation recorded in its meeting held on 28th March, 2005, has neither been challenged number been quashed by the High Court. List on 4th July, 2005. On the next date the Commissioner, Municipal Corporation shall file his affidavit informing this Court the details of the offers received and the action proposed thereupon. In response to the said tender numberice, the following five parties submitted their tenders and offered the rates per months as shown against the name of each one of them N S Resorts, Rs.6,51,000.00 The Mall, Shimla RA 3 Co. Rs.4,80,000.00 48/1, The Mall Shimla Ashiana Restaurant, Chhota Shimla. In his affidavit the Commissioner has informed us that the Corporation had issued a tender numberice on 2nd June, 2005 whereby sealed tenders were invited for leasing out the property in question for a period of 25 years on monthly rental basis. These appeals emanate from the judgment and interim orders dated 24th May, 2005 and 5th July, 2005 passed by the High Court of Himachal Pradesh at Shimla in Civil Writ Petition No.555 of 2004, during the pendency of the said writ petition. Mahavir Co. Rs.4,11,000.00 Lower Bazar, Shimla Ascot Hotels Resorts Rs.2,75,000.00 Ltd. As per the aforesaid affidavit, as well as the aforesaid statement of offers and also as per the companyparative statement of tenders filed as Annexure R 2/B to the aforesaid affidavit, it clearly transpires that M s. NS Resorts, The Mall, Shimla has offered the highest rate of Rs.6,51,000/ per month. The impleaded respondent N S Resorts gave the highest offer of rent of Rs.6,51,000/ per month annual rent of Rs.78,12,000/ . The Pillancle Service Rs.4,75,251.00 Co. Jasmine Villa, Top Floor, Near CPRI, Shimla 1. Civil Appeal No.3392 of 2006 has been filed by the Signature Not Verified Digitally signed by DEEPAK GUGLANI Date 2018.03.28 143852 IST Reason State of Himachal Pradesh for short the State against the judgment and order dated 5th July, 2005, whereas the other two appeals, i.e. The State asserted that the land in question is owned by the Government of Himachal Pradesh. VI Cost of the writ petition may kindly be granted throughout in favour of the petitioner. Any other writ, order or direction deemed fit and proper in the facts and circumstances mentioned herein above may very kindly be passed in favour of the petitioner and against the respondents. IV The respondents may kindly be directed to produce the entire records pertaining to this case for the kind perusal of this Honble Court. M. Khanwilkar, J. The stated writ petition was filed by the original respondent No.1, who died during the pendency of the proceedings in this Court.
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2018_133.txt
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It was also decided that the fare structure should be uniform for both the DTC and the private operators. The permit companyditions were numberified under a Scheme for grant of State Carriage Permits to private bus operators in Delhi by the State Transport Authority. 1 to 4 are transport operators who have been issued stage carriage permits by the State Transport Authority, Delhi under various schemes. These private operators were granted permits to run buses under the provisions of the Act. Governor of the National Capital Territory of Delhi. The Scheme was framed for augmentation of the public transport in Delhi. Governor of the National Territory of Delhi, having regard to clauses a to d of the said sub section 1 hereby issues the following directions to the State Transport Authority of Delhi, namely Directions The fares chargeable by the operators of stage carriages city buses plying in the National Capital Territory of Delhi shall be as follows Distance Fare Upto 4 kilometers Rs. 5 is an association of bus operators in Delhi, whose members have been granted permits under various schemes for upliftment of different sections of society. 4, Delhi Transport Corporation DTC , was companytinuously making losses and found itself unable to handle the volume of work required for providing efficient transport facilities for the public in Delhi. Attach to the permit further companyditions. 2500/ p.m. as Bus Shelter charges to DTC b pay Rs. Buses the fare structure shall be ten rupees instead of six rupees. 2.00 From 4 kilometers upto 8 kilometers Rs. 4.00 From 8 kilometers upto 12 kilometers Rs. 1 to 3 represent the Government of the National Capital Territory of Delhi and Respondent No. Repeated and companytinued representations together with an unprecedented 35 per cent hike in diesel price in October, 1999 brought about a rethinking on the part of the STA as a result of which a decision was taken on 16th October, 1999 by the State Government to revise the fare structure applicable to the DTC and the private operators with effect from the said date on the same lines as proposed by the DTC in the year 1998. On 21st December, 1999, the State Government issued an order to the STA directing that along with the upward revision of fare the private operators would be required to a pay Rs. The State Transport Authority did number accede to the request. Under the new policy, which was adopted in or about 1991 92, about 3000 private buses were permitted to operate within the territory of Delhi. Sometime in the year 1997, both the DTC and the private operators appealed to the State Transport Authority STA for revision in the fares on the ground that the companyt of various inputs like diesel, oil, staff salary and wages, insurance, road tax, permit fee, repair charges, apart from increase in capital investment for replacement and interest rates of borrowed capital, had increased between 25 per cent to 300 per cent. The Scheme was formulated and publicised and also freely available to all persons intending to seek permits for operating stage carriages. The work of transport was opened up to private operators like the appellants, who were granted stage carriage permits under the provisions of the Motor Vehicles Act, 1988 read with the Rules made thereunder hereinafter referred to, respectively, as the Act and the Rules . For companycessional bus passes the following rates shall be applicable. 4 is a statutory companyporation set up under Section 3 of the Road Transport Corporation Act, 1950. 8.00 For the LTD, Green Line and Railway Spl. Type of pass New Rate General Destination Rs. Being aggrieved by the numberification, the appellants filed a writ petition before the High Court of Delhi which came to be dismissed by the judgment of the High Court dated 19th October, 2000 upholding the legality and validity of the said numberification. This appeal by special leave is directed against the judgment of the High Court of Delhi dated 19th October, 2000 dismissing the writ petition of the appellants under Article 226 of the Constitution of India challenging the numberification dated 31st December, 1999 issued by the Lt. SRIKRISHNA, J. Hence, this appeal by special leave. Appellant Nos. Respondent Nos. Appellant No. Respondent No.
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2004_271.txt
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Thereafter the Government of Uttar Pradesh by an order made on April 15, 1957 amended the earlier order by substituting for the words M s. Mathura Electric Supply Co. Ltd., Mathura and its workman Shri Sumniera occurring in the earlier order, the words M s. Mathura Electric Supply Co. Ltd., Mathura and its workmen. The impugned order of reference dated May 17, 1958 describes the dispute as one existing between the employers and the workmen of the companycern known as M s. Mathura Electric Supply Co. Ltd., Mathura. Industrial Disputes Act, 1947 was really an industrial dispute. The opening words of that order were Whereas an industrial disputeexist between the companycern known as M s. Mathura Electric Supply Co. Ltd., Mathura, and its workman Shri Summera The description of the dispute in this order as one between the companypany and an individual workman prompted the Company to file a writ petition in the Allahabad High Court challenging the validity of the reference. We have already referred to the letter of June 15, 1956 addressed by the Secretary of the Electric Workers Union, Mathura to the Vice President of Indian National Trade Union Congress, Agra, and the document dated November 15, 1956 authorising the Vice President to represent the respondents case. By the other document which is dated November 15, 1956 the Secretary, Electric Workers Union, Agra authorised Shri P.N. One of these documents is a letter dated June 15, 1956 addressed by the Secretary of the Electric Workers Union, Mathura to Shri P. N. Bhargava, Vice President of the Uttar Pradesh Indian National Trade Union Congress, Agra, saying that efforts should be made immediately to get the case of the respondents dismissal referred for adjudication. Bhargava, Vice President, Uttar Pradesh Indian National Trade Union Congress, Agra branch, to represent the respondents case before the Conciliation Board, Adjudicator, Labour Tribunal or any other Tribunal in companynection with the industrial dispute regarding the termination of his services or before any Government Officer in companynection therewith. On behalf of the appellant companypany the only point argued before us was that in the absence of any companyvincing evidence that a large number of workmen of the companypany espoused the cause of the respondent, the dispute remained an individual dispute and did number acquire the character of an industrial dispute. However, we heard companynsel for both sides on the main question as to whether the dispute arising on the dismissal of the respondent was espoused by other workmen to make it an industrial dispute. A Division Bench of the High Court dismissed the appeal preferred by the Company against the decision of the single Judge on the preliminary ground that the appeal was incompetent by reason of number joinder of a necessary party, namely, the Electric Workers Union, Mathura. A single Judge of the High Court did number accept the companytention raised on behalf of the companypany that it was an individual dispute and agreeing with the finding of the Labour Court that this was an industrial dispute the learned Judge dismissed the writ petition. The Labour Court, Meerut, made its award on September 30, 1958 in which it was held that Summeras dismissal was wrongful. The Labour Court directed that the workman should be reinstated without a break in service and paid all arrears of wages. In this appeal by special leave the only question for determination is whether the dispute referred by the Deputy Labour Commissioner, Uttar Pradesh, on May 17. 1958 to the Labour Court at Meerut under Section 4 K of the U.P. In support of the claim that this was an industrial dispute the respondent in his companynter affidavit filed in the High Court annexed companyies of two documents. The third respondent, Summera, hereinafter referred to as the respondent an employee of the appellant companypany, was dismissed from service on August 22, 1955. The impugned order of reference was made on May 17, 1958. Ultimately on, December 30, 1957 the State Government passed an order withdrawing the reference made to the Regional Conciliation Officer, Agra, which made the writ petition infructuous and it was accordingly dismissed. It was added that the respondent was a member of the aforesaid union. The companypany filed a writ petition in the Allahabad High Court challenging the validity of this Award.
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1981_197.txt
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On 6.8.1991, the said respondent filed an application before the Tribunal for an order to alter his date of birth recorded as 9.8.1934 to 9.8.1936. According to the date of birth recorded in his service register, he was to superannuate on 8.8.1992. Ultimately, by the impugned order, the Tribunal recorded a finding that the date of birth of the respondent was 9.8.1936 and he shall superannuate with reference to that date. Thereafter, an application was filed before the Tribunal, making prayer for a direction to alter the date of his birth. In due companyrse, he was promoted to the posts of Inspector of Police Deputy Superintendent of Police and Additional Superintendent of Police. In the year 1958, the respondent entered in the police service as Sub Inspector of Police. This appeal is on behalf of the Commissioner, Home Department, and the Director General of Police of Tamil Nadu, for setting aside an order dated November 3, 1992 passed by the Tamil Nadu Administrative Tribunal hereinafter referred to as the Tribunal directing the alteration of the date of birth of the respondent in the service records. The Tribunal issued a direction as sought for by the respondent. On 9.9.1992 the Tribunal passed an interim order directing the appellants to allow the respondent to companytinue. A representation to that effect was made, which was rejected on 2.4.1992 and companyy of the said order companymunicated by the Director General of Police. That application was rejected giving an option to the respondent to approach the Government under the appropriate service rules. P. Singh, J. Leave granted.
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1993_864.txt
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It further went on to hold that an advocate lawyer cannot issue a numberice under Section 8 on behalf of the operational creditor in the following terms In the present case, as the numberice has been given by an advocate lawyer and there is numberhing on the record to suggest that the lawyer was authorized by the appellant, and as there is numberhing on the record to suggest that the said lawyer advocate hold any position with or in relation to the appellant companypany, we hold that the numberice issued by the advocate/ lawyer on behalf of the appellant cannot be treated as numberice under Section 8 of the I B Code. The first question is Signature Not Verified whether, in relation to an operational debt, the provision Digitally signed by VISHAL ANAND Date 2017.12.15 170032 IST Reason companytained in Section 9 3 c of the Code is mandatory and secondly, whether a demand numberice of an unpaid operational debt can be issued by a lawyer on behalf of the operational creditor. After the enactment of the Code, the appellant issued a demand numberice under Section 8 of the Code on 14.2.2017 at the registered office of the companytesting respondent, calling upon it to pay the outstanding amount of US6,321,337.11. Since amounts under the said bills of lading were due for payment, the appellant sent an email dated 3.5.2016 to the companytesting respondent for payment of the outstanding amounts. The supplier issued two invoices dated 21.12.2015 and 31.12.2015. By a reply dated 22.2.2017, the companytesting respondent stated that numberhing was owed by them to the appellant. Ultimately, the appellant issued a statutory numberice under Sections 433 and 434 of the Companies Act, 1956. A reply dated 5.10.2016 denied the fact that there was any outstanding amount. However, the NCLT also went into the question as to whether a dispute has been raised in relation to the operational debt and found that such dispute was in fact raised by the reply to the statutory numberice sent under Sections 433 and 434 of the Companies Act, 1956 and that, therefore, under Section 9 5 ii d , the application would have to be dismissed. On 7.3.2017, the appellant initiated the insolvency proceedings by filing a petition under Section 9 of the Code. They further went on to question the validity of the purchase agreement dated 27.7.2015 in favour of the appellant. The respondent entered into an agreement dated 2.12.2015 for supply of goods worth US6,321,337.11 in accordance with the terms and companyditions companytained in the said sales companytract. Payment terms under the said invoices were 150 days from the date of bill of ladings dated 17.12.2015/19.12.2015. By the impugned judgment dated 17.7.2017, the NCLAT agreed with the NCLT holding that the application would have to be dismissed for number companypliance of the mandatory provision companytained in Section 9 3 c of the Code. Hamera International Private Limited executed an agreement with the appellant, Macquarie Bank Limited, Singapore, on 27.7.2015, by which the appellant purchased the original suppliers right, title and interest in a supply agreement in favour of the respondent. The present appeals raise two important questions which arise under the Insolvency and Bankruptcy Code, 2016 hereinafter referred to as the Code . Several such emails by way of reminders were sent, and it is alleged that the companytesting respondent stated that it will sort out pending matters. For the purpose of this judgment, the facts companytained in Civil Appeal No.15481 of 2017 will number be set out. The facts companytained in the three appeals are similar. And for the said reason also the petition under Section 9 at the instance of the appellant against the respondent was number maintainable. F. Nariman, J.
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2017_713.txt
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That the respondent original tenant B. N. Chatterji died after the filing of this appeal. B. N. Chatterji the defendant, companytested the suit and alleged that the landlord did number require the premises bonafide. 35 of 1963 against one B. N. Chatterji in the companyrt of Munsif, Ajmer City, for ejectment from the first floor of the house known as Krishna Bhawan. During the pendency of the appeal, the tenant B. N. Chatterji died on 31 7 1967 and his widow and children were brought on record as his heirs and legal representatives. The ejectment was sought on the ground that the plaintiff required the house bonafide for the residence of himself and his family. 59/1964 in the companyrt of the District Judge, Ajmer. The widow Kalyani Devi died on 24 6 1969 and her heirs are the legal representatives already on record. The learned Munsif by judgment dated January 17, 1964 held in favour of the landlord and decreed the suit for ejectment. 428 N of 1971. 390/1965 in the Rajasthan High Court. 390 of 1965. From that decree the tenant filed Civil Appeal No. Vinoo Bhagat and J. K. Sethi, for respondent No. Sobhag Mal Jain, for the appellants. When the appeal came before a single Judge of the High Court for hearing, the landlord, who was the appellant in the second appeal, sought the permission of the companyrt to urge the following point. 1 filed Civil Suit No. Civil Second Appeal No. CIVIL APPELLATE JURISDICTION Civil Appeal No. Plaintiff Respondent No. Appeal by special leave from the judgment and order dated January 1, 1971 of the High Court at Jodhpur in S. B. The Judgment of the Court was delivered by Palekar, J. This appeal by special leave arises in the following circumstances.
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1972_310.txt
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1464 of 1974. 346 and 1464 of 1974. 624 of 1978 for a direction by the High Court to companyply with the aforesaid order dated 8.10.1976 in writ Petition No. 352 354 of 1980 are directed against the aforesaid judgments dated 8.10.1976 and 20.7.1979. 624 of 1978 shall be of numberconsequence. 1464 of 1974 against which civil Appeal No. 352 352 354 of 1980 have been filed against the judgment of the same High Court in Writ Petition 2341 2343 of 1978. 2341 2343 of 1978 filed on behalf of the respondent questioning the validity of Act 25 of 1978. 624 of 1978 for issuance of mandamus to the authorised officer on basis of the aforesaid judgment and order of the High Court dated 8.10.1976 in writ petition No. 134/80 is directed against aforesaid order of the High Court dated 8.10.1976. 624 of 1978 was filed on behalf of the state for recall of the aforesaid order dated 3.3.1978 which was dismissed on 23.6.1978. It simply directed the state Government to companyply with the direction given by order dated 8.10.1976 in writ Petition No. 1978 the High Court had allowed the Writ petition No. 1464/74 and writ petition Nos. The State of Tamil Nadu is the appellant in these appeals. 624 of 1978, I merely directed that state of Tamil Nadu to give effect to the judgment of the Division Bench of this Court in W.P Nos. If an order dated 8.10.1976 is set aside by this companyrt, any direction given on 3.31978 in writ petition No. On 15.2.1974, The Tamil Nadu Land Reforms Fixation of Ceiling on Land Sixth Amendment Act 1972 Act 7 of 1974 was published in the Tamil Nadu Government Gazette. 624 of 1978 filed on behalf of the said respondent and issued a writ of mandamus directing the State to companyply with the judgment dated 8.10.1976 of the High Court in writ petition No.1464 of 1978 and as numberappeal has been filed on behalf of the state before this Court against the aforesaid order dated 3.3.1978, the said order has attained finality and if the appeals filed on behalf of State are allowed, it small lead to an anomalous position. The High Court by its order dated 8.10.1976 quashed the Draft Compensation Assessment Roll published, treating the vesting of the surplus lands with effect from 1.3.1972 because of Act 7 of 1974. 3153 in Writ Petition No. 1978 was in the nature of execution order. 134 of 1980 has been filed against the judgment of the High Court of madras in Writ Petition 1464 of 1974, whereas Civil Appeal Nos. The Tamil Nadu Reforms Fixation of ceiling on Land Act, 1961 Act 58 Of 1961 , hereinafter referred to as the principal Act was published in the Tamil Nadu government Gazette on 2.5.1962. It was stated that in the said petition on behalf of the state, attention of the learned judge was drawn to the fact that in the meantime Act 25 of 1978 had companye in force and as such there was numberquestion of payment of companypensation to the respondent in terms of the order dated 8.10.1976 as directed in writ Petition No. It appears that the respondent had filed the aforesaid writ Petition No. 1464/74 to prepare the Draft Assessment Roll as per that a judgment. Those writ petitions were allowed by a Division Bench of the High Court on 20.7.1979. 352 354/80 have been filed against the said Judgment. All the writ Petitions had been filed on behalf of the respondent which were allowed by the High Court. This provision was deleted by Tamil Nadu Amendment Act 41 of 1971, which came into force from 15.1.1972. I directed full companypliance of that judgment on or before 30th of June , 1978. In that writ petition a grievance had been made that respondents of that writ petition were delaying preparation of the Draft Compensation Roll on the plea that special Leave Petition to Appeal to the supreme Court along with an application for stay had been filed on behalf of the state. 134 of 1980 has been filed. The respondent also filed Writ petition No. Petition No. It was then pointed out on behalf of the respondent that on 15.6.1978 writ Misc. In that writ petition, a learned judge of the High Court directed to companysider the determination of the companypensation and the preparation of the Draft Compensation Assessment Roll, under section 50 3 a of the Act 58 of 1961 in respect of the excess lands of the respondent. In this background, it has to be examined whether sections 4, 5 and 6 of Act 25 of 1978 with number obstante clause and deeming provisions have taken away the effect of the aforesaid judgment of the High Court dated 8.10.1976 directing the appellant state to apply 9 times multiple in view of the amendments introduced by Act 7 of 1974. The relevant part of order dated 23.6.1978 is as follows Even otherwise, the respondent herein has challenged the validity of Tamil Nadu Act 25 of 1978 and till the validity is upheld, it is number open to the state of Tamil Nadu to maintain an application of this character Whatever may be said about the validity of the Act, which question need number companycern me at this stage, I find great force in what Mr. M.R. It was urged that as numberappeal has been filed against the order dated 23.6.1978 on behalf of the state, the said order shall be deemed to have become final in respect of the scope and effect of Sections 4 ,5 and 6 of Act 25 of 1978. 134 of 1980 and civil appeal Nos. 2341 2343/78 have became final. It may be mentioned at the outset that numbere of the two judgments of the High Court dated 88.10.1976 and 20.7.1979 in writ petition No. A companyy of the writ of mandamus issued by the High Court in the said Writ Petition is on the record and the operative part thereof is as follows the Respondents herein, are hereby directed to companysider the determination of the companypensation and the preparation of the Draft Compensation Assessment Roll under section 503a of the Act 58 of 1961, in respect of the excess lands of the petitioner, acquired by you , in due companypliance, fully and properly of the judgment of this companyrt dated 8.10.76 and passed in W.P.Nos. 346 and 1464 of 1974 on or before 30.6.1976 and you, the second respondent herein, are hereby directed to call upon the petitioner to furnish whatever information is required on or before 30.3.1978 which information will be supplied to you by the petitioner within 15 days from the date of receipt of the said numberice and thereupon to proceed forthwith to companyply with the aforesaid directions of this Court dated 8.10.76 and passed in w.p. Possession over such excess land were taken over by the state Government between 6.4.1973 and 26.4.1973. 352 354 of 1980 DELIVERED BY P. SINGH, J. P. SINGH, J. Civil Appeal No. Nos. It cannot be disputed that by the aforesaid order dated 3.3.1978 the High Court had number determined any right or liability inter se between the parties. It can be said that the direction which was given on 3.3. According to the said Act, a ceiling of 30 standard acres of agricultural land was fixed as the maximum holding. Civil Appeal Nos. Narayanaswamy submits. In my judgment rendered in W.P. With C.A.
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1996_1272.txt
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CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1993_261.txt
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iii of the citizenship rules were ultra vires and they urged that they had number acquired the citizenship of pakistan and continued to be the citizens of india. iii of the citizenship rules 1956 is ultra vires. it appears that all the said persons had companye to india with a passport issued in their favour by the government of pakistan and the appellants case before the high companyrt was that as a result of the companyduct of the respondents in applying for and obtaining the pakistani passport they had lost the citizenship of this companyntry and had voluntarily acquired the citizenship of pakistan. the respondents on the other hand companytended that s.9 of the citizenship act 1955 57 of 1955 and r. 3 in sell. 258 265 267 271 273 275 and 279 of 1961.
april 17.
the judgment of the companyrt was delivered by gajendragadkar j. this group of twenty. the companyrt of appeal has also observed that under the citizenship act and the rules framed thereunder the central government has been companystituted as a special tribunal for deciding the question as to whether a . two appeals has been brought to this companyrt with certificates granted by the andhra high companyrt and they challenge the companyrectness of the decision of the said high companyrt that r. 3 in sch. 258 279 of 1961.
appeals from the judgment and order dated september 4 1957 of the andhra pradesh high companyrtin writ appeals number 46 66 and 73 of 1957.
v. r. tatachari and p. d. menumber for the appellants. twentytwo persons who are the respective respondents in these appeals filed twenty two writ petitions in the andhra high companyrt challenging the validity of the orders passed by the appellant government of andhra pradesh asking each one of them to remove themselves out of inidia before the date specified in the numberices served on them in that behalf. this decision was challenged by the respondents by preferring 22 appeals before a division bench of the andhra high companyrt. the companysequence of these findings inevitably was that the orders of deportation passed by the appellant against the respondents were held to be invalid. that is why the appeals preferred by the respondents were allowed and a writ of mandamus was issued directing the appellant to forbear from enforcing the said orders of deportation. that is how the appellant justified the numberices served oil the respondents calling upon them to leave india. ram reddy for respondents in appeals number. civil appellate jurisdiction civil appeals number.
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1962_251.txt
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It is to be numbered that various companytentious pleas were raised in the appeal. Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the order passed by a learned Single Judge of the Bombay High Court allowing the appeal filed by the respondents. Leave granted.
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2008_100.txt
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To avoid its liability towards insured, the insurer has to prove that the insured was guilty of negligence or failed to exercise reasonable care in the matter of fulfilling the companydition of the policy regarding use of vehicles by duly licensed driver or one who was number disqualified to drive at the relevant time. Before the Tribunal, the respondent Insurance Company neither pleaded number led any evidence that the driver of the truck did number have any licence. In National Insurance Co. Ltd. v. Swaran Singh and Ors, 2004 1 Scale 180, this Court has held that mere absence, fake or invalid driving licence or disqualification of the driver for driving at the relevant time, are number in themselves defences available to the insurer against either the insured or the third parties. 3,91,500 Aggrieved, the respondent Insurance Company preferred an appeal before the High Court. Aggrieved, the respondent Insurance Company further filed a letters patent appeal before the High Court. 2004 2 SCR 354 The following Order of the Court was delivered In a motor vehicle accident, one Sanjiv Kumar Jha died at the spot. Consequently, the appellants filed their claims petition before the Motor Accidents Claims Tribunal, Bhagalpur. The Tribunal by an order dated 12.2.1999 gave an award for a sum of Rs. The Letters Patent Bench set aside the order of the learned Single Judge and remitted the matter back upon framing issues for determination by the Single Judge. It is against the said judgment, the appellants are in appeal before us.
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2004_120.txt
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Dr. P. Sambasiva Rao obtained the M.B.B.S. Dr. P. Sambasiva Rao filed two writ petitions W.P. Dr. P. Sambasiva Rao was number companysidered eligible for such selection on the view that for the purpose of eligibility the applicant should have obtained the degree in medicine by 1974 and Dr. P. Sambasiva Rao had obtained his medical degree in the year 1975. Dr. J. Sanjeeva Kumar passed the M.B.B.S. 221 282 of 1986 and 944 of 1991 filed by the appellant corporation against the judgments of the learned single Judges in the writ petitions of Dr. P. Sambasiva Rao and Dr. J. Sanjeeva Kumar as well as writ petitions Nos. The appellant companyporation was also directed to put Dr. P. Sambasiva Rao on a reasonable scale of pay. The appellant companyporation was directed to reinstate Dr. P. Sambasiva Rao forthwith and companysider him for appointment on regular basis at the earliest. The last appointment given to Dr. P. Sambasiva Rao was on December 4, 1984 for the period December 5, 1984 to February 27, 1985. Feeling aggrieved by the termination of his services with effect from February 27, 1985, Dr. P.Sambasiva Rao filed a writ petition W.P. 585 of 1?89, Dr. P. Sambasiva Rao claimed allotment of residential quarter and also allowance at the rate of Rs. 2058 of 1981 and W.P. Dr. S. Prasada Rao was originally appointed as medical officer with the appellant corporation on September 1, 1984 on daily wage basis Rs. 944 of 1991 filed by the appellant corporation in the case of Dr. J. Sanjeeva Kumar, the Division Bench treating Dr. S. Prasada Rao on par with Dr. J. Sanjeeva Kumar disposed of the said appeal with the direction that services of Dr. S. Prasada Rao would be regularised with effect from April 1, 1986 and he should also be given two advance increments and official accommodation within six months. Both the Writ Petitions W.P. 9987 of 1990 of Dr. J. Sanjeeva Kumar was allowed by learned single Judge of the High Court Panduranga Rao J. by judgment dated April 11, 1990 and the appellant companyporation was directed to regularize the services of Dr. Sanjeeva Kumar in the category of medical officers with effect from July 16, 1985 and to pay to him the salary and other allowances on par with regular medical officers working with the appellant corporation from July 13, 1990, the date on which the writ petition was presented before the High Court. Dr. P. Sambasiva Rao fell ill and applied for leave from March 1 1985 but he was informed on June 5, 1985 that his appointment was an ad hoc appointment which expired on February 27, 1985 and, therefore, the question of sanctioning leave after February 27, 1985 did number arise. 4337 of 1989, Dr. P. Sambasiva Rao claimed seniority in the category of medical officers, time scale of pay on par with regular medical officers and otter attendant benefits like employers share of companytributory fund, ex gratia amounts etc. 4337 of 1989 and 585 of 1985 filed by Dr. P. Sambasiva Rao, were heard by the Division Bench of the Andhra Pradesh High Court and decided by a companymon judgment dated February 2, 1993. degree examination in 1981 and he joined the appellant corporation as medical officer on July 16, 1985 on an initial pay of Rs. 9844 of 1985 and quashing the order dated June 6, 1985, the learned single Judge held that the said order effectively dispensing with the services of Dr. P. Sambasiva Rao with effect from March 1, 1985 was extremely arbitrary and unreasonable and was violative of Article 14 of the Constitution. 9987 of 1990 in the Andhra Pradesh High Court wherein he sought regularisation of his services with effect from the initial date of appointment, i.e., July 16, 1985 and also sought a direction to the appellant corporation to pay salary and allowances on par with the regular medical officers working in the appellant corporation with effect from July 16, 1985. The appellant corporation filed W.A. The said writ petition W.P. In the said writ petition the case of Dr. J. Sanjeeva Kumar was that he had been working for six hours every day through out the period of five years and though the remuneration which was being paid to him was described as honorarium, he was discharging his duties as medical officer like other medical officers working with the appellant corporation and that regular medical officers in the service of the appellant corporation who were also discharging the same duties were receiving salary in the time scale of Rs. 9987 of 1990. The regularisation of the services of Dr. Sanjeeva Kumar from July 16, 1985 to the date of filing of the writ petition was limited for the purpose of the pensionary benefits only and for claiming any seniority and that the pay was directed to be fixed in the initial stage of medical officers on and from July 13, 1990. He filed a writ petition W.P. 944 of 1991 was filed by the appellant corporation against the said judgment of the learned single Judge in W.P. The said writ petition of Dr. S. Prasada Rao was allowed by the learned single Judge of the High Court Jagannadha Raju J. by judgment dated September 18, 1991 and it was directed that the services of Dr. S. Prasada Rao shall be regularised with effect from his original date of appointment, i.e., September 1, 1984, as regular medical officer and that he would also be entitled to the companysequent benefits. degree in 1975 and he was appointed as a medical officer in the appellant corporation on October 29, 1975 on an honorarium of Rs. 2058 of 1981 in the Andhra Pradesh High Court wherein he sought a writ or direction declaring that he was entitled for absorption into the post of medical officer in the appellant corporation. 12648 of 1990 in the Andhra Pradesh High Court claiming regularisation of his services in the category of medical officers with effect from the date of his initial appointment, i.e., September 1, 1984 and also sought a direction regarding payment of salary and other allowances on par with regular medical officers working in the appellant corporation with effect from September 1, 1984. The said appointment was companytinued till February 27, 1985 with artificial breaks of one day after each appointment for 89 days. 9844 of 1985 in the Andhra Pradesh High Court wherein he sought a declaration that the order dated June 6, 1985 terminating his services with effect from February 27, 1985 was arbitrary and illegal and also sought a declaration that he should be deemed to be companytinuing in service of the appellant corporation companytinuously. 9844 of 1985, the learned single Judge did number companysider necessary to pass further orders in W.P. Allowing W.P. In the said writ petition, the learned companynsel appearing for the appellant corporation gave an undertaking before the Court that Dr. P. Sambasiva Rao would be treated as eligible for selection and he was called for interview on March 12, 1981 but he was number selected and he companytinued to work on ad hoc basis. 4337 of 1989 and 585 of 1989 . During this period a selection was made for regular appointment on two posts of medical officer in 1980 81. 2058 of 1981. 35/ per day. 9844 of 1985 were disposed of by a learned single Judge of the High Court Anjaneyulu J. by judgment dated February 28, 1986. 35/ per day to Rs. 1318 of 1991 was filed in by the appellant corporation against the said judgment of the learned single Judge. 35/ per day and the said remuneration was increased to Rs. In writ petition No. 281 of 1986 and W.A. 3940 OF 1994 Hindustan Shipyard Ltd. V. Dr. S.Prasada Rao J U D G M E N T C. AGRAWAL, J. It was further held that both these medical officers were number entitled to any other benefits like seniority, promotion, etc. 50/ per day with effect from April 27, 1987. The said appointment was for 89 days each time with a break of one day, i.e., 90th day and on the 91st day he was reappointed. W.A. These appeals raise companymon questions relating to regularization of three medical officers respondents herein working with the Hindustan Shipyard Limited hereinafter referred to as the appellant corporation . 282 of 1986 against the said decision of the learned single Judge in these two writ petitions. In view of the orders passed in W.P. Feeling aggrieved by the aforesaid decisions of the Andhra Pradesh High Court, the appellant corporation has filed these appeals. 50/ per day from April 20, 1987. as sought for. The said remuneration was raised from Rs. The said appeal was disposed of by another Division Bench of the Andhra Pradesh High Court by judgment dated September 8, 1993. 400/ per month since April 1, 1986 and to finalize his leave account. 960 50 1860 plus other allowances. Following the earlier judgment of the Division Bench in W.A. 600/ per month to work in the dispensary in the companyony first aid center in the yard. Nos. While the said appeals were pending. A. Nos. W A. WITH CIVIL APPEAL NO. No.
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1996_49.txt
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There were in all five vacancies out of which one was reserved for candidates belonging to the Scheduled Tribes category and both Scheduled Caste and Scheduled Tribes candidates were eligible to companypete for this reserved vacancy. The appellant was permitted to appear for the companypetitive examination held on 21st December, 2003 against the vacancy reserved for candidates belonging to Scheduled Tribes category. Res dated 6th November, 2003, clarifying that it was number permissible to fill a post reserved for Scheduled Tribes by a Scheduled Caste candidate or vice versa by exchange of vacancies between the two. A further direction was also prayed by the appellant to the extent that the respondents should keep one vacancy reserved for the appellant who had companypeted and was found successful as a candidate from Scheduled Caste reserved category and for other incidental reliefs. A numberice dated 27th February, 2004 was issued by the respondents that numberexchange of vacancies between Scheduled Caste and Scheduled Tribes categories companyld be allowed even if numbereligible candidate was available under either of the two categories in view of OM No.36012/17/2002 Estt. The appellant was permitted to undergo a pre examination training between 1st December, 2003 to 19th December, 2003 which was imparted to Scheduled Caste and Scheduled Tribes employees in accordance with the aforesaid promotional policy. A writ petition was filed by the appellant for a direction upon the respondent to companysider the case of the appellant for promotion to the cadre of Assistant Administrative Officer AAO against the vacancy reserved for Scheduled Tribe candidates. The facts of the present case may briefly be stated as follows The appellant who is a Scheduled Caste by birth has been working as Assistant T in the Oriental Insurance Company on and from 2nd January, 1997. Since her name had appeared in the list of successful candidates, the appellant claimed that she was entitled to be called for interview and companysidered for selection. Feeling aggrieved by refusal of the authorities to empanel the appellant for the interview, the aforesaid writ petition was filed before the High Court which, as numbered herein earlier, was dismissed with the observation that numberlegal right of the appellant had been infringed for number empanelling her as a successful candidate to appear before the Interview Board set up by the respondents. Advertisement was published on 30th October, 2003 and accordingly the appellant applied on the basis of the said advertisement to the post of Assistant Administrative Officer. Arising out of SLP C No.22070 of 2004 TARUN CHATTERJEE, J. The name of the appellant appeared at Sl. This appeal is directed against the Judgment and order dated 23rd August, 2004 passed by a Division Bench of the High Court of Punjab and Haryana at Chandigarh whereby the High Court dismissed a writ application filed by the appellant only on the ground that numberlegal right of the appellant had been infringed. It is this order of the High Court which the appellant has challenged before this Court by way of a special leave petition in respect of which leave has already been granted. Leave granted.
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2007_1263.txt
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20,24,190 Other cheques received at Bhavnagar but drawn on Banks in British India Rs. The presumption is that the letters companytaining the cheques were addressed to the assessee companypany at Bhawagar We therefore hold that the cheques were received from Government at Bhavnagar and that the money was also received in Bhavnagar. 5,53,447 in respect of the said latter year, being the aggregate amount of the cheques received at Bhavnagar from other merchants was also received in Bhavnagar. 16,72,693 as held by the Income tax Officer or any other figure , held that the cheques representing the said amount were received at Bhavnagar and the monies or sale proceeds were also received in Bhavnagar. 13,08,987 in respect of the assessment year 1943 44, were received at Bhavnagar and that the sale proceeds were also received in Bhavnagar. The Revenue had number disputed the fact that the cheques had been actually received at Bhavnagarbut had companytended that payments by cheques, though such cheques were received at Bhavnagar, were received in British India at the time and the place where the cheques were ultimately cashed and honoured by the banks on which the cheques were drawn and that until such encashment of the cheques, the monies companyld number be said to have been received by the appellant. The Tribunal stated inter alia as follows There is numberevidence that the cheques from Government were received in Bhavnagar. The only ground urged by the Revenue at all material stages was that because the amounts which were received, from the merchants or the Government, were received by cheques drawn on Banks in British India which were ultimately encashed in British India, the monies companyld number be said to have been received in Bhavnagar though the cheques were in fact received at Bhavnagar. These cheques were companylected by the Companys bankers in British India. The question of law which was referred by the Tribunal to the High Court for its decision was Whether the receipt of the cheques at Bhavnagar amounted to receipts of sale proceeds in Bhavnagar. The appellant had companytended that the amounts had been received at Bhavanagar, by cheques drawn on banks in British India. No evidence was produced by the assessee at any stage even before the Appellate Tribunal, that the cheques were received at Bhavnagar, number was any evidence produced to show that these cheques were received as unconditional discharge of debtors liability. 35,92,157 as detailed below were held by the Income tax Officer to have been received in British India Cheques on the Imperial Bank issued by the Supply Department of the Government of India Rs. 12,97,631 received from the Government of India in the accounting years relevant to the assessment for 1943 44 and 1944 45 respectively the amounts were received by cheques drawn on the Imperial Bank of India. The two letters showing that the cheques from the Supply Department were received by post were evidently put in with a view to show that the order of the Tribunal dated July 17, 1952, was companyrect in making the presumption that the letters companytaining the cheques were addressed to the, appellant at Bhavnagar and in holding that the cheques were received from the Government at Bhavnagar. The Income tax Officer, therefore, held that the amount was received in British India. 16,72,693 received by the appellant by cheques from the Supply Department of the Government of India on British India Banks were taxable under s. 4 1 a of the Act. The Appellate Assistant Commissioner by his two separate orders companyfirmed the orders of the Income tax officer and held that the cheques were number legal tender and were number monies or monies worth as such and that the receipt of cheques at Bhavnagar was number receipt of money. 35,92,157 The Income tax Officer companyputed the income of the appellant at Rs. 2,58,987 Sale proceeds received through Tri kainlal Mahasukhram Rs. In respect of the assessment year 1944 45, the Tribunal, after directing the Income tax Officer to verify the companyrectness of the figure of the amounts received by the appellant by cheques from the Government i. e., whether it was Rs. 5,53,447 received in the accounting years relevant to the assessments for 1943 44 and 1944 45 respectively, the relevant facts are that the companypany received these cheques and sent them to their bankers in Ahmedabad for companylection The Tribunal, held that the sale proceeds were received at Bhav nagar on the basis of the Bombay High Courts decision in the Kirloskar Brothers case without enquiring as to whether the cheques were received by the companypany in unconditional discharge of the drawers liability. 14,72,267 was received in British India under s. 4 1 a of the Act. 8 thereof to two letters on the record which showed that the cheques from the Supply Department were received by post. The Tribunal, however, relied upon the Bombay High Court decision in Kirloskar Brothers case and held that the amount was received in Bhavnagar. In respect of the assessment year 1944 45 companyresponding to the account year 1943 the Income tax Officer held that the sale proceeds amounting to Rs. There was numberdispute in regard to the sale proceeds received through Trikainlal Mahasukhram. He held that the income amounting to Rs. For the assessment years 1943 44 and 1944 45 account years 1942, and 1943 , the Income tax Officer companyputed the British Indian Income of the appellant on a proportionate basis under s. 4 1 a of the Act. The appellant is a limited liability companypany manufacturing textile goods at Bhavnagar which was an Indian State during the assessment years 1943 44 and 1944 45. 15,67,967 made to the Government of India and other customers were received in British India within the meaning of section 4 1 a of the Indian Income tax Act. 185.
of the fact that the assessees in the said two appeals had expressly requested the Government to remit the amounts by cheques, the assessees had companystituted the Post Office their agent to receive, on their respective behaves, the said cheques which were posted by the Government at Delhi having addressed them to the assessees outside British India. to the Tribunal against the said orders of the Appellate Assistant Commissioner and the Tribunal by its companysolidated order for both the years, dated July 17, 1952, held that the cheques for the said amounts of Rs. The said order of the Tribunal was based on the facts admitted and or found by the Tribunal as stated in the Reference Applications made by the Revenue as aforesaid and this aspect of the case, viz.,
whether any portion of these cheques were received by post and if so whether there was any request by the appellant express or implied that the amounts of those cheques should be remitted to Bhavnagar by post, had certainly number been canvassed before any of the income tax authorities or before the Tribunal and did number find its place in the order of the Tribunal and any question of law appertaining thereto companyld number be said to arise out of the said order of the Tribunal. 2,58,987 and Rs. The Appellate Assistant Commissioner companyfirmed the Income tax Officers action. 66,14,852 out of which sale proceeds amounting to Rs. It is worthy of numbere that the decision of this Court in the said two cases proceeded on the basis that on the particular facts of those appeals the Post Office had acted as the agent of the assessee and that though the cheques were in fact received by post by the assessees outside British India, nevertheless, by reason 1 195425 I.T.R. In doing so, the Tribunal followed the Judgment of the Bombay High Court in the case of Kirloskar Brothers Ltd. v. Commissioner of Income tax Bombay 1 . A similar statement of facts which were admitted and or found by the Tribunal was also made in regard to the assessment year 1944 45 and similar questions of law were asked to be referred as in the case of the assessment year 1943 44 except in regard to the change in the figures necessitated by the differences in the amounts received. 13,08,980 Rs. 13,08,980 and Rs. 27,11,136 on a proportionate basis, i.e., proportionate to the sales in and outside British India. 12,97,631. The Appellant preferred appeals to the Appellate Assistant Commissioner, Ahmedabad Range, against this order of the Income tax Officer for the said two assessment years. 82.
in this Court against that decision of the Bombay High Court the Tribunal further stated We might point out that in case the Supreme Court does number uphold the Bombay High Court decision in Kirloskar case an enquiry will have to be made as to whether the assessee companypanys banks at Ahmedabad acted as the assessee companypanys agents for companylecting the money due on the cheques. 19 of 1955 made by the Income tax Appellate Tribunal hereinafter referred to as the Tribunal to the Pligh Court under s. 66 1 of the Indian Income tax Act XI of 1922 hereinafter referred to as the Act whereby the High Court directed the Tribunal to submit a supplementary statement of case on the points mentioned therein. The figure of Rs. Being aggrieved by the said decision of the Tribunal, the respondent Commissioner of Income tax filed two applications under s. 66 1 of the Act requesting the Tribunal to draw up a statement of the case and refer the question of law arising out of the order of the Tribunal to the High Court. 12,97,631 as companytended for by the appellant or Rs. Whether in the circumstances of this case, the income, profits and gains in respect of the sales amounting,to Rs. For the said assessment years the appellant was held to be a number resident, its years of account being calendar years 1942 and 1943. It also annexed a sample agreement form on record between the appellant and its customers other than the Government and annexed thereto the companyies of the Appellate Assistant Commissioners orders for the assessment years 1943 44 and 1944 45. Besides the same the Tribunal also referred in para. In the account year 1942 its total sales amounted to Rs. 16,72,693 according to the appellant, was a mistake for Rs. In the said applications the facts which were admitted and or found by the Tribunal and which were necessary for drawing up a statement of the case were stated as under Regarding items of Rs. Appeal by special leave from the judgment and order dated September 23, 1955, of the Bombay High Court in Income tax Reference No. This Court decided that appeal and the companypanion appeal The Commissioner of Income tax, Bombay South v. Messrs. Ogale Glass Works Ltd. 2 on April 17, 1954.
and the said Reference Applications were thereafter heard and decided by the Tribunal on November 3, 1954. In spite of the said decisions, the Revenue did number urge before the Tribunal that the said aspect of the matter should in the present case also be referred to the High Court for its decision and the Reference applications were heard on the materials which were on the record before the Tribunal when it made its orders dated July 17, 1952. As regards items of Rs. This appeal with special leave arises out of a judgment and order of the High Court of Judicature at Bombay dated September 23, 1955, delivered in Income Tax Reference No. On the materials as they stood on the record then, the Tribunal drew up on November 5, 1952, a statement of case in which all the facts and events above referred to were set out. The receipt of money according to the Appellate,.,
Assistant Commissioner, took place on actual payments by the drawee Banks and he therefore held that the said amounts were taxable under s. 4 1 a of the Act. It is number the Departments case that the assessee companypany has a registered office elsewhere. and it was only based on the facts admitted and or found by the Tribunal which had relevance only to that question and number to the question which was sought to be mooted by the High Court in its judgment under appeal. N. Sanyal, Additional Solicitor General of India, N. Rajagopala Sastri and D. Gupta, for the respondent. 19 of 1955. 2 1955 1 S.C.R. In view of the fact however that an appeal had been filed 1 1952 21 I.T.R. The Judgment of the Court was delivered by BHAGWATIJ. J. Kolah and I. N. Shroff for the appellant. 547. CIVIL APPELLATE JURISDICTION Civil Appeal No. A further appeal was taken by the appellant. 50 of 1957. May 12.
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1959_18.txt
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Boxes used for packing. Boxes also known as cardboard box or companyrugated box used for packing. 1.8.1985 and the provision with regard to number inclusion of sale price on account of sale of packing materials in the taxable turnover was deleted. As numbered above, appellant applied for inclusion of all kinds of packing materials including packing materials made out of paper in the registration certificate against companyumn number13. Reference was made to Section 21 of the Act which deals with taxable turnover and though sale of packing material for packing of goods used by the dealer prior to 1.8.1985 was exempted from payment of sales tax, the position was altered after 1.8.1985. Earlier packing material were exempted from sales tax as its sale price was number included in the taxable turnover as defined under Section 21 1 c of the Act. The appellant had also applied to the Deputy Commissioner, Commercial Tax, Patna city, Patna praying for inclusion of packing materials made out of paper in companyumn 13 of the Registration Certificate. While other packing materials companytinued to enjoy the benefit of companycessional rates as provided under Section 13 1 e of the Act, the same is number the case with those articles which are companyered by the numberification. The Deputy Commissioner by order dated 31.3.2002 accepted the prayer so far as it relates to packing materials such as plastics and polybags, gunny bags, gum tapes and adhesives, companyplaint slips, tin companytainers and pouches but rejected the prayer for including packing materials made out of paper, such as cartons, companyrugated boxes etc. 1.8.1985 did number render it inapplicable. Section 13 1 of the Act was amended by adding Clause e which provided for companycessional rate of tax with regard to sale and purchase by registered dealer of goods specified in the registration certificate issued under Section 14 of the Act, as required by him in or for packing of goods which he sells. By the said numberification paper and other materials made out of paper were excluded from the operation of Section 13 of the Act. The benefit of the companycessional rate was given under Section 13 1 of the Act. 154, dated 28.1.1985 issued under proviso to Section 13 1 of the Bihar Finance Act, 1981 in short the Act in relation to sale and purchase of packing materials, is applicable to the appellant, and Section 13 1 e of the Act inserted by Bihar Finance Amendment Act, 1985 in short Amendment Act w.e.f. According to it, Parle Products Limited was its predecessor who was given benefit of companycessional rate of sale tax of 4 on purchase of C.B. However, it has been denied the benefit and has been asked to pay sales tax 10 on purchase of C.B. Accordingly, numberification dated 28.1.1985 amending earlier numberification dated 26.12.1977 was issued. The same was denied by the Deputy Commissioner by order dated 7.4.2003. Appellant thereafter filed application for inclusion of said items which was rejected, as numbered above, by order dated 7.4.2003. 1.4.2002. The said provision was amended w.e.f. ARIJIT PASAYAT, J. Appellant hereinafter referred to as dealer calls in question legality of the judgment rendered by Division Bench of the Patna High Court holding that numberification S.O. Appellant filed writ petition before the Patna High Court highlighting that its predecessor was granted companycession.
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2004_1052.txt
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PW 3 and PW 4 are the other material witnesses. Then PW 5 gave a warning and the accused surrendered and from them several arms and other explosives were recovered. The charges under the above Sections were framed and in support of its case the prosecution examined PW 1 to PW 6. The evidence for the prosecution mainly companysists of the persons who companyducted the raid namely PW 1 and PW 5, PW 2 the owner of the premises, having supported the prosecution in his earlier statement, turned hostile. On 12.1.1986 in the early hours the Inspector of police, PW 5, on receiving credible information that A 1, who had gone underground, is organising his party to companymit terrorist acts and disruptive activities in a house rented by A 3 at Burhanpuram locality, raided the premises. The learned Designated Judge accepting the evidence of PWs 1, 3 and 5 reached the companyclusion that during the raid the police recovered the fire arms and explosive substance from the possession of the appellants. A l was in possession of loaded revolver, A 2 was in possession of one hand grenade, A 3 to A 5 were in possession of companyntry made bombs. After obtaining the sanction from the District Collector, under Section 8 of the Explosive Substances Act and Section 25 1 a of the Indian Arms Act, the charge sheet was laid. Observing that the appellants have been surrounded by the police party, A 1 to A 5, who were in the house, hurled a bomb with a view to kill the police. Punchanama was duly prepared in the presence of panch witnesses. A l is also companyvicted and sentenced to two years imprisonment for the offences under Section 25 1 a of the Indian Arms Act. This appeal is filed under Section 16 of the Terrorist and Disruptive Activities Prevention Act, 1985 for short Tata against the judgment of the Designated Court, Khammam. During the investigation it was established that the premises was taken on lease by A 3 and the other four accused A 1, A 2 and A 4 and A 5 were residing therein. The accused when examined under Section 313 denied the case. The prosecution case is as follows. These appellants along with another accused A 3 were tried for the above said offence. The First Information Report was lodged and a case was duly registered in the above said offences. and they were involved in number of cases.
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1991_22.txt
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1990 of the Central Administrative Tribunal, Delhi in R.A. No. Consequently, status quo ante as in regard to applicant being under suspension will companytinue from 10.1.1978. On January 10, 1976 his services were terminated under Rule 5 1 of the Central Civil Services Temporary Service Rules, 1965. This appeal is from an order of the Central Administrative Tribunal, New Delhi and companycerns with the scope of Rule 10 4 of the Central Civil Service CCA Rules, 1965 the Rules The facts leading to the appeal are these The appellant was a cash clerk in the establishment of Delhi Milk Scheme, New Delhi. The order of suspension was made on March 27, 1976 under Rule 10 2 of the Rules. The suit was transferred to the Central Administrative Tribunal for disposal. 117/88 in A. 1978 and shall companytinue to remain under suspension until further orders. Pending investigation of the criminal case, he was placed under suspension. The Tribunal has, by its judgment dated September 5, 1988 set aside the termination order with the following companyditions The impugned order of termination dated 10.1.1978 is quashed. On January 5, 1981 the appellant filed a civil suit in the District Court, New Delhi, challenging the order of termination of his services. D. Jain, Kailash Vasudev, Ms. Sushma Suri and S.N. 1821 of 1991. General Manager A After holding the enquiry the appellant was again dis missed from service. Baldev Chand Disciplinary Authority Dy. There was some criminal case companynected with the forgery of a cheque in which the appellant was arrayed as an accused. Terdal for the Respondents. P. Saxena and Mukul Gupta for the Appellant. 351 of 1986. It is said that the dismissal has been challenged by the appellant before the Tribunal. On March 7, 1980, the appellant was acquitted in the criminal case. The Judgment of the Court was delivered by JAGANNATHA SHETTY, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. That order was made on December 1, 1989. From the Judgment and Order dated 17 4. No.
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1991_261.txt
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Subsequently the appellant was declared a sick companypany by the BIFR. The companypany also applied to the BIFR as it had become sick. The BIFR had also issued directions to the companypany to reduce its manpower in order to try to revive the companypany, but despite this situation the union started pressing and agitating for regularization of the aforesaid ten companycerned daily rated employees. As against 1049 sanctioned posts, there were already 1299 employees working in the companypany at the relevant time. The present dispute relates to the ten companycerned employees who were appointed as casual workers on daily rate basis for the reason that they were dependants of employees dying in harness. Such appointments were made by the appellant due to the persistent and prolonged agitation by the trade union since the appellant wanted to maintain industrial harmony, although there was numberrule policy for such companypassionate appointment in the service of the appellant companypany, which was already over staffed. The High Court further directed that the workmen in question should be paid wages like the regular employees performing the work and duties in the appellant company. Since the appellant was already over staffed in all its departments, the said persons were given work in the nature of cleaning window panes, sweeping floors and such sundry jobs on companytract basis which work was number the work of the regular employees of the appellant company. The aforesaid ten persons were paid wages according to the rates of daily wages, declared by the State Government from time to time, as agreed with the union. The failure of talks between the companypany and the union led to the reference of a dispute under the Industrial Disputes Act before the Labour Court in the year 1992 in the following terms Whether the action of the employer in number regularizing 22 workmen and number granting them wage scales and other benefits given to the regular employees is unjustified and or illegal Before the Labour Court, only 10 out of the 22 workmen appeared and filed written statement and therefore the award was passed only in respect of the said ten persons. No.3360 of 2001. From the year 1986 the financial position of the appellant companypany became critical as it was running on huge losses and hence its companyporate office issued stop ban order, banning any fresh recruitment appointments. By that Judgment the High Court has modified the award of the Labour Court, U.P., Dehradun, to the extent that the workmen, in whose favour the award had been made, were allowed to be companytinued in the service of the appellant employer till their superannuation, and if their services were number required they should number be terminated except in accordance with Industrial Law. In the writ petition filed by the appellant challenging the said award, the High Court upheld the companytention of the appellant that the respondents were number entitled to regularization in view of the well settled law laid down by this Honble Court in the case of Madhyamik Shiksha Parishad, U.P. vs. Anil Kumar Mishra Ors. Arising out of Special Leave Petition Civil No.3862 of 2006 MARKANDEY KATJU, J. This appeal has been filed against the impugned judgment and order dated 30.9.2005 passed by the Uttaranchal High Court in W.P. We have heard the learned companynsel for the parties and perused the record. Leave granted.
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2006_652.txt
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Thereafter the respondent Naresh Yadav took the Pasuli from Lakhandeo Yadav and decapitated Mukhiya Keshari Nandan and kept his head in a bag. He also saw the headless body of Keshari Nandan in the jeep. None of them, apart from the informant PW 9 claimed to have seen respondent Naresh Yadav decapitating Mukhiya Keshari Nandan. In particular he mentioned that Lakhandeo Yadav was armed with a Pasuli sickle . 313 of 1988 preferred by Lakhandeo Yadav Criminal Appeal No. The case of the prosecution is that Keshari Nandan Singh was the Mukhiya of Gandhar Gram Panchayat and was also a member of the Congress Party. The evidence also disclosed that though an allegation had been made that one of the accused had taken away the licensed revolver of Mukhiya Keshari Nandan after the occurrence, PW 9 in the companyrse of his deposition had to admit that the licensed revolver of Mukhiya Keshari Nandan was found under his pillow during investigation. There is a reference to respondent Lakhandeo being apprehended at the spot by the villagers. It was further submitted on behalf of the defence that all the alleged eye witnesses belonged to the same caste, namely the caste of Mukhiya Keshari Nandan. But it appears that Lakhandeo had companye to the place of occurrence later and was surrounded by the villagers and assaulted by them at about 10.00 a.m. The defence of Lakhandeo was that one of the victims Rama Nand Yadav was his companysin as well as companybrother. He also saw the jeep standing in the field towards numberth of the place of occurrence. Coming to know about the occurrence he had rushed to the place of occurrence to know about his companysin and companybrother and there he was apprehended by the villagers who had assembled there and who assaulted him. At about 9.00 a.m. PW 9, Bachhu Narain Singh came to him and informed him that he was the brother of deceased Keshari Nandan and wanted to make a statement. A shot fired by respondent Naresh Yadav struck the head of Mukhiya Keshari Nadan who was driving the jeep and as a result he lost companytrol over the vehicle which came and fell in a field towards the numberth of the road. The culprits ran towards numberth except Lakhandeo Yadav, who after running towards numberth turned towards east and was apprehended by the villagers companying from village Gandhar. He also found that the defence of Lakhandeo that he was number caught while running away from the place of occurrence but when he came to the place of occurrence much later on companying to know that his companysin was also one of the victims was true. When the vehicle reached near the Dhamapur More the mob rushed towards the jeep and resorted to firing. It was also alleged that one of the respondents took the licensed rifle of Mukhiya Keshari Nandan while another respondent took the service revolver of his personal security officer. He was there at the spot preparing inquest reports between 7.30 a.m. and 8.45 a.m. and yet numberone claimed before him to be an eye witness. He alongwith Deputy Superintendent of Police and the Inspector of Police, who had reached the place of occurrence by then rushed to the dalan of respondent Naresh Yadav and found that the roof of the dalan had been set on fire. He prepared inquest reports between 7.30 a.m. and 8.45 a.m. but numberone approached him claiming to be an eye witness. After reaching the place of occurrence he started preparing the inquest reports relating to the dead bodies. He had prepared five inquest reports between 7.30 a.m. and 8.45 a.m. PW 1, who at the trial claimed to be an eye witness, signed as a witness on the inquest reports. There was a companymotion while he was preparing the inquest reports and he learnt that the hut of respondent Naresh Yadav had been set on fire in Gulgulia Tola. Moreover numbere of them was examined by the investigating officer on the date of occurrence. 332 of 1988 preferred by Shiba Yadav and Criminal Appeal No. After numbericing the evidence of the alleged eye witnesses and the investigating officer, PW 12, he came to the companyclusion that Fardbeyan appears to have been lodged within 2 hours of the occurrence, but there is numberplausible explanation as to why the report was number lodged by any of the eye witnesses after the investigating officer had reached the place of occurrence at 7.20 a.m. when his jeep reached a point known as Dhamapur More on the Jehanabad Ekangar Sarai road about 5 kms. That apart, numbere of them was examined by the investigating officer on the date of occurrence. According to him by about 8.50 a.m. the crowd which had assembled had become restless and they were preventing the police from removing the dead bodies from the place of occurrence. At about that time two political leaders one a Member of the Rajya Sabha and the other a Member of the Legislative Assembly belonging to the same caste as the deceased Keshari Nandan Singh came and pacified the mob. The case of the defence is that the prosecution witnesses were got up witnesses who had number witnessed the actual occurrence. Respondents Deva and Lakhandeo were sentenced to six months rigorous imprisonment under Section 147 IPC. PW 12 Tufail Ahmad officer incharge Ghosi police station who had reached the place of occurrence at about 7.20 a.m. investigated the case and ultimately submitted the charge sheet against 13 respondents herein. On reaching the place of occurrence he found that there was a large crowd which had assembled and there were six dead bodies lying there. According to the prosecution ten of the witnesses had witnessed the occurrence including PWs. We shall first of all numberice the evidence of PW 12 Tufail Ahmad, the investigating officer, who had received an oral information at about 7.00 a.m. on April 19, 1985 that firing was going on near Dhamapur culvert, and he reached the place of occurrence at 7.20 a.m. with police force. According to the first information report lodged by PW 9, while he was proceeding towards his pump house and was near the place of occurrence he had numbericed the presence of 40 or 50 people including respondents 1 to 13 herein variously armed near the house of respondent Naresh Yadav. The members of the mob companytinued firing at the occupants of the jeep who were trying to escape. Relying upon the evidence adduced at the trial by the prosecution itself it was companytended that numbere of the persons present at the place of occurrence claimed to be an eye witness when the officer incharge of the Ghosi police station came there at 7.20 a.m. He happens to be the younger brother of one of the deceased Keshri Nandan Singh. He also examined two police officers DW 4 and DW 5, who were present at the place of occurrence in support of his defence. He was also practicing as an Advocate at Jehanabad. He, therefore, recorded the statement of PW 9 at 9.00 a.m. which was marked as Ext. Singh to call for the fire brigade and take further action he came to the place of occurrence and sat under a tree. It was only at 9.00 a.m. that PW 9 came to him and stated that he wanted to make a statement which he promptly recorded. He numbericed his brothers jeep companying from the eastern direction and proceeding towards the west on way to Jehanabad. He was informed that two of the injured had been removed to the Jehanabad hospital. On April 19, 1985 while he was proceeding to the Jehanabad Court in a jeep driven by him accompanied by seven other persons including his personal security officer, his jeep was attacked by a group of persons who were variously armed with guns, rifles, Pasuli etc. The case of the prosecution is that a shot fired by respondent Naresh Yadav hit him as a result of which the vehicle went out of companytrol and landed in an agricultural field which was at a slightly lower level than the road. The firing took place for about 20 25 minutes which attracted some of the villagers from village Gandhar. All the respondents except Deva and Lakhandeo were also found guilty of the offence under Sections 148 IPC and Section 27 of the Arms Act and sentenced to rigorous imprisonment for one year. He was apprehended by the mob but was got released from their clutches by the police officers there. The trial companyrt by its judgment and order dated June 6, 1988 found respondent Naresh Yadav guilty of the offence punishable under Section 302 IPC and sentenced him to imprisonment for life. Six of the occupants of the jeep died on the spot while two of them succumbed to their injuries in the hospital. The case of the prosecution is that the two injured victims were removed to the Jehanabad hospital where they succumbed to their injuries. The occurrence took place early in the morning and the carnage was the handi work of the extremists and terrorists who have been very active in the area in question. However, he did number attach much importance to this delay since he was satisfied that the information was given by PW 9 to the investigating officer at 9.00 a.m. As regards motive he found that though numbersuch motive was mentioned in the Fardbeyan, Ext.4, there was an allegation made by PW 9 in his deposition that the residents of village Dhamapur, including the respondents, were supporters of Communist Party candidate who had lost the Assembly Election held in March. Two political figures belonging to the Congress Party came to the place of occurrence and it appears that only thereafter a false case was companycocted against the respondents since the culprits were unknown and since the respondents were number the supporters of the Congress Party but had supported the Communist candidate in the elections to the Legislative Assembly held in the month of March. The prosecution relied upon the testimony of the alleged eye witnesses in support of its case. 1969, 1970 and 1971 of 1996 have been preferred by Bachhu Narain Singh, informant who was examined as PW 9 before the trial companyrt. This only indicated that the first information report was companycocted later after deliberations. The occupants of the vehicle tried to escape but they were fired upon by the members of the mob as a result of which six of them died at the spot while two of them were seriously injured. Some were examined on the following day and some still later and one of them, PW 8, was number at all examined in the companyrse of investigation. State of Bihar Vs.
Naresh Yadav and others P. SINGH In these appeals the appellants impugn the companymon judgment and order of the High Court of Judicature for Patna in Criminal Appeal Nos. from the police station. 313 of 1988, 332 of 1988 and 318 of 1988 whereby the High Court acquitted respondents 1 to 13 of the charges variously levelled against them under Sections 302, 302/149, 379, 148 and 147 of the IPC and Section 27 of the Arms Act. P. Sinha, J. in a very well companysidered judgment has critically scrutinized the testimony of the alleged eye witnesses. Respondents 2 to 13 were found guilty of the offence punishable under Section 302/149 IPC and were also sentenced to imprisonment for life. They also pointed out the discrepancies in the statements of the witnesses recorded in the companyrse of investigation and their depositions in companyrts. The post mortem examination on the dead bodies of the deceased companyducted by PW 13 Dr. Mithlesh Kumar Singh revealed that they had died homicidal death. It was also found that though the first information report was registered on April 19, 1985 but first order recorded in the companycerned G.R. Some of them were examined one or two days later and one of them was number examined at all in the companyrse of investigation. They were armed with rifles, guns and other weapons. The Special Report was also seen by the jurisdictional Magistrate for the first time on April 22, 1985. The mere fact that there was some political rivalry between followers of the Congress Party and the Communist Party, was number a good enough reason for them to companymit such a gruesome crime. 4 on the basis of which formal first information report Ext. 318 of 1988 preferred by the remaining eleven accused. Criminal Appeal Nos. 5 was drawn up at the police station. The post mortem reports were exhibited at the trial as exhibit 6 series. 57/86 8/86. He searched for the respondents but they were number found. 1, 2, 3, 5, 6, 8 and 9. The respondents had numbermotive to companymit such a gruesome crime taking the lives of as many as eight persons. Chattopadhyaya, J. was of the view that the appeals had numbermerit and ought to be dismissed. case record is dated April 22, 1985. Respondents 1 to 13 were put up for trial before the Second Additional Sessions Judge, Gaya in Sessions Case No. Three appeals were preferred against the judgment and order of the trial companyrt, namely, Criminal Appeal No. The third Judge, after hearing the matter at length by his judgment and order of December 22, 1995 agreed with the view of S. Rao, J. and allowing the appeals acquitted respondents 1 to 13 of all the charges levelled against them. In view of the difference of opinion the matter was placed before D.P Sinha, J. in view of the provisions of Section 392 of the Code of Criminal Procedure. 256, 257 and 258 of 1997 have been preferred by the State of Bihar against the acquittal of the aforesaid respondents by the impugned judgment and order. After deputing Sub Inspector N.K. These appeals were initially heard by a Division Bench of the High Court but the learned Judges differed in their opinion while S. Rao, J. was of the view that the appeals ought to be allowed and the respondents acquitted, S.K. 4, 7 and 11 were tendered for cross examination at the trial. Some other facts may be numbericed at this stage. The appellants have impugned the aforesaid judgment and order of the High Court by special leave.
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2003_877.txt
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Winky Dilawari Anr. THE 3RD DAY OF SEPTEMBER, 1996 Present Honble Mr.Justice K.Ramaswamy Honble Mr.Justice Faizan Uddin V.Sehgal, Sr.
A.T.M.Sampath, Ms.Monica Gosain, Advs.,
with him for the appellants. C.Agrawala, Adv. 2071/92 on August 2, 1993. for the Respondent O R D E R The following order of the Court was delivered Smt.
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1996_1133.txt
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Steel produces acidic vapours when melted at such a high temperature. Ramming Mass, fibre glass and filter mesh are processes in which chemicals are used to line the furnaces to neutralise the effect of acidic vapours produced during the companyrse of melting steel. To companytain the vapour and neutralise them, chemicals like dolomite or magnesite are used during the companyrse of manufacturing process. 443/2002, 2128/1997, 968/2003, 1122/2003 1810/2003 ARUN KUMAR, J. These appeals are directed against the judgment of the Karnataka High Court while answering a Reference made under Section 35 G of the Central Excise and Salt Act, 1944. J U D M E N T With Civil Appeals Nos.
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2003_343.txt
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In 1991 a proposal for the revival of JUL came up before the BIFR. Against the winding up order passed by the BIFR, JUL filed Appeal No.22 of 2001 before the AAIFR. The scheme stipulated that GDCL would take over of the management of JUL from its erstwhile promoters. Under the sanctioned scheme GDCL was to take over JUL, for its revival, along with all assets and liabilities. The settlement between the appellant union and JUL gave rise to a chorus of protests by other sections of workers who alleged that the settlement was fraudulent, companylusive and a sell out to the management of JUL. But as numbered above, during the pendency of the SLP the petitioner Sangh entered into an agreement with JUL GDCL. JUL was incorporated in May 1948 as a private limited companypany. The liability of JUL was restructured and after substantial wavers the restructured liabilities of Rs.53.86 crores were rescheduled for payment. On August 3, 2001, the AAIFR directed the appellant JUL to deposit an amount of Rs.10 crores as the companydition precedent for admission of the appeal. The companypany JUL had also employed, on an average, 150 workers on casual basis and 200 workers on companytract basis. The BIFR left it open to the many creditors of JUL to file suits before the appropriate companyrts DRT for recovery of their dues and to take further steps in that companynection as it had companyfirmed its opinion for winding up the companypany JUL. JUL challenged the interim order passed by the AAIFR before the Rajasthan High Court and from this stage the matter becomes somewhat companyfused and murky. After some initial attempts at the revival rehabilitation of JUL failed, another companypany M s.Gannon Dunkerley Company Ltd. GDCL came on the scene. Annexure 5 passed by AAIFR in Appeal 22/2001. And in those circumstances the AAIFR proceeded to dispose of the appeal on merits. GDCL was the main party to the revival plan. Later on, in the proceedings both the BIFR and the AAIFR had the occasion to companyment that in order to make the revival of JUL possible under SS 92 the employees had made great sacrifices and had settled for the much smaller amount of only Rs.3 crores payable in three installments in place of Rs.12.41 crores being their lawful dues. Further, the companypany had number renewed their MOU with the workers. Finally, the BIFR passed the order, dated November 24, 2000, giving direction for the winding up of JUL with a number of ancillary directions. The AAIFR did number accept the certificate and asked the companynsel to make submissions. In S.B.Civil Writ Petition No.4380/2001 filed by JUL the prayers were made in the following manner a pass a writ, order or direction in the nature of mandamus, to quash the impugned order of the AAIFR dated 3.8.2001 in Appeal No.22 of 2001 Pass a writ, order or direction to call for a summon the records of the case from the AAIFR BIFR of Reference No.17, 1987 c xxx xxx xxx xxx d xxx xxx xxx xxx The writ petition was taken up before the High Court on September 4, 2001 and the order of the High Court was recorded in the follows terms Heard. On that date, on behalf of JUL a prayer was made for adjournment on the plea that further proceedings in the appeal were stayed by the High Court. Two days later on November 6, 2001, the appeal was fixed for hearing before the AAIFR. On August 26, 2006, while the Special Leave Petition giving rise to the appeal was pending before the Court, the appellant workers union entered into a bipartite agreement with respondent No.1, M s.Jaipur Udyog Limited JUL in purported settlement of the dues of the workers employees at Sawai Madhopur, Phallodi Quarries, Jaipur, Delhi and Chandigarh offices represented by the Sangh. An amount of Rs.3 crores out of the numberlien deposit of Rs.10 crores shall be utilized for part payment of the terminal benefits to the retired workers. The companyt of the scheme SS 92 was Rs.38.41 crores, out of which Rs.18.12 was to companye from the promoters GDCL as companytribution unsecured loans, Rs.10 crores by sale of assets and the remaining Rs.10.29 crores by sales tax deferment. The order passed by the High Court was brought before this Court in appeal by a workers union, namely, Cement Workers Karamchari Sangh. shall negotiate OTS terms with SBI and also companye to an understanding with Cement Works Karamchari Union CWKS about the settlement of the dues of the workers and make a deposit of Rs.10 crores Rs.5 cr in two weeks from today and Rs.5 crores in another two weeks in a numberlien account with SBI. A number of impleadment applications were filed vide I.A.Nos.9 10 of 2006, 12 of 2007 on behalf of different Unions claiming to represent the workmen of JUL at Jaipur and at Kanpur. In the scheme SS 92 it was stated that the strength of workers at the time of the closure of the unit was 3515, including 1030 workers employed in the quarry. It was also stated that an OTS proposal was pending with SBI. The appellant companypany and the CWKS shall immediately prepare a statement of the retired workers showing the terminal dues of each of them. The Cement Workers Karamchari Sangh, a workers union, sought to challenge the order passed by the High Court by filing this special leave petition before this Court. The BIFR sanctioned the revival scheme by order, dated July 21, 1992 and it was called SS 92. On December 4, 2006 when the Special Leave Petition was taken up the settlement was brought to the numberice of the Court and a joint prayer was made by the appellant and JUL that the dispute between the employees and the employer may be permitted to be settled in terms of the agreement and the AAFIR be directed to monitor the implementation of this settlement in letter and spirit. The AAIFR order that was set aside by the High Court had dismissed the appeal filed by M s.Jaipur Udyog Ltd., respondent No.1, and affirmed the order of its winding up passed by the Board for Industrial and Financial Reconstruction Bench II BIFR on November 24, 2000 in Case No.17 of 1987. The High Court took the view that the AAIFR had dismissed the appeal of respondent No.1 without giving it a reasonable opportunity of hearing and, accordingly, gave direction for fresh hearing of the matter. In the post lunch session, a lawyers certificate was produced stating that apart from staying operation of the order dated August 3, 2001, the High Court had in fact stayed further proceedings before the AAIFR. However, the representative of SBI present during the hearing categorically stated that the proposals submitted by the companypany for OTS of the banks dues were found unacceptable to the bank and as on date, numberproposal was pending with the bank. The workmen had given up three fourth of their dues in the hope and trust that the new promoter GDCL would start the unit and they would be able to keep their jobs. The PF department has dues against the companypany amounting to Rs.81 lakh. Failure to deposit the amount of Rs.10 crores, as stated above, will result in dismissal of this appeal. The ESI Corporation has dues against the companypany amounting to Rs.37,78,881/ VI. The appeal was based on the plea that the remand to the AAIFR would number serve any useful purpose but would lead to an unnecessary and unreasonable prolongation of the matter causing great prejudice and distress to the workers who had already suffered much due to number payment of their dues for a very long time. The Jaipur Vidyut Vitran Nigam Ltd. has dues against the companypany amounting to Rs.4549.28 lakh. So far as others are companycerned, the views of individual workers shall be ascertained. At that time the companypany had on its hands, apart from a number of very onerous financial liabilities, large bodies of workmen both at Sawai Madopur and at Kanpur. Emphasis added The High Court accordingly set aside both the interim and final orders passed by the AAIFR dated August 3, 2001 and September 6, 2001 and remitted the matter for a fresh decision on merits after providing an opportunity of hearing to all the parties who were impleaded in appeal and who had sought impleadment in the writ petition. On January 9, 1996, GDCL companymissioned the unit only to declare lock out seven months later on August 12, 1996. The Consultant for the companypany was also asked to submit their modified proposal, but numberupdated proposal was forthcoming, and he only indicated that their modified proposal submitted in May 1998 was still pending with IIBI MA . In order to meet the pressing liabilities, an amount of Rs.2.54 crores was marked for immediate disbursement. The appellant promoter Cannon Dunkerley Co.Ltd. The other Unions seeking impleadment in the proceedings before this Court raised strong objections to the settlement. The Bench further numbered that such an OTS proposal, if any, companyld have been companysidered by the Bench only if the companypany had obtained prior companysent of all companycerned parties, as required under Section 19 of SICA however, numbersuch companysents were obtained by the companypany. This appeal was filed against the order, dated August 2, 2004 by which a learned Single Judge of the Rajasthan High Court set aside both the interim and final orders, dated August 3 and September 6, 2001 passed by the Appellate Authority for Industrial and Financial Reconstruction, New Delhi AAIFR and remitted the matter to it for passing fresh order after giving an opportunity of hearing to all the companycerned parties. Thus the appeal at its inception appeared to present for companysideration the simple and limited issue as to whether the High Court was justified in taking the view that the order passed by the AAIFR was in breach of the principles of natural justice and for that reason remitting the proceeding to it. In the year 1955, it was companyverted into a public limited companypany. The Ghaziabad Development Authority had a decree against the companypany for a sum of Rs.60, 83,600/ and it was pending for execution before the Civil Judge, Ghaziabad. The Court, however, permitted the agreement to be implemented in terms of prayer b in the application I.A.No.8 of 2006 subject, of companyrse, to the rights of those Unions who had filed applications for impleadment and or had approached the Labour Commissioner against the settlement in question . On April 10, 2007, it was represented before the Court that a large number of employees had received payments in terms of the settlement. It took into companysideration the material facts and circumstances and came to hold as follows The workers and the secured creditors had expressed their loss of companyfidence in the management. In case, necessary materials and records are produced to justify the claim, Mr.Justice N.N.Mathur need number ascertain the views of those who have opted for settlement. It set up a cement factory at Sawai Madhopur for which the supply of raw material, i.e., limestone came from Phallodi Quarry at a distance of about 25 kms. It is stated by Mr.Mukul Rohtagi, learned senior companynsel that about 1700 employees have already accepted the settlement. A companyy of the agreement was brought on record as Annexure A to A.No.8 of 2006 filed in the Special Leave Petition on August 31, 2006. Notice be given Dasti apart from usual service. Their hope was, however, companypletely belied and the workmen were left in a very pathetic situation. Hence, the Court felt the need for some investigation on certain issues of facts and as agreed by the companynsel for the parties, appointed Mr. Justice N.N.Mathur, a former Judge of the Rajasthan High Court, to make an enquiry on points indicated in the order as follows How many of the employees have opted for settlement with respondent No.1 Company and or respondent No.7. As regards the companypanys objections, the Bench further numbered that the companypany had failed to submit their audited provisional balance sheet as on June 30, 2000, which would have enabled the Bench to appreciate the companyrect picture of the accounts at the time of the hearing. Notice of stay application be also issued, returnable within six weeks and be given Dasti apart from usual service. As requested by the Court, Mr.Justice Mathur made the enquiry and submitted his report dated August 9, 2007. It was alleged that the companymissioning was an eye wash and the promoters had numberintent to run the unit on a sustained basis. Shall agree for labour rationalization programme as would be implemented, with higher productivity numberms. Issue Notice. However, during the pendency of the proceeding before this Court certain developments took place that tend to somewhat shift the focus from the limited issue as indicated above. The cut off date for the restructuring of capital and liabilities was fixed as March 31, 1992. Pending service of numberice on the Respondents, there shall be stay of ex parte sic impugned order dated 3.8.2001. The companypanys representative had also number given any specific answer to the query regarding treatment of the liability on account of various decrees obtained by secured unsecured creditors. No repairs were made in the plant lying idle for a long time numberraw materials were brought and numbersupervising, managerial or technical staffs were engaged. Rule is made returnable within six weeks. The prayer was strongly opposed by the companynsel representing the State Bank of India and the other parties. CIVIL APPEAL NO 2076 OF 2008 SLP C NO.4088/2005 AFTAB ALAM, J. The IRBI was appointed as the monitoring agency. To companye on 6.9.2001. The claim made on behalf of the appellant and respondent No.1 was disputed by others. Admit. List thereafter along with companypliance report. Leave granted.
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2008_541.txt
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in the General Election held in 1978 and was defeated at the said election by S. Munishamappa, the Respondent No. Munishamappa has preferred an appeal against the order of the Learned Judge setting aside his election. The following is the appeal application written by me S. Munishamappa P.W.D. The case of Venkatarayappa, the defeated candidate who filed the election petition, was that this companytract which the appellant Munishamappa had entered into with the Government was subsisting at the date of Munishamappas filing the numberination paper for companytesting the assembly election. The case of Munishamappa, however, is that this companytract into which he had numberdoubt entered, was number subsisting at the time when he filed his numberination for the election. For reasons recorded in the judgment, the learned Judge set aside the election of Munishamappa, holding that Munishamappa had a subsisting companytract with the State Government at the date of filing his numberination paper and was, therefore, disqualified but the learned Judge refused to declare the Petitioner Venkatarayappa duly elected to the Assembly. Is the election of S. Munishamappa Respondent 5 void under Section 9A read with Section 100 1 a of the Representation of People Act, 1951 ? 4 in the Election Petition were the other candidates who had also companytested the said election and had been defeated. It is also the case of Munishamappa that he wrote a letter to the Engineer on the 25th of January, 1978 informing him that he had companypleted the work and asked him for settlement of his bills. On companysideration of the materials on record, the Learned Judge held that the companytract entered into by Munishamappa with the State Government on the 25th of March, 1976 was subsisting at the date of the filing of his numberination paper. In the said Election Petition filed by Venkatarayappa under Section 81 of Representation of the People Act, 1951 hereinafter referred to as the Act , the Petitioner had prayed for a declaration that the election of Munishamappa was void under Section 9A of the Act and also for a declaration under Section 100 1 a of the Act that the Petitioner had been duly elected to the Assembly from the said Constituency. It is the case of Munishamappa that he did number agree to such a proposal and he had asked the authorities companycerned to have the said items of work done by other companytractor and to settle his claims and finalise his bills. On the 28th January, 1978, the appellant Munishamappa, however, wrote another letter to the Executive Engineer which has been exhibited and marked as Exh. This judgment will dispose off both the appeals which arise out of the judgment and order passed by the High Court of Karnataka on the 7th of August, 1979 in an Election Petition filed by B. Venkatarayappa who was a candidate for election to the Karnataka State Legislative Assembly from Sidlaghatta Assembly Constituency. 5 disqualified in terms of Section 9A of the Representation of the People Act, 1951, from filing the numberination paper ? Venkatarayappa has also preferred an appeal against the order of the Learned Judge, refusing to declare him elected. Contractor, s o Somappa, resident of Village Aane Madugu, Hobli Billchatti, Taluk Shidlaghatta. It is necessary to set out this letter which reads as follows The Hnnble Executive Engineer, Public Works Department, Chikkaballapur Division. All the works to be executed under the said companytract except three items thereunder were done by November, 1977. 8107/ Collection of 40 MM Metal for approach road Rs. 5 in the said petition who was declared elected. on the 25th March, 1976. The three items of work which were number done were of the total value of Rs. approach slab Rs. Work orders were issued to the companytractor on the very same day day i.e. T. A. Kempegowda, Respondent No. 11,197.00 as per the following particulars R.C.C. 3, and G. Papanna the Respondent No. 2, Narayanappa Respondent No. 17 in the proceeding before the Learned Trial Judge. It may be numbered that this letter was number produced at the trial.
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1981_112.txt
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It is a companymercial establishment. 49,399.75 which was assessed under section 45 A of the Act for the period 11.7.85 to 313.88. from the date of starting of the establishment. Hence, in order to recover the companytribution under section 45 A of the Act, a claim in Form 19 was sent to the District Collector, Ernakulam on 31.10.88 requesting to recover the companytribution for the period from 11.7.85 to 31.3.88. 800 of 1990. In respect of those employees who had already left, the ESI Corporation is number trying to recover companytribution. Again, reminder was sent on 22.9.88. The Insurance Inspectors of the appellant verified the records of the respondent establishment on 29.9.87, 9.10.87 and 19.10 87. It was reported that the employment strength of the respondent establishment including Chembaka Restaurant and Mayuri Bar was more than 19 as on 17.7.85. The respondent was also called upon to start companypliance under the Act with effect from 11.7.85. In July, 1985 this establishment obtained a Bar licence whereupon a Bar was started. The adhoc assessment itself was made by the opposite party after the closure of the entire establishment. Therefore, it was treated as companyered under the Employees State Insurance Act, 1948 hereinafter referred to as the Act with effect from 11.7.85 provisionally. A Division Bench of the Kerala High Court by its order dated 18th December, 1990 posed the question for determination as to whether the appellant companyld proceed against respondent for realisation of companytribution under the ESI scheme, after the closure of establishment. Subsequently, a detailed order dated 3.8.88 under section 45 A of the Act was passed calling upon the respondent to pay a companytribution of Rs. 800/90 dated 18.12.90. The companytention that numberopportunity had been afforded before initiating the revenue recovery proceedings, was also denied in view of Form C 18 dated 23.6.88, show cause numberice dated 3.8.88 and reminder dated 22.9.88. By its order dated 6th June, 1990 the Employees Insurance Court, Alleppey came to the following companyclusion In the result, I can only uphold the assessment made by the ESI Corporation. That was number afforded. Hence, a numberice was issued in Form C 18 dated 26.3.88 along with a draft order for companytribution amount of Rs. judgment of the High Court of Kerala in M.F.A. The fact of companyerage was intimated to the respondent by numberice dated 21.3.88. From the Judgment and Order dated 18.12.1990 of the Kerala High Court in M.F.A. Since the final date of companyerage companyld be decided only after verifying all the records pertaining to the date of functioning of the establishment, the respondent was requested to produce all the records such as attendance register, wage register, ledgers etc. After running the business for some time it was closed down with effect from 31.3.88. Challenging these proceedings the respondent filed an application under section 75 of the Act before the Employees Insurance Court, Alleppey. Aggrieved by the same the appellant Corporation preferred an appeal in M.F.A. Francis, V. Subramanian and Padmakumar for the Appellant. The order was illegal because under section 45 A of the Act the respondent was entitled to a reasonable opportunity of being heard. 49,399.75 together with interest at 6 per cent, failing which it would be companyered as an arrears of land revenue. Though the respondent was afforded an opportunity to appear before the officer, it was number availed of However, a letter dated 13.7.88 was received but the explanations were number acceptable to the appellant. S. Poti and R. Sasiprabhu for the Respondent. It was incorrect to state that on numberoccasion the respondent employed 20 or more workmen since the inspection report dated 8.12.86 clearly established to the companytrary. The short facts leading to this appeal are as under The respondent Hotel is situated in Kaloor, Cochin 17. 1854 of 1992. L. Verma, V.J. But there was numbercompliance. But when the question of recovery is companysidered, certain other aspects cannot be ignored. Inter alia it was companytended that the applicant respondent in this appeal at numbertime employed 20 or more persons during the relevant time. These companytentions were refuted by the appellant. No reply was received. The Judgment of the Court was delivered by MOHAN, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. No. This appeal by special leave is directed against i.e.
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1993_18.txt
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Baharul Islam, J. This appeal by Special leave by the State of Gujarat hereinafter the appellant is directed against the judgment of the High Court of Gujarat dated 18th of June, 1980, quashing the order of detention passed by appellant under Section 3 1 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.
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1981_316.txt
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of Medicine experience. experience. Experience of Dr. R.N. Tandon I. Medicine College, Agra. 6 to the post of Professor in Medicine in State Government Medical Colleges. Gupta and Dr. N. Tandon were questioned only on one ground in that each of them did number satisfy the requisite teaching research experience. of Medicine in GSVM Medical College, Kanpur. Professor Professor Speciality in Medicine for Board of 5 years in a Internal Medicine Medical College USA or an after requisite equivalent post graduate qualification in qualification. The State Government accepted the recommendations of the Commission and appointed Dr. M. C. Gupta and Dr. R. N. Tandon as Professors of Medicine on 30th October 1974. teaching fellow, Dept. 357/77 and 1142 1143/78. 50 of the time spent in recognised research under the Indian Council of Medical Research or a University or a Medical College, after obtaining the requisite post graduate qualification be companynted towards teaching experience in the same or an allied subject provided that 50 of the teaching experience shall be the regular teaching experience. Professor of Medicine, State University of New York, at Buffalo USA. Professor Asst. As already stated above, the learned single Judge held that neither Dr. M. C. Gupta number Dr. R. N. Tandon had the requisite teaching experience and that neither of them was qualified for selection as Professor of Medicine and accordingly allowed the writ petition and quashed the selection. The teaching research experience claimed by each of the appellants may be set out and then the companyments of each side in respect of each item may be examined Experience of Dr. M. C. Gupta. The selection and appointment of Dr. M.C. 357/77 is preferred by Dr. M. Gupta and Civil Appeals Nos. It is number very clear what is the equivalent of a Fellow in teaching Hospitals in India but Dr. Tandon has also claimed teaching experience from 5th April 1968 to 4th July 1969, being posted as post doctoral research fellow, Department of Medicine in G. S. V. M. Medical College, Kanpur. Dr. Gupta also produced a certificate issued by Professor of Clinical Medicine, S. N. Medical College, Agra, which, inter alia, states that Dr. Gupta was associated from time to time with teaching and patient care in general medicine and he was also actively associated with teaching of post graduates in general medicine in the way of clinical companyferences, seminars, etc. of Medicine, State University of New York at Buffalo, USA. 232/75 was filed by Dr. R. N. Tandon, respondent No. 6, Dr. R. N. Tandon, was number quashed. III 5th April 1968 to 4th July 15 Months teaching 1969 Post doctoral research experience. 1st October 1965 to 31st One years teaching October, 1966 Post doctoral experience. IV by Dr. Tandon issued by Eugine I. Lippasch, Professor Administrative Associate Chairman of the Department of Medicine, State University of New York at Buffalo, dated 13th October 1966, in which it is stated that Dr. Tandon companypleted one year teaching fellowship in the Division of Cardiology of the Department of Medicine at the State University of New York at Buffalo and the Buffalo General Hospital on October 31, 1966. of Medical in GVSM Medical College, Kanpur. II July 71 upto the date of About 3 years, 2 appointment as Professor months teaching Reader in Medicine in S.N. The companytroversy in these appeals centres round the question of teaching research experience and the relevant regulation in this behalf may be extracted Post Academic Subject Teaching/ Qualification Research experience Professor M.D., M.R.C.P., Medicine b As Reader/ Associate F.R.C.P., Asst. They were in respect of the academic attainments, teaching research experience, upper age limit, etc. He was also incharge of beds in general medicine in Professors Unit in the leave vacancy. IV 29th July 1969 to 30th October Over 5 years teaching 1974 date of appointment as experience. 357/77 against that part of the judgment of the learned single Judge by which appointment of appellant Dr. M. C. Gupta and respondent No. The Commission invited applications for two posts of Professor of Medicine in the State Medical Colleges as per its advertisement dated 8th September 1973, subsequently extending the last date for receipt of applications to 30th March 1974, Dr. M. C. Gupta and Dr. R. Tandon referred to as the appellants along with Dr. K. Gupta, Dr. Brij Kishore and Dr. S. N. Aggarwal referred to as respondents 1, 2 and 3 , applied for the post. II 1st February, 1967 to 31st One years teaching 1968 As a Lecturer while experience. Rajiv Dutt and P. C. Kapur for R. 6 in CA 357/77. The Commission selected Dr. M. C. Gupta and Dr. R. N. Tandon for the two posts of Professor in Medicine and recommended their names to the State Government, Respondents 1, 2 and 3 who were also candidates for the post, presumably came to know about the recommendation and moved the High Court on 13th September 1974 by way of a writ petition questioning the selection. 233 of 1975 was preferred by the present appellant Dr. C. Gupta Special Appeal No. A numberice dated 24th October 1970 issued by the Department of Medicine, S. N. Medical College, Agra, was also brought to our numberice in which it was shown that Dr. Gupta was to be the Senior Physician on call on every Tuesday. 357/77 filed writ petition No. The appellate Bench partly allowed the appeals and while companyfirming the order quashing the selection of Dr. M. Gupta and Dr. R. N. Tandon, also quashed their appointment and remitted the matter to the Commission directing it to re examine the relative merits of all candidates in the light of the interpretation put upon the relevant regulations by the Court. The Commission was assisted by four medical experts in the matter of interview, selection and recommendation of suitable candidates satisfying the requisite qualifications for the post. General, M. V. Goswami and Rajiv Dutt for the Appellants in CA 1142 1143/78 and RR 4 and 5 in CA 357/77 K. Sen, S. C. Patel and Bishamber Lal for Respondent No. N. Sinha, Santosh Chatterjee, Vineet Kumar and P. P. Singh for the Appellant in CA 357/77. 25th January 1965 to 19th About 6 years and July 1971 Lecturer in Cardio 6 months teaching logy in the Dept. M. Tarkunde, S. C. Patel and Bishamber Lal for R. 2 in all appeals L. Sanghi, S. C. Patel and Bishamber Lal for R. 3 in all appeals. One may be engaged as a research scholar and holds numberteaching post. 5462/74 challenging the selection by U.P. Santosh Chatterjee and Vineet Kumar for R. 6 in CA 1142/78. Public Service Commission Commission for short and subsequent appointment by U.P. 1142 1143 of 1978 are preferred by the State of U.P. 264 of 1975 was preferred by the State of U.P. N. Kacker, Sol. The advertisement set out the prescribed qualifications for the post under Regulations made under s. 33 of the Indian Medical Council Act, 1956 Act for short . Regulation 4 of General Regulations provides as under 4. 233, 254 and 264 of 1975. Four appeals came to be preferred against the judgment quashing selections. By a companymon judgment in the appeals arising from the judgment of the learned single Judge, the appellate Bench companyfirmed the order quashing the selections and further quashed the order of appointment and remitted the matter to the Commission directing it to make fresh selection in companysonance with the interpretation put upon the relevant regulations by the Court. posted as Pool Officer Dept. 1, 2 and 3 in Civil Appeal No. 6 Special Appeal No. The petition was subsequently amended questioning the order of appointment. A learned single Judge of the High Court quashed the selec tions. He was also taking regular classes in clinical methods for third year and has also been called upon to teach them kidney diseases. 256 of 1975 was filed by respondents Nos. An ex parte interim stay restraining the Government from making the appointments was granted but sub sequently it was vacated. State Government of appellant and respondent No. The Judgment of the Court was delivered by DESAI, J. Respondents Nos. Special Appeal No. and Special Appeal No. Arising from this companymon judgment, three appeals by special leave are preferred to this Court. Civil Appeal No. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. There are further references in the certificate which we may ignore for the time being. To focus the attention on the companytention raised at the hearing of these appeals, a brief resume of facts would be advantageous. Appeals by Special Leave from the Judgment and Order dated 28 8 75 and 17 9 75 of the Allahabad High Court in Special Appeal Nos. These three appeals obviously were heard together and are being disposed of by this companymon judgment. the subject. The petition was admitted and rule nisi was issued. 1 in All the appeals. Three appeals are before us. I.
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1978_348.txt
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By an order dated 28.3.2007, the Rent Controller dismissed the application filed by the appellant under Section 18 of the East Punjab Urban Rent Restriction Act, 1949 for short, the Act for grant of leave to companytest the petition filed by the respondent under Section 13 B of the Act and directed him to handover vacant possession of the demised premises within one month. The appellant challenged that order in civil revision but companyld number persuade the High Court to set aside the order of the Rent Controller. Leave granted.
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2009_478.txt
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The landlord had instituted Civil Suit No. The suit was decreed on 3rd March, 2009 and the tenant was directed to deliver vacant possession of the suit property to the landlord. The tenant did number respond to the numberice and that led the landlord to file Civil Suit No. Civil Judge, Senior Division, Pune for vacant possession of the suit property being CTS Old 99 B Raviwar Peth, New 767 Budhwar Peth, Pune from the tenant. 207 of 2006 in the Court of the Small Causes Judge, Pune for eviction of the tenant. The tenant was given two months time to vacate the suit property. Feeling aggrieved, the tenant preferred Civil Appeal No. The Trial Court accepted the companytention of the landlord and passed a decree on 28th June, 2005 directing the tenant to hand over vacant possession of the suit property. The companytention of the landlord was that the suit property was open space let out to the tenants and that it was number protected by the Maharashtra Rent Control Act, 1999 for short the Act . 515 of 2005 before the Additional District Judge, Pune. The judgment and order passed by the appellate Court has attained finality since neither the tenant number the landlord has challenged it. Following up on the order passed by the Additional District Judge, the landlord issued a numberice to the tenant on 13th February, 2006 terminating the tenancy under Section 106 of the Transfer of Property Act, 1882. On the companytrary, the Corporation had sanctioned a development plan submitted by the landlord in respect of the suit property through a numberification issued on 5th January, 1987. Against the decision passed by the appellate Court the tenant preferred Writ Petition No. 433 of 2000 in the Court of the 5th Additional Small Cause Judge and Jt. 225 of 2009 before the District Judge but that was dismissed by judgment and order dated 19th January, 2012.
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2014_128.txt
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They are classified as Class III and Class IV employees who are being paid their daily wages in keeping with the minimum wages prescribed by the Government of Himachal Pradesh from time to time. They shall companytinue to be monthly rated employees, till they are appointed as work charged employees. On regularisation, they shall be put in the minimum of the time scale of pay applicable to the lowest companyresponding post companycerned under the Govt. In the event of any anomaly between the wages prescribed for the Monthly Rated Employees and that prescribed by the Govt. A scheme for Betterment Appointment Regularisation of Muster Roll Daily Wage Workers in Himachal Pradesh was prepared by the Government of Himachal Pradesh, the salient features whereof are reproduced hereinbelow Daily wage Muster Roll workers, whether skilled or unskilled, who have companypleted 10 years or more of companytinuous service with a minimum of 240 days in a calendar year as on 31.12.1991, will be treated as monthly rated employees, on a companysolidated fixed pay without any allowances, and an annual increment, as para 1 Annexure A. On appointment as work charged employees, they shall be put in the time scale of pay applicable to the companyresponding lowest grade in the Government. The appellants are employed on a daily wage basis in the Irrigation and Public Health Wings of the Himachal Pradesh Public Works Department. On 6th May, 2000, the State Government circulated a fresh policy on the regularisation of Daily Wage Contingent Paid workers which provided that eligible daily wage workers companytingent paid workers would be companysidered for regularisation against vacant posts or by creation of fresh posts with the prior approval of the Finance Department and that such regularisation in all cases would be with prospective effect. All those daily rated employees whether skilled or unskilled who had companypleted 10 years of companytinuous service with a minimum of 240 working days in a calendar year as on 31.12.1987, shall be appointed as work charged employees in a phased manner as soon as the stay orders of the Honble High Court of Himachal Pradesh is vacated. The daily rated workers, who would have companypleted 20 years of service as on 31.12.1992 shall be regularised w.e.f. from time to time under the Minimum Wages Act, 1948, the Monthly Rated Employees are entitled to wages, which are higher, at any point of time, in future. While companysidering the said betterment scheme, this Court modified the same by substituting the aforesaid paragraphs numbers 1 to 4 with the following paragraphs Daily wage Muster Roll Workers, whether skilled or unskilled, who have companypleted 10 years or more of companytinuous service with a minimum of 240 days in a calendar year on December 31, 1993, shall be appointed as work charged employees with effect from January 1, 1994 and shall be put in the time scale of pay applicable to the companyresponding lowest grade in the Government Daily wage Muster Roll Workers, whether skilled or unskilled, who have number companypleted 10 years of companytinuous service with a minimum of 240 days in a calendar year on December 31, 1993, shall be appointed as work charged employees with effect from the date they companyplete the said period of 10 years of service and on such appointed they shall be put in the time scale of pay applicable to the lowest grade in the Government. The appellants herein filed reply to the said applications companytending that the Government of Himachal Pradesh had formulated a policy for regularisation of daily wage workers in a phased manner subject to the availability of posts with prospective effect as envisaged in the policy published on 6th May, 2000. On regularization they shall be put in the minimum of the time scale payable to the companyresponding lowest grade applicable to the Government and would be entitled to all other benefits available to regular Government servants of the companyresponding grade. It was also stipulated that in future even in the Public Works Department and Irrigation and Public Health Department, regularisation bringing daily wagers on work charged category would also be with prospective effect as in other departments. servants of the companyresponding grade. Even while challenging the direction given by the Himachal Pradesh Administrative Tribunal on 23rd October, 2003, the State of Himachal Pradesh made out a case that the respondents were claiming regularisation of their services with effect from 1st April, 1998. On 25th May, 2004, the State of Himachal Pradesh filed a Writ Petition companytending that the regularisation policy dated 6th May, 2000, barred retrospective regularisation and accordingly prayed for quashing of the order passed by the Tribunal. In all the said writ petitions filed under Article 32 of the Constitution, the employees had claimed regularisation of their services as well as for payment of salary, allowances and other benefits as were being given to the regular employees on the principle of equal pay for equal work. They shall be entitled to annual increment for those months, in which they work for a minimum of 15 working days, per calendar month. In December 2001, the respondents in these appeals filed applications before the Himachal Pradesh Administrative Tribunal praying that the appellants herein be directed to give work charged status to the said respondents with effect from 1st April 1998 with all the benefits incidental thereto, such as back wages and seniority. By its order dated 23rd October, 2003, the Tribunal allowed the applications filed by the respondents herein on the basis of the judgment of this Court in the case of Mool Raj Upadhyaya and directed the appellants herein to grant work charged status to the respondents with effect from 1st January, 2000, with all companysequential benefits, without any further delay. Despite such direction given by the Tribunal, the appellants herein have regularised the services of the respondents with effect from 1st January, 2003. and would be entitled to all other benefits available to regular Govt. It was directed that the Scheme, as modified, was to be implemented with effect from 1st January, 1994 and if any excess amount had been received by the employees on the basis of interim orders passed by this Court, the same would number be required to be refunded by them. The High Court however, relying on the judgment of this Court in the case of Mool Raj Upadhyaya supra , dismissed the writ petition on the ground that there was numberdistinction between the facts canvassed in the writ petition and the factual position in Mool Raj Upadhyayas case. Arising out of SLP c No.5863/2006 WITH CIVIL APPEALS NOS.1043,1042,1041,1040,1039 and 1038/07 Arising out of SLP c Nos.3538, 3540, 3580, 3647, 3818 and 5766/2006 ALTAMAS KABIR, J. The aforesaid Scheme fell for the companysideration of this Court in the Writ Petition filed by Shri Mool Raj Upadhyaya which was heard along with several other writ petitions where the relief prayed for was similar. A number of the appellants have been employed in the aforesaid manner for more than ten years. 1.4.1993 on the basis of seniority cum suitability including physical fitness. Consequently, this Court by order dated 10th April, 2006 directed that all these matters be listed after judgment was pronounced in the said civil appeals. At the time when the Special Leave Petitions were listed for admission, it was brought to the numberice of this Court that the questions involved in these appeals were similar to those being companysidered by a Constitution Bench of this Court in Civil Appeal Nos. Leave granted in all the Special Leave Petitions. As the appellants in all these appeals are similarly placed, all the appeals will stand disposed of by this companymon judgment. It is against the said order of the High Court that these appeals by special leave have been filed.
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2007_141.txt
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By the Gift Deed of 1913, the grandfather of Suriaji and Gones had gifted one half right in property M to both Suriaji and Gones. Under the gift deed of 1913, executed by the grandfather of Suriaji and Gones, in their favour 1/4th of M was given to Suriaji and Gones. 1000/ by Gones to Suriaji was companydition precedent to effecting transfer of undivided shares in the two properties to Gones. In the year 1925 Suriaji and his wife Santibai gifted in favour of Gones the 1/4th of property M acquired by Suriaji from his grandfather under the gift deed dated 09.03.1913. A gift was made by Suriaji and his wife. The families of Gones and his brother Suriaji always lived companytinuously together. The further case of the plaintiffs is that half share of Gones in property M came to be sold in public auction in execution proceedings against Gones. Ramchandra in turn had two sons, namely, Suriaji and Gones. Property belonging to Gones came to be sold in 1937. It was found, inter alia, that Suriaji had admitted in document dated 21.01.1919 that 1/8th of property M and 1/4th of property B was purchased by him for Gones and Gones was to pay his companytribution, as indicated. By a deed of gift, dated 09.03.1913, Venctexa gifted half of the property of M to his grandsons, namely, Suriaji and Gones. The plaintiffs number 1 and 3 are sons of Gones. Thereafter, the one half share in property M and the whole of property B came to vest with the aunt fathers sister of Suriaji and Gones. After death of Gones, plaintiffs were number given their share. Defendants number 1 and 3 are the sons of Suriaji. In the said deed dated 21.01.1919 Suriaji admitted that the purchase of 1/4th in the property of M and half of property B by the sale deed dated 17.11.1915 was for self and for his brother Gones who paid half the price. This meant 1/4th right in property M and 1/2 right of B was sold to Suriaji. There was numbertime limit for Gones to exercise his option under the settlement deed. The present suit is filed based on the sale deed executed by the paternal aunt of Gones and her husband expressly in favour of Suriaji and his wife and the other branch. The wife of Vitol Porobo was Laxmi. In 1949 Gones proceeded to Daman on account of his employment. Gones was on the occasion of transfer to make reimbursement of the half of money paid by Suriaji to Laxmi towards the dowry account to his wife. In the said deed Suriaji and Gones appeared as parties on the one side representing the Venctexa branch and other branch of Vitol came to be represented by his wife Laxmi along with her four sons. Therefore, Suriaji and his wife Shantibai undertook to effect the transfer of registration in the name of Gones, half of the property purchased in his name at all time if so desired. 28 and 29 are entitled to 1/8th share in the property Mollans and 1/4th share in the property Bainguinim. Therefore, Gones became entitled to 1/8th of the property M and 1/4th of the property B as a result of purchase made under deed of sale dated 17.11.1915. The transfer by registration was only secure and guarantee rights and absence of Gones. Thus, it is pointed out after the gift deed dated 14.04.1925, Gones had 45 hectares. As per the deed of dissolution dated 21.01.1919, Gones would have been entitled to 19 hectares. 28 and 29 are entitled to 1/8th share in the property Mollans and 1/4th from the property Bainguinim and that the defendants 1 to 6 are holders of 3/8th and 1/4th share respectively and the share of the remaining defendants representing the branch of Vitol Porobo is one half each in the properties Mollans and Bainguinim. Thus, in 1925 in relation to suit properties, 1/4th of M and of B belonged to Shantibai, 1/4th of M and of B belonged to Laxmi and of M only belonged to Gones. If Gones was to exercise and enforce his rights under the deed dated 21.01.1919, he ought to have objected to the allotment of share. 1 to 6 in the said two properties being 3/8th and 1/4th respectively and the share of the remaining defendants of the Branch of Vitol Porobo being each in the suit properties. There is numberdispute that in 1937 the rights of Gones as acquired under the Gift Deed executed in his favour by his grandfather in 1913 and also the property acquired by him under the Gift Deed by his brother and sister in law in 1925 came to be sold in auction in execution of decree obtained against Gones. There is reference to inventory proceedings taking place on 07.05.1925 after the death of Suriaji and by order dated 16.12.1925, 1/4th of the property of M and of the property of B was companyfirmed and allotted to the widow of Suriaji, Smt. By the sale deed dated 17.11.1915 Suriaji and Laxmi, wife of Vitol, obtained 1/4th of M which is equivalent to 22.5 hectares and of B, which is equivalent to 15.5 hectares. The appellants claim one eighth share being one half of one fourth of property M companyveyed under a sale deed to Suriaji and his wife. However, by gift deed dated 14.04.1925, what was gifted was numberdoubt the 1/4th right of M acquired by Suriaji from his grandfather but which companysisted of 22.5 hectares. The appellants also claim one fourth share being one half of one half in property B companyveyed to Suriaji and his wife under the sale deed of 1915. The shares of the defendant Nos. It is in 1915 that the aunt along with her husband executed the sale deed companyveying the rights to Suriaji and to the other branch, viz.,
Under the same, the donors have gifted the rights obtained by Suriaji under the Gift Deed executed in his favour under the document of 1913 by his grandfather. In the year 1915, Piru along with her husband, by a deed of sale dated 17.11.1915, sold in equal parts the remaining half in the property M and the entire property B to Suriaji and Laxmi. As numbericed from the genealogy chart Venctexa Navelkars brother was Vitol Porobo. Defendant number 2 is the wife of 1st defendant. Venctexa Suria Porobo Navelkar was married to one Padmavati. The companytesting defendants denied the case of the plaintiffs that they have any right in the property. Defendant number. Defendant number 4 is the wife of 3 rd defendant. We may refer to following genealogy chart, which Signature Not Verified will facilitate better understanding of the issues Digitally signed by CHARANJEET KAUR Date 2019.08.21 165402 IST Reason involved ANNEXURE P 1 NAVELKAR FAMILY VINTECTEXA POROBO NALVELKAR VINTOLA POROBO NAVELKAR WIFE PADMAVATI PORBINI WIFE LAXIMI VINTOLA POROBO NAVELKAR SONS SON DAUGHTER BALAKRISHNA PORSHOTTAMA SRNIVAS NAGENDRA RAMACHANDRA PIRU ALIAS SOROSPATI POROBO NALVELKAR POININ GROUP P BRANCH OF VENKTEXA GROUP BRANCHES OF VITOL SON SON DF.7 TO DF.27 SURIAJI POROBO GONES POROBO NAVELKAR NAVELKAR WIFE PREMAWATI WIFE SHANTIBAI P1 P3 D28 PRABHAKAR PREMANAND SMT. The suit properties were enjoyed jointly at least until the deed of partition 1969. The plaintiffs prayer for partition in prayer d is allowed to the area of the land from the suit properties allotted to the branch of Vencatoxa Porobo, represented by defendants 1 to 6 under the Deed of partition dated 31.3.1969. The deed of partition was number entered into with the plaintiffs and defendants number 28 and 29 who were companysins. The 2nd plaintiff is the wife of the first plaintiff and the 4th plaintiff is the wife of the 3rd plaintiff. Defendant number 28 is the sister of plaintiff number. Thus, Gones had numberright in the properties B and M. After framing appropriate issues, the trial Court partly decreed the suit and a preliminary decree of partition was ordered to be directed to drawn up. For a decree to declare that the Deed of Partition dated 13.03.1969 executed by the companycerned defendants is null and void and number binding on the plaintiffs and for cancellation of the said deed For a decree against the defendant Nos. For a decree to partition the suit properties to separate the plaintiffs rights and shares in the proportion stated specifically herein above. Thereafter the following findings have been entered After recording of properties in the name of Shantibai, she and her heirs have enjoyed suit properties in exclusion to plaintiffs and supporting defendants openly. Defendant number 5 is the sister of the defendants number 1 and 3. The properties lie adjoining to each other. Expatiating the argument, it is pointed out that the extent of property M was approximately 90 hectares, property B companysisted of nearly 31 hectares. In the inventory proceedings, held upon the demise of Padmavati, wife of Venctexa, the remaining half of the property of M and the entire property of B was allotted to their daughter named Piru. Consequently the Deed of partition dated 31.3.1969 by which the two properties were divided by and between the companycerned defendants including the plaintiffs, defendants number 28 and 29, is declared null and void as such is liable to be cancelled. For a decree of permanent injunction to restrain the defendants in general and the defendant Nos. Defendants number 7 to 27 represent the branch of late Vitol. They had one son by name Ramchandra Porobo and a daughter by name Piru. 1 to 6 and the defendant Nos. 28 and 29 by directing resurvey in relation to the suit properties. Hence preliminary decree is passed for separation of the plaintiffs and defendants 28 ad 29 share of 1/8th in Mollans and 1/4th from Bainguinim to be demarcated with the help of Collector or any gazette subordinate of the Collector as provided under Sec. The following are the findings summarized by the Court Collective effect of the pleadings and evidence can be summarized as follows Recognition of share of Gonesh is done in the document dated 21.1.1919 In spite of recognition or acknowledgment of share of Gonesh, the property is given to Shantibai, wife of Suryaji, which was the only share remaining with the family of Suryaji and Gonesh, in the background the auction of share owned by Gonesh in the property MOLLANS. In the said execution sale 1/4th of the said half was purchased by defendants number 1,3 and 5 and the remaining 1/4th was purchased by the sons of Laxmi and deceased father of defendants number 7, 20, 23 and 25 respectively. It was incumbent on the defendants to produce the inventory proceedings. Later on a deed styled as a deed of dissolution of accounts, payments and obligation came to be executed on 21.01.1919. 1, 3 and 5 jointly and severally, to pay to the plaintiffs their share of income in proportion to their share of income in proportion to their aforementioned right in the suit properties since 1979, the share which the said defendants have numberright to retain with them. The defendants 1 to 6 are permanently restrained from dealing with and or disposing in any manner any further portion of properties delineated as C, B F in Deed of Partition dated 31.3.1969 and the companyresponding survey numbers thereto viz. 7 to 27 are drawn from the other branch of the Navelkar family. The gift deed came to be executed in due performance of the acknowledgment. The defendants as numbered by the trial Court can be classified in four groups, one group companysisted of defendants number 1, 2, 30 and 31, second group companysisted of defendants number 3 to 6, third group companysisted of defendants number 7 to 27 and fourth group companysisted of defendants number 28 and 29. 1 and 3 and 29 th defendant is her husband. Accordingly, they filed a suit for following relief For a decree to declare that the plaintiffs together with the defendant Nos. B admeasures 31 hectares approximately . Together they companystitute the plaint schedule properties. There exist two properties known as Mallons hereinafter referred to as M and Bainguinim hereinafter referred to as B situated in the village of Bainguinim in Goa. The appellants are the plaintiffs. The companysideration was acknowledged as paid in the settlement deed dated 17.11.1915. He used to get his share from the suit property until his death which took place in December 1978. JAISHREE HUSBAND VISHNU KAMAT D29 D3 D5 ANDRA SHARADCHANDRA VENCTEXA As can be numbericed, the litigation companycerns the properties of the Navelkar family. This meant both of them obtained 22.5 hectares each. For a decree to rectify the survey records to include their names together with the names of defendant Nos. They came to know for the first time about the partition deed dated 13.03.1969 and found that the plaintiffs and other companyowners are excluded. 17/1, 27/1, 25/1, 23/1 and 24/1. As far as the companydition of settlement deed dated 21.01.1919, it is companytended that the payment of Rs. There is reference to proclamation of sale by the Assistant Registrar informing bidders in respect of portion of suit properties. The actual decretal portion reads as follows The suit is partly decreed, whereby it is held and declared that the plaintiffs together with defendants No. Thus on the aggregate an extent of 38 hectares formed the subject matter of sale deed. Annual income from the property in or about 1940 hardly exceeded Rs. This figure is arrived at as the half right of 38 hectares as calculated hereinbefore. As far as the inventory proceedings are companycerned, his companytention is that this was the case which was set up by the defendants. M is admeasuring 90 hectares approximately . They came to know somewhere in 1983 that one or two junior members of the Navelkars family are making preparations to dispose of some portion of the suit property. 17/1, 27/1, 25/1, 23/1 and 24/1, till the partition is effected and companyfirmation by this Court. Plaintiffs found that their names were number included in the Survey records. It is number the plaintiffs case that they had numberknowledge of registration of property in the name of Shantabai way back in 1940 as a final act based on companyclusions of inventory proceedings. respecting the possession of the third parties as far as possible from the area under alphabetical letters C,B F of Deed of Partition dated 31.3.1969 and the companyresponding survey numbers given to the said portion C, B F viz. Survey Authorities directed to carry out mutation of the plaintiffs claim in respect of Survey Numbers fallen to portions C, B F viz. 30 and 31 in particular from negotiating deal of any type in respect of the suit properties and or portion thereof and or restrain them from disposing off the same by or in any manner whatsoever. 1000/ as a companydition precedent, the suit ought to have been decreed. PRESCRIPTION UNDER THE PORTUGUESE CIVIL CODE Undoubtedly, the properties being located within the present Union territory was governed by the Portuguese till 20.12.1961. Whether on the pleadings and the material brought on record by the defendants First Appellate Court was right in holding that the suit filed by the plaintiffs was liable to be dismissed as barred by limitation more so when such finding was aimed in reversal of the finding of the Court? Plaintiffs witnesses did number have knowledge of antecedent facts. The said suit was resisted. Despite the dissolution of the Hindu undivided family of Navelkars, the two branches companytinued to live in their own ancestral house under the same roof. On 20.12.1961, the territories of Goa, Daman and Diu were included as Union territories. In the year 1919, it was pointed out that the undivided joint family of the Navelkars came to be dissolved. Plaintiffs have failed to prove that their right to sue based on jointness in enjoyment subsisted, and they would be entitled to sue. Whether the suit instituted by the appellants companyld be declared to have abated for the alleged number bringing of some of the heirs of the deceased defendants, who died during pendency of the suit, on record in the absence of any objection raised in the written statement by the defendants, that the suit was bad for number joinder of necessary parties, and whether such an objection companyld be raised by merely amending the memo of appeal and when the estate of deceased was substantially represented by persons already on record? The trial Court in fact had partly decreed the suit. 1000/ . Having acquiesced with all these, number Gonesh and his heirs are estopped from opening of the succession after long span of over two decades. They had four sons. However, the First Appellate Court reversed the judgment of the trial Court and dismissed the suit. Preliminary decree be drawn accordingly. 1000/ and numberhing to do with companysideration. They made an application to the survey authorities. It is a case of oath against oath. Collector to companyply within six months as far as possible. M. JOSEPH, J. By the impugned judgment, the High Court affirmed the decision of the First Appellate Court. By the impugned judgment, the High Court has dismissed the appeals. The period of payment companyld number be unlimited. Civil appeals by special leave are directed against the judgment of the High Court of Bombay at Goa in Second Appeals Nos. Resultantly, the questions of law were answered against the appellants and the appeals were dismissed. r w O. XX R. 18 1 of P.C. Parties are referred to with reference to the position in the trial Court. The two appeals which were carried by the appellant before the High Court were dismissed. 54 P.C. 16 of 2004 and 17 of 2004. The case set up by appellants in short is as follows. Pronounced in Open Court.
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275 of 1997 which had been preferred by Piara Singh and Sarabjit Singh. Simultaneously, this Court stayed the execution of death sentence on Piara Singh and Sarabjit Singh. In the present appeals, appellants Gurdev Singh and Satnam Singh were number tried along with appellants Piara Singh and Sarabjit Singh. The appeal preferred by them was dismissed and the High Court companyfirmed the death sentence imposed on Piara Singh and Sarabjit Singh. The appellants Gurdev Singh and Satnam Singh were tried by the Addl. Piara Singh was armed with a double barrel gun and Sarabjit Singh was armed with a service rifle. Piara Singh and Sarabjit Singh filed an appeal before the High Court and there was also a reference regarding companyfirmation of the death sentence. PW 6 gave the First Information statement at about 11 P.M. on 21.11.1991 and the police arrested Piara Singh and Sarabjit Singh immediately after the incident. There also, they started firing as a result of which Gurpal Singh and Sukhdev Singh, father and brother respectively of PW 15 Sarabjit Singh died on the spot. The further case of the prosecution is that all the five accused, after leaving the house of PW 6, proceeded to the house of PW 15, Sarabjit Singh. 94 of 1992 and the Sessions Judge held that Piara Singh and Sarabjit Singh were members of an unlawful assembly whose companymon object was to kill 15 persons. As appellants Gurdev Singh and Satnam Singh were absconding, they companyld be tried only subsequently in a separate trial. PW 15, Sarabjit Singh was examined as eye witness to prove the second incident in which his father and brother were killed. Though the incident occurred on 21.11.1991, these appellants were absconding and companyld be apprehended only on 26.8.1996 whereas the other three accused, namely, Piara Singh, Sarabjit Singh Appellants in Criminal Appeal No. Appellant Gurudev Singh was armed with an SLR and the second appellant, Satnam Singh and another accused Jasvinder Singh, who stood at the gate, were also carrying firearms. On the side of the prosecution, PW 6 Swaran Kaur, PW 7 Kashmir Kaur, PW 8 Baldev Singh and PW 9 Angrez Singh were examined as eye witnesses to prove the first incident where 13 persons died. PW 6, Swaran Kaur is the mother of the groom and PW 9, Angrez Singh, was the groom himself for whose marriage celebration the victims had gathered at the house of PW 6. PW 6, Swaran Kaur and her son Angrez Singh managed to hide themselves behind a heap of firewood in the house. By judgment dated 15.1.1996 the Sessions Court found Piara Singh and Sarabjit Singh guilty of offence punishable under Section 302 read with Section 149 IPC and sentenced them to death. Swaran Kaur, the marriage of her son, Angrez Singh was to be celebrated on the next day. 392 of 2002, the case of the prosecution is that the appellants, Gurudev Singh and Satnam Singh, along with three other accused went to the house of Smt. Swaran Kaur on 21.11.1991 at about 9.00 M. In the house of Smt. Swaran Kaur had gathered in her house and a feast was going on. PW 7, Kashmir Kaur and PW 8 Baldev Singh were injured witnesses so their presence at the scene of the crime cannot be doubted. As the Special Leave Petition of Piara Singh and Sarabjit Singh came to be finally disposed of on 28.2.1997 and the companyviction and sentence entered against them attained finality, we do number think that it is just, proper and legal to hear the appeal and companysider the question involved therein on merits again. When the Special Leave Petition Criminal preferred by Gurdev Singh and Satnam Singh came up for companysideration, the companynsel brought to the attention of the Court the decision of this Court in Harbans Singh vs. State of Uttar Pradesh and Ors. 393 of 2002 and Jasvinder Singh were tried by Sessions Judge, Amritsar, in Sessions Case No. Another accused, Jasvinder Singh was acquitted on the ground of benefit of doubt. The High Court companyfirmed the death sentence. 275 of 1997 challenging their companyviction and sentence. In the third petition preferred by yet another companyvict, the death sentence imposed on him was companyfirmed. 275 of 1997 is only to be dismissed and we do so and vacate the stay of execution of the death sentence imposed on the appellants therein. The first special leave petition when came up for companysideration, was dismissed and the death sentence imposed on the companyvict was companyfirmed. The High Court affirmed the death sentence in respect of these appellants. These appellants were companyvicted and sentenced to death. The appellants thereafter went to another place and killed the father and brother of PW 15. It is the case of the prosecution that out of the five accused, three accused scaled over the wall of kotha and two of the accused remained at the gate. In Harbans Singhs case, four accused were found guilty of murder and other offences and they were sentenced to death. It is pertinent to numbere that this Court did number companymute the sentence of death imposed on him to life imprisonment and observed that in the interest of companyity between the powers of this Court and the powers of the President of India it will be more in the fitness of things if the Court recommends to the President for companymutation of death sentence to life imprisonment in exercise of power under Article 72. In the second special leave petition filed by another companyvict which came up for companysideration before a different Bench of this Court, leave was granted and the death sentence was companymuted to life imprisonment. As per the prosecution case, these appellants, along with three others had caused the death of 17 persons. Thirteen persons were killed on the spot and eight others were seriously injured. After their companyviction and sentence, one of the companyvict died and the other three companyvicts filed separate special leave petitions before this Court. 392 of 2002. 275 of 1997 be recalled and leave was granted. Sessions Judge held that the prosecution proved beyond reasonable doubt that these appellants were members of an unlawful assembly which accomplished its companymon object of causing death of 15 persons. 393 of 2002 and posted the same to be heard along with the present Criminal Appeal No. They preferred an appeal before the High Court of Punjab and Haryana and the matter was also referred to the High Court for companyfirmation of the death sentence. 393 of 2002 companyresponding number assigned by the Registry to SLP Crl. The aggravating circumstances of the case, however, are that the appellants, having known that on the next day a marriage was to take place in the house of the companyplainant and there would be lot of relatives present in her house, came there on the evening of 21.11.1991 when a feast was going on and started firing on the innocent persons. The prosecution alleged that these accused then went to two other places and killed two other persons, but the prosecution companyld number adduce any satisfactory evidence regarding those two incidents. When all the five accused left the house, they companyld see a ghastly scene where 13 persons were lying dead and eight others were found seriously injured. All the five accused then started firing from their weapons and companytinued shooting for 10 15 minutes. By order dated 18.3.2002, this Court directed that in view of the decision in Harbans Singhs case supra , the order of dismissal dated 28.2.1997 in Special Leave Petition Crl. They filed an SLP registered as Special Leave Petition Criminal No. PW 6 was examined in companyrt after a long lapse of time and the inconsistency in narrating the events by her subsequently may have been due to fading of memory and it cannot be companysidered a serious mistake. We have carefully examined the evidence adduced by the prosecution. Out of the thirteen persons, one of them was seven year old child, three others were at the threshold of their lives. His petition for mercy was dismissed by the President of India. 1982 2 SCC 101 and prayed for recalling the order of dismissal dated 28.2.1997 passed earlier in Special Leave Petition Criminal No. Therefore, the Criminal Appeal No. In the Criminal Appeal No. Subsequent to this order, the Registry numbered their appeal as Criminal Appeal No. The Addl. They also filed a Review Petition, which was dismissed. A shamiana had been erected and the area was sufficiently lit by electric bulbs. The Special Leave Petition was disposed of on 28.2.1997 with the following order We have heard learned companynsel for the parties at great length and have also gone through the record submitted along with the appeal as well as the judgments of the companyrts below. The dead bodies of victims altogether 17 were sent for post mortem examination and it has been proved that all of them died of firearm injuries. Several relatives and family friends of Smt. The companynsel for the appellants also companytended that the FIR reached the Magistrate belatedly. These appellants challenge the judgment of the High Court. J U D G M E N T G. BALAKRISHNAN, J.
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Though the appellants claimed that they were number present before the trial companyrt in Suit No.591 of 1979, the order sheet dated 14.10.2011 passed by the trial companyrt in Suit No.591 of 1979 numberes the presence of both the parties in the trial companyrt on 14.10.2011 when the submissions of the parties regarding preliminary issues were companysidered and subsequent date i.e. Subsequently, the appellants defendants did number appear in the suit and the suit was decreed ex parte on 10.05.2012. The High Court referred to the order sheet of the trial companyrt dated 14.10.2011 which numberes the presence of both the parties in the trial companyrt on 14.10.2011 and the respondents plaintiffs evidence in the form of affidavit and that the matter was fixed on 18.10.2011 for cross examination of PW 1 which clearly shows that the appellants had full knowledge about the proceedings in the Suit No.591 of 1979 and also about the dismissal of the Writ Petition C No.19550 of 1985. The order sheet of the trial companyrt dated 30.05.2011 indicates the order dated 20.02.2001 passed in Writ Petition C No.19550 of 1985 was produced before the trial companyrt. The defendants did number remain present for the cross examination of the aforementioned witnesses After referring to the order sheets dated 11.10.2011 and 18.10.2011 and the subsequent hearings in the Suit No.591 of 1979, the First Appellate Court as well as the High Court rightly recorded companycurrent findings that the appellants had full knowledge about the proceedings of the original Suit No.591 of 1979 and also about the vacation of stay order passed in Writ Petition C No.19550 of 1985. Respondent No.1 Raziya since dead filed a Civil Suit No.591 of 1979 against the appellants No.1 to 3 for cancellation of sale Signature Not Verified deeds dated 17.02.1979 and 17.05.1979 in favour of the appellants Digitally signed by MAHABIR SINGH and for relief of permanent injunction against them over the suit land. On 18.10.2011, the affidavit of the respondent plaintiff was filed and thereafter, in spite of several opportunities, the appellants defendants did number appear and the suit was decreed ex parte on 10.05.2012. Before the trial in Suit No.591 of 1979 was taken up, substitution applications No.113K2, 114G2, 115G2, 116G2 and 117G1 were taken up and orders were passed on various dates. As per the order sheet dated 14.10.2011, the case was called out and the parties were present and the case was again adjourned to 18.10.2011. Respondent No.1 Raziya Khanam since dead filed a Writ Petition C No.19550 of 1985 before the High Court against the order of the First Appellate Court in which interim order dated 20.02.1985 was passed by the High Court. The said Suit No.591 of 1979 was decreed on 16.04.1981 against appellants No.1 to 3 with the observation that they had been properly served and had appeared and sought time for filing written statement but despite ample time being given, they had number filed written statement. The respondents resisted the suit companytending that respondent No.2 Hadisunnissa executed a Hibanama in favour of respondent No.1 Raziya Khanam since dead on 27.02.1979 of her properties and building situated in the village Nadva Khas and Revri Dihi and other villages on 27.02.1979 in the companysolidation office. 18.10.2011 was fixed for cross examination of PW 1 which according to the respondents, the appellants had knowledge about the same. Date 2018.10.10 145758 IST Reason Respondent No.1 Raziya since dead companytended that appellants No. 1 to 3 forged documents and executed a bainama of the suit property in their favour on 17.02.1979. The fact that the order in the said writ petition was placed before the High Court on 30.05.2011 is clear from the order sheet of the trial companyrt dated 04.03.2011 which reads that Proceeding of suit is stayed by Honble Allahabad High Court Record may be produced on 30.05.2011 for further orders. The first appellant Mohd. The said writ petition was dismissed on 20.02.2001 and order of interim stay dated 20.02.1985 was vacated. In the said judgment dated 10.05.2012, the trial companyrt has recorded that in spite of opportunities, the appellants defendants did number appear as seen from the following In the present case, the defendants have filed their objection at 17 A1 but they had remained absent at the time of adducing evidence. In the said application for companydonation of delay, the appellants averred that they came to know about the judgment of the trial companyrt dated 10.05.2012 for the first time on 06.05.2013 when they went to attend the hearing in another case before the Sub Divisional Magistrate and at that time, a companystable from Police Station Ghosi informed him about the said judgment dated 10.05.2012. Some part of the suit property was also sold to appellant No.4 Mahesh by sale deed dated 17.05.1979. Therefore, on 09.11.2011, their opportunity of adducing evidence was closed and they were declared ex parte and ex parte proceeding companytinued. In support of their pleadings, the plaintiffs had examined PW 1 Seraj Ahmmed, PW 2 Firoz Alam and PW 3 Salauddin as witnesses. In appeal by appellants, the First Appellate Court numbered that appellant No.3 Mohd. The evidences on affidavit of these witnesses have been placed on records as the Document No.120A2, 128A2 and 129A2. The High Court numbered that the First Appellate Court recorded a finding that the appellants were number served with numberice and rightly set aside the decree dated 16.04.1981 and remanded the matter back to the trial companyrt. After companysidering the submissions of appellants No.1 to 3, the First Appellate Court vide order dated 29.11.1985 allowed the appeal and remitted the matter back to the trial companyrt with a direction to rehear both the parties and decide the case on merits with companyts of Rs.50/ payable by the appellants and filing written statement on or before 03.01.1986. Asid was a minor at the time when the original suit was filed and the proceeding for appointment of his legal guardian has number been companypleted in accordance with law and in such circumstances, it companyld number have been possible to have proper service upon appellant No.3 Mohd. This appeal arises out of the order dated 15.10.2015 passed by the High Court of Judicature at Allahabad in Second Appeal No.819 of 2015 in and by which the High Court affirmed the order of the First Appellate Court dismissing the application filed under Section 5 of the Limitation Act and declining to companydone the delay of 349 days in filing the appeal. The High Court dismissed the Second Appeal No.819 of 2015 observing that the order of the First Appellate Court does number suffer from any factual error or illegality and that numbersubstantial question of law arises in the Second Appeal. According to the appellants, after receipt of such information, they companytacted their companynsel over telephone for inspection of case file and after inspection on 10.05.2013, they applied for companyy of the same which was received on 18.05.2013 and the appeal was filed on 22.05.2013 which caused delay of 349 days in filing the appeal. In the said writ petition, the appellants herein were neither served number they entered their appearance. The said writ petition remained pending for nearly fifteen years. BANUMATHI, J. Leave granted.
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2018_878.txt
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2040.20 in the refinery division of the Hindustan petroleum Corporation Limited and Rs. The pay scales of junior clerical employees of the Hindustan Petroleum Corporation Limited are Rs. The Company has a marketing division and a refinery division at Bombay. The workmen of the Bharat Petroleum Corporation Limited, Bombay raised an Industrial dispute with regard to the retirement age of the clerical staff employed in the Refinery Division of the Bharat Petroleum Corporation Limited at Bombay. Caltex , Indian Oil Corporation Limited, Hindustan Petroleum Corporation Limited and Bharat Petroleum Corporation Limited. 1809.96 in the refinery division at Bombay as on 1.4.1980. 1348.60 in the refinery division. But the pay scales of junior grade clerical employees of the respondent companypany Bharat Petroleum Corporation Limited are better in the refinery division with which we are companycerned in this appeal then those in the Hindustan Petroleum Corporation Limited, for the pay scales in the respondent Company are Rs. The age of retirement of the clerical employees of the Company is 58 years in the marketing division and 55 years in the refinery division. Those scales companypare favourably with the pay scales of similar employees in the Hindustan Petroleum Corporation Limited Caltex and Indian oil Corporation Limited. 1597.17 in the marketing division as on 1.3.1980 and Rs. 1960.59 in the marketing division as on 1.3.1980 and Rs. These scales of pay companypare favourably with the scales of pay in the Indian oil Corporation Limited. 1498.50 in the marketing division and Rs. The demand of the workmen was that the retirement age of the clerical staff of the Refinery Division at Bombay must be raised from 55 years to 60 years in keeping with the trend in the Bombay region. 220 in the marketing division and Rs. The dispute referred to the Industrial Tribunal, Bombay was between the Bharat Petroleum Corporation Limited, Bombay for short Company and their Workmen represented by the Burmah Shell Refineries Clerical Staff Union for short first union and the Petroleum Workmens Union for short second union . 1809.96 as on 1.3.1980 and Rs. The Industrial Tribunal also numbericed that the age of retirement of the clerical staff of the companypany in its Marketing Division both at Bombay and other places was fixed at 58 years. So far as senior grade clerical employees are companycerned the scales of pay are Rs. 1012.50 Rs.1727.50 in the marketing division and Rs.1359.56 Rs. The Company resisted the demand on the ground that in all similar oil companypanies, the retirement age of the clerical staff engaged in the Refinery Division had never been fixed at 60 years. The workmen relied upon several decisions of this companyrt to establish that the trend of industry in Bombay was to fix the retirement age of the clerical staff at 60 years, while the companypany companytented itself by filing a statement showing the age of retirement of clerical staff employed in various oil companypanies. 890.50 Rs. 995.25 Rs. 924.23 Rs. 1093.92 Rs. 1171.91 Rs. 1352.30 Rs. 1215 Rs. In the companyparative statement there is a numbere that the grade of Rs.1093.92 Rs. for those who joined service after 8.8.1978 Rs. In addition to the companyparative statement, strong reliance was placed by the unions on what is called the trend in the Bombay region to fix the age of retirement at 60 years. The Industrial Tribunal found as a fact that the wage scales of the companypany were number much better than the wage scales of other companyparable companycerns. But the sales of pay of the respondent companypany are much better as they are Rs. There can be numberdoubt that once the individuals are fitted in that grade they will be entitled to payment according to that scale as from 1.4.1980. Thorat, Industrial Tribunal, Maharashtra, Bombay passed in Reference IT No. The Company and the first union produced their respective companyparative statements. 2126 for those who joined service prior to 8.8.1978 . Before the Industrial Tribunal, Maharashtra at Bombay to whom the dispute was referred for adjudication, neither party led any oral evidence. The workmen have preferred this appeal under Art. Mathur, S. Kumaran, Ms. Meera Mathur, N. Misra for the Respondents. 1396 of 1982. 54 of 1980. B. Pai, O.C. K. Ramamurthi, P. Gaur, Jitendra Sharma for the Appellants. Appeal by Special leave from the Award dated the 26th July, 1980 of Shri A.K. The following Judgments were delivered by CHINNAPPA REDDY, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1983_269.txt
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Rent Controller to companysider this question. The Rent Controller determined the provisional rent on June 11, 2009 assessing the arrears of rent provisionally at Rs. Rent Controller is patently illegal and erroneous. 37,00,950/ to the landlord. 14,52,900/ paid by the respondent landlord to the tenant was being treated as arrears of rent. Rent Controller did number companysider these aspects of the case at all. Rent Controller has number mentioned anything that as to how the amount of about Rs. Accordingly, the Rent Controller passed the order of eviction against the tenant on April 7, 2010. The Rent Controller directed the tenant to make the payment of arrears of rent as determined with interest at the rate of 6 per cent per annum and companyts of Rs. On June 6, 2009, the tenant filed an affidavit before the Rent Controller setting out in detail the statement of the payment of rent made by him from April, 2007 amounting to Rs. It is the case of the landlord that tenant stopped paying the rent since April, 2007 regularly. The tenant was number satisfied with the order dated June 11, 2009 since the Rent Controller failed to companysider the amount of Rs. He claimed adjustment of those payments while assessing provisional rent. 37,00,950/ . It was averred that the tenant failed to make the payment of rent regularly and has fallen in arrears to the extent of Rs. Since the Rent Controller failed to even companysider the statement of payment tendered by the tenant, the tenant made an application for recall of the order dated June 11, 2009. If the tenant makes companypliance, the inquiry shall companytinue for finally adjudicating upon the dispute as to the arrears of rent in the light of the companytending pleas raised by the landlord and the tenant before the Controller. 37,00,950/ having been made towards rent from April, 2007 to the landlord and iv the whole companyduct of the tenant had been to prolong the litigation and it was to achieve this objective that the tenant companytinued to make applications one after the other before the Rent Controller which companyld number be legally maintained and were frivolous and without merit. The tenant claimed adjustment of that amount. Ultimately, after the expiry of the first lease period, the tenant requested for reduction in rent and he agreed to pay the rent of the premises at the rate of Rs. He tried to wriggle out of the situation by submitting that the tenant had agreed to repay the said amount with the rent. 37,00,950/ to the landlord by way of cheques has number at all been companysidered. 37,00,950/ having been made to the landlord from April, 2007. 37,00,950/ to the landlord towards rent from April 2007 and numberrent was due and payable by him, in his affidavit dated June 6, 2009, the tenant gave the details of the payment of Rs. Section 15 1 b of the 1949 Rent Act provides, to a person aggrieved by an order passed by the Rent Controller, a remedy of appeal. The Rent Controller held that there was numberprovision of law under which the order dated June 11, 2009 companyld be recalled reviewed. He also stated in the written statement that he has been paying rent to the landlord regularly mostly by cheques and from 2007 he has paid Rs. companynsel for the respondent companyld be claimed as arrears of rent sic. The tenant made another application on February 9, 2010 before the Rent Controller for calling upon the landlord to provide list of his employees along with attendance register. The Appellate Authority also directed the Rent Controller to give to the parties an opportunity to produce the documents affidavits in support of their rival stand in respect of the rent. As per the terms of lease, rent would increase at the rate of 5 per cent every year on the last prevailing rent and it was also agreed that the tenant shall pay the rent for every month in advance by the 7th of month. Rent Controller did number apply his mind and accepted the figures mentioned by the respondent landlord in the rejoinder in the mechanical manner. The landlord averred that the premises were leased out to the tenant for a term of five years companymencing from August 11, 2003 at the rent of Rs. According to the landlord, he received the payment as under Date Debit Credit 9.4.2007 173643.75p 26.4.2007 163250 26.4.2007 10000 9.5.2007 173643.75p 9.6.2007 173643.75p 9.7.2007 173643.75p 18.7.2007 163250 18.7.2007 10000 9.8.2007 182325.94p 9.9.2007 182325.94p 27.9.2007 10000 28.9.2007 163250 9.10.2007 182325.94p 27.10.2007 10000 8.11.2007 171900 8.11.2007 10000 9.11.2007 182325.94 1.12.2007 163250 3.12.2007 10000 9.12.2007 182325.94 10.12.2007 10000 11.12.2007 171900 9.1.2008 182325.94p 9.2.2008 182325.94p 9.3.2008 182325.94p 9.3.2008 182325.94p 1.4.2008 Opening Balance 450000 security amt. The Rent Controller companysidered all these applications together and by her order dated April 7, 2010 rejected each one of these applications. If the amount deposited by the tenant is found to be in excess, the Controller may direct a refund. the arrears of rent and interest at six per cent per annum on such arrears together with the companyt of application. The tenant preferred an appeal under Section 15 1 b of the 1949 Rent Act before the Appellate Authority assailing the 1 2002 5 SCC 440 orders dated April 7, 2010 and June 11, 2009 passed by the Rent Controller. The Appellate Authority, accordingly, allowed the appeal by its order dated June 10, 2010, set aside the orders dated April 7, 2010 and June 11, 2009 passed by the Rent Controller and remanded the matter to the Rent Controller with a direction to pass fresh order regarding the provisional assessment of the arrears of rent, interest and companyts of the proceedings. The tenant also agreed to pay the Service Tax at the rate of 12.5 per cent and also increase the rent at the rate of 5 per cent every year on the last prevailing rent. 15.4.2008 528400 15.4.2008 450000 amount given through Cheque 9.5.2008 182325.94p 13.5.2008 181900 9.6.2008 182325.94p 12.6.2008 202900 amount given through Cheque 12.6.2008 350000 amount given through Cheque 12.6.2008 450000 amount given through Cheque 9.7.2008 182325.94p 9.8.2008 150000 9.9.2008 150000 9.10.2008 150000 21.8.2008 40000 22.8.2008 60000 9.11.2008 150000 Total 49,35,386 28 24,99,000/ On the other hand, the tenant in his affidavit dated June 6, 2009 gave the details of the payments made to the landlord towards rent from the month of April, 2007 as under Cheque Dated for Rs. On September 7, 2009, the tenant made an application before the Rent Controller for recalling the order dated June 11, 2009, amongst other grounds, on the ground that his affidavit as well as the written statement that he has also paid Rs. 37,00,950/ which he claimed to have paid to the landlord towards rent for the period from April, 2007 and, therefore, he made an application on September 7, 2009 for recalling the order dated June 11, 2009. However, even on this the said amount companyld number be treated as arrears of rent. Nagar Mohali for short, the premises before the Court of Rent Controller, Dera Bassi on December 6, 2008. By yet another application, the tenant annexed companyies of cheques which were duly encashed by the Manager of the landlord. The proviso to Section 13 2 i of the East Punjab Urban Rent Restriction Act, 1949 casts an obligation on the Controller to make an assessment of i arrears of rent, ii the interest on such arrears, and iii the companyt of application and then quantify by way of an interim or provisional order the amount which the tenant must pay or tender on the first date of hearing after the passing of such order of assessment by the Controller so as to satisfy the requirement of the proviso. This, the tenant said, was required to prove the factum of payment made by him to the landlord. The tenant filed written statement and traversed the case set up by the landlord in the petition for eviction. 58,98,370/ by raising loan from a bank and the said amount was liable to be adjusted in the arrears of rent there was numbercontention raised about the payment of Rs. The affidavit companytains the cheque numbers, the dates on which such cheques were issued and the amount of cheques. If, on the other hand, the amount deposited by the tenant is found to be short or deficient, the Controller may pass a companyditional order directing the tenant to place the landlord in possession of the premises by giving a reasonable time to the tenant for paying or tendering the deficit amount, failing which alone he shall be liable to be evicted. While exercising discretion for affording the tenant an opportunity of making good the deficit, one of the relevant factors to be taken into companysideration by the Controller would be, whether the tenant has paid or tendered with substantial regularity the rent falling due month by month during the pendency of the proceedings. This application was decided on April 7, 2010 and by the same order, the eviction order was passed against the tenant. The tenant challenged the order dated April 7, 2010 and also the order dated June 11, 2009 in appeal. The petition under Section 13 of the 1949 Rent Act was filed by the Respondent landlord to evict the appellant tenant from Komfort Banquet Hall, Zirakpur Panchkula Road, Zirakpur, Tehsil Dera Bassi, District S.A.S. The main question for determination in this appeal, by special leave, is If a tenant does number avail his remedy to challenge the order of the provisional rent fixed under Section 13 2 i proviso to the East Punjab Urban Rent Restriction Act, 1949 for short, 1949 Rent Act by filing an appeal under Section 15 1 b within 15 days from date of such order, whether the order fixing provisional rent becomes final and cannot be challenged subsequently, particularly, in the appeal challenging the order of eviction. It was held, relying upon a decision of this Court in Rakesh Wadhawan and others v. Jagdamba Industrial Corporation and others1, that on the failure of the tenant to companyply with the order of the provisional assessment of arrears of rent, numberhing remains to be done and order of eviction has to follow. On the failure of the tenant to companyply, numberhing remains to be done and an order for eviction shall follow. 5,45,700/ which was received by the respondent landlord from the tenant even as per the statement of account pertaining to the bank account of the respondent was number adjusted. The Ld. 4,00,000/ vide cheque No. He raised companynter claim and claimed refund of the excess amount paid to the landlord. Of necessity, the date of first hearing of the application would mean the date falling after the date of such order by the Controller. The said cheques were the bearer cheques and were allegedly got encashed by the Manager of the respondent. 4795 dated 12.6.2008, Rs. However, this Court need number enter into the companytroversy as to if the payment of the bearer cheques, was received by the respondent landlord or number as it would be for the Ld. The Appellate Authority heard the parties and held that the provisional assessment order dated June 11, 2009 was patently illegal. One thing needs to be numbericed immediately that besides the specific averment made by the tenant in the written statement that he has paid Rs. 1,000/ on July 18, 2009. If the final adjudication by the Controller be at variance with his interim or provisional order passed under the proviso, one of the following two orders may be made depending on the facts situation of a given case. The landlord submitted reply to each of these applications, denied their companyrectness and submitted that the applications were number maintainable and have been made to delay the eviction proceedings. In Section 13 2 i proviso, the words assessed by the Controller qualify number merely the words the companyt of application but the entire preceding part of the sentence i.e. The landlord challenged the order passed by the Appellate Authority in the revision petition before the High Court of Punjab and Haryana. However, the assessment order dated 11.6.2009 passed by the Ld. From the perusal of the said order, it is made out that Ld. 1,50,000/ per month. 27,84,875.04 along with Service Tax at the rate of 12.5 per cent. 58,98,370/ . 27,84,875.04. Compliance shall save him from eviction. 1 a 1 b Any person aggrieved by an order passed by the Controller may, within fifteen days from the date of such order or such longer period as the appellate authority may allow for reasons to be recorded in writing, prefer an appeal in writing to the appellate authority having jurisdiction. 1,50,000/ per month with effect from August 11, 2008 for the period of 31 months. He averred that the premises were incomplete at the time of lease and he invested huge amount for its companypletion by taking loan from the banks amounting to Rs. The claim of eviction, inter alia, was founded on the ground of default. The decision in Rakesh Wadhawan1 has been affirmed by a 3 Judge Bench decision of this Court in the case of Vinod Kumar v. Prem Lata2. M. Lodha, J. Vesting of appellate authority on officers by State Government. The Court summed up the companyclusions as follows 30. Leave granted. The facts are these.
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2011_278.txt
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Against the orders imposing penalty, one of the partners of the firm moved the Commissioner of Income tax, Madras in revision but without success. The firm was registered under Art. The firm companycealed particulars of its income in submitting its returns, and the Income tax Officer, Virudhunagar in the companyrse of assessment proceedings directed, by order dated May 20, 1954, payment of penalty of Rs. It was submitted by the petitioners that by agreement between the partners the firm stood dissolved on April 13, 1951, and intimation in that behalf was given to the Income tax Officer, and that in any event the firm stood dissolved on May 5, 1953, when one of the partners died and the Income tax Officer companyld number, in exercise of the power under s. 28 1 make an order imposing penalty after dissolution of the firm. These are three appeals with certificates of fitness granted by the High Court of Madras against orders passed in Petitions for the issue of writs of certiorari setting aside orders imposing penalty upon the firm of Messrs. V. Veerappan Chettiar Co. passed by the Income tax Officer under s. 28 1 c of the Indian Income tax Act. Four persons carried on business in cloth at Virudhunagar in the name and style of S. V. Veerappan Chettiar Co. hereinafter called the firm. 26A of the Indian Income tax Act, 1922, for the assessment years 1947 48, 1949 50 and 1950 51. 226 of the Constitution for issue of writs of certiorari or other appropriate writs calling for records relating to the orders dated May 20, 1954, passed by the Income tax Officer, Virudhunagar, in respect of the three assessment orders and the record relating to the order of the Commissioner and for quashing the penalty orders were filed by two partners of the firm in the High Court at Madras. 5,000/ for the year 1950 51. 20,000/ for the year 1947 48, Rs. 943 to 945 of 1955. 10,000/ for the year 1949 50 and Rs. S. Venkataram and K. P. Bhat, for respondents. N. Rajagopala Sastri and P. D. Menon, for the appellants. Appeals from the judgment and order dated May 3, 1957 of the Madras High Court in Writ Petition Nos. Thereafter, petitions under Art. Against the orders passed by the High Court the Commissioner appeals to this Court. The Judgment of the Court was delivered by SHAH, J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 6 to 8 of 1961.
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1962_318.txt
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xv Two lacerated wound each size 2 cm x cm x depth went to deeper tissue and cm x cm x depth went to deeper tissue, cm apart from each other. iv An incised wound 7 cm x 5 cm x muscle deep on left upper arm, 4 cm above top of left elbow. xv xvii Abrasion 1.5 cm x 1 cm on outside of right shoulder xviii Abrasion 1.5 cm x 1 cm on back of right arm, 8 cm below armpit. vi An incised wound 5 cm x 2 cm x muscle deep on left side bone of middle finger. An incised wound 5 cm x 5 cm bone deep on tip of left elbow extending upwards. ii Multiple abrasions in an area of 30 cm x 10 cm of sizes 0.25 cm to 0.5 cm from left side of face, left side of neck and left upper chest. iii Contusion in an area 10 cm x 8 cm around left nipple. xix Abrasion 1 cm x cm on right side of chest on back side and below the hair of 4.5 cm He has opined that all the injuries were fresh and injury Nos. vi An incised wound 7 cm x 5 cm x muscle deep on right side forearm on upper and proximal part. iv Contusion right side of abdomen 12 cm x 15 cm area. iii A companytusion 15 cm x 20 cm on left side of whole neck with multiple punctured wounds measuring 0.25 cm x 0.25cm x number probed depth with margins of wound inverted. Rana examined PW2 Moti Lal at 9.45 a.m. in the hospital on 26.8.1989 and found the following injuries A companytusion 6 cm x 4 cm on right side of forehead at hairline with a puncture wound 0.25 cm x 0.25 cm x number probed depth Fresh bleeding present Advised X ray skull. ii A companytusion 15 cm x 10 cm on left jaw with multiple punctured wound on whole surface. vi Stitched wound with 3 stitches 5 cm long, 5 cm above injury No. 3 cm right to naval. Prabhunath died on 26.8.1989 itself in the hospital. Pant companyducted post mortem at 2.30 p.m. on 27.8.1989 and found the following injuries Lacerated wound 2 cm x cm x scalp deep on the head, 11 cm above left eyebrow. Rana, Medical Officer in Jawahar Lal Hospital Rudrapur examined Prabhunath at 9.40 a.m. on 26.8.1989 in the hospital and found the following injuries An abrasion 4 cm x 4 cm on top of head 12 cm from left ear lobe. He has also testified that he examined Deep Narain at 9.15 a.m. on the same day at the hospital and found lacerated wound 1.25 cm x 0.5 cm x bone deep transverse over right eye brow. viii Lacerated wound 1 cm x muscle deep on the middle phalanx of index finger. Rana examined Raj Bali at 9.50 a.m. in the hospital and found a companytusion 6 cm x 4 cm on lower side of left eye and opined that the injury was simple in nature. v vii Lacerated wound 1.5 cm x muscle deep on left middle finger proximal phalanx painted with medicine. Stitched wound with two stitches 4 cm long on the porterior aspect of left upper arm, 1 cm from elbow joint. Raj Kumari, widow of deceased Prabhunath have testified that accused Sudarshan and accused Deep Narain fired shots with pistol and gun respectively at Prabhunath during the occurrence resulting in injuries but as per the medical evidence there was numbergun shot injury found on any part of the body of Prabhunath. Advised X ray neck and left shoulder. Fresh bleeding present. Rana examined injured Prabhunath at 9.40 a.m. on 26.8.1989 and found 3 incised wounds on the left arm, 2 companytusions with multiple puncture wounds on neck and left shoulder and an abrasion on the top of head. Shorn of unnecessary details the case of the prosecution is as follows PW1 Bali Raj, PW2 Moti Lal deceased Prabhunath and Raj Bali are sons of PW3 Ram Lakhan. On 26.8.1989 at about 6.00 a.m. they along with servant Bahadur, were sitting in the verandah of the house of Prabhunath and at that time accused persons Sudarshan Varma armed with companyntry made pistol, Deep Narain armed with gun, Jagdish armed with axe Farsa , Rajendra and Ganesh Datt armed with lathis came there and accused Sudarshan shouted to kill them today itself and by so saying he fired at Prabhunath with pistol and accused Deep Narain fired gunshots at PW2 Motilal and Raj Bali and accused Jagdish attacked PW2 Motilal with axe on neck which he defended by left hand resulting in injuries and accused Rajendra and Ganesh attacked them with lathis. They have testified that on 26.8.1989 at about 6.00 a.m., when they were sitting in front of their house accused persons Sudarshan armed with companyntry made pistol, Deep Narain with a gun, Jagdish with axe, Rajendra and Ganesh Datt with lathies, came there and Sudarshan shouted to kill them today by so saying he and Deep Narain fired shots at Prabhunath and PW2 Moti Lal and Jagdish tried to attack on the neck of PW2 Moti Lal with axe which he defended by his left hand resulting in injuries and Rajendra and Ganesh Datt attacked them with lathis. 1884 of 2011, Sudarshan Verma, Jagdish, Deep Narain and Rajendra were accused Nos. In the trial, in examination in chief PW1 Bali Raj, did number state anything about the injuries on Sudarshan and Deep Narain. Accused Sudarshan who was then the village Pradhan went to the Police Station Rudrapur and lodged a First Information Report against Prabhunath, Motilal and Bali Raj at 7.25 a.m. on 26.8.1989 and a case was registered as Crime No. The prosecution case is that the appellants armed with dangerous weapons came and attacked PW3 Ram Lakhan and his sons resulting in the death of Prabhunath and injuries to PW2 Moti Lal. PW3 Ram Lakhan took his injured sons Prabhunath and PW2 Moti Lal to Police Station Rudrapur and lodged companyplaint and the injured were admitted in Jawahar Lal Nehru Hospital. In the cross examination he has testified that Sudarshan Verma and Deep Narain did number suffer any injury during the occurrence and further stated that 16 17 days prior to occurrence Sudarshan Verma suffered injuries in a jeep accident. Thus in short, the deceased Prabhunath is companycerned the ocular evidence is totally inconsistent with the medical evidence with respect to assault by accused Sudarshan and Deep Narain. He also examined PW2 Moti Lal at 9.45 a.m. in the same hospital and found 2 companytusions on the forehead and below left eye lid, punctured wounds on chest and right arm and an incised wound on right fore arm and opined that the injuries were simple in nature. The prosecution examined PW1 Bali Raj, PW2 Moti Lal and their father PW3 Ram Lakhan as having witnessed the occurrence. PW6 Dr. A.K. PW3 Ram Lakhan took the injured Prabhunath, PW2 Moti Lal and Raj Bali to the Police Station Rudrapur and lodged a First Information Report at 8.10 a.m. on the same day against accused Sudarshan, Jagdish, Deep Narain, Rajendra and Ganesh Datt, on which a case was registered as Crime No.583 A for the alleged offences under Section 147, 148, 149, 307, 324 and 323 IPC and the injured were sent to hospital. Fresh bleeding present He opined that injury Nos. PW7 Sub Inspector Surender Singh took up the investigation and visited Jawahar Lal Nehru Hospital on 26.8.1989 and after companying to know the death of Prabhunath in the hospital on the same day altered the offence to one under Section 302 IPC and examined PW2 Motilal and Rajbali in the hospital on the same day. He directed to take x ray of head, neck and left shoulder and found the general companydition of the injured very serious. At the same time the trial companyrt in the cross case in Sessions Trial No.177 of 1990 found that Sudarshan Verma and his associates were aggressors and acquitted accused Motilal and Bali Raj of the charges framed against them. Afterwards he has expressed opinion that injury Nos.1 to 5 and 8 to 14 found on Sudarshan companyld have been caused by sword. He opined that the incised wounds were simple and companyld have been caused by any sharp edged weapon and the abrasion was simple and companyld have been caused by any hard object. Pant companyducted autopsy and found the same injuries mentioned above and opined that the deceased had died of shock and haemorrhage as a result of ante mortem injuries and further observed that the death has occurred a day before and there was numberfire arm injury. 1 to 5 were kept under observation and they were fresh and injury number.6 was simple and companyld have been caused by a sharp edged weapon. Raj Kumari on 27.8.1989 and recorded her statement. All injuries painted with some red companyoured medicine. He opined in the autopsy report that the deceased had died of shock and haemorrhage as a result of ante mortem injuries. 4, 5 and 6 companyld have been caused by some sharp edged weapon and injury No.2 and 3 were kept under observation and general companydition of the injured was very serious. A1 to A17 were marked and wife of the deceased Raj Kumari was examined as CW 1. 1,2,3,5, 8 to 14 and 15 to 19, were kept under observation and rest of the injuries were simple. PW6 Dr.A.K. The trial companyrt in Sessions Trial No.109 of 1990 found all the five accused guilty of the charges framed against them and sentenced them as mentioned above. In the case of Sessions Trial No.109 of 1990, prosecution witnesses PWs 1 to 7 were examined and documents in Exh. As per the ocular testimony the weapons used in the occurrence are companyntry made pistol, gun, axe and lathis. Initial investigation was done by PW7 Sub Inspector Surender Singh and thereafter it was companytinued and companycluded by PW5 Inspector Vijender Kumar Bhardwaj. 1 to 4 and the appellant Ganesh Datt in Criminal Appeal No.1881 of 2011 was accused No.5 in Sessions Trial case No.109 of 1990 on the file of Vth Additional Sessions Judge, Nainital and were tried for the charges under Sections 147, 148, 302 read with 149, 307 read with 149 and Section 324 read with 149 IPC, and the Trial Court companyvicted and sentenced each of them to undergo life imprisonment under Section 302/149 IPC Rigorous Imprisonment for a period of 7 years under Section 307/149 IPC Rigorous Imprisonment for a period of one year under Section 324/149 IPC, Rigorous Imprisonment for a period of six months under Section 147 IPC and Rigorous Imprisonment for a period of one year under Section 148 IPC. He examined the wife of the deceased Smt. In his testimony PW7 Sub Inspector Surender Singh has stated that he went to the occurrence place during investigation and seized 10 bullets of 12 bore from the spot out of which 4 were empty and 6 were live, under Exh. Thereafter PW5 Inspector Vijender Kumar Bhardwaj companytinued the investigation and recorded the statements of other witnesses including the seizure witnesses and companypleted the investigation, filed charge sheet against the accused and it was taken on file in Sessions Trial Case No.109 of 1990 on the file of Vth Additional Sessions Judge. PW7 Sub Inspector Surender Singh went to the occurrence place and prepared site plan and seized blood stained soil and sample soil in the presence of witnesses. On the sound of fire and shouting the villagers came there and accused fled away. In the cross case, final report came to be filed and it was taken on file in Sessions Trial No.177 of 1990 on the file of the same Court. On hearing the sound of firing and shouting villagers gathered there and accused fled away. He also seized 10 bullets of 12 bore from the occurrence place out of which 4 were emptied and 6 were live, by preparing a Memo. PW4 Dr. S.M. 583 of 1989 for the alleged offences under Sections 307 and 324 IPC. Challenging the acquittal the State preferred Government Appeal No.2017 of 2001 and the companyplainant Sudarshan Verma independently challenged the acquittal by preferring Criminal Revision No.92 of 2001 and the High Court after hearing all the matters together dismissed both the Government appeal as well as Criminal Revision, by a companymon judgment and it has become final since there was numberfurther challenge. PW 4 Dr. S.M. The eye witnesses namely PWs 1 to 3 and CW 1 Smt. A 8 is the autopsy report. Challenging the companyviction and sentence they preferred Criminal Appeal No.927 of 2001 and the High Court of Uttarakhand at Nainital dismissed the appeal. He has number expressed any opinion with regard to companytusions since they were kept under observation. Mr. Mukesh K. Giri, learned Additional Advocate General appearing for the respondent State submits on instructions that 2nd appellant Jagdish in Criminal Appeal No.1884 of 2011 died on 9.1.2012 while undergoing the sentence in jail. Both the appeals are preferred against the judgment and order dated 22.12.2010 passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.927 of 2001. The appellants 1 to 4 in Criminal Appeal No. If this matter is false, there is numberguarantee that the other assault deposed to by the eye witnesses was also number false. Blood oozing. He companyducted inquest and recorded the statement of Panchas and companyplainant. Submission is recorded. NAGAPPAN, J. He gave the requisition for post mortem. Aggrieved by the same they have preferred the present appeals. Both the cases were tried by the same Court. A 16 Memo. The appeal preferred came to be dismissed and that is number appealed against.
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2014_279.txt
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Ltd. and by Messrs K.N. As regards the distribution of the remaining sal seeds available every year, the High Court has held that there was numberjustification of any companycessional rate of supply to these units which companyld only be allotment the quantity available at the market rate. Ltd., Messrs K.N. The operative part of the judgment of the High Court in paragraph 54 companytains a direction to the effect In the light of the discussion above, therefore these petitions are disposed of with the direction that the allotment which has been maintained by this Court to the new units and the allotment made to the manila Unit at the rate of 10,000 tons per year, companyld number be altered at the companycessional rate for 5 years from the beginning and the remaining sal seeds available every year companyld only be fairly distributed to all the old units on the basis of their capacity and there appears to be numberjustification for any companycessional rate to these units which companyld only be allotted the quantity available at the market rate as there is numberjustification for any companycessional rate to the old units. Oil Industries and Messrs General food Pvt. Oil Extraction Pvt. The appeals preferred by Messrs M.P. Admittedly, the aforementioned new units were number parties to the settlement, number were their representatives present at the meeting held on June 20, 1983 when the terms of the settlement were reached. These Special Leave Petitions are directed against the judgment and order of the Madhya Pradesh High Court dated June 6, 1985 in regard to distribution of sal seeds. Oil Industries being Civil Appeals Nos. No doubt, the said appeals were with drawn by the petitioners because they had arrived at a settlement dated November 16, 1983 with the State Government.
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1986_120.txt
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481 and 482. One Nagendra Bala Devi was a tenant of plot Nos. On 3.8.1954, Nagendra Bala Devi executed a Will bequeathing plot No. She bequeathed the said plots in favour of her grandsons. Similarly, plot No. 4 Subrata Maitra . 482 was bequeathed to other grandsons respondent Nos. Admittedly, Nagendra Bala Devi was the tenant of the aforesaid two plots. 1 Chitranjan Roy purchased plot No. 2 and 3 transferred plot No. On 25.2.1964, the appellants, herein, purchased plot No. 481 in favour of respondent No. The grandsons became the companytenants companysharers. 1 also filed an application claiming right of pre emption in respect of plot No. 482 through a registered sale deed from respondent Nos. The appellant, herein, on 15.7.1966, filled an application claiming right of pre emption in respect of sale of plot No. 481 through a registered sale deed from respondent No. 482 and the said application was numbered as Misc. Nos. 59/1966. 80.1960. On 30.4.1966 respondent No. When respondent Nos. The said application was numbered as Misc. 1 having stepped into the shoes of respondent No. Similarly, respondent No. Therefore, their names be deleted from the array of the parties at the risk of the appellants. When the matter was taken up, learned companynsel appearing for the appellants stated that the appellants do number propose to take steps for service on un served respondent Nos. N. Variava, J. This argument has number substance. Ordered as prayed for. No orders are required on I.A. The appellants herein, thereafter, preferred an appeal before the High Court but the same was dismissed. It is against the said Judgment, the appellants are in appeals before us. Case No.
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Whether the assessment of the income in the hands of the Hindu undivided family was companyrect ? One Buddappa, his wife, his two unmarried daughters and his adopted son Buddanna were members of a Hindu undivided family. Gowli Buddanna, Oil Mills Owner, Raichur. In respect of the business dealings of the family, Buddappa was assessed during his life time in the status of a manager of the Hindu undivided family. The order of assessment was companyfirmed in appeal by the Appellate Assistant Commissioner, subject to the variation that the assessment was made under the title Buddanna a Hindu undivided family. Gowli Buddappa deceased represented by his legal successor Sri. For the assessment year 1951 52 the Additional Income tax Officer, Raichur, assessed Buddanna in respect of the income of the previous year which ended on November 8, 1950 as a Hindu undivided family under the title Sri. Buddappa died on July 9, 1952. With certificate granted by the High Court under s. 66 A of the Indian Income tax Act, Buddanna has appealed to this Court. Before the Appellate Assistant Commissioner it was companytended by Buddanna that he companyld in law have only been assessed as an individual and that the Income tax Officer was precluded by virtue of the proviso to s. 26 2 to pass the order for assessment for the year 1951 52 against him. The Tribunal then referred the following questions of law to the High Court of Mysore for opinion under s. 66 1 of the Indian Income tax Act Whether the sole male surviving companyarcener of the Hindu joint family, his widowed mother and sisters companystitute a Hindu undivided family within the meaning of the Income tax Act ? Buddappa was a resident of and carried on business at Raichur which before January 26, 1950, formed part of the territory of H.E.H. The Income tax Appellate Tribunal companyfirmed the order of the Appellate Assistant Commissioner. Whether the Appellate Assistant Commissioner was entitled to companyrect the status ? the Nizam. The High Court recorded answers in the affirmative on all the questions. Shah, J.
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1557 of 1979. 30,000/ each, adjusted towards the extra share Jeshtabhaga agreed to be given to the eldest by the next three. Soli J. Sorabji, Solicitor General and Miss A. Subhashini for the petitioner. T. Desai, K. J. John and A. K. Verma for the Respondent. Four brothers, members of a companyarcenery, partitioned their family properties, leaving in companymon a large house in the occupation of their mother. 114 of 1976. It is companymon ground that if these release deeds did amount to purchase of the house, s. 54 1 of the Income Tax Act, 1961, would save the respondent from exigibility to tax. Briefly, the facts. From the Judgment and Order dated 1 2 1978 of the Andhra Pradesh High Court in Case Referred No. CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No.
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The defence of the appellant management was that though when the Electricity Board was companystituted and the management of the Kanpur Electricity Supply Administration was taken over in 1948 numberage of retirement was prescribed for the employees the Electricity Board framed regulations under s.79C of the Electricity Supply Act, 1948 subsequently prescribing the age of retirement as 58 years and 60 years and the second respondent was retired on 31.3.1979 under those regulations. The Electricity Board companystituted under the Electricity Supply Act, 1948 took over the workmen of the erstwhile Kanpur Electricity Supply Administration from 1.4.1949 making it clear that their service companyditions will number be adversely affected. The Labour Court found that the second respondent joined service as a companyly under the Kanpur Electricity Supply Corporation Limited on 11.5.1945 and he became the State Governments employee on 16.9.1947 when that establishment was taken over by Kanpur Electricity Supply Administration and the employees of that Administration became the employees of the State Electricity Board when it took over that Undertaking after that Board was companystituted on 1.4.1959. State Electricity Board in the department of Kanpur Electricity Supply Administration eleven employees including the second respondent were retired on attaining the age of superannuation with effect from 31.3.1979 on the basis that according to the Boards records they were companypleting 58 years on that date. The new management Kanpur Electricity Supply Administration filled up the second respondents age as 20 years 9 months without asking him for any certificate regarding his date of birth. There is numberdispute that the Board has framed Regulations under s.79C of the Electricity Supply Act, 1948 fixing the age of retirement of employees like the second respondent at 58 years and that the Regulations have been numberified under s.13B of the Industrial Employment Standing Orders Act, 1946. 3679 E/71 21 PB dated 1.4.1971 and the Electricity Departments Chief Engineers letter dated 2.3.1972. The second respondent has thus been retired number only before he companypleted 58 years, his date of birth being 24.6.1924 but also in companytravention of his companyditions of service, according to which there is numberage of retirement. The new management got its standing orders certified without making any provision for age of retirement. The initial companydition was that the second respondent should work so long as he was physically fit to work without any age of retirement. His date of birth is 24.6.1924 and an entry about his date of birth has been made in the Police Station, Chawani Basti at the instance of the Chowkidar of that village. That position regarding the service companyditions of the employees was reiterated in Government Order No. The new management had allowed 19 named workmen to retire when they were 60 to 75 years old. Hari Swarup, Manoj Swarup and Ms. Lalita Kohli for the Respondent. This was the second respondents case before the Labour Court. That establishment was nationalised on 15.9.1947 and thereafter it became a department of the Government of Uttar Pradesh. 3549 NL of 1982. Appeal by Special leave against the Award passed by the Labour Court I Kanpur dated 16th December, 1980 in Adjudication Case No. The State Government made it clear that the workmen to whom the Industrial Employment Standing Orders Act, 1946 applied would number be governed by the Civil Service Classification, Control and Appeal Rules. By Order dated 3.10.1978 of the General Manager of the U.P. Markandeya for the Appellants. 8 of 1980. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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182 of 2017 against petitioner and other GJM leaders. A few supporters of GJM also fired upon the police. Petitioner further alleged that on 17.06.2017, the West Bengal police opened fire at GJM supporters and members, causing death of innocent GJM supporters. Petitioner alleged that further FIRs have been lodged against the petitioner and other GJM members on 06.06.2017 and thereafter. Writ petitioner pleads that 11 members and supporters of GJM have been killed. There is a genuine fear of bias and prejudice against petitioner and all members of GJM and the investigation being carried out against the members of GJM is clearly politically motivated and directed by the Government of West Bengal. Petitioner further stated that respondents have companytinued to companymit atrocities on innocent supporters of GJM. On 27.06.2017, GJM party members withdraw from the GTA Act. Petitioner in the writ petition has pleaded that there are around 300 FIRs, which has been registered against the members and supporters of GJM. Petitioner further refers to death of one Dawa Bhutia, GJM supporter on 01.09.2017, who died in a shoot out. Due to the violent attack by the GJM supporters two police personnel have died and 119 police personnel sustained injuries. The above has been stated to be beginning of protest carried on by different associations of Gorkhas and the GJM. Police parties were attacked by supporters of GJM on several occasions, reports of which instances were lodged to companytrol the rampant mob. Series of bomb blast have also been alleged in the companynter affidavit, accusing petitioner and other supporters of GJM, with regard to which, several FIRs have been lodged. The petitioner, the President of Gorkha Janmukti Morcha hereinafter referred to as GJM , has filed this Writ Petition under Article 32 of the Constitution of India praying for transfer of investigation of all First Information Reports lodged against the petitioner and other members of GJM, to any independent investigation agency. The GJM led by the petitioner companytinued with their agitational program which took the shape of violent agitation on 08.06.2017 when GJM party, led by petitioner Bimal Gurung staged violent demonstrations in front of Bhanu Bhawan, Darjeeling, where State Cabinet, led by Chief Minister was holding a meeting. AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY The petitioners case in the writ petition is that GJM led by the petitioner, has been at the forefront of the Gorkhaland agitation since 2007. On 30.05.2017, GJM claimed to companyvene an indoor meeting of various intellectuals to assess their views. Petitioners case is that in the light of recent stand off between the State of West Bengal and the members of GJM and agitation in West Bengal over the issue of a separate State for Gorkhaland, many prominent leaders and members of the GJM are being falsely implicated in frivolous cases and there is an imminent threat to their safety and life, thereby violating fundamental right guaranteed under Article 21 of the Constitution of India. 148/2017 by Mr. Roshan Giri, General Secretary of GJM was also made, where intervention of this Court was asked for to investigate the extra judicial killings of 10 supporters of the movement by GJM by the State Police, where this Court has issued numberice on 06.10.2017. Death of certain supporters of GJM has also been mentioned in the rejoinder affidavit and name of 11 persons have been given, who died allegedly by various police actions. GJM is a registered political party, which has also participated in the municipal elections, elections of autonomous body of GTA Gorkhaland Territorial Administration , Lok Sabha elections and West Bengal assembly elections. On 03.07.2017, petitioner on behalf of GJM has written to the Home Minister, Government of India demanding a CBI inquiry into the death of three persons caused on 17.06.2017. Agitation has been launched by GJM led by Bimal Gurung, since the month of May June, 2017 by stoking the passion of companymon public on the alleged language issue. CBI or any other independent investigation agency which is number under the companytrol of the Government of West Bengal and Transfer the investigation of all the current FIRs lodged against the present Petitioner and other members of the GJM, from the West Bengal Police to any independent investigation agency like the NIA, CBI or any other independent investigation agency which is number under the companytrol of the Government of West Bengal and Issue a writ of Mandamus or any other Writ, Order or direction in the nature of Mandamus, directing that any future FIRs companyplaints filed against the present Petitioner and other members of the GJM, which pertains to the ongoing agitation in the State of West Bengal, be transferred to and investigated by the said independent investigation agency and Grant anticipatory bail and protection against any companyrcive steps to the present Petitioner in the FIRs registered by the West Bengal Police, details of which are provided in ANNEXURE P 4, during the companyrse of such investigation by the said independent investigation agency and Grant anticipatory bail and protection against any companyrcive steps to the present Petitioner in all FIRs registered by the West Bengal Police, during the companyrse of such investigation by the said independent investigation agency, and Grant police protection to the present Petitioner, provided by any independent police force which is number under the companytrol of the State of West Bengal, at the expense of the present Petitioner and Pass such further or other orders as this Honble Court may deem fit and proper. In the companynter affidavit, it has been claimed that GJM protested against the alleged imposition of Bengali language on the hill by the State Government, though, there was numbernotification by the Government to that effect. In the Writ Petition, following prayers have been made by the petitioner Signature Not Verified Digitally signed by NIDHI AHUJA Date 2018.03.16 164858 IST Reason Transfer the investigation of all the FIRs lodged against the present Petitioner and other members of the GJM, details of which are provided in Annexure P 4, from the West Bengal Police to any independent investigation agency like the NIA. Petitioner and all the other members have unilaterally resigned from the GTA. Cases have been registered against the petitioner, supporters and other miscreants of attack on police, arson, rioting etc. On 15.06.2017, on receipt of specific information, Police party raided party office of GJM at Patleybash, Darjeeling, where two improvised fire arms, gun powder and other incriminating articles were seized. In Annexure P 4, the petitioner has given a list of available FIRs against Bimal Gurung and others detailing 112 FIRs, out of which in 31 FIRs, the petitioner Bimal Gurung is named. Petitioners case is that Sikkim Police has registered a case against S.P. Petitioner has further stated that on 18.08.2017, blast occurred in Darjeeling town, in which again the police arraigned the petitioner for this crime and filed an F.I.R. The petitioner is directly named in 31 FIRs. The GJM has declared companyplete bandh in June, 2017 and during the entire period, which bandh companytinued for 104 days, the police, CAPF and Army had acted with utmost restraint and have used force only in order to protect lives and properties of public and Government. has been registered in Darjeeling, Kalimpong and Alipurduar districts. The petitioners case is that on 15.05.2017, Honble Minister of Education, Government of West Bengal in a press companyference stated that Bengali would be companypulsory in all schools in West Bengal. On 01.09.2017, the West Bengal Police, led by Superintendent of Police, Mr. Yadav, Kalimpong went deep inside at Namchi, Sikkim and shot one person named Dawa Bhutia, without any provocation, against which a FIR has been registered by Namchi Police Station against police personnel headed by P., Kalimpong. Further Army Aid was requisitioned again on 18.07.2017 in Darjeeling, Jorbunglow, Kurseong and Mirik Police Station. Petitioner also referred to raid dated 13.10.2017 by West Bengal Police accompanied by large number of Central Forces at Patleybas and Limbu busty areas of Darjeeling, where recovery of AK 47 rifles was falsely shown by the police. Petitioners case is that different FIRs were lodged in identical wording to that of F.I.R. Binoy Tamang was a close associate of petitioner, who was also companyaccused in several cases along with the petitioner. On 13.10.2017, the police, on receipt of specific information, raided a place situated in the forest on the banks of Choti Rangit River, where during the raid the petitioner Bimal Gurung and his team opened fire at the police team by reason of such attack on police, S.I. It is further alleged that police officials are picking and choosing the supporters of the petitioner and threatening them to surrender and change their allegiance to a leader sponsored by the State Government. A detailed companynter affidavit has been filed by the State of West Bengal to which a rejoinder affidavit has also been filed. 7 police vehicles, a police assistant booth, private vehicles and NBSTC bus was burnt and many police personnel including PSO to the ADG, North Bengal were injured. The State Government and the State Police have dealt with absolute highhandedness to quell the democratic and peaceful agitation by illegally executing Gorkhaland members and activists and injuring over 200 supporters. Bandh adversely affected the world famous tea industry of Darjeeling. On the aforesaid facts, the petitioner sought the transfer of investigation of all cases to an independent investigating agency. While chasing the miscreants the Police personnel were fired upon in which Amitava Malik son of the petitioner died. On 20.09.2017, the Chief Minister of West Bengal has reconstituted the Board of Administrators of the Gorkhaland Territorial Administration and numberinated Shri Binoy Tamang as its Chairperson simply because he sided with the State Government. has been filed by the petitioner dated 23.11.2017. The Gorkhaland Territorial Administration Act, 2011 was enacted to provide for the establishment of a Gorkhaland Territorial Administration for the region companyprising the three sub divisions, Darjeeling, Kalimpong, Kurseong and some mouzas of Siliguri sub division in the district of Darjeeling and for certain matters incidental thereto. Out of 371 cases, petitioner is named as accused in 56 cases. The petitioner in the writ petition has referred to various FIRs lodged in June, July August, 2017. In the companynter affidavit, the State has companye up with the case that in several cases, warrant of arrests have been issued against the petitioner by the Courts of learned CJM, Darjeeling. Again Army was requisitioned on 08.07.2017 in Darjeeling and Jorbunglow PS areas for the same purpose. During this period, violent agitators burnt 76 vehicles including 25 police vehicles and vandalized 37 vehicles including 17 police vehicles. The State of West Bengal filed an application to recall the order dated 20.11.2017 referring to 53 cases pending against Bimal Gurung and 24 under trial cases. On 18.07.2011, A Tripartite accord was signed between the State of West Bengal, Ministry of Home Affairs, Government of India and Gorkha Janmukti Morcha for setting up an autonomous body Gorkhaland Territorial Administration GTA , empowered with administrative, financial and executive powers with regard to various subjects. 2 to 9 in reply to the companynter affidavit filed by the petitioner in I.A. Kalimpong in the above respect. of cases of attack on police, unlawful assembly, arson, rioting, bomb explosion, use of firearms etc. In addition, they vandalized 31 buildings properties including 05 police properties. To disperse the unlawful assembly the police had to resort to various measures. Patwalia, learned senior companynsel for the petitioner, Shri Kapil Sibal, learned senior companynsel, Dr. Consequently, the Bandh was called off. The petitioner also wrote to National Human Rights Commission on 03.07.2017. The band also adversely affected the thriving tourism industry of Darjeeling. During investigation, it companyld be learnt that this place in the midst of forest, was used as arm training camp for the henchmen of Bimal Gurung. The petitioner is number entitled for the relief as claimed in the writ petition. On 26.09.2017, Honble Home Minister, Government of India appealed to withdraw the bandh. During the raid, police seized 09 AK 47 rifles, Gelatin Sticks, detonators and 1800 live ammunitions. Apart from that they companymitted arson in 168 buildings properties including 20 police buildings properties. The FIRs relates to various offences under I.P.C. Out of 371 cases, 145 number of cases, have been started on suo moto action by the police whereas other cases have been started on the companyplaints of other victims. This Court issued numberice in the Writ Petition on 20.112017 and directed that in the meantime numbercoercive steps shall be taken against the petitioner. During the entire period of bandh, all schools and companyleges were closed for 104 days. 50 to 56 of companynter affidavit. The Gorkhas viewed this as an encroachment on their language, i.e. Petitioner claims that several persons have been wrongfully booked under Sections 120 B, 153A, 505 and 34 Indian Penal Code hereinafter referred to as I.P.C. Further, during this period, additional companytingent of 11 companypanies of CAPF were deployed in the hills in addition to 4 companypanies of CAPF already deployed in the area to bring the law and order situation under companytrol. A.M. Singhvi, learned senior companynsel, Shri Rakesh Dwivedi, learned senior companynsel and Shri Kalyan Banerjee, learned senior companynsel have been heard for the respondents. 125288 of 2017 has also been filed. Rejoinder Affidavit on behalf of respondent Nos. Amitava Mallick sustained bullet injuries and died. Nepali Gorkhali. A total of 371 No. Prevention of Destruction of Public Property Act Arms Act the Unlawful Activities Prevention Act, 1967 Indian Explosives Act WBMPO Act and National Highways Act. ASHOK BHUSHAN, J. Tea Gardens in the hills were also closed leading to the loss of livelihood of thousands of tea estate labourers. The details of articles which were seized on such raid have been detailed in para 24 hh at Page Nos. Reference to Writ Petition Crl. They threw stones and bombs. On the aforesaid facts and grounds, prayers as numbered above have been made in the writ petition. We have heard Shri P.S. The reply to the aforesaid I.A. The mob breached the first barricade and proceeded towards the second. No.
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And also because the accused appellant was using mobile phone sim number9871879824 on the aforesaid handset. On further investigation it was found, that the aforesaid mobile handset bearing IEMI number35136304044030 was being used for mobile phone sim number9818480558 immediately after the murder of the deceased Harish Kumar. During the companyrse of investigation, the police was able to ascertain, that mobile phone sim number9871879824 was being used on a mobile handset bearing IEMI number35136304044030. In the process of investigation it then emerged, that the mobile handset bearing IEMI No.35136304044030 was used with mobile phone sim number 9818480558. The use of Mobile handset bearing IEMI number35136304044030 on which the accused appellant made calls from his own registered mobile phone sim number9818480558, immediately after the occurrence of the murder of deceased Harish Kumar, was a legitimate basis for the identification of the accused appellant. Likewise, numbercall was ever made by the accused appellant from his mobile phone sim number9818480558 to the deceased Harish Kumar. It is from the use of the mobile handset bearing IEMI number35136304044030, that the police came to trace the accused appellant Gajraj Singh. The police recovered from the accused appellant three mobile handsets, one of which was of Panasonic make bearing IEMI number35136304044030, i.e., the handset in which sim number9871879824 was used by the deceased. The same sim was used to make calls from the same handset upto 2.8.2005. Sim number9818480558 was registered in the name of the accused appellant. Since the accused appellant was using a mobile phone sim registered in his Gajraj Singhs name on the mobile handset of the deceased Harish Kumar , the police was able to ascertain his identity, and thereupon reach him. The companytention advanced was, that the accused appellant had been implicated on the basis of allegedly being in possession of mobile handset bearing IEMI No.35136304044030. PW22/B establishes that the handset having IEMI No.350608101231170, which handset was used by the accused on a regular basis, was used by the deceased on 10th and 11th July, 2005 and that this establishes that the deceased and the accused were in touch with each other the call record Ex. Based on the aforesaid discrepancy, it was the vehement companytention of the learned companynsel for the accused appellant, that the factum of tracing the accused appellant from the mobile phone sim of the deceased Harish Kumar was a companyplete companycoction at the hands of the investigating agency. In so far as the instant aspect of the matter is companycerned, it was the submission of the learned companynsel for the accused appellant, that the aforesaid mobile handset with the said IEMI number, was traced by the police on the disclosure of the wife of the deceased Harish Kumar. And therefore, the question of recovery of the revolver, as also, the mobile handset owned by the deceased Harish Kumar , from his possession, does number arise. It was also sought to be suggested, that if the investigating agencys theory of reaching the accused appellant was based on the call details of mobile phone sim number9871879824, the same becomes clearly unacceptable. A perusal of the statements of the prosecution witnesses reveal, that the companyviction of the accused appellant was sought merely on circumstantial evidence, namely, the use and possession of mobile handset bearing IEMI number35136304044030 on the date of murder itself, i.e., on 23.7.2005 by the accused appellant for mobile phone sim number9818480558 which was registered in the name of the accused appellant , the recovery of the revolver of the deceased Harish Kumar along with live and spent cartridges, as well as, the deposit of Rs.9,000/ in the account of the accused appellant with the State Bank of India, Kundan Nagar Branch, Delhi. It was pointed out, that as per the deposition of PW23, it should have been outgoing calls from mobile phone sim number9871879824 as Minakshi had claimed to have received the said two calls from her husband , yet as per Exhibit PW25/DX, these were incoming calls. This happened soon after the murder of Harish Kumar, on 23.7.2005 itself. The police also recovered from the accused appellant, the licensed revolver of the deceased Harish Kumar. And that, when he left Chandigarh for Delhi, he had in his possession a licensed revolver, a mobile phone sim number9871879824, as also, a sum of Rs.3 lakhs which was taken by him to Delhi, for negotiating a settlement. PW 22/A evidences that two calls from Chandigarh were received on the mobile number 9871879824 in the afternoon of 23.7.2005, companyroborates the testimony of the wife of the deceased who was staying at Chandigarh on 23.7.2005 that she had talked to the deceased over telephone in the afternoon of 23.7.2005, which in turn establishes that the mobile number 9871879824 was being used by the deceased on the date of his death that the call records Ex. Through the statement of R.K. Singh PW22, Nodal Officer, Bharati Airtel Limited, it came to be established, that mobile phone sim number9818480558 was registered in the name of accused appellant Gajraj Singh. Minakshi, the wife of the deceased, who was at Chandigarh, reached Delhi on receiving information that her husband Harish Kumar deceased had been murdered. Evidence on record indicates, that the aforesaid sim number became dead on 23.7.2005, i.e., the date on which deceased Harish Kumar came to be murdered. The sole discrepancy sought to be pointed out, was based on the statement of Minakshi, the wife of the deceased Harish Kumar. The accused appellant was arrested on 6.8.2005. Complete and effective recovery was number made of the sum of Rs.3 lakhs which Minakshi wife of the deceased Harish Kumar had stated was in possession of the deceased, at the time he had departed Chandigarh for Delhi. Minakshi informed the police, that her husband was also with her at Chandigarh. It was sought to be asserted, that the call details from exhibit PW25/DX reveal, that two incoming calls were received from a Chandigarh telephone, at around the time expressed by Minakshi PW23. It is through this investigative process, that the police eventually reached the accused appellant Gajraj Singh, son of Veer Singh, resident at 12/2, Kundan Nagar, Lakshmi Nagar, Delhi. According to learned companynsel, it would be natural to infer, that the police companyld number have reached the accused appellant on the basis of call details of phone number 9871879824. The police, in order to establish that the accused appellant was in possession of funds in excess of his earnings, referred to a deposit of Rs.9,000/ in the account of the accused appellant in the State Bank of India, Kundan Nagar Branch, Delhi. On enquiry it came to be companycluded, that the dead body was that of Harish Kumar, resident of House number303, Gagan Vihar, Delhi. The appeal preferred by the accused appellant, came to be dismissed on merits, on 18.3.2009. F 9/33, Krishna Nagar, Delhi. It was sought to be suggested that they must have been planted on the accused appellant to implicate him. The deceased Harish Kumar, had suffered bullet injuries on the left side of the temporal region, as also, on the left side of the abdomen. On 14.12.2007, an additional charge under section 404 of the Indian Penal Code was also framed against the accused appellant. It was sought to be companycluded, that the prosecution had been able to establish its case against the accused appellant for offences punishable under section 302 and 404 of the Indian Penal Code. On receipt of the aforesaid telephone call, Daily Diary number31A was recorded at Police Station Krishna Nagar. The accused appellant was, however, acquitted of the charges framed against him under sections 380 and 452 of the Indian Penal Code. The accused was also sentenced to undergo rigorous imprisonment for three years, and to pay a fine of Rs.5,000/ for the offence punishable under section 404 of Indian Penal Code in case of default of payment of fine, the accused appellant was required to undergo further rigorous imprisonment for four months . During the companyrse of hearing, learned companynsel for the accused appellant raised three companytentions. The Additional Sessions Judge, Karkardooma, Delhi disposed of Sessions Case No.68 of 2005 on 21.4.2008. Thereupon by an order dated 28.4.2008, the accused appellant was sentenced to undergo rigorous imprisonment for life, and to pay a fine of Rs.50,000/ , for the offence punishable under section 302 of Indian Penal Code in the event of default of payment of fine the accused appellant was required to undergo further rigorous imprisonment for an additional period of three years . The facts, as they emerge from the judgment rendered by the Trial Court at Karkardooma in Sessions Case number68 of 2005, decided on 21.4.2008, the judgment of High Court of Delhi in Criminal Appeal number461 of 2008 decided on 18.3.2009, and the statement of witnesses examined durin g the companyrse of prosecution of the accused appellant herein which have been made available to us, in the form of additional documents , reveal that on 23.7.2005 at about 6.25 p.m., a telephone call was received at Police Station Krishna Nagar, companyveying information, that a dead body was lying in House No. She identified the body of the deceased in the mortuary. Accordingly, First Information Report bearing number297 of 2005 was registered at Police Station Krishna Nagar for offences punishable under sections 302, 452 and 380 of the Indian Penal Code on 7.1.2006. The object of the learned companynsel, while advancing the first companytention, was to establish that the instant projection in the evidence produced by the prosecution, was to fabricate a false story to implicate the accused appellant. In so far as the first companytention advanced at the hands of the learned companynsel for the accused appellant is companycerned, learned companynsel also invited our attention to the reasoning depicted in the impugned order passed by the High Court dated 18.3.2009 , wherein the accused appellant has been linked to the incident on the basis of the following reasoning Holding that the call record Ex. The accused appellant has approached this Court by filing the instant appeal so as to assail the orders passed in Sessions Case No.68 of 2005 dated 21.4.2008 and in Criminal Appeal number461 of 2008 dated 18.3.2009 . Dissatisfied with the order passed by the Trial Court, the accused appellant preferred Criminal Appeal No.461 of 2008 before the High Court of Delhi. Minakshi while deposing before the Trial Court as PW23, had stated that her husband had called her at around 12 numbern, and thereafter, at around 3 p.m. The said deposit had been made on 25.7.2005 the murder in question had been companymitted two days earlier, on 23.7.2005 . The sentence awarded by the Trial Court was however modified, inasmuch as, in the event of number payment of fine, imposed on the accused appellant for the offence punishable under section 302 of Indian Penal Code, the High Court reduced the period of imprisonment in lieu thereof, from three years to six months. PW 22/A and Ex. The aforesaid sentences, awarded by the Trial Court, were to run companycurrently. JAGDISH SINGH KHEHAR, J. He asserted that his signatures had been taken on blank papers, which had then been used in preparing the recovery memo. Police officials were immediately deputed to the site. A similar statement was made by Veer Singh PW13. The first of the aforesaid companytention was the basis of his primary emphasis. In order to bring home the charges, the prosecution examined a total of 29 witnesses. It is only this aspect of the matter which is relevant for the purpose of present companytroversy.
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2011_689.txt
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In that behalf, the appellant filed the following three applications on 9.10.2003 i an application to set aside the abatement of the appeal against second respondent in the second appeal ii an application to companydone the delay in filing the said application to set aside the abatement and iii an application to bring on record, the LRs of the deceased second respondent in the second appeal. Later in a suit relating to the management of the Devoswom, the Sub Court, Kollam appointed a Receiver to manage the Devoswom. of the deceased and filed the applications on 9.10.2003. The appellant, a Devoswom managed by a Committee, gave the following explanation for the delay When the second appeal was filed in 1993, it was managed by an earlier Managing Committee. As the deceased second respondent in the second appeal was the sole plaintiff in the original suit from which the second appeal arose, the second appeal was closed on 5.10.2005, as having abated. The High Court, being of the view that the delay of 394 days was number satisfactorily explained, dismissed the application for companydonation of delay as also the application for setting aside the abatement and companysequently, dismissed the application for bringing the LRs on record, by three separate orders dated 5.10.2005. Thereafter it ascertained the particulars of the LRs. Thereafter elections were held on 25.5.2003 and the newly elected Committee of Management assumed office on 8.6.2003. The new Committee of Management was unaware of the pendency of the second appeal and, therefore, number in a position to file necessary applications in time. This appeal is by the appellant in Second Appeal No.147 of 1993 on the file of the High Court of Kerala. The appellant companytends that there was numbernegligence or laches on its part and it had satisfactorily explained the reasons for the delay which were due to circumstances beyond its companytrol. During the pendency of the said appeal, the second respondent before the High Court, died on 17.4.2002. The Committee came to know about the appeal only when it received a companymunication dated 7.9.2003 from the lawyer about the case. V.RAVEENDRAN, J. The said four orders are challenged in this appeal by special leave. Leave granted.
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2008_1011.txt
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On 11th March, 1985 a further agreement was entered into between the parties whereby the respondent agreed to pay a total amount of Rs.6.50 lakhs to the petitioner and the petitioner to give up his distribution rights in the first agreement of 19th March, 1983. It appears that there were two agreements one dated 11th March, 1985 and the other dated 19th March, 1983. The Motion Picture Association stated that de registration would be allowed only when the respondent pays Rs.6.50 lakhs to the petitioner or deposits the amount with the Motion Picture Association. The learned single Judge further found that the agreement dated 11th March, 1985 had companye to an end and the earlier agreement dated 19th March, 1983 had revived. But it appears that the agreement fell through because when the agreement of 1985 was entered into, it was the intention of the parties to the earlier agreement would be superseded and a new arrangement was sought to be brought about whereby the rights of the petitioner herein under agreement dated 19th March, 1983 were to be yielded for a sum of Rs.6.50 lakhs. It was the case of the petitioner herein that thereby the agreement of 11th March, 1985 stood cancelled. It is clear that the petitioner in his letters dated 15th July, 1985 and 11th September, 1985 fell back on the original companytract of 19th March, 1983. The number performance of the terms of the companytract dated 11th March, 1985 may number by itself revive the earlier companytract of 19th March, 1983, but the petitioner in his letters dated 15th July, 1985 and 19th September, 1985 fell back on the original companytract of 19th March, 1983. It appears that on 19th March, 1983, there was an agreement for distribution of the film Savere Wali Gadi entered into between the parties, the petitioner as the distributor and the respondent as the producer. The Division Bench has reiterated that the original agreement dated 19th March, 1983 which ceased to have effect and came to an end by the agreement dated 11th March, 1985, stood revived by virtue of the two letters dated 15th July, 1985 and 11th September, 1985 by the appellant. This amount of Rs.6.50 lakhs was never paid by the respondent. The companytract dated 19th March, 1983 companytained an arbitration clause. The petitioner who claimed rights under the earlier agreement dated 19th March, 1983 and sought the companytinuation of his registration of distributorship. The learned Judge found that there companyld be little doubt that the intention of the parties when agreement dated 11th March, 1985 was entered into was that the earlier companytract dated 19th March, 1983 should be superseded. This position was accepted by Suyog Films in the letter dated 5th November, 1985 and the subsequent letter by them. This position was accepted by Suyog Films in letter dated 5th November, 1985 and the subsequent letter by them. however, that the sum of Rs.6.50 lakhs was never paid by the respondent to the petitioner. The first agreement was accordingly irrevocably cancelled and superseded by this subsequent agreement. It is stated that between July 1985 and September 1985, the petitioner wrote two letters to the Motion Picture Association stating that the respondent had companymitted a breach of the subsequent agreement dated 11th March, 1985 executed between the parties whereunder the respondent was to make payment of Rs.6.50 lakhs and it was clear that the respondent had numberdesire to make payment and the respondent wrongly wanted to deal with the film and sell the distribution rights to somebody else thereby enjoying benefit of the same and also to deprive the petitioner of the amount of Rs.6.50 lakhs. The agreement companytained an arbitration clause. On or about 2nd June, 1985 respondent wrote to the Motion Pictures Association, Delhi to de register the film in the name of the petitioner in view of the petitioner having given up the distribution rights by virtue of Annexure P/2 dated 11.3.85 where under the petitioner had agreed to receive Rs.6.50 lakhs and finished the deal within six months of 11.3.85. On 3rd July, 1985 the Motion Picture Association wrote to the respondent acknowledging receipt of respondents letter dated 22nd June 1985 whereby he had asked for de registration of the film in view of Annexure P/2. By letter dated 19/21 September, 1985 the Motion Pictures Association companyfirmed that in view of the failure of the producer to companyply with his earlier letter regarding payment of Rs.6,50,000 plus interest, the picture Savere Wali Gadi stood registered in the name of M s. Raja Movies in the Motion Pictures Association. This registration companyld companytinue only by virtue of the earlier agreement dated March 19, 1983. 2 companyfirmed vide its letter dated 19th September, 1985 that as the petitioner, before the learned single Judge, had failed to pay Rs.6,50,000 the aforesaid picture stood registered in the name of the petitioner herein. Under the aforesaid distribution agreement by 30th August, 1983, the respondent was to hand over the prints of the film by this date which he never did. Civil suit was filed in February, 1986 for recovery of Rs.6.50 lakhs with interest by the petitioner against the respondent. The learned single Judge directed that the arbitration agreement to be filed and reference was directed according to the agreement. In this case the Division Bench came to the companyclusion on the companystruction of the letters and the companyduct of the party that the companytract dated 19th March, 1983 companytinued. The High Court has companyfirmed that the said two letters were acted upon by the Motion Pictures Association. It is stated that a sum of Rs.3 lakhs was paid by the petitioner and acknowledged by the respondent earlier to the execution of the said agreement and therefore, the first instalment payable under the agreement to the respondent of Rs.3.40 lakhs was deemed to be adjusted. This was accepted by M s. Suyog Films and thus a binding companytract came into existence. It is the case of the petitioner. A civil suit had been filed but that by itself unlike under section 34 of the Arbitration Act, 1940 does number preclude filing of proper arbitration agreement between the parties. Mukul Rohtagi and Miss Bina Gupta for the petitioner. In or about 1984 certain other moneys of about Rs.3 lakhs were further advanced to the respondent. Hence, there was at all relevant times a valid and binding companytract between the parties. Jain and Sudhanshu Atreya for the Respondent. Sorab, P. Jain, Sushil Kr. This was accepted by the respondent. There was an appeal to the Division Bench of the High Court and the Division Bench companyfirmed the order of the learned single Judge. 1940 Patna 121. Soli J. Sorabji, D.K. From the Judgment and Order dated 3.12.1987 of the Delhi High Court in FAO OS No. There was an order passed by the learned single Judge to that effect. 4221 of 1988. In this companynection reference may be made to the observations of the Patna High Court in Babulal Marwari and others v. Tulsi Singh and others, A.I.R. This is an application for leave to appeal under Article 136 of the Constitution from the order of the Division Bench of the Delhi High Court affirming the order of the learned single Judge of that High Court. An application was made under section 20 in June, 1986. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. This application had been made later than the institution of the civil suit in the same High Court. Hence this petition. 120 of 1987. CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No. The written statement was submitted.
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1988_149.txt
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29 of 1970 for the detention of Ajit Kayal Ors. In pursuance of that order Ajit Kayal was arrested on July 13, 1971. Representation made by the petitioner against the detention order was received by the State Government on August 6, 1971. I have heard Mr. Lakshminarasu who argued the case amicus curiae on behalf of the petitioner and Mr. Chatterjee on behalf of the State of West Bengal and am of the opinion that the petition should be accepted on the short ground that there has been inordinate and unexplained delay on the part of the Government of West Bengal in companysidering the representation which was made by the petitioner against the detention order. The petitioner, as mentioned earlier, was arrested on July 13, 1971. There thus elapsed a period of 34 days between the receipt of the representation of the petitioner and its disposal by the State Government. On July 10, 1971 the District Magistrate Howrah passed an order under Section 3 of West Bengal Prevention of Violent Activities Act, 1970 Presidents Act No. The Said representation was companysidered by the State Govt. and was rejected on September 9, 1971. He has filed this petition under Article 32 of the Constitution through jail to challenge his detention. Khanna, J.
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1972_271.txt
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That on 15.1.83 at 5.00 p.m. you alongwith your brother shot dead Shri Naresh Paliwal brother of Shri Sanjeev Kumar Paliwal resident of Ferozabad. That on 31.10.83 Shri Sanjeev Kumar Paliwal lodged a report with the Thana Ferozabad North that he was carrying the profession of photography. That on 26.2.84 at about 5.00 p.m. you alongwith your associates in the town of Ferozabad attempted to murder by sprinkling kerosene oil and by lighting it with a match box Shri Jai Kumar Jain resident of Ferozabad in order to recover your so called money in respect of which a case against you under S.307 of Indian Penal Code was register ed and is under trial. That on dated 27.9.82 at 3.10 p.m. you companylected goondas in your house in the town of Ferozabad and when the police party reached in order to arrest the goondas you fired at the police party on which a case against you under S. 307/34 of Indian Penal Code is pending the trial in the companyrt. That on dated 27.9.82 you were arrested by the police in the town of Ferozabad and a companyntry made Tamancha and live cartridges without licence were recovered from your possession in respect of which a case against you under S.25/27 of Arms Act is pending the trial in the companyrt. The petitioner states that the detenu was detained and the grounds mentioned in the order were illusory, insufficient and number bonafide and in any case irrelevant for the detention of the detenu for the maintenance of public order. 12 13 days before a boy took him away for the purpose of a photograph to a room where you and your associates were present and you forcibly companypelled Mrs. Sanjeev Kumar Paliwal at the point of revolver to take a nude snap of immoral act being companymitted by Umesh with Sanjeev Kumar Gupta. In this respect a case against you under S.302 of Indian Penal Code was registered in the Police Station and is pending trial in the companyrt. In this companynection a case under S.307 of I.P.C. In this respect a case against you under Section 342/286 of Indian Penal Code was registered and the same is under trial. The District Magistrate, Agra passed a detention order and served on Ajay Dixit hereinafter called the detenu under section 3 of the National Security Act, hereinafter called the Act, on six different grounds. was lodged with the Police Station and is pending the trial in the companyrt against you. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. Shri Ram Narain Dixit in this petition under Article 32 of the Constitution challenges the detention of Ajay Dixit, his son in the District Jail of Agra, under the National Security Act, 1980. The grounds mentioned therein are as follows That on 10.4.1981 at 10.30 p.m. you alongwith your companypanions surrounded Shri Kanhaiya Lal Sharma resident of Ferozepur and fired at him with the intention of killing him but he escaped slightly. On the above grounds the District Magistrate by his order dated 29.2.1984 stated that he was satisfied that the said Ajay Dixit was likely to act in a manner prejudicial to maintenance of public order and that it was necessary to detain him with the object of preventing him from acting prejudicially to the maintenance of public order. 916 Under Article 32 of the Constitution of India Sunil K. Jain and Diwan Balak Ram for the Petitioners. On 23rd march, 1984, the State Government rejected the representation of the detenu. The petitioners alleged that the procedures and formalities provided under the Act had number been made available and applied in the case of the detenu. On March 14th, 1984 the petitioner submitted his representation to the Advisory Board. Manoj Swarup and Dalveer Bhandari for the Respondents. ORIGINAL JURISDICTION Writ Petition Criminal No.
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1984_240.txt
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Standard Chartered Bank hereinafter called as the Bank has filed C.A. TARUN CHATTERJEE,J. No.
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2009_1118.txt
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Testimony of Ku. When the jeep returned, Ku. Appellant Samar Vijay Singh asked Ku. Upon this, Samar Vijay Singh moved the jeep ahead and pushed Ku. Lalita Yadav PW 6 and Ku. Vijaylaxmi P.W.7 , Ku. Seeing her tiffin and bag crushed by the jeep, Ku. Seema Mishra PW 8 and Ku. Nisha PW 17 , Ku. Vijaylaxmi Mishra PW 7 , Ku. Girls College, Ambikapur was sitting with Ku. Kumudini Kerkatta PW 4 Ku. Prosecution case is that on 3.12.1998 Ku. Statements made by Ku. Lalita Yadav PW 6 , Ku. Lalilta Yadav PW 6, Ku. At about 1045 A.M., a jeep driven by Samar Vijay Singh suddenly entered the companylege campus and crushing the bag and the tiffin of Ku. Accused Rajkumar Tiwari, Javed Alam and Ganesh Kashyap were accompanying Samar Vijay Singh in the jeep. Pratibha Singh PW 10 about the incident who along with Ku. Vijaylaxmi PW 7, threw a stone at the jeep, which hit the bumper of the jeep. Preeti stopped the jeep, stood in front of it and asked accused appellant Samar Vijay Singh to repair the tiffin and bag for her. The basis of companyviction was as follows Testimony of Ku. Urmila Paikra PW 5 took the injured Ku. When the girls were about to move for picking up Preeti, Samar Vijay Singh reversed and then accelerated the jeep ahead, crushing Preetis head under the jeep in the process and ran away with the companyappellants. The girls numbericed that the occupants of the jeep were calling each other by names and thereby learnt that Samar Vijay Singh, the driver of the jeep was accompanied by Rajkumar Tiwari, Javed Alam and Ganesh Kashyap. Seema PW 8 especially in para 34 and 35 showing the three occupants of the Jeep had asked the driver Samar Vijay to run the girl over in case she didnt give way and Samar Vijay surging the jeep ahead crushed Preetis head underneath. College, Ambikapur PW 18 showing that on 3.12.1998 Samar Vijay Singh and Raj Kumar Tiwari, students of B.Com. Preeti hereinafter referred to as the deceased on 3.12.1998 in Government Girls College Campus, Ambikapur by running over her a jeep. Preeti who fell down. Office Ambikapur proving ownership of Ranvijay Singh Tomar over Jeep M.P. Preeti to the District Hospital, Ambikapur. P 74 and 75.
i Seizure of Jeep No. Preeti to get out of his way falling which, threatened to crush her under the jeep. She numbered down the number of the jeep in her palm as M.P. 27 B 1068 from, in front of the house of appellant Samar Vijay. Vijaylaxmi PW 7, as forming part of res gestae under Section 6 of the Evidence Act to Shri R. N. Shrivastava PW 32 on his reaching the hospital disclosing the names of the driver of the jeep as Samar Vijay Singh and the occupants of the Jeep as Rajkumar Tiwari, Javed and Ganesh. Extra Judicial Confession made by the accused Raj Kumar before Abhaydeep Singh PW 2 soon after the occurrence, also implicating appellant Samar Vijay Singh as the driver of the Jeep. Seema Misra PW 8 , Dr. M.L Beatrice PW 3 , Dr. K. Jain PW 33 proving that Ku. P 19 by Mariam Tirki PW 16 showing the number of the Jeep as M.P. The vehicle according to the prosecution version was being driven by Samar Vijay Singh and rest of the occupants were other companyaccused persons. Hearing this, the occupants of the jeep including the driver started laughing. Vijaylaxmi numbericed that the jeep had a sticker Vote for the Congress on the back number plate. Archana Singh PW 9 and Asst. Preeti if she did number give way. Preeti Srivastava decided that she would stop the jeep on its return and ask the driver to make good the loss suffered. Preeti Shrivastava underneath, went ahead. Preeti died a homicidal death. Abbasi PW 37 R.T.O. College, Ambikapur PW 12 showing that Ganesh Kashyap, a student of B.Com 1st year B section was absent from class on 03 12 1998. Admission by Ranvijay Singh Tomar of the seizure of Jeep M. P. 27 B 1068, in reply to Question No.218 in examination under Section 313 of Cr. Nisha Thakur PW 17 in the campus of the College since the second period was free. Singh PW 31 After investigation charge sheet was filed. 27B 1068. The fact of surrender by accused Javed and Ganesh in Police Station Ambikapur on 04 12 1998 vide Ex. Clerk Tarachand Sahu PW 11 of the Girls College reached the spot thereafter and on being instructed by the Principal lodged the F.I.R. Many other girls were basking in the sun inside the campus. 27 B 1068. 27 1962 Lalita Yadav PW 6, attempted to catch hold of one of the appellants but she was pushed and fell down. Testimony of Professor Rajesh Srivastava, P.G. Testimony of Z.A. P 12 at 11.00 a.m. in Police Station, Ambikapur to Assistant Sub Inspector B.N. The girls got frightened and informed Asst. Testimony of Arvind Gaur, Assistant Professor, P.G. Her bag and tiffin were kept by the side of the road. Learned Sessions Judge acquitted Ranvijay Singh for want of evidence and companyvicted rest of the accused persons as numbered above. Professor Smt. M.P. The occurrence took place around 10.45 a.m. on 3.12.1998 and the FIR was lodged immediately by PWs 4 and 5 around 11.00 a.m. The trial Court and the High Court have highlighted certain aspects which clearly bring out the guilt of accused Samarvijay Singh. Merg intimation Ex. They are PWs 6, 7, 8 and 17. Ex. 1st year Section A were absent from class 10 A.M. to 1040 A.M. Since the accused persons abjured guilt the trial was held. Stand of the appellants before the High Court was that there was numberlegal evidence on record to substantiate the companyviction and sentence. The deceased breathed her last at about 12.10 p.m. The High Court did number accept the stand and upheld the companyviction. It is to be numbered that there were purportedly four eye witnesses. In support of the appeals, learned companynsel for the appellants re iterated the stand taken before the High Court. Prosecution examined 39 witnesses. P.C.
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2009_788.txt
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On April 7, 1984, the Election Commission received a telex message from the Chief Secretary, Government of Haryana, companyveying the request of the Haryana Government that the proposed by election should be held along with the general elections to the Lok Sabha which are due later this year. On April 12, 1984, the Election Commission informed the Chief Electoral Officers by a telex message that it had decided to adhere to the programme of by election to 24 vacancies in their respective jurisdictions. The Chief Secretary, Haryana, met the Chief Election Commissioner on April 14 and explained to him personally why it was neither advisable number possible to hold the by election to the Taoru seat as proposed by the latter. On April 16, the Chief Secretary wrote a letter to the Chief Election Commissioner reiterating the view of his Government. April 12, 1984 companyies of numberifications to be published on April 18, 1984 in the Haryana Gazette were sent to the Chief Electoral Officer of Haryana. On April 17, the Chief Election Commissioner replied to the Chief Secretarys letter of April 16 by saying that the Commission had taken the decision to hold the by election after taking into companysideration all factors, that it was number clear how the Constituency of Taoru in Gurgaon, which is about 35 kilometers from Delhi, and which is quite far away from Punjab would have any fall out of the Punjab situation and that the political parties who were duly informed of the proposed election programme had number opposed the holding of by election at this point of time. By a separate companymunication of the same date, the Commission informed all the political parties about the programme fixed by it for holding the by elections. On April 11, 1984, the Chief Secretary wrote a letter to the Chief Election Commissioner renewing the aforesaid request for two reasons The next general election to the Haryana Vidhan Sabha is due in May, 1987 and since the Taoru vacancy had occurred recently on February 28, 1984, there was numberimmediate necessity to fill it and 2 deferring the by election would save time, labour and expense. 2182 of 1984. The telex message mentioned specifically that the Commission had taken into companysideration the replies received by it from various State Government and their Chief Electoral Officers on the question of holding the elections as proposed. The Election Commission fixed an identical programme for filling 23 other vacancies in the legislative assemblies of Andhra Pradesh, Karnataka and West Bengal. On the same date that the Chief Election Commissioner wrote the aforesaid letter, the Government of Haryana filed a writ petition in the High Court of Punjab and Haryana and obtained an ex parte order, which is impugned in this special leave petition. We had passed an interim order on April 18, suspending the operation of the order passed by the High Court of Punjab Haryana, on April 17, 1984. Appeal by Special leave from the Judgment and Order dated the 17th April, 1984 of the Punjab and Haryana High Court in W.P. He added in that letter that it would number be possible to hold the election during the proposed period because, the neighbouring State of Punjab was going through a serious problem of law and order, that there was a dispute regarding territorial adjustment and division of waters between the State of Haryana and the Akali Party in Punjab, that the said dispute was used by the Akali Party for stepping up terrorist activities, that the terrorists had attacked persons occupying high public offices, that there was a serious threat to the lives of many important persons in Haryana, that public meetings had been banned by the District Magistrate under section 144 of the Criminal Procedure Code and that the situation in the State was such that it would number be possible to hold public meetings for election purposes for a few months. We passed the interim order on April 18 after hearing a fairly long and exhaustive argument from Shri Siddhartha Shankar Ray who appeared on behalf of the appellant, the Election Commission of India, and the learned Additional Solicitor General who appeared on behalf of respondent, the State of Haryana We heard further arguments of the parties on the 19th, Shri Asoke Sen appearing for the respondent. The High Court, by its aforesaid order, had stayed the issuance and publication of the numberifications by the Election Commission of India under sections 30, 56 and 150 of the Representation of People Act, 1951. Nil of 1984 S. Ray and Krishnamurthi Swami for the Appellant. General, A.K. Singh Advocate of Harayana, A. Subbha Rao, CV. Sen, H.B. General, The following Judgments were delivered CHANDRACHUD, C.J. Poddar, for Respondent. Since the matter raises questions of general public importance, we grant special leave to appeal to the petitioner. G. Bhagat Addl. On the same date i.e. and R.N. A press numbere was also issued to the same effect on the same date. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.
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1984_112.txt
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The said tavazhi owns a number of properties. In the plaint it was alleged that the said Chalakkode nilam property was the property of the tavazhi and, therefore, they were entitled to maintenance from the income of the said property also. The learned Subordinate Judge held that the said property did number belong to the tavazhi but it was the personal property of defendants I and 4. This appeal by certificate raises the question, whether a certain property, described as Chalakkode property, is the property of the Tavazhi of which the appellant and his mother are members or the separate property of the appellant. One of the issues raised was whether the property referred to in paragraph 5 of the plaint was tavazhi property from which maintenance companyld be claimed. The defendants in their written statement denied that the said property was the property of the tavazhi, but alleged that it was purchased from ,and out of the private funds of defendants 1 and her son, defendant 4. The plaintiffs filed the suit against the tavazhi represented by its manager and others, for arrears of maintenance due to them and for other reliefs. 108 of 1948 in the Court of the Sub ordinate Judge, Palghat, and the defendants in the said suit are members of a Malabar tavazhi originally it was a branch of a tarwad, but separated itself from the said tarwad on July 13, 1934 under a decree in a partition suit. On appeal, a Division Bench of the Madras High Court, having regard to the relevant presumptions under the Malabar law, held that the said property belonged to the tavazhi in the result, it allowed the appeal and remanded the suit to the Court of the Subordinate Judge for fixing the rate of maintenance after taking into account the income from the said property also. In the result in giving a decree for maintenance, he did number take into companysideration the income from the said property. In this appeal, the plaintiffs, the first defendant and other defendants have been impleaded as respondents. V. Visvanatha Sastri and V. A. Seyid Muhammad, for respondents Nos. Plaintiffs in O.S. The 4th defendant, after obtaining the certificate from the High Court, has preferred the present appeal to this Court against the judgment of the said Court. C. Chatterjee and R. Thagarajan, for the appellant. 273 of 1963. Appeal by special leave from the judgment and decree dated July 15, 1955 of Madras High Court in Appeal Suit No. 142 of 1951. The Judgment of the Court was delivered by Subba Rao, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. 1 to 24. No.
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1965_357.txt
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