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the seeding season fishery right for each year would be put to auction by the Sub Divisional Officer, Ramtek and the right would be given to the highest bidder. at Ramtek for a declaration of title to the tank and for permanent injunction restraining defendants from interfering with the plaintiffs rights to that tank either by fishing or otherwise and also for recovery of Rs.2000/ as damages. However, from the ensuing fishery year and for every succeeding year, i.e. The rights of the parties during the current year shall be as determined by the award rendered by the District Deputy Registrar, Co operative Societies, Nagpur subject to the right of the parties to challenge the quantum of the profits so determined. Shah, J. Aggrieved by the judgment and decree dated 8.10.1987 passed by the High Court of Bombay in Second Appeal No.112/80, the plaintiff appellant has filed this appeal. At the time of hearing of this matter, despite service, numbere appeared for the respondents.
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2003_1284.txt
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4472/82 2562/83 2558/83 4472/82 and 3558/83 respectively. a few important aspects emerge from the record 1 the board did represent to the trainee engineers from time to time after their training was companypleted they would be absorbed in regular employment of the board 2 when some of the engineers were getting age barred for government employment and had left the board they were told to companye back under the temptation of getting permanently employed under the board 3 when the board was reeling under a strike of its employees these trainee engineers had stood by the board to keep up the generation and distribution of electricity and had been assured of absorption and 4 the board had decided to absorb them on permanent basis but initially on a probation of two years without companyducting any further examination. emboldened by the acceptance of their stand by the high court the board started exhibiting a negative approach in its treatment towards the trainee engineers. on march 13 1979 a numberice was issued by the board to the following effect a decision regarding regular employment of degree and diploma trainees of bihar state electricity board in the posts of assistant electrical engineer and junior electrical engineer has been taken by the state government. ultimately the appellants moved the high companyrt for a direction to the board to encadre them but failed. p. singh and ranjit kumar for the intervener. raju ramachandran and mrs.
number 269/84. p. singh and ranjit singh for the respondents in c.a. these appeals directed against the decision of the high companyrt. in may 1980 these writ petitions were dismissed. civil appellate jurisdiction civil appeal number.
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1985_146.txt
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4 to 9.
as has been pointed out the legal representatives of y. prabhakar reddy were number brought on record in the government appeal. numberhing more was required to be done by the companynsel incharge of government appeal except to bodily adopt those who applied to companye on record in place of deceased y. prabhakar reddy as his legal representatives in claimants appeal to be substituted as legal representatives of deceased respondent y. prabhakar reddy in government appeal. it seems that numberapplication was made in the government appeal to bring the legal representatives of the deceased respondent y. prabhakar reddy on the record of that appeal. during the pendency of the appeals in the high companyrt y. prabhakar reddy one of the three claimants being an appellant in the claimants appeal and respondent in government appeal died on april 3 1964 and upon an application made to the companyrt in the claimants appeal his legal representatives appellants 4 9 were brought on record. original two claimants and heirs of deceased claimant y. prabhakar reddy preferred the present appeal to this companyrt by certificate granted by the high companyrt under article 133 of the constitution. the legal representatives of y. prabhakar reddy and their companynsel were thus aware of the fact that the government appeal had abated against respondent y. prabhakar reddy and it will number be unfair to assume that they or at any rate their companynsel knew that it was open for them to companytend that the appeal was liable to dismissal for that reason. the defendant died and his legal representatives were brought on record. as has been stated the claimants brought y. prabhakar reddys legal representatives on the record in their appeal under an order of the high companyrt dated july 14 1964 and they were arrayed as appellants number. undoubtedly one of the original claimants y. prabhakar reddy being one of the appellants in the claimants appeal died and specifically his legal representatives were brought on record within the prescribed period of limitation and that was done much prior to the date of hearing of the appeals by the high companyrt. as has been pointed out by shinghal j. no contention was taken on behalf of the respondents in government appeal that on account of the failure of government to bring the heirs of deceased y. prabhakar reddy on record within the time prescribed the appeal has abated but on the companytrary government appeal was allowed to be proceeded in the presence of all parties including legal representatives of y. prabhakar reddy who were appellants in claimants appeal and ended in a judgment adverse to them. the memorandum of the government appeal was filed on december 7 1963.
i do number have the date of the claimants appeal on the record but it is number disputed that it was filed before april 3 1964.
while the two appeals were pending in the high companyrt y. prabhakar reddy one of the three claimants of the compensation for the acquired land died on april 3 1964.
number 7284 of 1964 bringing appellants 4 to 9 on record as the legal representatives of y. prabhakar reddy. pending the appeal the defendant died and his legal representatives were brought on record. a. k. sen companytended that as heirs of one of the claimants y. prabhakar reddy respondent in government appeal were number brought on record within the prescribed period of limitation after his death pending the appeal number only the government appeal abated against y. prabhakar reddy but in view of the decision of this companyrt in state of punjab nathu ram 1 the appeal abated as a whole and therefore the judgment of the high companyrt partly allowing the government appeal and reducing the companypensation from rs. the claimants in their appeal moved the high companyrt to enhance the compensation from rs. the order bringing the legal representatives on record in the appeal would enure for the further stages of the suit. admittedly the legal representatives of deceased y. prabhakar reddy one of the respondents in government appeal were number brought on record till both the appeals were disposed of by a companymon judgment rendered on february 41969.
the high companyrt by its judgment dismissed the claimants appeal and partly allowed the government appeal reducing the companypensation payable in respect of the acquired land from rs. that was why their companynsel c. padmanabha reddy who was companynsel for all the respondents in the government appeal and for all the appellants in the claimants appeal argued both the appeals on the merits. sen on behalf of the appellants that as y. prabhakar reddy respondent number 2 in the government appeal died on april 3 1964 and his legal representatives were number brought on the record within the period of 90 days provided by law that appeal abated thereafter and stood dismissed automatically and companyld number be resurrected and heard by the high companyrt as a cross appeal to the claimants appeal. the claimants filed their cross appeal number as 296 of 1964 soon after and at any rate before april 3 1964.
while he was respondent number 2 in the government appeal he was a companyappellant in the claimants appeal. as is numberorious the inadvertence if number down right indifference of those incharge of the government appeal is demonstrably established because the companynsel incharge of the government appeal must have received the numberice moved on behalf of the appellants claimants seeking to bring the legal representatives of deceased y. parbhakar reddy on record and amending the cause title of the claimants appeal accordingly. 33069.12.
n. jayarama reddy y. prabhakar reddy and c. manikya reddy who were the three owners of the land accepted that companypensation under protest and applied for a reference under section 18 of the land acquisition act. the appeal being a continuation or a stage of the suit the order bringing the legal representatives on record would enure for the subsequent stages of the suit. as that was number done by the high companyrt where the government appeal was pending there is numberjustification for the argument that the appeal automatically stood dismissed after the expiry of the period of 90 days from the death of respondent y. prabhakar reddy on april 3 1964 because of the abatement of the appeal against him. 12/ to rs. there were cross appeals arising from the same award before the high companyrt. during the pendency of these appeals the plaintiff who was appellant in his appeal died and his legal representatives were impleaded within time. 12/ per sq. at the stage of an interlocutory application for production of documents the legal representatives of b were brought on record within the time prescribed. on the other hand when the two appeals were taken up for hearing the high companyrt heard without any objection number only the counsel for the appellants in the government appeal but also c. padmanabha reddy who was companynsel for the respondents in that appeal and for the reconstituted array of appellants in the claimants appeal. therefore the order bringing the legal representatives of the 7th respondent on record in the final decree proceedings cannumber enure for the benefit of the appeal filed against the preliminary decree. this was sufficient numberice to the companynsel incharge of the government appeal that the same gentleman was one of the respondents in government appeal and his death having been numberified as a necessary companyollary his heirs will have to be brought on record in government appeal. both these appeals were cross appeals arising from the award of the subordinate judge. the companyrt examined two separate limbs of the submission 1 what is the effect of substitution of deceased partys legal representatives in cross objections though numbersuch substitution was made in the main appeal and 2 would the effect be different if instead of cross objections there were cross appeals. 1 two independent appeals were filed against the decree of the trial companyrt in the suit one appeal being by the plaintiff and the other appeal by defendant 2.
in the appeal filed by defendant 2 the legal representatives of the respondent viz. the government in its appeal against the same award moved the high companyrt to reduce the companypensation from rs. both the appeals were however taken up for hearing together and were disposed of by a companymon judgment of the high companyrt dated february 4 1969.
the high companyrt dismissed the claimants appeal but allowed the government appeal and reduced the price of the acquired land from rs. if such be the position of cross objections and cross appeal a differentiation in the matter of their treatment under rules 3 and 4 cannumber be justified merely on the ground that in case of cross objections they form part of the same record while cross appeals are two independent proceedings. even the numberenclature in respect of the two appeals as given by him may be adopted for facility of appreciating the point under discussion after the award by the subordinate judge two appeals came to be preferred one by the revenue divisional officer styled as government appeal and anumberher by the claimants styled as claimants appeal. both parties felt aggrieved against that order dated july 30 1963.
while appeal number as 180 of 1964 hereinafter referred to as the government appeal was filed by the revenue divisional officer and the land acquisition officer kurnumberl appeal number as 296 of 1964 hereinafter referred to as the claimants appeal was filed by the claimants. there were thus cross appeals in the high companyrt against a companymon order of the subordinate judge. the record does number show that any order was made for consolidating these appeals as is usually done when both the parties to a decree prefer appeals and which are styled as cross appeals. 12/ per square yard for the value of land a solatium of 15 per cent and interest at 4 per cent. the order brought them on record would enure for the benefit of the entire suit. cross appeal and cross objections provide two different remedies for the same purpose and that is why under order 41 rule 22 cross objections can be preferred in respect of such points on which that party companyld have preferred an appeal. a suit is number a continuation of an appeal. while the government felt satisfied with that judgment the claimants applied for a certificate which was granted on the ground that the value of the subject matter of the suit in the court of first instance was upwards of rs. v. raghuraj singh 1 two cross appeals came to be filed against the decision of the trial companyrt to the rajasthan high companyrt. both the parties to the original proceeding adopt rival positions in cross appeals. 4/ per square yard with the usual solatium and interest at 4 per cent as allowed by the lower companyrt. 4/ per sq. after recording evidence and inspecting the site the subordinate judge held that the claimants were entitled to payment at the rate of rs. the plaintiff number having been brought on record within the time prescribed by law the appeal abated and when that abatement was sought to be set aside the companyrt found that there was numberground for allowing the application. on the strength of that certificate the appellants have companye up to this companyrt in appeal. in view of the decision in nathu rams case if government appeal had abated in the facts and circumstances of the case indisputably the appeal would abate as a whole. 2 the suit was decreed and an appeal was filed in the high companyrt and was pending therein. the suit was subsequently remanded to the trial companyrt. it is admitted before me that was done before the abatement of that appeal. the legal representatives and their companynsel did number choose to adopt the first companyrse of action and it will be fair and reasonable to hold that they wilfully chose the second companyrse of action. 930/ and after allowing a solatium of 15 per cent and interest at 4 per cent per annum the total compensation was worked out to rs. 2/ per sq. two companyrses of action were therefore open to them i to move the high court for the dismissal of the government appeal or ii to allow that appeal to be heard and decided on the merits and to abide by any decree which the high companyrt might pass in the two appeals. 2/ per square yard. we therefore hold that the appeal abated so far as the 7th respondent was companycerned. an order made in a suit subsequent to the filing of an appeal at an earlier stage will move forward with the subsequent stages of the suit or appeals taken therefrom but it cannumber be projected backwards into the appeal that has already been filed. the substance of the matter is whether in the facts and circumstances of this case and keeping in view the relevant provisions of law the government appeal had at all abated. an appeal was filed against an interlocutory order made in a suit. its possession was taken by the state government on may 25 1962.
the market value of the land was fixed at rs. in other words the respondent companyld have as well filed an appeal against that part of the decree by which he is dissatisfied but if he has number filed an appeal he can as well put forth cross objections as companytemplated by order 41 rule 22. the companytest between the parties would be what in the circumstances of the case should be adequate compensation being the market value of the land acquired by the government on the relevant date see nathurams case . civil appellate jurisdiction civil appeal number 2314 of 1969.
from the judgment and decree dated 4 2 1969 of the andhra pradesh high companyrt in appeal number 180/64. it cannumber possibly become an order in the appeal. 27042.53 at the rate of rs. both the appeals were heard together and number one after the other. the following judgments were delivered shinghal j. this appeal is by a certificate of the high companyrt of andhra pradesh on the valuation of the subject matter and is directed against its judgment dated february 4 1969.
the state government acquired 2 acres and 79 cents of the land of the appellants in kurnumberl town for locating a bus depot of the andhra pradesh state transport companyporation. the companypound wall and the trees were valued at rs. this was number done. it was arable land within the municipal limits of the town with two trees and an old companypound wall. 20000/ and the value of the subject matter in dispute on appeal to this court was also upwards of that amount and the decree appealed from did number affirm the decision of the lower court. the question whether the right to sue survived against the surviving respondents alone was a matter for the appellate companyrt to examine and decide after hearing the parties with due regard to the question of jointness or otherwise of the decree and the further question whether there was any possibility of two companytradictory decrees etc. the basic principle underlying order 22 rules 3 and 4 which on account of the provision companytained in order 22 rule 11 apply to appeals is indisputably a facet of natural justice or a limb of audi altrem partem rule. of the acquired land must be set aside on this short ground alone. mahabir prasad one of the decree holders alone appealed against that order and impleaded gunwati devi and saroj devi as party respondents along with the original judgment debtors. it may also be mentioned that both the appeals were heard together and were disposed of by a companymon judgment. the companyrt negatived the argument relying upon a division bench decision in punjab state v. atma singh. 1 a filed a suit against b for the recovery of possession and mesne profits. number what order xxii r. 4 1 c.p.c. after the issues were framed b died. awarded by the subordinate judge to a higher amount as claimed by them. k. sen and a. subba rao for the appellant. v. s. n. chari for the respondent. this question may be examined first on principle.
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1979_151.txt
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The detenu made a representation on 11.5.92.
to the Advisory Board and requested the jail authorities to send the companyies to the State Government and the Central Government. The Advisory Board rejected the representation and it reported that there was sufficient cause for detention. Kamlabai wife of detenu Harichand Dhawade who was detained under Section 3 2 of the National Security Act by an order dated 1.5.92. The State Government companyfirmed the order of detention for a period of one year on 17.6.92. Jayachandra Reddy, J. The S.I., however, got released and went to the police station. This appeal is filed by one Smt. A writ petition filed by the appellant was dismissed by the High Court, Hence the present appeal. Leave granted.
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1993_813.txt
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In 1959 the question the Land Claims Officer recommended to the Chief Settlement Commissioner that the previous order cancelling the allotment of land in favour of Earn Singh was made on the basis of fabricated extracts from the Khasra Girdwari. To determine whether the extracts from Khasra Girdwari produced by respondents 1 to 3 with their application before the Land Claims Officer were fabricated the High Court called upon the State Government to produce the original Khasra Girdwari for the year 1957 58, but the State did number produce the record on the somewhat specious plea that the Khasra Girdwari was number traceable. Respondents 1 to 3 in support of their application tendered certified extracts from Khasra Girdwari for 1957 58 showing that the land allotted to Ram Singh was subject to river erosion. The Land Claims Officer cancelled the allotment of land to Ram Singh in village Raipur Arain and allotted in lieu thereof other land in District Hoshiarpur with permanent rights. They churned that they had purchased the land allotted to Ram Singh from the original allottee of the land under the orders made by the Land Claims Officer. The Rehabilitation Department allotted to Ram Singh an area of land in Village Raipur Aram, District Jullundar in lieu of the land which Ram Singh was companypelled to abandon. The High Court accordingly reversed, the order holding that there was numberevidence to show that Khasra Girdwari entries which were produced by. the respondents 1 to 3 before the Land Claims Officer on which the previous allotment was cancelled were number true extracts. After the death of Ram Singh his sons respondents 1 to 3 companyplained to the Rehabilitation Department that Ram Singh was cultivating A grade land in District Lyallpur and was on that account entitled to allotment of A Grade land, he had been allotted in Village Raipur Arain C Grade land which was mostly Banjar Cadim unfit for cultivation and subject to river erosion. The State also relied upon an affidavit of the Deputy Secretary to the Government of Punjab, Rehabilitation Department, stating that the order of exchange was obtained by respondents 1 to 3 on the basis of incorrect Khasra Girdwari entries and that the Tahsildar had signed the companyy of the Khasra Girdwari produced by respondents 1 to 3 without companyparing them with the originals as required under the orders of Government. Mahajan, J., dismissed the petition holding that respondents 1 to 3 obtained the order of exchange and cancellation of the previous allotment by relying upon fabricated Khasra Girdwari entries and the Chief Settlement Commissioner acted properly in setting aside the order made by the Land Claims Officer. The High Court observed that the Deputy Secretary to the Government of Punjab, Rehabilitation Department, had numberpersonal knowledge and his assertion that the exchange was obtained on the basis of incorrect entries in Khasra Girdwari was number evidence which sup ported the claim that the extracts produced were number genuine. The Chief Settlement Commissioner by order dated September 20, 1962, cancelled the allotment of land to respondents 1 to 3 in District Hoshiarpur. They installed wells and built houses on the land. Respondents 1 to 3 took possession of the land and started cultivation. The Patwari of the village, the Kanungo Tahsildar and the Assistant Commissioner verified the recitals made in the application, and recommended the case of respondents 1 to 3 for allotment of other land. The Land Claims Officer held an enquiry and called for a report from the Revenue authorities. C. Shah, J. Ram Singh originally a resident of District Lyallpur number in West Pakistan , migrated to India in 1947 on the partition of the companyntry. Respondents 1 to 3 then moved a petition before the High Court of Punjab under Article 226 of the Constitution for a writ quashing the order dated September 20, 1962 of the Chief Settlement Commissioner. To this petition the present appellants were on their own application impleaded as parties. Against that order an appeal was preferred to the High Court under the Letters Patent. With certificate granted by the High Court the appellants have appealed to this Court.
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1969_455.txt
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the sales tax officer rejected.the plea of the assessee. 108633 08 in the execu tion of such companytracts. but the plea of the assessee appears to have found favour with the judge revisions sales tax who decided that the amount was number exigible to sales tax because the companytracts in question were work companytracts. the assessee manufactures iron shutters according to specifications given by the parties and fixes the same at the premises of the customers. this amount was claimed by the assessee as number being liable to sales tax during the assess ment year 1965 66 on the ground that the same represented the proceeds of work companytracts. the judgment of the companyrt was delivered by fazal ali j. this is an appeal by special leave by the assessee who was a companytractor dealing in fabrication of vanguard rolling shutters and steel works. in the assessment year 1965 66 the assessee received an aggregate sum of rs. number 698/70 c. manchanda mrs.
urrnila kapoor y. d. jain and miss kamlesh bansal for the appellant. and the assistant companymis sioner judicial on appeal also affirmed the order of the sales tax officer. thereafter at the instance of the companymissioner the revising authority made a reference to the high companyrt and referred the following question of law for its opinion .lm15 whether under the circumstances of the case and under the terms of the companytract the supply of shutters and iron gates worth rs. n. dikshit and o.p. civil appellate jurisdiction civil appeal number 106 of 1976.
appeal by special leave from the judgement and order dated 30.9.1975 of the allahabad high companyrt in s.t.r. rana for the respondent.
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1977_115.txt
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the high companyrt holding that the appeal abated against labhu ram and that its effect was that the appeal against nathu ram also abated dismissed the appeal. during the pendency of the appeal labhu ram one of the respondents died. the facts leading to the appeal are that the punjab government acquired on lease certain parcels of land belonging to labhu rain and nathu ram for different military purposes under the defence of india act 1939 xxxv of 1939 .
labhu ram and nathu ram brothers refused to accept the companypensation offered to them by the collector and applied to the punjab government through the collector under r. 6 of the punjab land acquisition defence of india rules 1943 hereinafter called the rules as amended by the numberification of the punjab government number 1444 hm44/19124 dated 10th march 1944 and published in the punjab gazette part 1 dated 17th march 1944 home department . may 1.
the judgment of the companyrt was delivered by raghubar dayal j. civil appeal number 635 of 1957 is an appeal by certificate and raises the question regarding the effect of the abatement of the appeal by the state of punjab against labhu ram one of the respondents on the state appeal against nathu ram companyrespondent. it is number disputed that in view of 0.
xxii r. 4 civil procedure companye hereinafter called the companye the appeal abated against labhu ram deceased when numberapplication for bringing on record his legal representatives had been made within the time limited by law. the state government appealed against the award to the high court of punjab. to get rid of the joint decree it was essential for the appellant the state of punjab to implead both the joint decree holders in the appeal. 636 to 641 of 1957 also raise the same question between the same parties. 635 to 641 of 1957.
appeals from the judgment and decree dated september 8 1954 of the punjab high companyrt in regular first appeals number. darya dutt chawla for the respondents. 42 43 44 45 46 47 and 48 of 1949.
gopalakrishnan t. m. sen and r. h. dhebar for the appellants. the state government applied for a certificate of fitness of the case for appeal to this companyrt and the high companyrt granted it as questions of great private and public importance were involved. the state government referred the matter to an arbitrator as required under r. 10 who after enquiry passed an award ordering the payment of an amount higher than what was offered by the companylector and also ordered the payment of certain amount on account of income tax which would be paid on the companypensation received. civil appeals number. civil appellate jurisdiction civil appeals number. it also dismissed the cross objections.
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1961_53.txt
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4220 of 2001. The appellant thereupon wrote a letter dated 30.3.2001 to the Chief Engineer, APWD requesting that the acceptance of the Award should be companymunicated with details regarding amount principal companyponent to be paid. Thereupon, the appellant addressed a letter dated 2.4.2001 to the Chief Engineer, APWD, Port Blair, forwarding a companyy of the letter received by him from the respondent and pointed out that the respondent was unwilling to accept the amount of the Award without interest. Thereafter, the appellant, who is Executive Engineer, Construction Division II, APWD, South Andaman, addressed a letter to the Superintending Engineer, Construction Circle No. The appellant, therefore, wrote another letter on 30.3.2001 to the respondent informing that the principal companyponent of the Award of Rs.2,81,83,305/ would be released on the same day and requested the respondent to reconcile with the appellant for mutual understanding about payment of interest. The appellant received a letter dated March 30, 2001 from the Executive Engineer PLG , CEs Office, APWD, Port Blair stating that the principal companyponent of the Award might be released to the agency, i.e., the respondent herein, immediately. The appellant addressed another letter dated 2.4.2001 to the Chief Engineer informing him about the changed stand of the respondent regarding its willingness to accept the principal companyponent of the Award and requested him to companymunicate the decision regarding payment of interest without further delay. The respondent thereupon replied by a letter dated 30.3.2001 to the appellant that it was number willing to accept the amount stated in the aforesaid letter. The respondent wrote a letter to the appellant on March 31, 2001 mentioning that it was willing to accept the principal amount of the Award at present but the remaining amount of the interest etc. 4220 of 2001, before the High Court at Calcutta. The appellant thereafter addressed another letter on the same day to the respondent requesting it to intimate its acceptance of the Award amount to Rs.2,81,83,305/ in full and final settlement of its claim. By judgment dated 29.9.2000 the learned District Judge, Andaman and Nicobar Island, Port Blair, dismissed the application with companyt of Rs.500/ . 1, Andaman Public Works Department, on 5.3.2001 giving details of the financial implication of the Award dated 22.3.1999. Feeling aggrieved, the Union of India, through the Executive Engineer, Andaman and Nicobar Public Works Department, filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 on 17th June, 1999 for setting aside the Award. The High Court numbericed that after addressing letter dated 30.3.2001, another letter on the same day was addressed by the appellant inviting the respondent for negotiation with reference to the rate of interest payable to the respondent and companycluded that even if previous letter amounted to violation of the judgment of the companyrt, the appellant did number do so willfully and deliberately. The arbitrator made his Award on March 22, 1999 and directed the Andaman and Nicobar Administration to pay to the respondent a sum of Rs.2,81,83,305/ Rupees two crores eighty one lacs, eighty three thousand, three hundred and five only with 12 interest per annum from the date of withholding of the amount of Rs.41,42,000/ Rupees forty one lacs forty two thousand only till the date of payment. 010 of 2001 in the month of April, 2001 under Section 14 of the Contempt of Courts Act, 1971 companyplaining about willful and deliberate violation of the judgment and decree dated February 26, 2001 passed in First Appeal T. No. Thereupon, Union of India, through the Executive Engineer, preferred an appeal, i.e., FAT No. 010 of 2001 by which the appellant is held guilty of companytempt of companyrt and is directed to pay the companyt of the application to the respondent which is assessed at 200 GMS. 4 of the Award dated 22.3.1999 would stand modified and the respondent contractor would be entitled to interest 12 per annum from the date of reference of the dispute to arbitration till the date of payment of the said amount. It was also mentioned in the said letter that for delay, if any, in payment of the amount, he would number be responsible. The instant appeal is directed against the judgment dated April 9, 2001 rendered by the High Court at Calcutta in Contempt Application No. By impugned judgment the Division Bench of the High Court at Calcutta, Circuit Bench at Port Blair, found the respondent guilty of companytempt of companyrt and while accepting the unconditional apology of the appellant, imposed companyt of Rs.200 GSM upon him to be paid within a week. The respondent filed Contempt Application No. On numberice being served, the appellant filed a reply denying that there was willful and deliberate breach of the decree passed by the companyrt. should be released within a fortnight. During the companyrse of the execution of the said companytract, dispute arose between the parties regarding payments of bills. The dispute was referred to sole arbitration of Mr. O.P. It is open to the parties to enter into a companytract or companypromise with reference to their rights under the decree. This judgment has given rise to the instant appeal. The Division Bench of the High Court dismissed the appeal by judgment dated 26.2.2001. However, the High Court clarified that the claim No. Goel. This Court has heard the learned companynsel for the appellant and companysidered the documents forming part of the instant appeal. The High Court issued numberice to the respondent.
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2010_143.txt
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The appellant companypany had subsequent ly set up a false theory that the assessee companypany itself was liable to the appellant companypany and that the appellant companypany was number liable to pay dues of the assessee. appellant companypany, the assessee companypa ny and the other defendants. 2 which is also a public limited companypany was the assessee companypany and the Union of India, respondent No. It also held that the sum in excess of the tax claimed by the plaintiff from the assessee companypany was due to the assessee companypany against the appel lant and it held that the plaintiff was entitled to a decree for appointment of receiver to realise the dues of the plaintiff from the appellant companypany having regard to the fact that appellant companypany was indebted to the assessee companypany for a sum in excess of tax dues claimed by the plaintiff, and to that extent the suit was decreed. It was inter alia asserted in the plaint that the debt due by the appellant company to the assessee company was shown to the credit of the assessee companypany in the accounts of the appellantcompany. No action was ever taken by the appellant companypany against the assessee companypany for the alleged claim arising in the companytext of damages in companynec tion with the alleged malfeasance and misfeasance of the assessee companypany in the companyrse of discharge of their func tions as the Managing Agents of the appellant companypany. It was companytended that the appellant companypany had made a false companyn ter claim against the assessee companypany with this end in view viz. In the opinion of the learned trial companyrt it was a unilateral act of the appellant companypany of adjusting the sum due to the assessee companypany against the alleged claim in respect of damages for malfeasance and misfeasance against the assessee companypany was invalid and was number binding on the plaintiff respondent. It was also al leged by the plaintiff respondent Union of India that numberwithstanding the fact that the debt due by the appellant company to the assessee company was shown to the credit of the assessee company in the books of accounts of the appellant companypany. It was further companytended by the plaintiff respondent Union of India that the appellant companypany and the assessee companypany were companyluding with each other with the object of defeating or delaying the payment to the plaintiff and that the adjustment entries made by the appellant companypany in its books of accounts were a step in this direction. It also recorded a finding that the companytention of the appellant companypany that it had a genuine and valid companynter claim against the assessee companypany and that it had been adjusted was unfounded. 1 assessee company had informed the plaintiff Union of India by a letter dated October 11, 1948 that the tax dues recoverable from the assessee company be recovered from the amount which was owed by the appellant company to the assessee company. The petitioner is a public limited companypany. 46 2 a prohibitory order attaching the said money of the assessee companypany was issued. It was alleged that the assessee companypany by its letter dated 4.10.48 informed the plaintiff Union of India that the arrears due from it be recovered from the petitioner on account of its companymission. It was withheld by the appellant under the pretext that it had a companynter claim against the assessee. A reference was made to a resolution passed by the appellant companypany on December 9, 1949 to transfer the debt due to the assessee companypany to the Managing Agents companymis sion and suspense account. Admittedly numbermoney decree companyld be passed against the appellant companypany except for the money lying in the deposits with them of the assessee companypany and it is for that purpose that the decree for appointment of receiver was made so that the amount be recovered and paid to the plain tiff Union of India. The learned Judges of the High Court maintained the decree by companying to the companyclusion that the amount of company mission earned by the assessee companypany was admittedly with the appellant. The plaintiff proceeded to assert in view of the admissions made by the appellant companypany and the promise made by it to pay the tax dues from the debt due by it to the assessee company and having regard to the recovery proceedings undertaken by the companypetent authority under Sections 46 2 and 46 5A of the Act, the plaintiff had priority over all other unsecured dues and that the appel lant companypany was under an obligation to pay the amount of Rs 1,32,400.87 p. under these circumstances. Such en tries or adjustments were illegal and they were number binding on the plaintiff in as much as the recovery proceedings had already been initiated against the assessee companypany and that the adjustments and entries were false as was evident from the admissions made by the appellant company in its letter to the plaintiff. It is said that by two letters addressed by the appellant company on November 18, 1948 and December 3, 1948, it acknowledged and admitted its liability to the assessee company and had further more promised the plaintiff to pay the amount of tax dues against the debt due by the appellant company, to the assessee company. 1 had to recover a sum of Rs 1,32,400.87 p. from the said assessee companypany on account of arrears of income tax, excess profit tax, business profit tax. The suit was decreed by the trial companyrt and the trial companyrt held that the plaintiff respondent was number entitled to a money decree against the appellant companypany. 46 5A of the Income Tax Act was numberlonger effective as the appellant set up a companynter claim against the assessee companypany and there was numberoption for the Union of India but to obtain adjudication from the civil companyrt and in this view of the matter the learned Judges of the Gujarat High Court maintained the decree passed by the trial companyrt. As admittedly the assessee company was functioning as the Managing Agents of the appellant company, it was companytended that numberaction was taken for more than three years and that numbersteps have been taken in this companynection because the companynter claim was a sham one. To recover this amount a suit was filed on 15.2.58 impleading therein besides the present appellant said asses see companypany and others as defendants. the present appellant and other defendants for an amount of Rs 1,32,400.87 p. with interest and a prayer also was made for appointment of receiver for recovery of the amount due from defendant No. to defeat and delay the claim of the plaintiff though it had taken numberaction in regard to the alleged companynter claim. It is alleged that the defendant No. 1 Union of India fried a suit against the petitioner. An objection was also taken about the form of the decree passed by the trial companyrt which only was for the appointment of a receiver. With these facts the respondent Union of India instituted the present suit seeking a decree against defendants 1 to 5 i.e. The main companytention advanced on behalf of the appellant was that a suit was filed by the respondent and the decree granted by the trial companyrt was number permissible in law as it was company tended that such proceedings for appointment of receiver can only be companytemplated in execution proceedings of a decree against the original debtor. It was alleged that for recovery of the said amount numberice under Section 46 2 of the Income Tax Act was issued on two occasions, 9.11.48 and 30.3.51 and thereafter a numberice under Section 46 5A of the Act was issued against the appellant defendant No. 5 and its numberinees other defendants. A. Bobde and A.G. Ratnaparkhi for the Appellant. From the Judgment and Decree dated 18/19.4.1972 of the Gujarat High Court in First Appeal No. The appellant preferred an appeal and a Division Bench of the Gujarat High Court by their judgment dated April 19, 1972 dismissed the appeal and maintained the decree passed by the trial companyrt and on certificate against that judgment that the present appeal is filed in this Court. It is also number in dispute that under Sec. It is also number in dispute that the machinery under Sec. Dua for the Respondents. C. Manchanda, Ms. A. Subhashini and K.C. 1 Kalyan Mills Ltd. on July 22, 1949. The Judgment of the Court was delivered by OZA. Facts are number in dispute. A charge of fraud and companylusion has been levelled against the. 184 of 1964. 447 N of 1973. The facts necessary for the disposal of this appeal are that the respondent No. Various defences were raised. Respondent No. CIVIL APPELLATE JURISDICTION Civil Appeal No. This appeal arises out of a certificate granted by this Court. J.
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1986_311.txt
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in greater bombay there were two stock exchanges one called the native share stock brokers association and the other the indian stock exchange limited. it appears that within the extended time a number of active members of the indian stock exchange limited as defined by the numberification applied for membership and were admitted as members of the recognised stock exchange. one of the companyditions imposed was that the members of the indian stock exchange limited would be entitled to apply for membership of the stock exchange bombay provided they were active members of the indian stock exchange limited for 12 months immediately preceding august 6 1957 and they were also eligible under r. 8 1 of the securities companytracts regulation rules 1957 to be members of a recognised stock exchange. they had to apply for membership before october 15 1957 or before such period as the board of the recognised stock exchange might think fit to extend. the other namely the indian stock exchange limited was a company incorporated under the indian companypanies act 1913 as a companypany limited by guarantee without any share capital. the government after considering the relative merits and the relevant circumstances issued a numberification dated august 31 1957 recognising the native share and stock brokers association under the name the stock exchange bombay subject to the conditions mentioned therein. various expert companymittees appointed by the government from time to time companysidered the question of regulation of stock exchanges and the latest of those committees was the gorwalla companymittee. after the act came into force both the exchanges applied for recognition under the act. number being registered under the bombay securities contracts companytrol act 1925 it companyld only deal in ready delivery companytracts and as the definition of ready delivery companytract under that act was elastic and as forward companytracts were number made illegal thereunder this exchange was also doing speculative business mainly in the said two shares. the said companypany had been functioning since 1937 but was number registered under the bombay securities companytracts companytrol act 1925.
it was mainly doing business in tata ordinary and bombay dyeing shares and had hardly any investment business. 80 years and it was registered under the bombay securities companytracts companytrol act 1925.
its rules and bye laws were approved by the government of bombay and it was doing business in both forward as well as ready transactions. the numberification further gave some companycessions to such active members in the matter of payment of the membership fee. it has a clearing house and was doing extensive business in different kinds of securities. august 17.
the judgment of the companyrt was delivered by subba rao j. this is a petition under art. shri purshottam trikumdas learned companynsel for the petitioner raised before us the following companytentions 1 under art. original jurisdiction writ petition number 136 of 1957.
writ petition under art. the former was in existence for more than.
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dev
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1960_197.txt
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In pursuance of an agreement the respondent executed certain work for the State of Orissa, the appellant. The arbitrator heard the parties and made an award directing the appellant to pay a certain amount of money to the respondent with interest at the rate of 12. The appellant raised certain objections. There was a dispute on the question of payment and the matter was referred to arbitration in accordance with the terms of the agreement. The respondent filed an application for making the award a rule of the Court. The present civil appeal by special leave is directed against this decision.
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1990_416.txt
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It was subjected to drug test by the Custom Staff with U.N. Drug test kit and it was companyfirmed that the material was companytraband Morphine Heroin or its derivative. were recovered and seized by the Custom staff under Section 110 of the Customs Act, 1962 in short Customs Act . Recovery of three packages and three pairs of foot wearings were made from the spot. He also companyfessed that he was being paid Ra.2000/ by Hakikat Singh Kiti and Paramjit Singh alias Pamma for carriage of companytraband articles. It was disclosed that the names of two suspects were Hakikat Singh and Yashpal. Heroin at Indo Pak border and its carriage upto village Hamirpur Sidhar and on its detection by the Army Patrol, it led to his escape from the scene after abandoning the material and three pairs of foot wear. The recovery of three packages and three pairs of foot wearing indicated that third person was also accompanying the two infiltrators. Both the army authorities and Custom staff, found some suspicious materials on spot in two salwars and a plastic bag left abandoned in the field near DCB end point. Paramjit Singh did number appear before the Custom authorities. Yash Pal was summoned by Superintendent, Customs under Section 108 of the Customs Act. On receipt of this information, Customs Staff camping at the other side of the village rushed to the spot. Apart from that, one pair of Chappal and two pairs of shoes total three footwear were also recovered from the spot. Recovery cum seizure memo of the Heroin was prepared and panchnama was drawn on spot. Similarly, on 23rd August, 1995 accused Hakikat Singh also came to be intercepted by the Custom staff, Jammu and he made voluntary statement to the same effect. He companyfessed that he was being paid Rs.10,000/ for carriage of the material. The samples were taken out of the seized material and sent for chemical analysis to FSL, Jammu who in its report revealed that Diactyl Morphine Heroin was found present in the samples taken out of the recovered light brown powder. Background facts in a nutshell are as follows On 1st July, 1995 at about 4.15 a.m. Army Patrolling Party, on the other side of Village, Hamirpur Sidhar near DCB end point, numbericed suspicious movement of some infiltrators who on being challenged abandoned some suspicious materials and escaped under the companyer of darkness. In his voluntary statement of companyfession, he disclosed the names of two accomplices, namely, Hakikat Singh and Paramjeet Singh and narrated the sequence of events of fetching fifty six Kg. He appeared before him and made companyfessional statement on 27.7.1995 involving himself in smuggling of Heroin and was thereupon arrested. Recovered material appeared to be some Narcotic Drug in packets and in yellow brownish paper kept in polythene bags wrapped in companyton cloth bearing stamp marking in Urdu Khadi No.1, No.858 and 223. They called two panchs from the area and the three packages found lying abandoned in the field were opened in their presence from which 56 packets of light brown powder, each weighing one kg. The identity of infiltrators was established through the secret information report recorded prior to the seizure. Evidence was companylected and companyplaint was presented before Sessions Judge Special Judge by the Inspector of Customs. Challenge in this appeal is to the judgment of a Division Bench of the Jammu and Kashmir High Court directing acquittal of the respondents who were found guilty of offences punishable under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short the Act . The third accused was proceeded against separately. In appeal two stands were taken. Accused pleaded number guilty to the charge and were put to trial. Dr. ARIJIT PASAYAT, J. Leave granted.
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2009_366.txt
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It was admitted before us that many of the rejected candidates who are petitioners before us had obtained more marks than some of the selected candidates. The ten candidates who were selected at the second test had obtained marks ranging between 60 and 85. There were in all 1,777 applicants who were called for the viva voce test. It was frankly admitted by the learned Attorney General that some of the candidates who were number selected had obtained more marks than some of those who were selected. It may be pointed out that at the first viva voce test eighty eight candidates and at the second test ten candidates were selected, thus making the total number ninety eight. From the mark lists it appears that the eighty eight candidates who were first selected secured marks between 56 and 87, except 2 No. In this way there were three sets of appointments the first of ninety eight candidates, the second of twenty four candidates and the third of sixteen candidates. The Public Service Commission duly held the viva voce inter views and on July 29, 1961 they published a list of ninety eight candidates who they announced were selected. Only two had obtained 51 and 53 marks and the others marks ranging between 49 and 22. However, he pointed out that numbere of the candidates who had failed and who was a petitioner before us had obtained 56 marks or more. A very large number of the applicants was number called for the test and the High Court of Mysore in the petition of the three petitioners who had number been called for the viva voce test directed the Commission to call them and the Commission then called 203 candidates who were in the same category as the three petitioners in the High Court. Of these thirteen had attended the viva voce test but three had number been called for it. At an earlier hearing of the petitions this Court directed the State of Mysore represented by the Attorney General of India to produce the mark lists prepared by the Public Service Commission after the viva voce tests. 95 111 and 113 118 of 1963 . Sixteen candidates, who were number selected, filed petitions under Articles 14, 15 and 16 of the Constitution in the High Court of Mysore. In some of the petitions the successful candidates ire joined as respondents. In an affidavit filed on August 4, 1964, the Public Service Commission explained the procedure followed and also stated that 7 of the petitioners had obtained marks below 22 and thus were number entitled to succeed at all because their marks were lower than the last candidate selected and they companyld have numbercomplaint. Though numerous allegations of nepotism were made the arguments before us were companyfined to the companysideration of the respective merits of the candidates selected and unselected in the light of the mark lists produced in this Court. 32 of the Constitution invoking Articles 14, 15 and 16 of the Constitution against the State of Mysore and the Mysore Public Service Commission in respect of appointments made to certain services in the Mysore State. The mark lists were made available to the learned companynsel for the petitioners and the marks as shown in Schedules A to E to the last affidavit were accepted as companyrect by him. Among the sixteen candidates who were selected by companypromise in the High Court three had number been interviewed at all and the remaining 13 had received marks ranging between 48 and The detailed break up is Not interviewed 3 48 1 47 1 45 2 44 1 43 1 42 1 38 1 37 1 30 1 24 1 23 1 22 1 Total 16 . 95 1 1 1, 113 to 118, 169 172, 183 and for the intervener. 140 142 of 1963 . On September 5, 1960, the Public Service Commission modified the earlier numberification and instead of holding an examination announced that the selection would be made solely on the results of a viva voce test. After the announcement of the results the State Government sent for the companysideration of the Commission a Est of twenty four candidates and as the Commission approved of them they were also appointed on March 7, 1962. 95 to 111 . Gopalakrishnan, for the petitioners in W. P. Nos. The candidates who were appointed on the recommendation of the Government had number done so well at the examination. 88 R. Shamanaik who belonged to the scheduled castes and who had obtained 51 and 50 marks respectively. The facts are as follows By a numberification dated September 26, 1959, the Mysore Public Service Commission announced that a companypetitive examination would be held for direct recruitment for Class I and Class II posts relating to certain Administrative Services and numerous applicants including the petitioners offered themselves as candidates. 150, 151 to 158, 167 and 168 of 1963 . 81, 95 to 111, 113 118, 140 142, 150, 151, 153 158, 159 165, 167, 168, 1,69 172, 178, 179, 183, 199 and 205 207 of 1963. In giving their companycurrence the Commission purported to take power from a foot note added to sub rule 3 of r. 4 of the Mysore Public Service Commission Functions Rules, 1957. Naunit Lal, for the petitioners in W. P. Nos. Encouraged by what had happened to those who had petitioned to the High Court, the other candidates who had number succeeded applied for writs under Articles 14, 15 and 16 of the Constitution. 38, 50, 51, 73, 84, 85, 87, 98, 126, 130, 139, 140 in W. P. Nos. The detailed results are 49 2 47 1 45 4 44 3 43 1 42 3 40 1 37 1 32 1 31 1 28 1 23 2 22 1 Total 22 . The State and the Commission filed five main affidavits in some petitions between July 18, 1963 and October 17, 1963 dealing with the special facts alleged by each petitioner and denied the allegations about nepotism. The petitioners characterised this change as opposed to the Mysore Administrative Service Recruitment Rules, 1957 but during the hearing of these petitions this ground of attack was abandoned perhaps in view of what happened later. 32 of the Constitution and that is how these fifty five petitions are before us. The petitioners who were applicants for some of the posts were unsuccessful while others were appointed. 1 and 2 in all the petitions . B. Dadachanji, O. C. Mathur and Ravinder Narain, for the petitioners in W. P. Nos. 87 L. Sharadamma and No. In the other petitions skeleton affidavits were filed which incorporated by reference these five main affidavits. These are fifty five writ petitions under Art. K. Daphtary, Attorney General, B. R. L. Iyengar and R. G. K. Achar, for respondents Nos. 81 of 1963 in Person number Present . Petitions under Art. On November 26, 1962 there was a companypromise and the Government undertook to appoint the petitioners before the High Court. They, thereupon, filed the present petitions under Art. G. Ratnaparkhi, for respondents Nos. 11 in P. Nos. Parthasarathi, J. Their petitions were summarily dismissed by the High Court. M. Hegde and V. D. Mahajan, for respondent No. The Judgment of the Court was delivered by Hidayatullah J.
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1964_132.txt
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Note 21 to the advertisement states that the prescribed essential qualifications were the minimum qualifications and a were possession of minimum qualification does number entitle the candidates to be called for interview. The essential qualifications for the post were set out in the application . The Commission thereupon shortlisted the candidates to be called for interview on the basis of 4 years experience or more. where the number of applications received in response to an advertisement is large and it will number be companyvenient or possible for the companymission to interview all the candidates, the companymission may restrict the number of candidates to a reasonable limit on the basis of qualifications and experience higher than the minimum prescribed in the advertisement or by holding a screening test. As a result, 20 candidates were called for interview. One of the qualifications was at least three years teaching experience in the companycerned speciality as a lecturer Tutor Demonstrator Senior Resident Registrar after obtaining the requisite post graduate degree qualification. Respondent No.1 did number qualify for shortlisting and hence he was number called for interview. The Union Public Service Commission for short the Commission issued and advertisement dated 10.10.1987 inviting applications for three posts of Assistant Professors of Medicine. Gopalakrishnan filed an application before the Central Administrative Tribunal, Madras bench hereinafter referred to as the Tribunal for setting aside the selection to the post of Assistant Professor of Medicine Pursuant to the said advertisement by challenging shortlisting. In the present case 37 applications were received for the three posts. He along with one Dr. V.S.
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1997_490.txt
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Thereafter the respondents companyld deliver 710.00 quintals of fine variety of rice and 14441.04.200 quintals of IR 8 variety of rice in 1075 bags after 30.06.1996. The respondents, however, companyld only process and deliver to the FCI 27950.75 quintals of fine variety rice and 22955.32 quintals of IR 8 variety of rice till 30.06.1996. The firm is engaged in the business of running a rice Mill in Jalandhar. In terms of this agreement, the appellant was to give their paddy to the respondents, who were to process the paddy in their Rice Mill and the resultant rice produced after processing paddy were to be delivered to the Food Corporation of India FCI for and on behalf of the appellant by the respondents. On 01.06.2001, the Arbitrator delivered a reasoned award. Since the respondents failed to process and deliver the full quantity of rice in terms of agreement to the FCI much less within the time framed, it caused money losses to the appellant in addition to sustaining the damages due to number delivery of the rice. The respondents duly acknowledged the receipt of paddy from the appellant on 27.11.1995 and 06.12.1995. By order dated 04.06.2009, the Additional District Judge dismissed the application and upheld the award. The agreement companytained an arbitration clause for resolving all disputes arising between the parties in relation to the agreement. 3602 of 2013 whereby the High Court dismissed the revision petition filed by the Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2017.07.12 163807 IST appellants herein and affirmed the order dated Reason 03.11.2012 passed by Additional District Judge, Jalandhar in Execution SR.
37 of 2010 by which the execution petition relating to arbitration award dated 01.06.2001 was dismissed. On 01.01.1996, the appellant and Respondent No.1 entered into an agreement. The respondents did number pay the awarded amount to the appellants and, therefore, the appellant filed Execution Petition No.37/2010 under Section 36 of the Act before the Additional District Judge, Jalandhar for enforcement of the award against the respondents. By order dated 03.11.2012, the Executing Court upheld the objections raised by the respondents and, in companysequence, dismissed the appellants execution application. The respondents, felt aggrieved of the award, filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 hereinafter referred to as the Act and questioned its legality and companyrectness before the Additional District Judge, Jalandhar. 3602 of 2013 before the High Court. According to the appellant, since the respondents companymitted breach of the agreement because they were number able to perform their part of the agreement, the appellant became entitled, in terms of the agreement, to recover from the respondents 1 1 times economic companyt of balance paddy, 2 the companyt of balance bags and sales tax 4.4 thereon, besides TDS on income tax 2.34, and 3 other recovery. The appellant, felt aggrieved, filed revision being Civil Revision No. The Arbitrator allowed the appellants claim in part and accordingly passed a money award for Rs.1024847.15 with interest payable at the rate of 21 w.e.f. though claimed to have filed appeal in the High Court but did number pursue the appeal and hence the order dated 04.06.2009 of the Additional District Judge and, in companysequence, the award dated 01.06.2001 became final and attained finality. The appellant accordingly gave numberice to the respondents requesting them for referring the disputes, which had arisen between them to the Arbitrator. Heard Mr. Ashish Wad, learned companynsel for the appellant and Mr. Abhishek Vikas, learned companynsel for the respondents. The respondents acceded to the appellants request and accordingly the disputes were referred to the sole Arbitrator one Mr. O. P. Garg. It was, accordingly, dismissed. 01.01.1999 till realization in appellants favour and against the respondents. The arbitrator embarked upon the reference made to him by the parties. Subject to this Part an arbitral award shall be final and binding on the parties and persons claiming under them respectively. Respondent No. The respondents, as the records indicate. By impugned order, the High Court dismissed the revision and upheld the order of the Executing Court. The respondents on being served filed reply to the execution application and raised certain factual objections purporting to be under Section 47 of the Civil Procedure Code, 1908 hereinafter referred to as the Code . The respondents also filed one application praying therein for a direction to the appellant to produce the statement of accounts and the transactions done pursuant to the agreement in question. The appellant is a State owned Corporation engaged in supply of civil companymodities in the State of Punjab. This appeal is filed against the final judgment and order dated 17.10.2014 passed by the High Court of Punjab Haryana at Chandigarh in Civil Revision No. 1 is a partnership firm whose partners are respondent Nos. Abhay Manohar Sapre, J. Sections 35 and Section 36 of the Act as it stood at the relevant time are relevant for this appeal. In order to appreciate the short companytroversy involved in this appeal, few relevant facts need mention infra. Having heard learned companynsel for the parties and on perusal of the record of the case, we are companystrained to allow the appeal and set aside the impugned order. The parties filed their respective claims and adduced evidence in support of their stand. It is against this order, the appellant claimant has filed this appeal by way of special leave before this Court. Leave granted. 2 to 4.
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2017_234.txt
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both the shares and the silver bars were thus part of the stock in trade of the business. if the shares and the silver bars which were thus withdrawn from the stock in trade at the closing of the year of account the value of these shares and silver bars would also have been shown at the companyt price in accordance with the system of accounts maintained by the assessee. the assessee was in the year of account calendar year 1942 a dealer in shares and silver. on the 21st january 1942 he withdrew from the business certain shares and silver bars and executed two deeds of trust and on the 19th october 1942 he withdrew further shares and silver bars and executed a third deed of trust. as regards the silver bars the tribunal found that the assessee had been making purchases and sales frequently and that the silver also was stock in trade and number a capital investment. the deeds of trust were valued for the purpose of stamp at the market value of the shares and silver bars prevaling at the dates of their execution. the assessee however showed the transfer of these shares and silver bars to trustees in the books of account at the companyt price thereof thus setting off the debit shown in respect of the same at the beginning of the year of account. he companytended that the market value of the said shares and silver bars on which the stamp duty was based companyld number be basis for companyputing his income from stock in trade thus transferred. it was number disputed before the income tax act appellate tribunal that the shares transferred were the stock in trade of the business. the assessee kept his books of account on the mercantile basis and the method employed by him in the past for valuing the closing stock of his stock in trade was valuation at the companyt price thereof. the income tax authorities did number accept this companytention and assessed the profit at the difference between the companyt price of the said shares and silver bars and the market value thereof at the date of their withdrawal from the business. in this books the appellant credited the business with the companyt price of the bars and shares so withdrawn and there lies the crux of the issue which we have to determine. there is numbersuggestion in this case that the bars and shares were withdrawn from the business otherwise than in good faith. it is admitted that under this system stocks can be valued in one of two ways and provided there is numbervariation in the method from year to year without the sanction of the income tax authorities an assessee can choose whichever method that is to say the companyt price of the stock was wnterred at the beginning of the year and number its market value and similarly the companyt price was again entered at the close of the year of any stock which was number disposed of during the yeaar. the income tax officer the appellate assistant companymissioner as also the income tax appellate tribunal rejected this companytention of the assessee and the income tax appellate tribunal submitted at the instance of the assessee a case under section 66 i of the act referring the following two questions for the decision of the high companyrt wether in the circumstances of the case any income arose to the petitioner as a result of the transfer of shares and silver bars to the trustees? they had been purchased by the assessee from time to time and formed part of the stock intrade of the business and had been shown at the companyt price thereof in the books of account of the previous years and also at the opening of the year of account. if the answer to the question i is in the affirmative wether the method employed by the appellate assistant companymissioner and upheld by the appellate tribunal in companyputing the petitioners income from the transfer is the purpose method for companyputing the income? bhagwati j. this appeal by special leave from a judgment of the high companyrt of judicature at bombay on a reference by the income tax appellate tribunal under section 66 i of the indian income tax act xi of 1922 raises an interesting question as to the valuation of an asset withdrawn from the stock in trade of a running business. bose j. this is an appeal by an assessee against a judgment and order of the high companyrt at bombay delivered on a reference made by the income tax appellate tribunal. the appellant was the managing trustee expressly so created in two of the trusts and virtually so in the third. the bombay high companyrt refused leave to appeal but the assessee obtained special leave from this companyrt. after certain other life interests the ultimate beneficiaries were charities. the entries on the one side of the accounts at the beginning of the year thus balance those on the other in respect of these items with the result that so far as they are companycerned the books show neither a profit number a loss on them. the appellant was one of the beneficiaries in all the three trusts retaining to himself a reversionary life interest after the death of his wife who was given the first life interest. the terms and companyditions of the deeds of trust are number material for the purpose of this appeal. the high companyrt answered both the question in the affirmative.
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test
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1953_57.txt
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Singh Deo of estate of Seraikella. The suit schedule property was recorded in the revenue records in the name of the defendant. In the plaint after the cause title, he stated that the suit is for declaration of title, companyfirmation of possession and permanent injunction and the suit is valued at Rs. Further the suit schedule property along with other properties was acquired by the defendants by way of land acquisition proceedings in the year 1965 and the possession was handed over to them. The plaintiff has filed title suit number 5 of 1992 on the file of the Munsif companyrt at Seraikella. Hence he came up with the present suit seeking the relief of permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the plaintiff. He companyld prove his possession and prima facie title to the property. Then the plaint starts with the description of facts that the suit schedule property belongs to Raja Adithya Pratap Singh Deo of the estate of Seraikella and subsequently it is purchased by Kumar Subodh Singh by registered sale deed dated 24081990, he in turn sold the suit schedule property to the plaintiff by way of registered sale deed dt 21101990 for a companysideration of Rs. It is further stated that without claiming the relief of declaration of title, he can maintain the suit for mere injunction and Courts below have rightly and companycurrently found that he is in possession of the property. As such, except the defendant, numberone else has right or title over the property. With regard to maintainability of a suit for injunction, Court gave a finding that as the plaintiff is able to prove his possession by oral and documentary evidence, he can maintain a simplicitor suit for injunction without seeking the relief of declaration. The defendant has sent numberice dated 04011992 asking the plaintiff to quit and deliver vacant possession of the suit land and for payment of amount and further threatened the plaintiff to dispossess him from the land. Later the property was purchased by Kumar Subodh Singh Deo vide registered Sale Deed No.3201 dated 4.12.1989. The unsatisfied defendant approached the 1 st Additional District Judge, Singhbhum West at Seraikella by way of Title Appeal No.46/1995. Also under Section 62 of the CNT Act, it is the case of the defendant that the present Suit is number maintainable without seeking the relief of declaration of title. 20,000/ and ever since than he has been in possession of the property by companystructing a residential building. The defendant has taken several other grounds with regard to maintainability of the suit on the ground of misjoinder of proper and necessary parties to the suit, on the ground of limitation, under section 92 of the B.S.H.B. Brief facts in nutshell for proper adjudication of the dispute involved in the present appeal are, the plaintiff has filed a Signature Not Verified Digitally signed by SATISH KUMAR YADAV suit for permanent injunction alleging that suit schedule property Date 2018.10.24 154154 IST Reason originally belongs to Raja A.P. 26/8/2004 whereby the High Court has companyfirmed the companycurrent findings of the companyrts below by decreeing the suit. Act and Rules, as numberprior numberice was issued before instituting the suit. In this appeal the unsuccessful defendant impugned the judgment and decree passed by the High Court of Jharkhand at Ranchi in second appeal in 273/2003 dt. 2343 executed on 7 th August, 1990 and since then the property has been in his possession. On the other hand, the companynsel for the respondents has submitted that the suit land was a private property and respondent No.1 herein got the ownership rights by virtue of a registered sale deed No. B letter of giving possession to the defendant has companye to the companyclusion that the evidence on record does number establish that the land acquisition proceedings have attained finality. 20,000/. 8242 OF 2009 JHARKHAND STATE HOUSING BOARD APPELLANT VERSUS ANIRUDH KUMAR SAHU ORS. V. RAMANA, J. 12.10.2001 passed by the High Court of Jharkhand at Ranchi in Second Appeal No.88/2000 whereby the High Court dismissed the appeal filed by the Board by companyfirming the companycurrent findings of the companyrts below. The defendant further carried the matter to the High Court by way of second appeal and that also ended up in dismissal. RESPONDENTS JUDGMENT V. RAMANA, J. J. V. RAMANA J. MOHAN M. SHANTANAGOUDAR NEW DELHI, OCTOBER 09, 2018. A close scrutiny of the plaint is necessary for adjudication of the dispute involved in the present appeal. This appeal by special leave is directed against the impugned judgment and decree dt. NON REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. We have heard the learned companynsel for the appellant and the respondent and perused the material available on record. Though Court took numbere of Ex.
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2018_550.txt
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On 15.10.1971 IOCL offered the said distributorship to respondent number. The distributorship companytinued to be regulated by the terms of the letter of allotment issued by IOCL to them. It declared that the letter of termination dated 16.01.1978 issued by IOCL in terminating distributorship of respondent number2 to be illegal, arbitrary and unjustified and gave direction for restoration of the distributorship. The same request was also refused by IOCL vide letter dated 17.4.1975. The respondent number2 through letter dated 16.12.1971 again requested for a companyy of the said standard agreement from IOCL. Sales LPG/3710 dated 16.01.1978 terminated the distributorship. The respondent number1 also prayed for restoration of the distributorship. IOCL vide letter number 3622 dated 31.12.1971 allayed apprehension of both respondent number.2 and 3 on the score of number availability of the said standard agreement and the termination of distributorship. Thereafter, the respondent number2 again wrote a letter on 03.3.1975 to the DGR along with a companyy of it to IOCL with same request but, DGR vide letter dated 27.3.1975 refused to accede to the request made by the respondent number2. The respondent number2 through letter dated 17.11.1973 addressed to the Branch Manager, IOCL sought IOCLs permission to transfer his share in the partnership in the name of either his wife or his father. The IOCL through its letter number Sales LPG ERN/3623 dated 21.10.1971 hereinafter referred to as letter of allotment allotted distributorship of Indane Gas to respondent number.2 and 3 subject to the terms and companyditions mentioned therein. On 31.10.1973 both respondent number.2 and 3 went to Calcutta to meet the Branch Manager, IOCL. IOCL vide letter dated 12.11.1971 had given an assurance to them to send the said agreement in due companyrse. The interference of IOCL was sought by respondent number 2 for the settlement of the said dispute. However, IOCL refused to interfere and asked the partners to settle their dispute themselves. The respondent number2 Ex Captain A.S. Siddiqui and respondent number3 Ex Captain Jai Narain Prasad Nishad applied for the said distributorship and got it. On 9.6.1978, the respondent number1 instituted a Title Suit number 68 of 1978 in the companyrt of Executive Munsif, Muzaffarpur seeking declaration that termination of the distributorship by IOCL vide letter dated 16.01.1978 was illegal, arbitrary and unjustified. The respondent number2 expressed his desire to transfer his share in the partnership in the name of either his wife or his father. Later, the respondent number3 companyfirmed his oral companysent by writing a letter dated 15.11.1973 addressed to the Branch Manager, IOCL. The said distributorship was reserved for ex defence personnel, war widows and dependants. The respondent number3 gave oral companysent to the desire expressed by respondent number2. IOCL vide letter dated 25.02.1974 refused to accede to the request for transfer of shares made by respondent number2 and stated thus you may recall that during the discussions you had with the undersigned as well as our Branch Sales Manager Sri SC Ghosh alongwith your partner, it was clearly advised that unless all the set backs irregularities under which the distributorship is being operated are set aside, we shall number be forwarding any such request. On 27.02.1973 the respondent number 2 wrote a letter to Directorate General of Resettlement, Ministry of Defence for short DGR with a companyy of the same to the Minister of Defence and the Minister of Petroleum requesting either to split the partnership business into two or to permit him to transfer his share in the partnership in the name of his wife Mrs. Nilofer Siddiqui respondent number1 or his father Ex Captain M. Ozair or the widow of Late Captain M. Ammar in whose partnership he had actually applied for the distributorship. On 23.1.1978, the respondent number2 executed a deed of transfer Baimokasa in favour of his wife i.e., respondent number1 whereby he transferred his share in the partnership in the name of his wife. On 17.11.1971 the partnership deed was signed between respondent number.2 and 3 to carry on the business of distribution of Indane Gas at Muzzafarpur under the name and style of M s Happy Homes respondent number4 on various terms and companyditions. The facts which are required to appreciate the rival legal companytentions urged on behalf of the parties are stated in brief hereunder The appellant Indian Oil Corporation Limited for short IOCL in the year 1971 invited applications from eligible persons under the scheme for awarding the distributorship of Indane Gas LPG Agencies in the town of Muzaffarpur, Bihar. 2 and 3 along with a third person provided they agreed to enter into a partnership to run the business of distribution of Indane Gas. Condition number2 of the said letter is stated hereunder Condition number2 This appointment is subject to the companyditions companytained in our standard agreement which will be sent to you in due companyrse for your signature and you shall sign and return the same to us. The trial companyrt vide its judgment and order dated 11.04.1985 dismissed the said suit holding, inter alia, that respondent number2 had numberright to transfer his share in the partnership in the name of his wife i.e., respondent number1. The business of the partnership firm went on smoothly for some time. There is absolutely numbersecrecy maintained about anything and the agreement as and when ready, would be sent to you xx xx xx Please in the meantime, we would like you to progress fast regarding companymissioning the market From 23.03.1972 the partnership firm M s Happy Homes started the business of distribution of Indane Gas without the said standard agreement by both the respondent number. However, the third person refused to form partnership. On 02.1.1974, the respondent number2 joined Bihar Government Services as Deputy Superintendent of Police. The relevant part of the said letter number 3622 reads thus This agreement will be given to you in due companyrse. 2 and 3 due to certain irregularities companymitted by respondent number3. Aggrieved by the decision of the trial companyrt, the respondent number1 preferred Title Appeal number 32 of 1986 in the companyrt of Additional District Judge, Muzaffarpur. Both the respondent number. Aggrieved by the decision of the first appellate companyrt, the respondent number1 preferred Second Appeal number 516 of 1988 in the High Court of Judicature at Patna by framing certain substantial questions of law and urged various tenable grounds in support of the same. The first appellate companyrt vide its judgment and order dated 13.06.1988 dismissed the appeal and upheld the decision of the trial companyrt. The High Court vide its judgment and order dated 03.07.2007 allowed the appeal by setting aside the judgments and orders passed by the companyrts below. After few months differences arose between the partners i.e., respondent number. This was done with a view to rehabilitate more ex servicemen in the companyntry. 516 of 1988 whereby it has set aside the impugned judgment and orders therein passed by the companyrts below on the ground that both the companyrts below number only companymitted error of record by misconstruing the facts and evidence on record but also ignored the specific provisions of law as well as the necessary and relevant case laws and also wrongly held that the Title Suit No. 68 of 1978 was barred by the principles of res judicata. This Civil Appeal is directed against the impugned judgment and order dated 03.07.2007 passed by the High Court of Judicature at Patna in Second Appeal No. The relevant portion of the judgment cited by her reads thus 545. 2 and 3. GOPALA GOWDA, J. Hence, this appeal is filed by the appellant questioning the companyrectness of the impugned judgment and order by framing certain questions of law.
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2015_516.txt
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All the premises requisitioned or companytinued under requisition under the Bombay Land Requisition Act, 1948 and allotted to Government allottees and allowed by the State Government to companytinue or to remain in occupation or possession of such premises were deemed to have been released from requisition. The judgment posed the threat of eviction against several allottees in occupation of premises requisitioned by the State Government. 404 of1986 filed by the Association of Allottees of the Requisitioned Premises and Writ Petitions No. 337 and has directed that the occupants of the requisitioned premises, the companytinued requisition of which was quashed, were bound to vacate and hand over vacant possession of such premises to the State Government on or before 30th November, 1994 so that the Government companyld derequisition such premises and hand over the vacant possession thereof to the landlords. The allottees of such premises include Government servants who are still in Government service and others. The premises requisitioned and companytinued under requisition and allotted by the State Government for any number residential purpose to any department or office of the State Government or Central Government or any public sector undertaking or Corporation owned or companytrolled fully or partly by the State Government or any registered companyoperative society or any foreign companysulate and allowed by the State Government to remain in their occupation or possession were included in the definition of Government Premises within the meaning of Section 2 clause b of the Bombay Government Premises Eviction Act, 1955. The Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises Eviction Amendment Act, 1996 Act No. On 2nd April, 1951 a flat was requisitioned by the State Government and allotted to a person. Certain companysequential amendments were also effected in the Bombay Land Requisition Act, 1948 and the Bombay Government Premises Eviction Act, 1955, which it is number necessary to numberice and reproduce. VII of 1995, the premises which have been requisitioned on or before 27th December, 1973 will have to be released from the requisition on or before 26th December, 1997 and those which have been requisitioned after 27th December, 1973, within twenty four years from the date on which possession of such land was surrendered or delivered to, or taken by, the State Government. Certain premises which have been requisitioned or companytinued under requisition under the said Act have been allotted for number residential purpose to many departments or offices of the State Government or Central Government or public sector undertakings, companyporations owned or companytrolled fully or partly by the State Government or companyoperative societies or foreign companysulates and for residential purpose to different categories of persons such as employees of the State or Central Government, public sector undertakings, companyporations, or homeless persons, etc. Accordingly, derequisitioning process, in respect of all such premises and applying the ratio of the said Supreme Court Judgment, in several other premises, has already been companypleted by the State Government. Under the existing provisions of Section 9 of the Bombay Land Requisition Act, 1948, as last amended by Mah. XVI of 1997 having been struck down as ultra vires of the Constitution and as being beyond legislative companypetence of the State Legislature, the State of Maharashtra, the Welfare Association of Allottees of Requisitioned Premises, Maharashtra and several others have companye up in appeal. But still there are quite a large number of allottees in occupation of such premises, for a number of years, on payment of companypensation as determined under the said Act. The status companyferred on them by amending Section 5 of the Principal Act and by inserting Section 15B in the Principal Act was that the allottee or his legal heir in occupation or possession of the allotted premises for own residence shall, numberwithstanding anything companytained in this Act, or in the Bombay Land Requisition Act, 1948, or in any other law for the time being in force, or in any companytract, or in any judgment, decree or order of any companyrt passed on or after the 11th June, 1996, be deemed to have become, for the purposes of this Act, the tenant of the landlord and such premises shall be deemed to have been let by the landlord to the State Government or, as the case may be, to such Government allottee, on payment of rent and permitted increases equal to the amount of companypensation payable in respect of the premises immediately before the said date. One of the grounds of challenge was that the requisition order companyld number survive for such a long period of time and the Government was bound to derequisition the flat. Many of these premises have since been derequisitioned by the Government, as per Court orders or having regard to certain other circumstances. 53 of 1993 and 27 of 1994 filed by the Grahak Sanstha Versus State of Maharashtra, has given a final decision on the 27th April, 1994 in the matter of requisitioned premises AIR 1994, S.C., 2319 , upholding the decision in the H.D. 5692/98, 5681 5691/98, 6145/01, 6146/01, 7879/01, 4091/02, C.A. The statement of objects and reasons accompanying the Ordinance is very relevant and shall have to be referred to while dealing with the companytentions raised by the companytending parties before this Court and therefore the same is reproduced hereunder STATEMENT The Bombay Land Requisition Act, 1948 is enacted to provide for requisition of land for relieving the pressure of accommodation, especially in urban areas, by regulating distribution of vacant premises for public purposes, and for certain other purposes incidental thereto. WITH A. Nos.5169/98, 5170/98, 920/99, 2484/99, C.A. 15262 15263/02 , C.A. The owner filed a Writ Petition in the year 1980 under Article 226 of the Constitution, laying challenge to the validity of the requisition. In spite of such status of tenant having been companyferred on the person in occupation or possession and the owner of the property having been declared to be landlord, the Ordinance took care to clarify by sub section 2 of Section 3 Save as otherwise provided in this section or any other provisions of this Act, numberhing in this Section shall affect a the rights of the landlord including his right to recover possession of the premises from such tenant on any of the grounds mentioned in Section 13 or in any other Section b the right of the landlord or such tenant to apply to the companyrt for the fixation of standard rent and permitted increases under this Act, by reason only of the fact that the amount of the rent and permitted increases, if any, to be paid by such tenant to the landlord is determined under sub Section 1 c the operation and the application of the other relevant provisions of this Act in respect of such tenancy. 1405 1407/2003 SLP C 359 361/99 , C.A. A purchaser of the property in 1973 once again made a request to derequisition the flat, which too was turned down. The owner made a request in 1964 to the Competent Authority for derequisitioning the flat, which was rejected. Act No. 1408 1409/2003 SLP C Nos. Nos. 5334/02 C. Lahoti, J. The decision by the Division Bench of the High Court of Judicature at Bombay was delivered on 27th July 1998. Voras case 1984 2 S.C.C. Further the Supreme Court in Writ Petition No. Several Writ Petitions were filed which were all disposed of by the impugned judgment of the Division Bench. Leave granted in all SLPs. The occupant came in appeal by special leave to this Court.
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2003_84.txt
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What is in dispute among the plaintiff and the defendants already on record is about the companystruction being made by the plaintiff. Even if the pleadings of the plaintiff have to be companysidered, the title of the plaintiff over the suit property is number in dispute. yards was purchased by the vendor of the plaintiff. In that case the petitioner had already been impleaded on his application as he was expressing the grievance of the infringement of his right for light and air in view of the companystruction of the plaintiff. Because the defendants already on record have said to have issued numberice to the plaintiff stating that the companystruction is illegal. The objection of the plaintiff is that because he is challenging the numberice issued by the Municipality in respect of the companystruction, since the petitioner is number having any right over the suit property, he is number necessary party. In the suit, the respondent No. 2 and 3 herein have numberright to interfere with the companystruction being put up by the plaintiff. It is stated that the earlier suit was withdrawn and subsequently, plaintiff filed the present suit for declaration that the numberice issued under section 452 of the Municipal Corporation Act is illegal. 1 plaintiff before the High Court. The appellant, who is plaintiffs neighbour, made applications for his impleadment in the suit and the application for interim relief. The trial companyrt, while allowing the said applications made by the present appellant, observed as follows The claim of petitioner is that, though he is number claiming right over the property of plaintiff, his grievance is only about the companystruction being made by the plaintiff because it is effecting his right for light and air. The applicant did number claim any right, title or interest in the suit schedule property but claimed that there is infringement of his right of light and air if the companystruction by the plaintiff is companymenced and companypleted and, therefore, he is a proper party in the matter. Challenging the said numberice the present suit is filed. The present suit is filed after withdrawing the previous suit for injunction filed against Municipality said to be filed before issuance of the numberice under Section 452 of Municipal Act. Having companysidered the decisions relied by either party to my companysidered opinion, the decision relied by the third party petitioner is that similar facts as of the present case on hand wherein the Court held that though the said third party is number a necessary party, but he is proper party in respect of his grievance to the suit proceedings there in and ordered his impleading in the suit. The trial companyrt heard the plaintiff and the proposed party and by order dated 20.07.2010 allowed the said applications. The plaintiff also prayed for perpetual injunction restraining the two defendants, their officers officials servants from interfering with the suit scheduled property and by directing them number to demolish or cause any damage to the suit schedule property. 1 herein filed a suit for declaration and perpetual injunction against the Greater Hyderabad Municipal Corporation respondent No. The facts in the decisions relied by the Learned Counsel for plaintiff are number similar to the facts on hand. 1 and, in the light of the view which it took, it recalled its earlier order dated 08.06.2011. In this case though the third party petitioner is number claiming any title over the property. Under Order 1 Rule 10 a party would become necessary party or proper party if he is having only over the subject matter to be adjudication under the suit and then can be impleaded. 1 then made applications for review of the order of the High Court dated 08.06.2011. Therefore by following the decisions relied by Learned Counsel for third party petitioner in 2005 6 ALD NOC 223 Between Neelam Ajit Vs.
S. Suresh Reddy and another , I hold that the third party petitioner can be impleaded in the suit and as well as the application for injunction as Defendant No. 2870 and 3882 of 2010, dismissed the said revision petitions and companyfirmed the orders passed by the trial companyrt, permitting the first respondent to companye on record as defendant in the said suit OS No. Admittedly, numberrelief is sought in the present suit against the first respondent. 1 plaintiff prayed that numberice dated 23.12.2009 issued under Section 452 of the Greater Hyderabad Municipal Corporation Act, 1955 be declared as illegal, void and number legally tenable. The High Court by the impugned order recalled its earlier order dated 08.06.2011 and directed the trial companyrt to companysider the applications for impleadment afresh. The High Court, after hearing the parties, by its order dated 08.06.2011 dismissed the Civil Revision Petitions filed by the respondent No. While recalling the order dated 08.06.2011, the High Court observed thus During enquiry of the review applications, the petitioner filed several documents including the sale deeds and the sanctioned plan and also photographs in support of his companytention that while making the companystruction he has left the space towards set backs as required under the rules and the companystruction is in accordance with the sanctioned plan and the question of petitioners companystruction causing obstruction to the free flow of light and air to the first respondents six storied building does number arise. It was further prayed that the defendants respondent Nos. 2870 and 3882 of 2010 and adopting the reasons mentioned therein, the present revision petitions are also dismissed. The issue raised in the present revision petitions virtually companyered by the said earlier order dated 25.10.2010 in CRP Nos. It is further stated that both the parties made companystructions in their respective plots and allegations and companynter allegations were made against one another alleging deviations from the sanctioned plan and violation of the building rules. I have companysidered other submissions also made and the citations relied by the either side. It is number disputed that previously in the similar circumstances, this Court by companymon order dated 25.10.2010 in CRP Nos. 960 of 2010 and companyy of the said order is placed on record. The above order of the trial companyrt was challenged by the respondent No. yards was purchased by the first respondent and the other portion companyprising of 580 sq. The said documents were number filed before the trial Court and hence, there was numberoccasion for the trial Court to refer to the same in the impugned order. 2 herein and the Assistant City Planner respondent No. 3 herein . The respondent No. 3 and Respondent No. M. Lodha, J. 3 respectively. Leave granted.
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2013_692.txt
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Gupta, S.C. Mazumdar and B.N. VIII 332 of 1961. 514 of 1963. L. Sen Gupta and Janardan Sharma, for the respondents. V. Viswanatha Sastri, D.N. Appeal by special leave from the judgment Award dated August 21, 1962, of the Fourth Industrial Tribunal, West Bengal in Case No. Ghosh, for the appellant. It is against this award that the appellant has companye to this Court by special leave. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1963_182.txt
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Terminal taxes were of the nature of octrois, but were number quite the same. Goods companysumed by the Company Goods sold by the Company through its dealers or by itself and companysumed within the octroi limits by persons, other than the Company Goods sold by the Company through its dealers or by itself inside the octroi limits to other persons but companysumed by them outside the octroi limits and Goods sent by the companypany from its Depot inside the octroi limits to extra municipal points where they are bought and companysumed by persons other than the companypany. and for octroi to be levied the goods must be brought in for sale, use or companysumption. terminal taxes are also octroi in a sense and instead a description of the tax was mentioned in entry No. Most of the Municipal laws allowed companylection of terminal taxes only if octrois were number levied. The history of these two taxes clearly shows that while terminal taxes were kind of octroi which were companycerned only with the entry of goods in a local area irrespective of whether they would be used there or number octrois were taxes on goods brought into the area for companysumption, use or sale. It was only in 1954 when the Legislature seeking to bring the description of octroi in. After the Scheduled tax Rules the companylection of terminal tax was restricted to those areas in which octroi was levied on or before July 6, 1917. In allocating octrois to the Provinces, the word itself was avoided because,. Octrois and terminal taxes were different taxes though they resembled in one respect, namely, that they were leviable in respect of good brought into a local area. During this time, octroi duty levied on all goods brought inside the octroi limits of the Municipality, irrespective of their destination according to the four categories above enumerated, amounted to Rs. The main differences were that there was numbersystem of refunds under the Terminal Tax Rules Terminal taxes as Findlay Shiffas tells us were sometimes known as octrois without refunds. IV page 401 requirement peculiar to octroi that, for this tax to become leviable,the goods. The appeal arises out of proceedings companymenced by the Company against the Municipality under Article 226 of the constitution for a writ or, writs to prohibit the Municipality from arguing octroi from the Company on its products brought inside the octroi limits for sale. While terminal taxes were leviable on goods imported or exported from the Municipal limits denoting thereby that they were companynected with the traffic of goods, octrois, according to the legislative practice then obtaining were, leviable in respect of goods brought into a Municipal area for companysumption or use or sale. According to the Company, the goods, brought by it within the octroi limits can be divided into four separate categories as follows 1 . The Company claimed in the High Court that it was number liable to pay octroi on categories other than the first. entry of goods into a local area for companysumption, use or sal This scheme has been repeated in the Constitution with the difference that the entry relative to terminal tax number reads terminal taxes on goods and passengers carried by railway, sea or air, and the word taxes replaced the word cesses in the entry, relative to octrois. Ever since its enactment, numberdispute seems to have been raised by any person that goods brought in for sale were exempt from octrois. It is number necessary to cite the Municipal Acts prior to 1935 but a reference to them will amply prove that such was the tax which was companytemplated as octroi. The Company deals in petrol and other petroleum products which it manufactures in its refineries situated outside the octroi limits of Belgaum Municipality It brings these products inside the said area either for use or companysumption by itself or for sale generally to its dealers and licensees who in their turn sell them to others. This is how the editors describe octrois or As companypared with the facilities of the National Government the possibilities of raising revenue by local bodies arc quite limited. All persons who brought the goods apparently paid this tax without objection. Usually,, this requirement is sought to be satisfied by a the ab initio exemption of the goods which merely pass , through the area, whether the exit is immediate or after an interval, or b by the subsequent refund of the tax companylected on such goods.,
Exemptions and refunds, therefore, are the distinguishing features of the octroi system. must number only enter the area, but, must be, for the purpose of companysumption, use or sale therein. The Company in the numbermal companyrse of its business operations appoints dealers and licensees and typical forms of agreement between the Company and such dealers and licensees have been exhibited in the case. The Company has a Divisional Office and Depot in Belgaum and the petition in the High Court was filed ,by the Divisional Manager in charge of that area. The Company also directly sells its products to Government both Civil Military, and to local bodies and big private companycerns. In this appeal by certificate ,under Article 133 1 b of the Constitution granted by the High Court of Mysore against its judgment and order dated May 31, 1960, the Burmah Shell Oil Storage Distributing Company of India Ltd. is the appellant and the Belgaum Borough Municipality, Belguam, the respondent. As the Taxation Enquiry Commission observes Vol. 1,40,544.51 nP. 49, which has been quoted already, and which read Cesses on the. V.Viswanatha Sastri and R. Gopalakrishnan, for the respondent. C. Setalvad, Attorney General of India, D.N. III Ch. Appeal from the judgment and order dated May 31, 1960, of the Mysore High Court in Writ Petition No. Mukherjee and B. N. Ghosh, for the appellant. The judgment of the Court was delivered by HIDAYATULLAH, J. CIVIL APPELLATE JURISDICTION Civil Appeal No 431/1961. We are companycerned in this appeal with a period of three years companymencing on October 22, 1955, and ending on a like date in 1958. The petition of the companypany was dismissed by the High Court. When the Government of India. 94 of 1959. November 16.
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1962_166.txt
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M 21109 of 2012 and Manjit Kaur and Mandeep Kaur filed Criminal Misc. Against the said FIR, Manjit Kaur and Mandeep Kaur filed an application for anticipatory bail being No. In the meantime, Manjit Kaur and Mandeep Kaur again moved a petition being Criminal Writ Petition No. Against the said order, Manjit Kaur and Mandeep Kaur preferred Special Leave Petition No. Being aggrieved by the order dated 03.05.2012, the appellants, viz.,
Manjit Kaur and Mandeep Kaur filed Criminal Writ Petition No. Questioning the order dated 07.11.2012, the appellants, viz.,
Manjit Kaur and Mandeep Kaur, filed Special Leave Petition No. 6148 of 2012 and Sharanjit Kaur and Mukhtiar Singh also filed a similar application being No. 17 was lodged by one Kahan Singh, r o Village Chugawan Roopamali, Kathunangal, Amritsar, against Sharanjit Kaur, Mukhtiar Singh, Manjit Kaur and Kirandeep Mandeep Kaur, r o Village Mann, Tehsil and District Amritsar, at P.S. Aggrieved by the orders dated 18.05.2012 and 19.04.2012, Sharanjit Kaur and Mukhtiar Singh filed Criminal Misc. 1843 of 2012 before the High Court. Himachal Pradesh Panchayati Raj Act, 1994, Jammu and Kashmir Panchayati Raj Act, 1989, Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, Uttar Pradesh Panchayat Raj Act, 1947 and Bihar Panchayat Raj Act, 1993 which companytained various provisions relating to Nyaya Panchayats in the companycerned State. M 21109 of 2012 and Criminal Writ Petition No. Being aggrieved by the order dated 23.07.2012, the companyaccused Sharanjit Kaur and Mukhtiar Singh filed Special Leave Petition No. 1843 of 2012 filed by the appellants herein. M 12763 of 2012 before the High Court for anticipatory bail which were dismissed by orders dated 23.07.2012 and 03.05.2012 respectively. 9690 of 2012 before this Court. 4932 of 2012 before this Court. 1843 of 2012 before the High Court praying for an order restraining their arrest in view of the Punjab Panchayati Raj Act, 1994 being a Special Act applicable to the offences leveled against them. It is also pointed out by the State that numberinvestigation can be carried out by the police when the offence is triable by Gram Panchayat is misconceived. The Panchayati Raj Institution has been in existence in the companyntry for a long period of time. The High Court, by orders dated 03.05.2012 and 23.07.2012, dismissed the same. 7617 of 2012 under Section 438 of the Code of Criminal Procedure, 1973 in short the Code before the Additional Session Judge, Amritsar which were dismissed vide orders dated 19.04.2012 and 18.05.2012 respectively. Thereafter, the appellants filed petitions for anticipatory bail before the High Court companytending that numberinvestigation companyld be carried out in the case since the offence was triable by Gram Panchayat. of the Punjab Panchayati Raj Act, 1994 which give companyplete powers to the Gram Panchayat to take companynizance of criminal cases, accept companyplaints, companyduct enquiries, summon witnesses, proceed with the trial, pass orders of companyviction, sentence and companypensation, the impugned proceedings initiated under the IPC is sustainable? In order to overcome the shortcoming, various provisions were enacted in the Constitution of India, IPC, Code of Criminal Procedure, 1973 as well as in the Punjab Panchayati Raj Act, 1994 which are as under Constitution of India In the Constitution, a new Part, viz.,
Part IX relating to Panchayats has been added by the Constitution 73rd Amendment Act, 1992 which defines the Gram Sabha and Panchayat as under 243 b Gram Sabha means a body companysisting of persons registered in the electoral rolls relating to a village companyprised within the area of Panchayat at the village level 243 d Panchayat means an institution by whatever name called of self government companystituted under Article 243B, for the rural areas Similarly, under Article 243A, a Gram Sabha may exercise such powers and perform such functions at the village level as the legislature of a State may, by law, provide. The appellants had filed petitions for grant of anticipatory bail before the Additional Session Judge, Amritsar. 1843 of 2012 respectively whereby the High Court dismissed the petitions filed by the appellants herein. By order dated 07.11.2012, the High Court dismissed the Criminal Writ Petition No. 30 lakhs to the companyplainant which got dishonoured due to insufficient funds. These appeals are filed against the final judgment and orders dated 23.07.2012 and 07.11.2012 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Misc. Vide order dated 07.11.2012, learned Single Judge observed that the offence companyes under the purview of IPC and rejected the companytention put forth by the appellants by dismissing their petition for anticipatory bail. 534873 dated 23.02.2012, which got dishonoured due to insufficient funds. Kathunangal, Amritsar under Section 420 of the Indian Penal Code, 1860 in short IPC alleging embezzlement of Rs. On the other hand, it is the stand of the respondent State that in view of serious allegations against the appellants who cheated the companyplainants son and companymitted fraud by taking his money, in spite of Section 44 3 of the Punjab Panchayati Raj Act, 1994, the prosecuting authority is entitled to proceed under the provisions of the IPC. It has been observed that the institutions like the Panchayat Samitis, Zila Parishads and Panchayats have number been able to acquire the status and dignity of viable and responsive peoples bodies due to variety of reasons including absence of regular elections, prolonged suppressions, inadequate representation of weaker sections like scheduled castes and women, insufficient devolution of powers and lack of financial resources. Vide order dated 20.07.2012, this Court, dismissed the same. By orders dated 19.04.2012 and 18.05.2012, the Additional Session Judges dismissed the same by observing that from the allegations made in the FIR, gravity of the offence is quite serious and custodial interrogation of the appellants is necessary for the just and companyplete investigation. 30 lakhs to the companyplainant bearing No. It is also pointed out that the accused persons failed to join the enquiry proceedings despite being called a number of times and as such the accused would have never appeared before the authority like Panchayat. Vide order dated 21.09.2012, while issuing numberice, this Court stayed the arrest of the companyaccused. On the other hand, it is the stand of the State that criminal companyrts have numberbar for initiation of proceedings against the accused. 30 lakhs. Heard Mr. R.K. Kapoor, learned companynsel for the appellants, Mr. Ajay Kapur, learned AAG for the respondent State and Mr. A.S.Chandhiok, learned ASG as amicus curiae. Despite repeated requests, the appellants failed to honour the promise and issued a cheque of Rs. It was also alleged in the companyplaint that on failure to honour the promise, the appellants issued a cheque of Rs. 30 lakhs on the pretext of sending his son Gurpreet Singh to America for a permanent job for which he paid the above said amount in several instalments to the accused persons. It is also relevant to numbere that the companyplainant, under the hope that his son would be sent to America in order to get settled in life, went to the extent of selling his property and arranged funds to the tune of Rs. Brief facts On 03.04.2012, a First Information Report FIR being No. Sathasivam,J. Discussion It is the claim of the appellants that whether in view of Sections 4 2 , 5, 44 51, 71 and 77 etc. In order to understand the rival companytentions, it is useful to refer the brief facts. The companyplainant has also filed an affidavit highlighting all these details. These orders are under challenge before this Court by way of the present special leave petitions. Leave granted.
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2013_383.txt
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As per the assessee, for this purpose, it receives hot rolled SS patta patti from other manufacturers and thereafter undertakes the process of companyd rolling in the companyd rolling mill. The assessee claims that apart from companyd rolling, numberother process was undertaken by the assessee on the SS patta patti. Cold rolling is a process by which the sheet metal or strip is introduced between rollers and then companypressed and squeezed. On the appeals filed by the assessee and the suppliers of the companyd rolled SS patta patti, the Tribunal by a 2 1 majority held that the process of companyd rolling amounts to manufacture in view of Chapter Note 4 to Chapter 72. The Commissioner held the process of companyd rolling to be amounting to manufacture, in terms of Chapter Note 4 to Chapter 72. Hot working processes are forging, rolling, pipe welding, extrusion, spinning and hot piercing and rolling tubes etc.,
while companyd rolling processes companymonly employed are rolling, extrusion, pressing and deep drawing, stamping, squeezing, bending, shearing etc. The factual background under which the appeals have been preferred by the appellants can be captured by taking numbere of the following salient features The assessee is engaged in the process of companyd rolling of hot rolled stainless steel patta patti on job work basis. Cold rolled metal is given a temper rating based on the degree it was companypressed. It is also the case of the assessee that by the process of companyd rolling, only the gauge of the SS patta patti gets reduced and numbernew companymercially identifiable companymodity companyes into existence, and the appellants were under the bona fide belief that the process of companyd rolling does number amount to manufacture under the Central Excise Act and accordingly did number take out central excise registration and did number discharge any central excise duty liability. This companyd working hardness is often called temper, although this has numberhing to do with heat treatment temper. Cold rolled sheet can be produced in various companyditions such as skin rolled, quarter hard, full hard depending on how much companyd work has been performed. Cold rolled sheet products are used in these and many other areas of manufacturing. During the companyrse of panchnama itself, it was stated by Shri Rajnibhai in presence of panchas That the said factory was engaged in the reduction of gauge 15 gauge to 20 gauge of hot rolled SS patta, received from various parties on two companyd rolling installed in the factory from November, 1995 to March, 1997 That hot rolled SS pattas after annealing and picking process were received from various units in his factory and after reducing the gauge from 15 to 20 gauge in his factory, the same was sent back to senders on job charges of Rs.1.50 per KG for the said process That they closed the said two rolling mills in April, 1977 and sold out the parts other than housing, debapti and gearbox. Cold rolling changes the mechanical properties of strip and produces certain useful companybinations of hardness, strength, stiffness, ductility and other characteristics known as tempers. It is number disputed that companyd rolled sheet products are used in a wide variety of end applications such as appliances refrigerators, washers, dryers, and other small appliances, automobiles exposed as well as unexposed parts, electric motors, and bathtubs. For this purpose, the assessee receives job charges from the suppliers of the materials. It usually involves working at ordinary room temperature, but for high melting point metals companyd working may be carried out at a red heat. The amount of strain introduced determines the hardness and other material properties of the finished product. After companysidering the reply of the assessee, the Commissioner of Central Excise, Ahmedabad passed Order in Original companyfirming the duty demand of Rs.12,20,563/ after extending the benefit of small scale exemption and imposing penalty of Rs.12,32,563/ on the assessee. The assessee had undertaken this activity during the period between November 1995 and March 1997. The Commissioner also imposed penalties on the suppliers of the materials.
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2015_521.txt
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Similarly, Administrative Report for 1996 97 also mentions fixation of royalty on mines minerals through numberification dated 28.9.1994. Further 400 companyies for the Vidhan Sabha and 100 companyies for Vidhan parishand were sent for circulation. About 400 companyies were sent to Vidhan Sabha and 100 companyies to Vidhan Parishad. Similarly, the Administrative Report for 1995 96 mentions the fixation of royalty as fixed by numberification dated 28.9.1994, is mentioned para 4.4 of Chapter at page 7. It is in this companytext department of Mines and Geology prepared and sent its administrative report for 1994 95, 1995 96 and 1996 97 and the numberification dated 28.9.1994 is referred in these reports. The affidavit further states, every year Department of Mines and Geology prepares Administrative Report, which includes the revenue earned from mining and there is a section in the office which reports the prevailing rates of royalty and the numberifications under which it is fixed. Next on 3rd August, 1977 the rate of stone chips, Ballast and Boulder was increased to Rs.3/ per cubic meter that is Rs.8.49 per 100 cubic ft and from 17th August, 1991 impugned the rate of royalty of stone chips, Ballast and Boulder was increased to Rs.12/ per cubic meter that is Rs.33.96 per 100 cubic ft.
By numberification dated 28th November, 1994 impugned the rate of royalty was Rs.25/ per cubic meter or Rs.70.75 per 100 cubic ft.
for Ballast, Boulder and stone chips, which according to the appellants is more than 15 times as originally provided and more than 5 times in excess of the maximum rate of 12 of sale price at pits mouth under Entry 54 of Schedule II. In 1994 95 Administrative Report, the impugned numberification dated 28.9.1994 is mentioned in para 4.40 of Chapter IV at page 6 and numberification as a whole is included as Annexure 6 at page 29. Based on the aforesaid averment in the companycluding para of the affidavit it is averred it is clear that the numberification dated 28.9.1994 fixing royalty had been laid before the two houses of the State legislature as required by Section 28 3 of the Mines and Minerals Regulation and Development Act, 1957. As per the State affidavit, on the date the arguments companycluded in this case, a fax message was received by the Standing Counsel that the numberification dated 28.9.1994 had been placed before two houses in the May June 1994 and 1995 session through Administrative Report of the Department of Mines and Geology. for the grant of prospecting licences and mining leases prospecting of an area and preparation of mining plan as a pre condition for the grant of a mining lease rationalisation of the period of mining leases, and renewals thereof shorter periodicity for purposes of revision of royalty and dead rent and provision for increasing the quantum of punishment to curb illegal mining activities. Each year these reports were supplied to the Secretary, Bihar Vidhan Sabha with sufficient number of companyies enable its circulation to the members of the two Houses. It may be pointed here, out of the two impugned numberifications only one numberification dated 28.9.1994 was required to be placed before the House of the State Legislature since sub section 3 of Section 28 was only brought in the year 1994. It is also number in dispute by the aforesaid Act, under Item 54 of List I, VII Schedule of the Constitution of India, the regulation of mines and mineral development both of major and minor minerals came under the companytrol of the Union, including fixation of the rate of royalty. This report is sent every year to both the houses of the State Legislature through their respective Sections. Based on this the submission is, Item 54 of the Second Schedule of the Act companytrols and guides the State Government hereinafter referred to as the State , for fixing or enhancing the rate of royalty which has to be within the reasonable bounds of 12 of the sale price at the pits mouth. It seems various departments of the Government sends its administrative report every year with respect to its functioning and revenue earned. An additional affidavit by Mr. Anand Vardhan, District Mining Officer dated 1st May, 2000 was filed on behalf of the respondent State of Bihar. In the reply affidavit for the appellants one Mr Subhash Kumar, a letter dated 4.6.2000 which is in response to a quary is annexed, which is of under Secretary, State Minister Homes, annexing letter No. 4/99 4 7 dated 27th May, 2000 of the Dy. A reply affidavit dated 4th June, 2000 was filed by one Mr. Subhash Kumar, Secretary of the appellants association. In fact, the letter dated 27th May, 2000 from Shri Jagdish Prasad Yadav, Dy. Subsequent to the companyclusion of the hearing, learned companynsel for the State sought leave of this companyrt, which was granted, to place affidavit with annexures to substantiate its submission.
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2000_654.txt
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Special Officer for cashew industry, Kollam for necessary action. Officer for Cashew Societies, Vikas Bhavan, Thiruvananthapuram. Similar numberices stating identical grounds were sent to 36 other cashew factories in 1988 by which the said factories were also acquired under the said Act. Identical numberices were sent between 1984 and 1986 to 10 cashew factories under Section 3 of the Acquisition Act, and the said factories were acquired under the Act pursuant to those numberices. Director of Industries and Commerce and Spl. T. Suhara Beevi, C o Musaliar Industries Kilikolloor, Kollam 4. The 10 cashew factories that were acquired filed writ petitions in the High Court in the year 1985 1986, which were dismissed by a companymon judgment dated 20.1.1994. AP.11 located in Eruva, Kayamkulam, in Karthikappally Taluk, Alapuzha District of which Smt. Interested persons are hereby directed to file their objections, if any, before the Government of Kerala against the proposed action within seven days of the receipt of this numberice or the publication of this numberice in the newspapers, whichever is earlier or if they numberdesire, appear before Shri N. Gopalan Nair, Additional Director of Industries and Commerce and special office for cashew societies at the District Industries Centre, Kollam at 11 a.m. on 23.9.1985 and state their objections. On the making of a declaration under sub section 1 , the cashew factory to which the declaration relates, together with all machinery, other accessories and other movable properties as were immediately before the appointed day in the ownership, possession power or companytrol of the occupier in relation to the factory and all books of accounts, registers and other documents relating thereto shall stand transferred to, and vest in, the Government. Towards the end of the said numberice, under the heading Grounds it has been stated that the factory was lying closed and that there was numberpossibility of it to start functioning within a period of ten days or in the immediate future and, therefore the Government was of the opinion that the said situation will lead to a large scale unemployment It need number be impressed that an order under Section 3 1 on the ground specified in clause c of sub section 1 can be issued by the State Government only when the State Government is satisfied that there has been large scale unemployment, other than by way of lay off or retrenchment, of the workers of a cashew nut factory. By Order of the Governor Place Thiruvananthapuram M. Vijayanunni Dated 16.9.1985 Special Secretary to Governor Industries Department To, Smt. Copy to Shri N. Gopalan Nair, Addl. Meanwhile, the 36 factories approached the Supreme Court directly in writ petitions filed under Article 32 of the Constitution. The Director of Public Relations for immediate publication in any two leading dailies having wide circulation. Forwarded By order Sd Section Officer.
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2015_62.txt
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To start with there was numberprovision for payment of DR to the pensioners. After having numbered the various suggestions which the Commission received in reply to its questionnaire, it recommended that all future pensioners, irrespective of the amount of pension drawn by them, should be given relief 5 of their pension subject to a minimum of Rs 5 per mensem and maximum of Rs 25. Disallowing of DR on pension on re employment To answer the above question involved in some of the appeals, the background leading to the aforesaid decision may be briefly numbered. The Commission companysidered this matter and also the question regarding the manner in which some relief companyld be provided to the future pensioners. This companyglomeration of appeals some of which arise because of leave already granted and some came into existence because of leave being granted require us to decide three questions Whether the decision of the Union of India number to allow Dearness Relief DR on pension to the ex servicemen on their re employment in a civil post is in accordance with law or number Whether denial of DR on family pension on employment of dependants like widows of the ex servicemen is justified or number and Reduction of pay equivalent to enhanced pension of those exservicemen who were holding civil posts on 1 1 1986, following their re employment, is permissible or number. Various representations were made to the Third Pay Commission seeking some recommendations in this regard for protecting the pension of the government employees from erosion on account of possible increases in the companyt of living in future. The Commission further recommended that the relief should be given as and when there is a 16 point rise in the 12 monthly average of the All India Working Class Consumer Price Index. This recommendation of the Commission was accepted by the Central Government vide its Office Memorandum of even number dated 6 4 1974, making the relief available to those employees belonging to Classes 11, III and IV, who retired from service prior to 1 1 1973, as well as those who retired afterwards. We would examine these questions seriatim. The Judgment of the Court was delivered by HANSARIA, J. The parties who lost have preferred these appeals.
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1994_858.txt
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JMFC at Ranebennur, Karnataka in Criminal Case No. G. Balakrishnan, C.J.I. 993/2001, by way of a judgment dated 30 5 2005. 75,000, failing which he would have to undergo three months simple imprisonment S.I. The said companystruction was companypleted on 20 10 1998 and this indicates that the parties were well acquainted with each other. In the present case, the trial companyrt had acquitted the appellant accused in a case related to the dishonour of a cheque under Section 138 of the Negotiable Instruments Act, 1881 Hereinafter Act. 1367/2005 dated 26 10 2005, the appellant accused has approached this Court by way of a petition seeking special leave to appeal. As per the respondent complainant, the chain of facts unfolded in the following manner. This finding of acquittal had been made by the Addl. Aggrieved by this final order passed by the High Court of Karnataka in Criminal Appeal No. Leave granted.
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2010_1266.txt
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They are in the category of untrained teachers. The appellants were working as Assistant Teachers in different elementary schools in Godda district in the State of Bihar. Under the orders of the Supreme Court and those of the High Court which followed, the State Government was to fill up the existing vacancies, if any, by appointing the appellants and other untrained teachers who were eligible to be appointed against those vacancies and in case vacancies did exist as on January 1, 1992 the teachers so appointed against those vacancies would be entitled to salary from July 1, 1992 till their appointment. If there were numbervacancies, these untrained teachers had to be appointed in the new vacancies which might be available thereafter and in that case they were number be entitled to the salary from 1st July 1992 till the date of their appointment. Similar orders were passed in other writ petitions filed by untrained teachers as well. They made their claim for the arrears of salary and since there was numberresponse from the State Government, they filed petition for initiation of companytempt proceedings against the State as well as its functionaries being the Director, Primary Education Deputy Commissioner cum Chairman of the District Establishment Committee, Godda and District Superintendent of Education, Godda district. Appellants were appointed on October 4, 1994 pursuance to the directions of the High Court on October 4, 1994 by an order issued by the District Superintendent of Education, Godda. They claimed that it was case of reappointment under the orders of the Court and that since they were appointed against vacancies existing prior to January 1, 1992, they were entitled to salary from July 1, 1992 till October 3, 1994. Appellants are receiving their salaries w.e.f. Since it was the case of the respondents that numbervacancy existed in the Godda District as on January 1, 1992, High Court by the impugned order dated July 8, 1998 dismissed the companytempt proceedings. This was so as salaries had been disbursed up to June 30, 1991. October 4, 1994. Appellants and some other teachers like them got similar orders from the High Court in their respective writ petitions. Some of the teachers similarly placed filed writ petitions in the High Court against their termination and the matter ultimately reached this Court. However, when they are appointed the period of break in service number exceeding one year will be taken into companysideration for benefits other than salary. The main order passed by the High Court is dated January 20, 1993 in CWJC No.7000/92. On refusal of the Patna High Court to initiate proceedings for companytempt against the respondents, the appellants have companye to this companyrt. P. Wadhwa, J. Their services were terminated. The appeal is disposed of accordingly with numberorder as to companyts. Leave granted.
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1999_1017.txt
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Professor, Radiology, KEM Hospital. Ultrasonography was performed at KEM Hospital on 12.1.2017 by the Additional Professor, Radiology. Nandanwar, Professor and HOD, Obstetrics, KEM Hospitals Dr. Anahita Chauhan, Professor and Unit Head, Obstetrics Gynecology, LTMMC and LTMG Hospitals Dr. Hemangini Thakkar, Addl. Medical College KEM Hospital, Parel, Mumbai 400 012. As on 12.1.2017, she was into her 24th week of pregnancy. By order dated 11.1.2017, while issuing numberice to the respondents, this Court gave a direction for examination of petitioner number1 by a Medical Board companysisting of the following seven Doctors Dr. Avinash N. Supe, Director Medical Education Major Hospitals Dean GK Chairman Dr. Shubhangi Parkar, Professor and HOD, Psychiatry, KEM Hospital Dr. Amar Pazare, professor and HOD, Medicine, KEM Hosptial Dr. Indrani Hemantkumar Chincholi, Professor and HOD, Anaesthesia, KEM Hospital Dr. Y.S. Ultrasonography diagnosis has revealed a single live fetus with anencephaly with mild polyhydramnios with hypotelorism. By its report dated 12.1.2017, the Medical Board has examined petitioner number1 with specific reference to their special expertise for general, medical, radiological, psychiatric and anaesthetic evaluation. An obstetric evaluation was done by two Obstetricians. The said Board has further reported that obstetric examination shows 24 weeks pregnancy, external ballottement present, fetal parts number well felt with mild polyhydramnios. This is also borne by the report dated 12.1.2017, received from the Director ME MH s Office, Seth G.S. She apprehended danger to her life, having discovered that her fetus was diagnosed with Anencephaly, a defect that leaves foetal skull bones unformed and is both untreatable and certain to cause the infants death during or shortly after birth. On internal examination, the cervix is posterior and OS is closed. Petitioner No.1 Meera Santosh Pal, is 22 years old, has approached this Court under Article 32 of the Constitution of India seeking directions to the respondents to allow her to undergo medical termination of her pregnancy. This companydition is also known to endanger the mothers life.
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2017_29.txt
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The State of Madras maintains four Medical Colleges and only 330 seats are available for students in those four Colleges. Out of these 330 seats, 17 seats are reserved for students companying from outside the State and 12 seats are reserved for discretionary allotment by the State and the balance of the seats available are apportioned between four distinct groups of districts in the State. Likewise, the State of Madras maintains four Engineer ing Colleges and the total number of seats available for students in those Colleges are only 395. Out of these, 21 seats are reserved for students companying from outside the State, 12 seats are reserved for discretionary allotment by the State and the balance of the seats available are appor tioned between the same four distinct groups of districts. which laid down rules to be observed by the selection companymittee in the matter of admission of students to the Medical and Engineer ing Colleges of the State. For many years before the companymencement of the Constitu tion, the seats in both the Medical Colleges and the Engi neering Colleges so apportioned between the four distinct groups of districts used to be filled up according to cer tain proportions set forth in what used to be called the Communal G. O. of the total number of seats available for students of the State were filled by women candidates separately for each region, it being open to the selection companymittee to admit a larger number of woman candidates in any region if qualified candidates were available in that region and if they were eligible for selection on merits visa vis the men candidates in accordance with the general principles governing such admissions as laid down in those rules. 9.70 of 1951 State of Madras v. Srimathi Champakam Dorairajan and Case No. It appears that the proportion fixed in the old Communal G.O. 271 of 1951 State of Madras v. C.R. Sri Srinivasan who had actually applied for admission into the Government Engineering College at Guindy, filed a petition praying for a writ of mandamus or any other writ restraining the State of Madras and all officers thereof from enforcing, observing, maintaining or following the Communal G.O. in and by which admission into the Engineering College was sought to be regulated in such manner as to infringe and involve the violation of the fundamental right of the petitioner under article 15 1 and article 29 2 of the Constitution. 29 2 of the Constitution and praying for the issue of a writ of mandamus or other suitable prerogative writ restraining the State of Madras and all officers and subordinates thereof from en forcing, observing, maintaining or following the order of the Government known as the Communal G.O. 226 of the Constitution for protection of the fundamental rights of the petitioners under Art. In the case of the Medical Colleges, number less than 20 per cent. Thus, for every 14 seats to be filled by the selection companymittee, candidates used to be selected strictly on the following basis Non Brahmin Hindus 6 Backward Hindus 2 Brahmins 2 Harijans 2 Anglo Indians and Indian Christians 1 Muslims 1 Subject to the aforesaid regional and what have been claimed to be protective provisions selection from among the applicants from a particular companymunity from one of the groups of districts used to be made on certain principles based on academic qualifications and marks obtained by the candidates. Aliadi Krishnaswami Aiyar Alladi Kuppuswami Aiyar, with him for the respondents. Srinivasan which are appeals from the judgment passed by the High Court of Judicature at Madras on July 27, 1950, on two separate applications under article 226 of the Constitution companyplain ing of breach of the petitioners fundamental right to get admission into educational institutions maintained by the State. has been adhered to even after the companymencement of the Constitution on Janu ary 26, 1950. 270 an d 27 1 of 1951, Appeals under Art. Chari, Advocate General, Madras R. Ganapathy Iyer, with him for the appellant. 15 1 and Art. 132 1 of the Constitution of India from the Judgment and Order dated 27th July, 1950, of the Madras High Court in certain applications under Art. In the affidavit filed in support of his petition, the petitioner has stated that he had passed the Intermediate Examination held in March, 1950, in Group 1, passing the said examination in the first class and obtain ing marks set out in paragraph 1 of his affidavit. 1951, April 9. K.T. This judgment companyers both Case No. The Judgment of the Court was delivered by DAS J. Cases Nos. CIVIL APPELLATE JURISDICTION.
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1951_22.txt
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2.25 per sq. 2.00 per sq. the land acquisition officer awarded companypensation at the rate of one rupee one paise per sq. mohan t. raja and r. nedumaran for the respondent. the following order of the companyrt was delivered ten acres of land belonging to the appellant had been acquired under the land acquisition act. civil appellate jurisdiction civil appeal number 1210 of 1984.
from the judgment and order dated 28.8.1980 of the madras high companyrt in appeal number 213 of 1978.
ram kumar for the appellant. on appeal by the state the high companyrt by the impugned judgment reduced the companypensation to rs.
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1992_361.txt
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in the process of such companylection shells number to fish chanks shells less than 2 1/4 inches in diameter and if any chank shells less than 2 1/4 inches in diameter be brought inadvertently to shore to return at once live to the sea all such to the sea all much undersized shells. in the process of such companylection of shells number to fish chank shells less than 2 1/4 inches in diameter be brought inadvertently to shore to return at once alive to the sea all such undersized shells. the rest of the chanks were number its property. 2819 by sale of chanks gathered by themselves through divers after deducting rs. it used to acquire the stock of companych shells by 1 purchase from divers 2 by purchase from the fisheries department of the government of madras and 3 by fishing for and gathering such shells from the sea. 6111 was an expenditure wholly and exclusively for the purpose of the business of selling shells just as the payment to the divers and other sundry expenses were. to companylect chanks caught in nets and by means of diving as well. an analysis of the agreement shows that the respondent obtained an exclusive right to fish for chanks by the method of diving and nets and to appropriate them except those below 2 1/4 inches in diameter which had to be returned alive to the sea and valampuri shells which had to be sold companypulsorily to government. k. t. m. t. m. abdul kayum and hussain sahib respondent is a registered firm and carries on business in companych shells locally knumbern as chanks which are found on the bed on the sea all along the companyst line abutting on the south arcot district. to deliver to the assistant director of pearl and chank fisheries tuticorn all valampiri shells that may be obtained by the lessee upon payment of their value as determined by the assistant direct. on numberember 9 1945 it took on lease from the director of industries and companymerce madras the exclusive right liberty land authority of fish for take and carry away all chank shells in the sea off the companyst line of the south arcot district including the french kuppams of pondicherry. under the lease which the respondent obtained it had a right to take only chanks of particular dimensions and shape but it had to fish for them and obtain them first. for the assessment year 1946 47 the respondent firm submitted a return of its income to the income tax officer karaikudi circle showing its income from sale of chanks purchased from divers at rs. at the end or sooner determination of the term hereby created peaceable and quietly yield to the lessor the rights and privileges hereby granted and to report to the assistant director of pearl and chank fisheries south tuticorin the actual number of shells kept unsold in different stations after the expiry of the lease period. the respondent had also to report to its lessors at the end of the term the number of shells number sold. the appellate tribunal was of the opinion that the privy companyncil decision companyered the case but felt itself bound by the decision of the full bench of the madras high companyrt in k. t. m. t. m. abdul kayum hussain sahib v. companymissioner of income tax madras 2 .
in one case the leaves had to be picked from the trees by going upon the land while in the other case the chanks had to be companylected and gathered by diving into the sea. 7194 by sale of chank purchased fork government department at rs. the respondent took on lease from the director of industries and companymerce madras the exclusive right liberty and authority to take and carry away all chanks found in the sea for a period of three years ending on june 30 1947.
the companysideration was rs. number at any time hereafter to transfer or under let or part with possession of this grant or the rights and privileges hereby granted or any part thereof without the written companysent of the lessor to report to the assistant director of peals and chank fisheries south tuticorin the actual number of shells kept unsold in different stations after the expiry of the lease period. on further appeal to the appellate tribunal the respondent firm companytended that the decision of the privy companyncil in mohanlal hargovind v. companymissioner of income tax applied to this case inasmuch as the payment was to secure the stock in trade for its business. k. das j. i had taken a view different from that of my learned brethren when this appeal was heard along with pingle industries limited secunderabad v. companymissioner of income tax and that view was expressed in a very short judgment dated april 26 1960.
the respondent firm carried on a business in the purchase and sale of companych shells called chanks . this claim was disallowed by the income tax officer and on appeal by the appellate assistant companymissioner. the appllate tribunal was of the opinion that the privy companyncil decision companyered the case but felt itself bound by the decision of the full bench of the madras high companyrt in abdul kayum hussain sahib v. companymissioner of income tax madras 1939 7 itr 652 mad fb . on further appeal to the appellate tribunal the respondent firm companytended that the decision of the privy companyncil in mohanlal hargovind v. companymissioner of income tax 1 applied to this case inasmuch as the payment was to secure the stockin trade for its business. 6111 from its profits from business on the ground that this was an expenditure number of a capital nature but wholly and exclusively laid out for the purpose of disallowed by the income tax officer and on appeal by the appellate assistant companymissioner. on a certificate of fitness granted by the high companyrt the companymissioner of income tax madras brought the present appeal to this companyrt. in assam bengal cement company limited v. companymissioner of income tax this companyrt referred to the decision in benarsidas jagannath in re and accepted the following broad principles for the purpose of discriminating between a capital and a revenue expenditure. 6111 made by the assessee under the terms of the agreement entered into with the director of industries and companymerce madras on 9th numberember 1945 was number an item of revenue expenditure incurred in the companyrse of carrying on the business of the assessee and therefore allowable under the provisions of section 10 of the indian income tax act ? 6111 being the rent paid to government under the companytract referred to above. the right was exclusive but was number capable of being transferred or underlet and it was for a fairly long period. number at any time hereafter to transfer or under let or part with possession of this grant or the rights and privileges hereby granted or any part thereof without the written companysent of the lessor. 23588 and rs. it disposed of the stock so acquired at calcutta the difference between the companyt price and selling price less expenses being its profit made in business. the tribunal acceded to the demand for a reference to the high companyrt and accdordintgly referred the following question to the high companyrt for its decision. the boundary of the area within which the right companyld be exercised was given in schedule to the lease. the companystline involved was also fairly long. by its judgment dated april 2 1953 the full bench answered the question in favour of the respondent firm. it sought to deduct rs. hence the remark that the leaves were bought as if they were in a shop. the reference first came before a division bench and was then referred to a full bench. whether on the facts and circumstances of the case the payment of the sum of rs.
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1961_82.txt
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The said respondents companytended that they were manufacturers of katha from khairwood. The respondents purchased khairwood and processed the said khairwood by subjecting the wood to various physical and chemical processes and companyverted the khairwood in to katha. 1 to 3 who purchased khairwood and processed the same and manufactured katha are producerswithin the meaning of the Himachal Pradesh Agricultural Produce Marketing Act hereinafter referred to as Marketing Act and whether the said respondents are also dealerswithin the meaning of the Marketing Act and therefore they are required to obtain licence for their trading activities under the said Marketing Act. Though it is obtained from khairwood grown in the farms but without resorting to manufacturing processes, the end product katha cannot be obtained from the khairwood. It was further companytended that the purpose of exemption of the producerswithin the meaning of the Marketing Act was that such farmers who were producers of agricultural produce within the meaning of the Marketing Act were number required to obtain any licence for the purpose of selling their own agricultural produce but the persons who purchase the raw material from outside and produce and product from such raw materials are number exempted from obtaining the licence under the Marketing Act. The appellant No.1, Himachal Pradesh Marketing Board, and the appellant No.2, Marketing Committee, Una, companystituted by the Himachal Pradesh Marketing Board under the Marketing Act, required the respondent No.1 Shanker Trading Co. Pvt. A dealer does number produce agricultural produce. Ltd., to obtain licence and pay the requisite market fee 1 on the sale of katha which are processed by the said respondent during the marketing year. The said demand for obtaining licence and to pay the requisite market fee was made on the footing that the respondents who produce katha are manufacturers and as they also act as dealers of katha under the Marketing Act, they were required to obtain licence for the trading activities within the market area and to pay the requisite market fee for such trading activity. The High Court inter alia has companye to the finding that the manufacturing processes required to be undertaken for obtaining the end product katha from the khairwood as alleged in the writ petition should be accepted in the absence of indicating any other process by the respondents in the Writ Petition the appellants herein for obtaining the end product katha from the khairwood. In any event, the producers selling their manufactured products which is also and agricultural produce are number required to obtain a licence under the Marketing Act either for the purpose of producing or for selling. The farmers who manufacture their agricultural produce but numbersuch exemption is available to a number agriculturist engaged in the manufacture of end product from the agricultural produce. The High Court has indicated that katha is number grown and produced in the farms or by any agricultural process. Ltd., is a private limited companypany which has established its sale depot at Una which is within the jurisdiction of the Marketing Committee at Una within the State of Himachal Pradesh. The respondents Nos.1 to 3 challenged the appellants demand for levy of market fee and also the direction of the appellants asking the respondents to obtain licence under the Marketing Act in the High Court of Himachal Pradesh by filing a writ Petition being writ Petition No. It was companytended inter alia by the appellants that Section 2 h of the said Marketing Act only protects actual producers like the farmers but such protection was number extended to the companypanies like the responded No.1. The respondent No.1.Shanker Trading Co. Pvt. Accordingly, they were number producers. The appellants companytested the said writ Petition by filing a companynter to the writ Petition. N.Ray. 238 of 1989. The said Writ Petition was, however, allowed by the impugned judgment dated November 30, 1994. The questions raised for decision in the appeal are as to whether the respondents Nos. Heard learned companynsel for the parties. Leave granted. J.
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1996_1240.txt
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for the Respondent S.Maanipur and S.K.Sabbarwal, Advs. THE 9TH DAY OF AUGUST, 1996 Present Honble Mr. Justice K. Ramaswamy Honble Mr. Justice G.B.Pattanaik Ashok Grover, Sr.
and Pramod Dayal, Adv. with him for the appellant Manoj Swarup, Adv. 5 and 6, Gurnam Singh and Parminder Singh, were appointed on September 19, 1975 and September 25, 1975 respectively as Assistants on regular basis and ever since they have been companytinuously officiating as Assistants. The appellant while working as a Senior Stenographer had companye to the administrative side as Assistant w.e.f. Nos. 5 and 6 he claims that he is senior to them. 5 and 6 O R D E R The following Order of the Court was delivered Hari Om Verma V. State of Punjab Ors. In the matter of fixation of inter se seniority, since he has been drawing higher pay than the respondent Nos. O R D E R Leave granted. for the Respondent Nos. The admitted position is that the respondent Nos. The High Court in the impugned judgment dated 9.12.1993 in W.P. April 29, 1977 and joined the duty on the said date. We have heard learned companynsel on both sides.
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1996_1980.txt
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p.1 was prepared for having seized the 28 gold bars. w.1 has stated that the said gold bars had foreign markings on them and exh. 2 who was working as a ticket companylector at trichur railway station stated that the 28 gold bars in question were seized on august 91969 at the trichur railway station under the mahazar exh. p.3 regarding the purity and the weight of the 28 gold bars. p.1 at the trichur railway station. p.1 were gold bars in view of the evidence of p.ws. mathan p.w.1 gave evidence about the seizure of the 28 gold bars with foreign markings from the respondent at the trichur railway station on august 9 1969 under the mahazar exh. he further stated that he tested the purity of the said 28 gold bars by rubbing them on the touch stone and found that they were gold bars of 24 carats quality. these gold bars were seized by w.1 in the reasonable belief that they were smuggled goods. 1 opened and searched the steel trunk he found in it 28 gold bars with foreign markings. a mahazar exh. mathan p.w. mathan p.w.1 . mathan inspector of central excise special customs preventive trichur p.w. velayudhan w.3 who was a resident of trichur and a goldsmith by profession stated that the 28 gold bars in question had been examined and weighed by him at the trichur railway station at the request of c.c. p.2 which companytained the statement made by the respondent before the special customs preventive circle superintendent kozhikode in which he had admitted that 28 gold bars with foreign markings had been seized from him under a mahazar and that the said 28 gold bars had number been legally imported to india. p.2 it is possible to hold in this case that the metallic bars seized from the respondent under exh. the respondent had numberauthorisation to keep the said gold with him. 1380/ which was found in the steel trunk was also seized. the high companyrt was in error in companying to the companyclusion that gold had number been seized from the respondent by p.w.1 as per exh. 1 the respondent did number produce any authorisation entitling him to keep the 28 gold bars in question which were valued at rs. he however stated that he had numbertechnical knumberledge about gold and he did number knumber the specific gravity method by which the purity of gold companyld be determined. it is in evidence that the said gold bars were found packed in paper and kept in the inside folds of a blanket underneath some clothes in the trunk seized from the respondent. 1 stated that he was present before the special customs preventive circle superintendent kozhikode when exh. later on it is stated that the 28 gold bars in question were companyfiscated in a proceeding under section 111 d of the companytoms act 1962 read with section 23 a of the foreign exchange regulation act 1947 before the additional companylector of customs companyhin. the respondent was arrested by c. mathan p.w. velayudhan p.w.3 who was a certified goldsmith further stated that he companyld by experience assess the purity of gold by rubbing it on a touch stone. in his examination under section 342 of criminal procedure companye in answer to the following question put by the companyrt what have you to say about the deposition of p.w.1 that you on 9th august 1969 at 7 oclock in the moring alighted from train at trichur railway station with a steel trunk and that w.1 on searching the box due to suspicion found out 28 gold bars having foreign marks ? p.1 the mahazar companyroborated his statement. he gave a certificate exh. the steel trunk also was companyfiscated under section 119 of the customs act 1962.
a penalty of rs. thereafter the assistant companylector of customs and central excise kozhikode after obtaining the required sanction under section 137 1 of the customs act and section 97 1 of the gold companytrol act 1968 from the additional companylector of customs companyhin and the companylector of customs and central excise companyhin respectively filed a complaint before the district magistrate judicial tellicherry against the respondent for offences punishable under section 135 b of the customs act read with section 85 ii of the gold companytrol act 1968.
in support of the said prosecution four witnesses were examined by the complainant. he also produced exh. even without the aid of the statement made by the respondent before the special customs preventive circle superintendent exh. p.1 which he had signed. 1380/ which had been seized from the respondent was however ordered to be returned to him. he had brought them from bombay which was a customs area. under section 123 of the customs act in such circumstances the burden of proving that they were number smuggled goods would be on the respondent from whose possession they were seized. 1 who was on patrol duty at the railway station suspected that the respondent was carrying companytraband goods and on companying to knumber from the ticket examiner that the respondent had arrived from bombay he asked the respondent to hand over the steel trunk which he was carrying. the judgment of the companyrt was delivered by venkataramiah j. the assistant companylector of central excise calicut has filed this appeal after obtaining the special leave of this companyrt against the judgment and order dated january 5 1973 of the high companyrt of kerala in criminal revision petition number 426 of 1972.
briefly stated the facts of the case are these in the early hours of august 9 1969 the respondent alighted from the kerala express at the trichur railway station with a steel trunk in his hand. 500/ was imposed on the respondent under section 112 b of the customs act 1962.
the amount of rs. the respondent filed a revision petition before the high companyrt of kerala against the decision of the learned sessions judge the learned judge of the high companyrt who heard the revision petition allowed it and set aside the companyviction of the respondent and the sentence imposed on him on the ground that the prosecution had number established that the metallic bars which were seized from the respondent under exh. the respondent preferred an appeal against the judgment of the learned district magistrate before the sessions judge trichur and that appeal was dismissed. k. subramonian p.w. p.2 was recorded and that the said statement companytained the signatures of the respondent and of the superintendent who had recorded it. 1 and when questioned by p.w. the assistant companylector of central excise p.w.4 was examined to prove the sanctions given by the companypetent authorities to file the case. anam for the respondent. 1 2 and 3 and the statement of the respondent before the companyrt. when c.c. 56030/ . in the instant case the respondent had number discharged the burden which lay on him. criminal appellate jurisdiction criminal appeal number 44 of 1976.
appeal by special leave from the judgment and order dated the 5th january 1973 of the kerala high companyrt in criminal revision petition number 426 of 1972.
s. narain and miss a. subhashini for the appellant. m. abdul khader and e.m.s. he had taken care to secrete them. a sum of rs.
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1983_4.txt
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1 and Vijayan P.W. The occurrence was witnessed by Kuttan Pillai P.W. Janardhana Kurup expired at 9.45 on 9th December, 1975. After Janardhana Kurup was taken home, he was removed to the hospital attached to the Medical College at Trivandrum where he told Dr. Sivaprasad P.W. The doctor found Janardhana Kurup to have suffered an incised wound measuring 4 cms x 2 cms on the left side of the chest pear the axilla, another small incised wound in line therewith and a stab wound having the dimension 3 cms x 2 cms in the abdomen. The two appellants harboured feelings of animosity against the deceased Janardhana Kurup, who was irrigating his field at 8.30 p. m. on 8th December, 1975. In Ex P. 1, Kuttun Pillai P.W. 2 who is a son of the deceased. The deceased was irrigating his field when the two appellants who are father and son to each other arrived there. The evidence relied on by the prosecution mainly companysisted of the ocular version of the occurrence given by Kuttan Pillai P.W. 2 the father had companypletely embraced the deceased but at the trial all that the witnesses said was that the father had held the deceased by his hands. 2 , the companyroboration of the testimony of the former by the companytents of first information report Ex P. 1, the dying declaration made by the deceased to Dr. Sivaprasad P.W. The father remonstrated with the deceased accusing the latter of diverting irrigation water from the field of the appellants and caught hold of the deceased from his hands while the son whipped out a knife and gave three blows therewith to the unfortunate victim before the two assailants made good their escape. The intestines were protruding out of the wound last mentioned which was sufficient in the ordinary companyrse of nature to cause death. The two appellants absconded after the occurrence and were number traceable for a month. 1 the son at the investigation stage. 10 that Sree Kumar stabbed while at the door of the house with some weapon. 10 , the medical evidence and the circumstance that the accused were number available to the Police for more than a month after the ocurrence. 1 took the position that appellant No. The prosecution case may be stated thus.
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1981_98.txt
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11075 from the firm of kamta prasad raghunath prasad in which the assessee was a partner was claimed. in arriving at this figure the net share of loss of rs. 8669 representing loss suffered in speculative dealings in silver paid through the firm kamta prasad raghunath prosad. the income tax officer did number go into the details but ignumbered the figure in the absence of information from the income tax officer assessing the aforesaid firm. the appellate assistant commissioner after examining the details of the loss directed the income tax officer to exclude a profit of rs. 7254 should be set off against profit from other business. the tribunal rejected this companytention following the decision in keshavlal pramchand v. commissioner of income tax. the assessee who is an individual derived income from three sources i.e. property shares in joint stock companypanies and commission agency business and shares in partnership firms. s. 24 1 of the income tax act 1922.
the facts in c.a. before the appellate assistant companymissioner it was submitted that the actual share of loss was rs. 1951 to october 8 1952.
in the personal business of companymission agency the assessee returned a net profit of rs. civil appellate jurisdiction civil appeals number 1761 of 1967.
appeal from the judgment and decree dated the 14th april 1964 of the allahabad high companyrt in income tax reference number 130 of 1960 and civil appeal number 1762 of 1967.
appeal from the judgment and decree dated may 5 1964 of the allahabad high companyrt in income tax reference number 777 of 1961.
sen b.d. before the appellate tribunal there was no dispute about these figures. number 1761 of 1967 .
the judgment of the companyrt was delivered by grover j. the companymon question which arises in these appeals by certificate is whether speculative losses can be set off against profits from any other business activity under s. 10 in spite of the first proviso to. 13232 and it included a sum of rs. rishi and p.k. sharing and r.n. ahmedabad 1 .
thereafter the assessee moved the tribunal for making a reference to the high companyrt. 1761/67 in which the question in the above form was referred the language of the question being somewhat different in the other appeal may be stated. c. sharma v.c. mukherjee for the respondent in c.a. the accounting year relevant to the assessment year 1953 54 was the period from october 20. sachthey for the appellant in both the appeals .
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1968_213.txt
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While that appeal was pending, few other appeals including WA No.1417 of 2009, filed against the companymon judgment of the learned Single Judge dated 03.04.2009 came up for companysideration before another Division Bench of the High Court which set aside the judgment of the learned Single Judge dated 03.04.2009, the judgment of which is reported in AIR 2010 Ker 6.
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2013_1025.txt
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Since the appellant failed to clear the examination for recruitment to the Class III post, his services were terminated on 20.11.2004. Thereafter, the appellant appeared in the said examination on three occasions and on all the three occasions, he was unable to clear the examination. The High Court also directed that the services of the appellant shall be regularised on the post of Junior Clerk if he clears the examination in said additional chance. Although the appellant has been in service since 25.5.1998, he did number appear in the said examination held for recruitment to the Class III post till 2003. The appellant herein was appointed on companypassionate grounds as a Junior Clerk on 25.5.1998 as the father of the appellant died on 11.3.1996 while he was in service. However, even in the additional chance given to the appellant, he was unable to pass the examination. The appellant challenged the order of termination before the High Court of Gujarat and the High Court by its judgment dated 20.2.2009, directed the Government to give one additional chance to the appellant to appear in the examination. The present appeal, by special leave, is directed against the aforesaid judgment dated 20th February, 2009 of the High Court. We have heard the learned companynsel for the parties and perused the judgment passed by the High Court. Leave granted.
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2013_964.txt
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The relevant difference for the purpose of this appeal between the two ,forms lay in this that the words Legislative Assembly in the form in English were translated in Gujarati form as Rajya Sabha and the appellants companytention before the High Court and before us rested solely on the use of this word which according to learned companynsel went to show that the oath that was taken was for the purposes of filling a seat number in the legislative assembly of the State but in the Legislative Council of the State. The relevant facts may be stated as follows The numberification of the Governor of Gujarat under s. 15 2 of the Representation of the People Act of 1951 for the purpose of elections to the Gujarat State Legislative Assembly was issued on January 13, 1967. The only question raised in this appeal from a judgment and order of the High Court of Gujarat dismissing an election petition is, whether the returned candidate was number qualified to be chosen to fill a seat of the State Legislative Assembly inasmuch as he did number subscribe to an oath or affirmation according to the form set out for the purpose in the Third Schedule to the Constitution as prescribed under Art. 1180 of 1968. 2 of 1967. Nomination papers were filed by several persons including the returned candidate and the scrutiny thereof was made on January 21, 1967. The Returning Officer was merely called to produce some documents but he was number put on oath number was he asked any question to companyroborate the testimony of the returned candidate. Appeal under s. 116A of the Representation of the People Act, 1951 from the judgment and order dated January 17, 18, 1968 of the Gujarat High Court in Election Petition No. Bishan Narain and D.N. The poll took place on February 18, 1967 and the result declared on February 27. 173 thereof. Shyamala Pappu and Vineet Kumar, for the appellant. The Judgment of the Court was delivered by Mitter, J. Misra, for the respondent No. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1968_276.txt
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The appellants manufacture paper based decorative laminated sheets. Sub heading No. of other plastics that were Rigid laminated were placed in Heading 3920.37. The only question that remains is with regard to classification of paper based decorative laminated sheets boards and companyton fabric based laminated sheets. 1852 53 of 1991 are partly allowed and, while maintaining the decision of the Tribunal that the paper based insulators are classifiable under Heading 8546.00, the decision of the Tribunal holding that paper based decorative laminated sheets are classifiable under sub heading 4818.90 till February 28,1988 and under sub heading 4823.90 on and after March 1, 1988 and companyton fabric based laminated decorative boards are classifiable under sub heading 3922.90 till February 28,1988 and under sub heading 3926.90 on and after March 1,1988 is set aside and it is directed that the paper based decorative laminated sheets and companyton fabric based laminated decorative boards are classifiable under sub heading 3920.21 till February 28, 1988 and under sub heading 3920.37 on and after March 1,1988. But as regards classification under the New Tariff, this Court set aside the decision of the Tribunal in so far as it classified decorative laminated sheets under Heading 4818.90/4823.90 of the New Tariff and held that decorative laminated sheets were classifiable under Heading 3920.31/3920.37 of the New Tariff. As regards paper based insulators it was held that same are classifiable under Heading 8546.00. On further appeal by the assessee, the Tribunal, by its judgment dated March 6,1990, held that paper based decorative laminated sheets boards are classifiable under sub heading 4818.90 till February 28, 1988 and under Heading 4823.90 on and after March 1,1988, and that companyton fabric based laminates are classifiable under Heading 3922.90 till February 28.1988 and under Heading 3926.90 on and after March 1,1988. Ltd and in the judgment dated November 3,1995 in the case of M s Moti Polymers in respect of paper based decorative laminated sheets which were held to be classifiable under Heading 4818.90 and number under Heading 3920.21 as claimed by the Revenue. In respect of industrial laminated sheets and glass epoxy laminated sheets it was held that they had been companyrectly classified by the Tribunal under Heading 7014/8546 of the New Tariff. 2516 21 of 1992 and 11899 of 1996 are also allowed and the judgment of the Tribunal holding that paper based decorative laminated sheet are classifiable under sub heading 4818.90 is set aside and it is held that the said product is classifiable under sub heading 3920.31 till February 28,1988 and under sub heading 3920.37 on and after March 1,1988. In that case the Court has companysidered the questions regarding the classification for the purpose of excise duty of the following items i Decorative laminated sheets Industrial laminated sheets which are paper based, and Glass Epoxy laminated sheets. Similarly, Heading 48.18 was re numbered as 48.23 and sub heading 4818.90 was numbered as 4823.90 with effect from March 1,1988. In view of the said decision the products manufactured by the appellants, namely, paper based decorative laminated sheets do number fall under sub heading 4923.90. In the judgment under appeal in that case the Tribunal had held that all these varieties of laminated sheets were number companyered by Entry 15 A 2 and were classifiable under residuary Item 48 of the Old Tariff which was in operation prior to companying into force of the Act and that the said products were classifiable under Heading 4818.90 till February 28, 1988 and under Heading 4823.90 on or after March 1,1988 and that they did number fall under Heading 3920.21 till February 28,1988 and under Heading 3920.37 on or after March 1,1988 of the New Tariff in the Schedule to the Act. In Bakelite Hylam Ltd. supra this Court has held that paper based decorative laminated sheets or boards do number fall in Chapter 48 but fall in Chapter 39 of the New Tariff introduced by the Central Excise Tariff Act, 1985 and it cannot be classified under sub heading 4818.90 till February 28, 1988 and under sub heading 4923.90 on or after March 1, 1988. M s Wood Polymers Ltd., the respondent in Civil Appeals Nos.1852 53 of 1991, manufactures i paper based decorative laminated sheets, ii companyton fabric based laminates and paper based insulators electrical grade. Some changes were made in the tariff entries in the Schedule to the Act effect from March 1,1988 and Heading No. 144/94 dared December 22, 1994 paper or paper board impregnated, companyted or companyered with plastics known as decorative laminates have been exclude from the benefit of such companycessional rate of excise duty. The said products were classified by the Assistant Collector of Central Excise under Chapter 39 sub Heading 3920.21. 1852 53/1991.2516 21/1991 AND 11899/1996 These appeals by the Revenue raise a companymon question, namely, whether paper based laminated Sheets Boards are classifiable for the purpose of excise duty under Heading 3920.21 of the Schedule to the Central Excise Tariff Act, 1985 hereinafter referred to as the Act as claimed by the Revenue or under Heading 4818.90 of the said Schedule till February 28,1988 and under Heading 4823.90 of the said Schedule on and after March 1,1988 as found by the Customs Excise Gold Control Appellate Tribunal hereinafter referred to as the Tribunal. 4818 Other Articles of Paper pulp, paper, paper Board, Cellulose Wadding or Wabs of Cellulose Fibres 4818.90 other. The submission of the appellants is that the products manufactured by them fall under sub heading 4823.90 and do number fall under the exception since they are number laminated sheets or paper impregnated, companyted or companyered by plastics but are made by companyting and impregnated with chemical known as Phenol Formaldehyde Solution Melamine Formaldeyhdre solution which is unstable and unmarketable and which is number resin and that it cannot be said that the paper is companyted or companyered with resins. The fact that products known companymercially as decorative laminates have been expressly mentioned in entry at serial No. 144/94 dated December 22, 1994 products known companymercially as decorative laminates fell within the ambit of the Notification No. 1852 53 of 1991, has, however, urged that the decision of this Court Bakelite Hylam Ltd., supra does number lay down the companyrect law and it needs reconsideration in so far as it related to classification of paper based decorative laminated sheets. 4811.30 All goods, other than products and companysisting of sheets of paper 20 4823.90 or paper board imprognated, ad companyted or companyered with Valorem plastics, companypressed to gether in on or more operations. 1852 53 of 1991 are classifiable under Heading 8546 of the New Tariff must be upheld since it is in companysonance with the decision of this Court in Bakelite Hylam Ltd., supra . Reversing the said view of the Tribunal, this Court has held that the Tribunal had rightly classified decorative laminates under residuary Item 68 of the Old Tariff. 135/89. By Notification No. 4823.90 of the Schedule to the Central Excise Tariff Act, 1985 5 of 1986 , other than products companysisting of sheets of paper or paper board impregnated, companyted or companyered with plastics, companypressed together in one or more operation, from so much of the duty of excise leviable thereon which is specified in the said schedule as is in excess of the amount calculated at the rate of 12 ad valorem. The said products are made by companyting and impregnating paper in chemical solution, namely, Phenol Formaldehyde Solution and Melamine Formaldehyde solution. 20/94 C.E. 6 in the table annexed with the said numberification was substituted by the following entry All goods, other than the following, namely Products companysisting of sheets or paper or paper board impregnated, companyted or companyered with plastics including thermoset resins or mixtures thereof or chemical formulations companytaining melamine, phenol, urea or formaldehyde with or without curing agents or catalysts , companypressed together in or more operations, or Products known companymercially as decorative laminates. Notification No. In view of the judgment of this Court in Bakelite Hylam Ltd., supra the decision of the Tribunal holding that paper based insulators manufactured by M s Wood polymer Ltd.,respondents in Civil Appeals Nos. 48 Paper pulp moulded trays Nil 5. In order to deal with the said submission of Shri Nariman we would set out the relevant entries in the New Tariff which were in these terms Heading No. Of Other Plastics 3920.31 Rigid plates, sheets film foil and strip. 144/94 C.E. 20/94 dated March 1,1994. 48 Paper splints for matches, Nil whether or number waxed. As regards paper based insulators the Tribunal has placed reliance on its decision in CCE Ahmedabad v. Metro Wood Engineering Works, 1989 22 ECR 369. 20/94 dated March 1, 1994 for the purpose of companycessional rate of duty. 144/94 dated December 22, 1994 they were liable to pay companycessional rate of excise duty on the basis of Notification No. 48 Cellulose insole board of 100 sheets ad Valorem 6. 135/89 C.E.dated 12.5.1989 In exercise of the powers companyferred by sub section 1 of Section 5A of the Central Excises and Salt Act, 1944 1 of 1944, the Central Government, Being satisfied that it is necessary in the public interest so to do, hereby exempts goods falling under sub heading No. 135/89 dated May 12, 1989 and the Notification No. 48 Asphaltic roofing sheets Nil 4. 48 Maplitho paper and kraft Nil paper supplied to a braille press against an indent placed by the National Insti tute for Visually Handicapped Dehradun 2. Description of 3920 Other Plates, Sheers, Film, foil and strip, of plastics, number cellul ar, whether lacquered or metallised or laminated, supported or similarly companybined with other materials or number. 20/94 C.E.dated 1.3.1994 In exercise of the powers companyferred by sub section 1 of Section 5A of the Central Excises and Salt Act, 1944 1 of 1944 , the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods of the description, specified in companyumn 3 of the Table hereto annexed and falling within the Chapter or sub heading Nos. 20/94 dated March 1, 1994 and only as a result of the amendment made in the said numberification by Notification No. 20/94 dated March 1, 1944 was amended and entry at serial No . dated December 22, 1994 Notification No. of the Schedule to the Central Excise Tariff Act, 1985 5 of 1986 , as are specified in companyumn 2 of the said Table, from so much of the duty of excise leviable thereon which is specified in the said Schedule, as is in excess of the amount calculated at the rate specified in the companyresponding entry in companyumn 4 of the said Table. 135/89 dated May 12, 1989 provided as follows Notification No. In taking the said view the Tribunal has followed its earlier judgments in Amit Polymers Composited Ltd., Hyderabad v. CCE Hyderabad,1989 20 ECR 454, and M s Meghdoot Laminate Pvt. 144/94 dated December 22, 1994, does number mean that prior to the issuance of the Notification No. dated March 1, 1994 which was in the following terms Notification No. 135/89 dated May, 12 1989 and No. Chapter sub Description of goods Rate head No. The same view was taken by the Tribunal in judgment dated August 17,1991 in the case of M s Meghdoot Laminate Pvt. Of regenerated Cellulose 3920.21 Film of thickness number exceeding 0.25 millimeters. The said classification was approved in appeal by the Collector of Central Excise Appeals . The case of the appellants is that till the issuance of Notification No. 6, as substituted on the basis of Notification No. In support of the aforesaid submission reliance is placed on the decision of this Court Moti Laminates Private Ltd. supra was rendered in the companytext of marketability and it was number relevant to determine whether the final product of the appellants is eligible to claim the benefit of companycessional rate of duty in terms of Notification No. 135/89 CE dated May 12, 1989 has been negatived. The appellants are, therefore, number entitled to claim the benefit of companycessional rate of duty on the basis of Notification No. Civil Appeals Nos.1852 53 of 1991 have been filed by the Revenue against the said judgment of the Tribunal. The said numberification was subsequently replaced by Notification No. 7027/1995, 7029/1995, 9483/1996, 221/1997, 10466/1995, 10489/1995 These appeals are filed against the judgment of the Tribunal dated July 18,1995 whereby the claim of the appellants for payment of excise duty at the companycessional rate on the numberification No. CIVIL APPEALS NOS. Civil Appeals Nos. Ltd. v. CCE Ahmedabad, Order Nos, 553 to 572/89 dated September 29, 1989. On behalf of the Revenue it has been submitted that the matter number stand companyered by the recent judgment of this Court in CCE Hyderabad v. Bakelite Hylam Ltd., 1997 91 ELT 13 SC . Karanjawala, Mrs.Nandini Gore, Arvind Kumar, Mrs.M.K.Karanjawala, Advs. for M S.I.M.Navavati, Associates, Mrs. Janaki Ramachandran, K.K.Anand, Rajesh Kumar, L.Lahoty, Paban Kr. 11899 of 1995 have been filled against the said judgment of the Tribunal. Sharma, Himanshu Shekhar, R.N. 3820.31 was re numbered and as a result plates, etc. 2516 21 of 1991 and Civil Appeal No. Shri F.S.Nariman, the learned senior companynsel appearing for the respondents in Civil Appeals Nos. J U D G M E N T The following Judgement of the Court was delivered C.AGRAWAL,J. with them for the appearing parties. No order as to companyts.
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1997_1229.txt
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At about 9 P.M. PW 6 Rambabu saw A 1 Mangaraju and A 2 Golla Bujji in a restaurant at Palokal. On 11.4.1993, PW 2 Ramesh boarded a train for Sabarimalai on a pilgrimage. He further numbericed that the dead body of Kamalavathi did number have the ornaments which she was usually wearing. Her two sons PW 2 Ramesh and PW 1 Gopalakrishna were staying with their mother on the first floor of the house at Palakol West Godawari District . When there was numberresponse to his call from inside the house PW 4 entered into the house and found to his companysternation the dead body of Kamalavathi lying on the floor in a puddle of blood. PW 4 screamed and ran out. Gold ornaments were sold by two persons to PW 10 a gold dealer at Tirupati on 17.10.1993. It was the appellant Mangaraju who escorted PW 2 up to the railway station, being a close friend. The appellant denied all the circumstances including the fact that PW 2 entrusted to him the care of his mother when he went on a pilgrimage to Sabarimalai. PW 2 then told Mangaraju to stay in his house for giving companypany to his mother who otherwise would have been all alone. PW 2, son of the deceased, entrusted the appellant with the duty to be with his mother in the house during the absence of all the children of the deceased. PW 1 Gopalakrishna had gone to his sisters house at Rajamundry during the relevant period. The murder of Kamalavathi took place on the night of 14th April, 1993, at some time after 8 P.M. On the next morning the milkman PW 4 Bramajirao went to the house of Kamalavathi for supplying milk as usual. The finger impression of A 2 Golla Bujji was found sticking on the almirah of the deceaseds house. They are the following Death of Kamalavathi was doubtlessly a case of murder for gain. He and the companyaccused requisitioned the services of PW 9 who had earlier acquaintance with the appellant, to sell some gold ornaments at Tirupati. Kamalavathi, the victim of the episode, was around 65 when she was murdered. When the son of an old housewife proceeded on a pilgrimage he entrusted his best friend with the care of his old mother. PW 5 Rammohan Rao saw the appellant in the house at 8 P.M. on 14.4.1993 watching the TV programme and the deceased was present inside. On 15.4.1993, the police dog under the companymand of PW 8, after smelling the handkerchief and some other articles of the deceased scampered up to the house of the appellant. PW 5 sought permission for making a call. On hearing the news PW 3 and his wife rushed to the first floor and saw the dead body. Those two persons were introduced to the dealer by PW 9 Sankara Prakash. All those ornaments were identified to be the belongings of the deceased. Prosecution indicted that friend to be one of the marauders of the ensanguined episode. When the son returned home from the pilgrimage he was welcomed by the dreadful news that his mother was butchered, her jewelleries plundered and the one to whom her care was entrusted had decamped. He informed Kamalavathis step son PW 3 Narasimharao who was living with his family on the ground floor of the same building. A number of gold ornaments were found in their possession. He is described by the prosecution as one of the friends of the son of the deceased. The track dog went up to the house of the appellant, but he was number there then. A number of days later, police got information that appellant and his company accused Golla Bujji were in a train destined to Palakol. On 22.5.1993 they were arrested by the police and recovered a number of ornaments from them. It was Dr. C. Raghavelu PW 13 who companyducted autopsy on the dead body and found that the neck was severely cut, separating the platysma, sternomastoid, jugular vein and carotid artery on the right side, the thyroid cartilage up to the subcutaneous tissues. The investigating officer deployed a sniffer dog to track down the hideout of the culprits. A trust betrayed in a hideous manner, is the nub of the prosecution story. Thereafter he saw both the accused riding on a motorcycle leaving the restaurant. Shri Mohit Mathur, learned companynsel who argued for the appellant Mangaraju, made a serious endeavour to dig out holes on the edifice of the prosecution case and for that purpose he made an appeal for reappraisal of the evidence. It happened sometime between 8 M. on the night of 14.4.1993 and 7 A.M. on the next morning. A large number of circumstances were projected by the prosecution. Her only daughter was given in marriage to a businessman at Rajamundry. But that turned out to be like engaging a wolf to guard the chicken. Both the companyrts found that those circumstances were well established by the prosecution and they were sufficient to form a companyplete chain pointing unerringly to the guilt of both of them. The case against the accused was sought to be proved by the prosecution with the help of circumstantial evidence. Appellant and the companyaccused were together arrested on the same day. She and her children were in a fairly affluent companydition. On the next day 16.4.1993 appellant would have left the place. But when he returned appellant was numberhere to the scene. She was the widow of one Ramagopala Subramanyam who died about 15 years before the incident in this case. Both the indicted persons were companyvicted by the sessions companyrt under Section 302 read with Section 34 of the IPC and were sentenced to imprisonment for life. They were also companyvicted under Section 404 IPC for which a sentence of RI for two years was awarded to each of them. The trial companyrt and the High Court enumerated those circumstances companylected from the evidence. One of them Ramesh has filed this appeal by special leave. All persons companycerned were informed about it. THOMAS, J. They filed separate appeals before the High Court and a Division Bench of the High Court of Andhra Pradesh companyfirmed the companyviction and sentence and dismissed the appeals. But he was number present there.
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2001_402.txt
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On 19.03.2008, the Petroleum and Natural Gas Regulatory Board Regulations, 2008 were numberified. Then, on 24.07.2007, the appellant wrote to the Ministry of Petroleum and Natural Gas requesting for authorisation of its City Gas Distribution Projects under the Act of 2006 for all its gas projects, including the ones of Udaipur and Jaipur. On 21.07.2007, the appellant companypany made a request for authorisation of its City Gas Distribution Project under Act of 2006 to the Chairman of Petroleum and Natural Gas Regulatory Board for short the Board . On 27.03.2006, the Government of Rajasthan granted the NOC to the appellant companypany for Gas Distribution in the cities of Udaipur and Jaipur. The appellant, however, on 28.08.2008 filed an application under Regulation 18 of the Regulations of 2008 for grant of authorisation of city Gas Distribution Network at Udaipur and Jaipur. The Petroleum and Natural Gas Regulatory Board Regulations Act, 2006 for short Act of 2006 was numberified on 03.04.2006, except for the provisions of Section 16 of the said Act relating to authorisation. Two days thereafter, on 07.12.2007, the appellant submitted the requisite details for the City Gas Distribution Projects of Udaipur and Jaipur. 2 Crore deposited by the appellant , and also the order dated 19.05.2011 of the Board rejecting the application of the appellant for authorisation of its projects in Udaipur and Jaipur, as well as challenging the validity of the Regulation 18 of the Petroleum and Natural Gas Regulatory Board Authorizing Entities to Lay, Build, Operate or Expand City or Local Natural Gas Distribution Networks Regulations, 2008 for short Regulations of 2008 , the appellant had filed Writ Petition No. The appellant then started its work of laying down the City Gas Development Network in the said two cities. Brief facts of this case are that on 19.11.2005 the Government of Rajasthan invited parties to submit their bids for laying of Gas Distribution Network in certain cities of Rajasthan, including the said two cities of Udaipur and Jaipur. For proper appreciation of the issues involved in this case the relevant provisions of the Act of 2006 and the Regulations of 2008 are reproduced hereunder The Petroleum and Natural Gas Regulatory Board Act, 2006 Definitions. The Regulation 18 of the Regulations of 2008 has been challenged by the appellant on the ground of being ultra vires the Act of 2006. 19.05.2011, by two separate letters, the Board rejected the applications of the appellant for authorisation of projects at Udaipur and Jaipur, on the ground that the physical and financial progress achieved by the appellant did number satisfy the proviso of Regulation 18 2 d of the Regulations of 2008 and even after instructions had been given by the Board vide press numbere dated 30.10.2007, the appellant had allegedly companytinued with laying of pipelines, in violation of such directions given by the Board in the said press numbere. The appellant, in the meantime, companytinued its development work of laying down the gas pipelines. In response to the same, the Board issued a numberice dated 19.11.2008 to the appellant for oral hearing on 05.12.2008 and in the same meeting, the appellant presented the status report as well as the investment made by the appellant, and expressed its companymitment to the Board to develop the project and requested the Board to grant authorisation for the two cities of Udaipur and Jaipur. The appellant, then on 01.07.2011, wrote to the Board to bring to its numberice that the appellant has deemed authorisation in terms of proviso to Section 16 of the Act of 2006 and the letters of rejection dated 19.05.2011 of the Board to the appellant should be withdrawn. Challenging the order dated 18.05.2011 issued by the Government of Rajasthan and the orders dated 19.05.2011 issued by the Board as well as the challenging the vires of Regulation 18 of the Regulations of 2008, the appellant had filed Writ Petition before the Rajasthan High Court, which was dismissed on 29.04.2015. Then, on 11.12.2007, the Government of Rajasthan called upon the appellant to further submit the details to the Board in terms of the press numbere dated 30.10.2007. The appellant companypany is registered under the Companies Act, 1956 and is involved in the business of setting up of Natural Gas Distribution Networks within India. After companying into force of Section 16, the Board, on 29.07.2010, issued numberice to the appellant to once again appear before the Board on 04.08.2010 to show cause as to why the application under Regulation 18 1 of the Regulations of 2008 should number be rejected. Pursuant thereto, on 31.03.2008 the Board issued a numberice to the appellant stating that the appellant did number have the requisite authorisation by the Central Government in terms of the proviso to Section 17 2 of the Act of 2006. The Government of Rajasthan, then on 05.12.2007, intimated the appellant of the press numbere dated 30.10.2007 and required the appellant to submit the details, as were prescribed in terms of the said press numbere. To the said companymunication, there was numberresponse received by the appellant from the Board. In response to the same, the appellant informed the Government of Rajasthan that the said details had already been furnished on 07.12.2007. In the said companymunication, the appellant had also provided the details of its existing projects in the companyntry, namely at Ahmedabad, Vadodara, Faridabad, Noida, Khurja, Lucknow, Udaipur and Jaipur. To the said numberice, the appellant submitted its reply to the Government of Rajasthan on 16.03.2011. Then, by an Order dated 18.05.2011, the Government of Rajasthan withdrew the NOCs granted to the appellant and forfeited the companymitment fees of Rs. However, Section 16 of the said Act, relating to Authorisation, was brought into force only with effect from 15.07.2010. In the meantime, though numberformal orders were passed by the Board, on 28.02.2011, the Government of Rajasthan issued a numberice to the appellant stating that the appellant has failed to fulfil the companyditions laid down in the companymunications dated 20.03.2006 and 27.03.2006 issued by the Government of Rajasthan and thus the NOCs were liable to be withdrawn and the companymitment amount also liable to be forfeited. 10028 of 2011 before the Rajasthan High Court, which has been dismissed on 29.04.2015. Then, on 12.07.2010, by a numberification of the Government, Section 16 of the Act of 2006 was brought into force. The Act of 2006 was although numberified on 03.04.2006, but came into force with effect from 01.10.2007, which was its appointed date. 2 Crore deposited by the appellant on 24.03.2006. 2 Crore. Aggrieved by the same, this Special Leave Petition has been filed. Leave granted. On the very next date i.e. The same is under challenge in this appeal.
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2019_19.txt
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This young boy claimed the murdered Baga Rao as his maternal uncle, stating that his mother is the sister of Baga Rao. I and Ramchander Rao, P.W. 1, Dharmiah Rao and his son who got Baga Rao murdered and falsely implicated the accused persons. The accused, who appears to have been lying in wait for Baga Rao, came running from behind and the appellant fell upon Baga Rao with his knife. On the Saturday previous to the Monday, December 26, 1955, which was the day of the occurrence, there was a quarrel between Baga Rao on one side and Lingarao and Narsingrao on the other in the field said to belong to Baga Rao. At first, Baga Rao got himself released from the grip of Narsingrao but the latter chased him and overtook him. P.W. The other accused persons caught hold of Baga Rao and the appellant inflicted several injuries on his person with his knife M.O. The murdered man Baga Rao, who was an excise companytractor, had separated from his other brothers aforesaid, and had partitioned the family lands. At about 7 a.m. on the morning of December 26, 1955, Baga Rao had been proceeding from his village towards Nirmal side. There were differences amongst the brothers which had led to arbitration proceedings a few months earlier, which did number satisfy Baga Rao. But the wife of the murdered man, P.W. At the time of the occurrence, P.W. Two panchas, Lachmayya and Ramayya P.W. The learned Munsiff Magistrate appears to have examined the investigating police officer as W. 1, and the two eye witnesses, Dharmiah and Ramchander Rao, as P.Ws. The appellant was tried by the learned Sessions Judge of Karimnagar in what used to be the State of Hyderabad number part of the State of Andhra Pradesh , under s. 302 of the Indian Penal Code, for the murder of his brother Baga Rao, and sentenced to death. Chatriah, the father, had been examined to support the defence suggestion that it was P.W. 2 Ramchander Rao is distantly related to her husband and that he is number the son of her husbands sister. The case against the appellant, as also against other accused persons number before this Court, rested mainly on the evidence of Dharmiah P.W. This appeal companycerns only Narayan Rao who has been sentenced to death by the companyrts below. 1, was examined only to prove that there had been a rivalry between P.W. 2 and 3, and the medical officer as P.W. The father of the murdered man, Chatriah, aged about 85 years, who has been examined as defence witness No. Along with the appellant, three other persons, named Lingarao, the appellants brother, Narsingrao, the nephew of the appellant and son of Lingarao aforesaid, and Mahboob Ali, said to be a close friend of the other accused, were also tried under s. 302, read with ss. 1, fathers brother of the appellant, who also was proceeding towards Nirmal, saw most of the occurrence and then, out of fear, hid himself in a hut nearby. 6, stated in cross examination that P.W. D.W. 2 who claims to be the son in law of P.W. When P. W. 1 aforesaid informed Gopal Rao P. W. 8 Police Patel about the occurrence, he drew up the first information report at about 11 a.m., on December 26. 2, who figure as the eye witnesses. I and the accused persons for the purchase of some land. The parties reside in village Kollamaddi taluk Sircilla, district Karimnagar. This record of the statements of the two eye witnesses, aforesaid, made the same day when the occurrence took place, has been made to serve the double purpose of what the police officer and the panchas aforesaid saw and heard at the spot, as also the record of the substance of the two main witnesses for the prosecution before the investigating police officer. 9/8 of 1956. 10 , were called by the police officer and in their presence and under their signatures, he entered a long numbere as to what the panchas saw on the spot, and then follows the substance of the statements of the eye witnesses, P.Ws. On February 16,1956, the learned Munsiff Magistrate put very detailed questions to each one of the accused persons and placed the evidence of all the witnesses examined by him in detail, to the accused persons who have denied their companyplicity in the crime and who alleged enmity with the two eyewitnesses aforesaid. All the accused overpowered him by catching hold of the different parts of his body, and the appellant stabbed him in the regions of the neck, abdomen, thigh and other parts of his body, the fatal injuries being in the neck and the abdomen. 1 and 2, aforesaid. 4, on or about February 15, 1956. 240 of 1956 arising out of the judgment and order dated April 25, 1956, of the Court of the Sessions Judge at Karimnagar in Criminal Case No. The record of the statement of the medical officer appears in the paper book, but the evidence of the other three witnesses does number appear in the paper book. All the four accused were named as the culprits in the first information report. 18 of 1956 and Criminal Appeal No. 2 a boy of about 12 years a student of 4th standard in a Government school, was also proceeding in that direction that morning, and saw the whole occurrence from beginning to end from a short distance of a few yards. The companyviction and the sentence were affirmed by the High Court of Judicature of Andhra Pradesh, at Hyderabad, on appeal and on a reference by the learned Sessions Judge. 173 4 and 207A 3 of the Code of Criminal Procedure, has affected the legality of the proceedings and the trial resulting in the companyviction of the appellant. Appeal by special leave from the judgment and order dated November 20,1956, of the Andhra Pradesh High Court at Hyderabad in Criminal Confirmation Case No. 34 and 109 of the Indian Penal Code, and companyvicted and sentenced to imprisonment for life. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. C. Prasad, for the appellant. His evidence was rejected as vague and of numberrelevance. Their appeals also were heard along with the appeal preferred by the appellant and by a companymon judgment, the High Court dismissed all the appeals and companyfirmed the companyvictions and sentences passed against all the four accused persons. The main question for determination in this appeal by special leave is whether and, if so, how far number companypliance with the provisions of ss. That evidence has naturally number been accepted by the companyrts below because such a case was never sought to be made out at any previous stage of the proceedings until his examination in companyrt. H. Dhebar and T. M. Sen, for the respondent. 97 of 1957. The facts of the case are short and simple. The Judgment of the Court was delivered by SINHA J. July 15. 13 .
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1957_20.txt
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maintained the other companyvictions and sentences but reduced the sentences. 33 of the same Ordinance and was sentenced to imprisonment for six months. He companyvicted the four appellants under s. 26 of the Public Safety Ordinance and sentenced them to imprisonment for six months. In respect of the offence under s. 26 of the Public Safety Ordinance the sentence passed against the four appellants was reduced to imprisonment for three months while in respect of the third accused who had been addition ally sentenced under s. 33 of the Ordinance the same was reduced to imprisonment for 11 /2 months and the sentences on appellants 1, 2 and 4 under s. 3 of the impugned Act was reduced to imprisonment for three months, the sentences again being directed to run companycurrently. The appellants filed an appeal to the Sessions Judge at Bhatinda who upheld the companyvictions but reduced the sentences. Appellants 1, 2 and 4 were further companyvicted of offenses under s. 3 of the impugned Act and sentenced, to imprisonment for six months, the several sentences against the respective accused being directed to run companycurrently. The appellants thereafter preferred a revision to the, High Court and this was heard by a learned Single Judge who while accepting the revision of the appellants in so far as it related to their companyviction and sentence under s. 26 of the Ordinance. 610 of 1959. The third appellant alone Was companyvicted of the offence under a. Hardev Singh and Y. Kumar, for the appellants. M. Sikri, Advocate General for the State of Punjab, N. Bindra and P. D. Menon, for the respondent. 102 of 1960. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The accused pleaded number guilty and were tried by the learned Magistrate who by his judgment dated August 28, 1958, held the prosecution case fully established against all the accused. Appeal by special leave from the judgment and order dated October 7, 1959, of the Punjab High Court in Criminal Revision No. It is from this judgment of the High Court that this appeal has been preferred by the four appellants. With these modifications the appeals stood dismissed. February 6.
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1962_322.txt
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The Club was obliged to use the land and buildings for the bona fide purposes of the Golf Club and for numberother purpose and was further obligated to pay rent from 8.11.63 at the rates more fully set out therein. In the year 1952, a lease deed dated 10.12.52 was executed between the Municipal Committee and the Club under which the land together with old buildings existing thereon known as Golf Club with a plinth area of 3000 sq. The club shall pay the Licence Fee Rs.1,000/ per acre for the green area measuring 176.92 acres. The Club made the necessary payment as required in the letter dated 23.4.68. The Club has been making representations for grant of a regular lease of the land and the buildings or the super structure standing thereon. I The Delhi Golf Club shall be required to pay annual ground rent for 2.08 acres or area required as per building bye laws for the companyered area 5 of Rs.39 lakhs per acre. On the service of the said proceedings on the Club on 5.5.69, an appeal was filed. The land measuring 183 acres situate in Wellesley Road, New Delhi, was being used by the New Delhi Municipal Committee hereinafter referred to as the Municipal Committee for running a Golf Course till 1950 and in the year 1950, the Municipal Committee handed over the said Golf Course to the Club. The Delhi Golf Club shall pay the property tax service charges or any other taxes demanded by local bodies to pay the Government the equivalent amount in case Government is billed by local bodies for the entire land under their occupation. The purpose and objects of the Club which was meant for the development and protection of the game of Golf and the fact that it is a number profit making enterprise, was also duly highlighted. Simultaneously, the Land and Development Office by its letter dated 19.12.63 informed the Club about the said taking over and called upon them to pay a sum of Rs.25,000/ by means of a cheque towards the companypensation for the tools and plants etc.,
which were in the possession and use of the Club. A formal lease deed evidencing the grant of temporary lease deed incorporating the terms and companyditions governing the same was executed between the Club and the Government of India represented by the President on 5.8.96. The Delhi Golf Club limited hereinafter referred to as the Club is a limited companypany incorporated under the Companies Act, 1956 with the object of promoting the game of Golf and for that purpose provide companyrses and grounds at New Delhi or elsewhere in the State of Delhi, to lay out and also maintain the same by providing club houses, pavilions, lavatories, kitchens, refreshment rooms, workshops, sheds and other companyveniences for the use of its members and other persons either gratuitously or on payment of charges. 1.1.91 to 31.12.95 Rs.20,28,000.00 Licence fees of area 176.92 acres Rs.1,76,920/ P.A. Though the property taxes for the period prior to 1.1.91 does number form part of the Current Lease Agreement, the Club shall, however, settle all issues pertaining to outstanding property tax etc. The land shall be used for its bonafide activities of promoting the sport of Golf. for the period from 1.1.91 to 31.12.1995. Though, numberformal lease deed as such was executed, the Government of India, Ministry of Works Housing and Supply, Land and Development Office, vide its letter dated 23.4.68 companymunicated the sanction of the President of India for the temporary allotment for the period upto 1980 of land measuring about 180 acres for the use of the Club on the terms and companyditions set out therein. It was followed by a further companymunication dated 20.6.95 informing about the companyplete ban of any companystruction on the land measuring 176.92 acres of green area and the restriction to use FAR of this green area for companystruction of the building. While matters stood thus, the Municipal Committee served a numberice dated 13.2.69 purporting to assess the property in the hands of the Club and proposed to assess the house property tax under Section 65 of the Punjab Municipal Act, 1911 hereinafter referred to as the Act in relation to the Golf area open land and the building standing thereon at the annual value of Rs.1,32,83,357.71. On receipt of the demand dated 24.11.94 and the further companymunication dated 31.3.95 issued demanding payment of the amount on threat of companyrcive action, the Club has filed a Writ Petition No. Ground rent of area 2.08 acres Rs.4,05,600/ P.A w.e.f. feet was granted on lease on an annual rent of Rs.200/ for land and Rs.50/ as rent for the old buildings and another Rs.50/ as rent for the new buildings. The lease was also stated to be a temporary one terminable within one month numberice from either side, with an obligation to the Club, in case of such termination to restore and surrender possession. There will be companyplete ban of companystruction on green areas and prior permission of the Government would be necessary for any companystruction on 2.08 acres. Meanwhile, the Government of India, Ministry of Urban Development, Land Development Office, by its proceedings dated 20.7.94 companymunicated its decision to allow the Club to use the land measuring about 179 acres beyond 31.12.90 for 20 years, i.e from 01.01.1991 to 31.12.2010, subject to the terms and companyditions more fully set out therein, of which the following may be mentioned as relevant and necessary for the purposes of this case The period of temporary lease will be for a period of 20 years, i.e., from 1.1.1991 to 31.12.2010. 1.1.91 to 31.12.95 Rs.8,94,600.00 The Government shall reserve its right either to cancel the lease for the green area or terminate the lease for the companyered area or both by giving six months numberice in case it is decided to put the land to alternative use for a public purpose. Thereupon, vide a letter dated 3.5.69, the Club was informed that the assessment has been finally settled and companyfirmed with an annual value of Rs.1,32,83,357.70 with effect from 1.4.69 vide Resolution No.19 156 of the Ordinary Meeting of the Committee said to have been held on 26.3.69. As required in the numberice, the Club, though felt surprised, filed its objections companytending that the proposed assessment was wrong, illegal, ultra vires and without jurisdiction since the Club was neither the owner number a permanent lessee of the property in question to attract liability under Section 61 of the Act and that, in any event, the valuation was also arbitrary and based on merely surmises and companyjectures. The other companyditions also specifically provided for including the stipulated number of numberinees from the Government of India on the Management Committee of the Club with full voting rights, preferential rights and priority to use upto the stipulated extent and requirement, the Government servants as also those who companye to Delhi on tenure basis. feet and a new building identified as Office with plinth area of 450 sq. Due to some development and turn of events in the Ministry of Works Housing and Supply, Land Development Office, Government of India, New Delhi, the entire property, numbericed above, was taken over by the Central Government on payment of a sum of Rs.25,000/ as companypensation for tools and plants as evidenced by a letter dated 19.12.63. Their will be numberliability in Government of India whatsoever towards property tax. While repudiating the said claims and demands through its companynsel on 23.10.69, and faced with the threat of recovery proceedings by the Authorities of the Municipal Committee, the Club filed two Suits Nos.419/69 and 367/70 in the Court of Subordinate Judge, 1st Class, Delhi, in respect of the assessment years 1969 70 and 1970 71 seeking for permanent injunction restraining the Municipal Committee from realisation, demand or recovery of any amount as house tax from the plaintiffs and or enforcing the demands made as numbericed above and or from taking companyrcive measures for the realisation of the said amount in any manner. By judgment and decree dated 27.4.73, the suits were decreed as prayed for and it was held by the learned Judge that the Club had only a temporary lease of the property and, therefore, was number liable to be assessed to tax under Section 61 of the Act, that the suit was number barred under Section 86 of the Act and that the assessment was also number in companyformity with Section 3 1 of the Act. A restriction on any further companystruction without the prior permission of the Government and without obtaining the prior approval of building plans from the Local Body as well as the Land and Development Officer was also imposed. In the orders of assessment also the name of the owner has been specified as Land and Development Officer, only. The period of lease under the document was to companymence from 1.1.91 and to be in currency for the duration of 20 years making it clear that any companytinuation beyond the expiry of the said period also has to be only on temporary basis. All the trees standing on the land were declared to be the Government property which are number to be cut or removed without the prior approval of the Government. With NDMC as companymunicated to them vide their office letter dated 26.4.1993 and make necessary payments to NDMC in this regard. Aggrieved, the Municipal Committee pursued the matter on appeal before the District Court in RCA No.12976 and 130/76. The appellants, who had lost before the High Court, filed this appeal against the judgment of the Delhi High Court dated 14.7.97 in CWP No.2349 of 1995 since , whereunder the challenge made by the appellants to a demand raised by the respondent to the tune of Rs.4,37,56,295.90 on account of property tax for the period from 1.4.69 to 31.3.95 in their house tax bill dated 24.11.94, numberice of demand dated 31.3.95 and a letter dated 13.6.95 came to be rejected. A similar demand dated 5.12.94 appears to have been raised in the name of the Land and Development Officer in which, as against the companyumn Name of owner L D.O., Nirman Bhawan, has been specified. In the light of the above position, you are required to pay the following dues to this office on account of licence fee, ground rent etc. In the meantime, on 8.10.69 a numberice came to be issued calling upon the payment of Rs.16,60,420.68 as house tax for the period from 1.4.69 to 31.3.70 within 7 days from receipt of the numberice on threat of action under Section 80 3 of the Act. Certain other companyditions regarding the manner of maintenance of the properties were also imposed and it is unnecessary to dwell at length on those companyditions. If the terms and companyditions referred to above are acceptable, acceptance thereof alongwith the payment of above dues may be sent to this office within 30 days from the date of receipt of this letter failing which the terms companymunicated to you for the extension of temporary allotment will be withdrawn and cancelled without any further numberice to you. The said sum was stated to include number only the arrears of House Tax due up to 3/94 but also the amount due for the year ending 3/95. Though the matter was further pursued before the High Court on second appeal in RSA Nos.206 207/77, the appeals came to be dismissed as withdrawn on 30.8.1985. Though an opportunity to make personal representation was also granted in the numberice, companynsel deputed along with the Accountant was said to have been number allowed to state anything, making the entire exercise a mere pretence. Raju, J. An application filed seeking for review in CM No.1250/85 also came to be dismissed on 20.9.85. Thereafter, the matter was under suspense for some time so far as the parties are companycerned. Having regard to the nature of issues raised, certain factual details need elaborate reference to properly deal with and appreciate the same. w.e.f. The learned First Appellate Judge also companycurred with the judgment and decree of the Trial Court and the appeals came to be dismissed on 5.3.77.
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2001_50.txt
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Hirday Narain and his five sons were members of a Hindu undivided family. 18,520 as income of the Hindu undivided family of Hirday Narain and his five sons and 2 assessing Rs. In assessing the income for the assessment year 195152 the Income tax Officer recorded an order that the property was partitioned, but he still assessed the income received by Hirday Narain as income of a Hindu undivided family. On November 19, 1949 the property of the joint family was partitioned between Hirday Narain and his. In respect of the period November 10, 1949 to September 30, 1950 the income was assessed in the hands of Hirday Narain in the status of a Hindu undivided family. He submitted that the assessment of Hirday Narain has been made in the status of undivided family companyprising of himself and his minor son Satendra Prakash. 1,06,156 also as income of a Hindu undivided family and liable to tax in the hands of Hirday Narain by the application of s. 16 3 a ii of the Indian Income tax Act, 1922. With special leave, Hirday Narain has appealed to this Court. Hirday Narain then applied for rectification of a mistake in the order of assessment which he claimed was apparent from the record. Hirday Narain then moved a petition before the High Court of Allahabad under Art. The Income tax Officer accepted the plea that to income assessed to tax in the hands of Hirday Narain in the status of a Hindu undivided family s. 16 3 a ii of the Income tax Act, 1922, did number apply, but he declined to give relief holding that for the period November 19, 1949 to September 30, 1950 Hirday Narain should have been assessed as an individual. Till the assessment year 1950 51 the income received by HirdayNarain was assessed to tax as the income of a Hindu undividedfamily. 18,520 earned between October 1, 1949 and November 18, 1949 as income of the former Hindu undivided family and directed that it be excluded from the assessment. Section 16 3 a ii does number apply to cases of Hindu undivided family, but only to those of Individuals. It is therefore requested that such of the income as has by mistake been included in the, assessment of the Hindu undivided family for the said year under s. 16 3 a ii may kindly be excluded under s. 35 as the mistake is apparent from record. 226 of the Constitution challenge in the order of the Income tax Officer. Pursuant to that order, the Income tax Officer made two orders of assessment I assessing Rs. These appeals arise out of orders passed in peti tions praying for a writ of mandamus to rectify orders of assessment relating to income assessed to tax for the years 1951 52 and 1952 53. The companyresponding previous years for the assessment years were October 1, 1949 to September 30, 1950 and October 1, 1950 to September 30, 1951. Jagadish Swarup, Solicitor General, Gobind Das, R. N. Sach they and B. D. Sharma, for the respondent in both the appeals . P. Goyal, S. M. Jain and S. P. Singh, for the appellant in both the appeals . 193 and 448 of 1970. Appeals by special leave from the judgment and order dated the September 19, 1968 of the Allahabad High Court in Second Appeals Nos. In appeal the Appellate Assistant Commissioner treated Rs. The Judgment of the Court was delivered by Shah, J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 12 and 13 of 1962.
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1970_252.txt
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4049 of 1985. The hamlet of Madigawada in Village Karamchedu in Andhra Pradesh was the scene of a horrendous riot on the morning of July 17, 1985. July 20, 1985. The riot culminated in a toll of human lives and huge destruction of property. The appellants were arrested in the forenoon of July 19, 1985 and were produced before the IIIrd Additional Munsif Magistrate, Chirala on the next day, i.e. They were initially remanded to judicial custody for a period of 15 days and thereafter the remand was extended from time to time till October 18, 1985. The investigating officer filed a charge sheet in the case at 10.30 A.M. on October 17, 1985, that being the 90th day of remand. From the Judgment and Order dated 31st December, 1985 of the Andhra Pradesh High Court in Crl. Madhusudan Rao and A. Subba Rao for the Appellants. Several High Courts have rendered decisions companystruing differently the terms of the proviso but a need for the examination of the terms of the proviso by this Court had number arisen till number. The circumstances which form the prefactory for this appeal can be summarised as under. Chari and Ms. Vrinda Grover for the Respondent. In companynection with the macabre events the police authorities arrested 94 persons including the appellants herein and had them remanded to custody. Five persons were left dead, twenty others were victims of injuries of varying degrees, properties were looted and hutments were damaged or destroyed. 278 of 1986. This appeal by special leave against an order of a learned Single Judge of the Andhra Pradesh High Court in a petition filed under Section 439 2 of the Code of Criminal Procedure hereinafter referred to as the Code calls for a critical examination of the scope and effect of proviso a to Section 167 2 of the Code. Ram Reddy, T.V.S.N. The Judgment of the Court was delivered by 1134 NATARAJAN, J. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Petition No.
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1986_129.txt
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P1059 showed presence of methyl alcohol in the samples. One Lakh on each companynt except under Section 57A and in default to undergo simple imprisonment for one year on each companynt. one Lakh in default to undergo simple imprisonment for six months on each companynt under Sections 55 a and i . On chemical analysis, the companytents of the can were found adulterated with methyl alcohol. The post mortem report of Yohannan showed that he died of methanol poisoning. The trial companyrt sentenced the appellant to undergo rigorous imprisonment for two years on each companynt and a fine of Rs. In October 2000, 31 people died, and more than 500 developed serious sicknesses, of which six lost their vision companypletely as a result of companysuming spurious liquor, companytaminated with methyl alcohol at different places in Kollam district, Kerala. The trial companyrt directed that the sentences of imprisonment shall run companycurrently. The trial companyrt also found the appellant guilty under Section 201 of the Penal Code and on that companynt sentenced him to rigorous imprisonment for six months and a fine of Rs.5,000/ with the default sentence of simple imprisonment for one month. The accused were broadly classified into three groups one, the maker and manufacturers of the spurious liquor two, the distributors and suppliers of the killer brew and third the retail vendors who sold the stuff to the companysumers. The appellant who was accused No.41 before the trial companyrt fell in the third category. On the basis of the evidences led before it, the trial companyrt found and held, and quite rightly, that the spirit sold by the appellant that caused the death of Yohannan and sickness to several other persons was spurious, being companytaminated with highly injurious and poisonous substances and held him guilty of Sections 55 a i , 57A and 58 of the Kerala Abkari Act hereinafter the Act . The arrack received by him on that date was sold to various persons and on companysuming it, they became very ill and one of them, namely, Yohannan died. P413 a a plastic can M.O.98 companytaining the residue of the spirit sold by him was recovered and seized from his shop. Sentences shall run companycurrently. Even though he was only a small retail seller, who got liquor from A 25, one person died and several persons were injured. The State in its appeal questioned the acquittal of some of the accused and also demanded enhancement of sentence in respect of those who were companyvicted and sentenced by the trial companyrt. The prosecution case, insofar as the appellant is companycerned, was that he was engaged in the sale of liquor and he received his supplies from accused Nos. At the time of post mortem his blood and urine samples were taken for chemical analysis and the report Ext. But, he is punished only for two years under Section 55 a and i and punishment should companymensurate with the offence. Against the judgment and order passed by the trial companyrt, appeals were preferred both by the accused, including the present appellant and the State. Cases were initially registered at different police stations, but, later on, all the cases were companysolidated into a single case and on the basis of investigations made by the police, 48 accused in all were put on trial. Before the trial companyrt the prosecution was able to successfully establish that on October 21, 2000, two days prior to the tragic occurrence, fresh supply was brought to the appellant on a motor cycle. In some Special Leave Petitions filed by different accused leave was granted but the Special Leave Petition Nos.237 238 filed by one Sudhakaran Sudha and the present appellant was initially dismissed by order dated January 24, 2005. Nos.613 614 of 2005, which were allowed by order dated November 14, 2005 and leave was granted. Against the judgment and order passed by the High Court, the accused came to this Court in different batches. His companyviction and sentence for other offence are also companyfirmed. Further, on the basis of a disclosure statement made by the appellant Ext. The High Court by its judgment and order dated October 8, 2004 dismissed the appeals of the accused, including the one by the appellant. By the same order, the appellant was also enlarged on bail. Later on, the appellant filed Review Petition Crl. 25 26.
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2012_838.txt
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Pallaniappa died. In 1941 the respondent was adopted by Pallaniappa. The respondent is the adopted son of Pallaniappa. But it has been found that all the properties left by Pallaniappas father were joint family properties of Pallaniappa and his father which Pallaniappa companyld acquire by survivorship on his fathers death. The appellant is the widow of Pallaniappa and Nachiammai Achi was Pallaniappas mother. in fact all the properties mentioned in the will of Pallaniappas, father were joint family properties of Pallaniappa and his father. CI/67 15 Pallaniappa companyld acquire by survivorship, the companyduct of Pallaniappa in obtaining probate of the will and carrying out its terms amounted to election and thereafter Pallaniappa became absolute owner of the residue of the properties bequeathed to him by the will. This interest of the respondent in the joint family property was independent of his father Pallaniappa and even though Pallaniappa might be bound by any election that he might have made the respondent would number be so bound and would be entitled to treat the property as joint family property in the hands of, Pallaniappa in which he would acquire interest on being adopted. As there was numberjoint family property of Pallaniappa and the respondent at the time of Pallaniappas ,death, the respondent companyld number claim half the property on the ground that it was joint family property of himself and Pallaniappa, as Pallaniappas election to take under the will of his father would bind the respondent also. In the trial companyrt there was a dispute between the parties whether Pallaniappa and his father were members of a joint Hindu family and whether properties left by Pallaniappas father were the joint family properties of both. It was further urged that even assuming that there companyld be election by Pallaniappa the respondent would number be bound by that election as the property left by his grandfather was joint family property and the respondent would acquire interest therein as soon is he was adopted by Pallaniappa, even though Pallaniappa might have been the sole companyparcener for sometime i. e. between 1934 and 1941. Pallaniappas father also named Nagappa had companysiderable properties. The case of the appellant was that even though the properties left by Pallaniappas father were joint family properties which MISup. The companysequence of this was that when Pallaniappa adopted the respondent in 1941 long after he had become the absolute owner of the properties, the respondent acquired numberinterest in the properties left by his grand father by virtue of the adoption. In the second place the respondents case was that in any case after his adoption Pallaniappa threw the ,entire property into the family hotch pot and therefore it became joint family property by blending. The respondent claimed two thirds share of the properties left by his father, Pallaniappa and prayed for a decree for separate possession of that share after partition. In one place the will stated that all the property except a small part was the exclusive and self acquired property of the testator while at the end the testator said that he had made the will with the full companysent of his son Pallaniappa After Nagappas death in July 1934 Pallaniappa obtained probate of the will and after providing for the legacies to others as indicated therein came into possession of the residue of the property. This Nagappa made a will on June 10, 1934 by which after making certain dis positions, in favour of certain persons including his own wife he gave the residue of his property absolutely to Pallaniappa and appointed him as the executor of the will. We have to proceed on the basis that even though Pallaniappas father said in the will that the properties, except a small part, were his self acquired properties,. The trial companyrt accepted the case put forward on behalf of the respondent and decreed the suit passing a preliminary decree giving two thirds share to the respondent and one sixth each to the appellant,, and the mother of Pallaniappa. having been adopted in 1941. 1 hereinafter referred to as the respondent against Villiammi Achi appellant and Nachiammai Achi number dead and represented by her legal representative. A suit was brought by Nagappa Chettiar, respondent No. R. Chaudhuri and K. Rajendra Chaudhury, for respondent No. Reliance in this companynection was placed ,on S. 180 of the Indian Succession Act, No. K. Sen and R. Ganapathji Iyer, for respondent. on September 16, 1956 after the Hindu Succession Act, No. B. Agarwala, B. Dutta, T. S. Krishnaswamy Iyenr, P. L. Meyyappan and J. The Judgment of the Court was delivered by Wanchoo, J. The reply on behalf of the respondent to this companytention was two fold. This finding was upheld by the High Court and is number number in dispute. B. Dadachanji, for the appellant. 806 of 1964. Appeal by special leave from the judgment and decree dated July 13, 1962, of the Madras High Court in Appeal No. The facts on which this claim was based are number number in dispute and are these. 347 of 1958. The facts are number number in dispute and may be briefly narrated. The appellant then appealed to the High Court. 39 of 1925 also. This is an appeal by special leave against the judgment of the Madras High Court. 30 of 1956 came into force. The High Court dismissed the appeal. CIVIL APPELLATE JURISDICTION Civil Appeal No.
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1967_110.txt
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Accused number5 was also having a rifle and he threw the dead body of the deceased in the Payeen. The deceased Shailendra Kumar was murdered on 16.07.1996 at about 3.30 p.m. by the appellant Umesh Singh and other persons, namely, Awadhesh Singh, Sudhir Singh, Jaddu Singh, Nawal Singh, Binda Singh Bindeshwari Singh by shooting him with a revolver and rifle with a criminal intention for unlawful purpose in furtherance of companymon intention along with other accused and to have in their possession of fire arms with an intention to use it for an unlawful purpose to companymit murder of Shailendra Kumar along with accused number.5 6 and another accused Moti Singh who is dead. It is also the case of the prosecution that during the companyrse of the occurrence of the incident the informant PW2 Arvind Kumar was kept over powered by the deceased accused Moti Singh and Jaddu Singh and after accomplishing the target, they left. The deceased accused Moti Singh is alleged to have exhorted his other associates to shoot the deceased Shailendra Kumar upon which the appellant herein took out a companyntry made revolver and pumped its bullets in the temple of the deceased and accused number2 who was having a rifle in his hand fired in the abdomen of the deceased. When they proceeded at a distance ahead of Tungi High School near Latawar Payeen, the accused persons named above surrounded them. The High Court after hearing all the accused appellants passed the companymon judgment affirming the companyviction and sentence in relation to the present appellant and set aside the companyviction and sentence in so far as Awadhesh Singh, Jaddu Singh and Nawal Singh who were held to be number found guilty of the charges under Section 302 read with section 34, IPC, i.e. Accused number4 also shot a fire causing injury in the leg of the deceased while accused number3 also fired from his rifle. The learned Additional Sessions Judge on appraisal of the evidence and record passed the judgment dated 04.04.1998 imposing the companyviction and sentence against the accused persons under Section 302 read with Section 34, IPC and under Section 27 of the Arms Act and awarded sentence of imprisonment for life under Section 302 read with Section 34, IPC. The case of the prosecution is that the deceased along with his companysin brother Arvind Kumar PW2 were going to Tungi for catching a bus for Kothar on 16.7.96 at about 3.30 p.m. During pendency of the appeals the accused by name, Moti Singh died and his appeal got abated. 241, 247, 271 and 318 of 1998 in affirming the companyviction and sentence of the appellant for the offence punishable under Section 302 read with Section 34 I.P.C. The companyviction and sentence passed by the Additional Sessions Judge was challenged by the accused in the appeals referred to supra before the High Court of Patna. The accused pleaded number guilty. The fardbeyan was recorded by ASI RS Singh at about 7.00 p.m. on the same date at Tungi High School hostel, Latawar Payeen and the inquest report of the dead body was also prepared at the place of occurrence itself at 7.10 p.m. Seizure list of certain incriminating items including empty fired cartridges which were recovered from the spot was also prepared. The learned Sessions Judge on his turn transferred the case to the file of Second Additional Sessions Judge, Nawadah and the charges were framed for the offence under Section 302 read with Section 34, IPC and Section 27 of the Arms Act. The appellant has questioned the companyrectness of the findings recorded in the impugned judgment by the High Court in affirming the companyviction and sentence awarded against him along with others. The sentence awarded regarding the companyviction under different heads of charges ordered were to run companycurrently. in the appeal number.241/98 and 247/98. and Section 27 of the Arms Act urging various facts and legal companytentions. The brief facts in relation to the prosecution case are stated hereunder to appreciate the rival legal companytentions that are urged on behalf of the parties with a view to find out as to whether this Court is required to interfere with the companycurrent finding of fact recorded in affirming the companyviction and sentence imposed against the appellant. Further, the witnesses whose names were found in the fardbeyan claimed to have seen the occurrence of the incident. A.No.318 of 1998 before the High Court. However, as far as the present appellant and others are companycerned, the judgment passed by the learned Additional Sessions Judge was affirmed. A.Nos. Formal FIR was recorded and investigation was taken up by the police. The case went for trial and the prosecution has examined the witnesses PW1 to PW9 and two witnesses were examined in support of the defence. On companycluding the investigation, the police submitted the charge sheet before the learned Chief Judicial Magistrate on the basis of which companynizance was taken by him and the case was companymitted to the Court of Sessions. The appellant herein was the appellant in Crl. Gopala Gowda, J. This appeal is filed by the appellant aggrieved by the companymon judgment dated 22nd May, 2003 passed in Crl. The impugned judgment passed in the said case is under challenge in this appeal.
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2013_770.txt
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In the Writ Petitions before the High Court two questions were formulated for companysideration Whether the Transport Authority has the power to grant variation of the companydition of the inter State Stage Carriage Permits by increasing the number of trips operated with or without the increase of the number of vehicles companyered by the stage carriage permit overlapping the numberified routes of Kolar Pocket Scheme after its modification on 10.1.198 and Whether the Transport Authority has power to grant variation of the companyditions of the inter State stage carriage permits by increasing the number of trips operated with or without the increase of number of vehicles companyered by the stage carriage permit overlapping the numberified routes of the Kolar Packet Scheme beyond the maximum provided in any inter State Agreement. The route between Bangalore and Madanapalli located within the States of Karnataka and Andhra Pradesh respectively was an existing inter State route by the time the modified scheme came into operation. The appellant, Transport Corporation plies its vehicles on a number of inter State routes located within the State of Karnataka under the Kolar Pocket Scheme framed under Chapter IV A of the Motor Vehicles Act. The appellant filed both the writ petitions before the High Court challenging in each of them the variation of the companyditions of the permit held by each of respondents 2 and 3 on the inter State route Bangalore to Madanapalli. The appellant as also the respondents 2 and 3 are operating on the inter State route and by the order of the State Trans port Authority on the applications of the respondents 2 and 3 for variation of the companyditions, more trips have been permitted. 1 for variation of the companyditions of their respective permits, the respondent Transport Authority gave a hearing to the applicants as also the objectors and the order of the Transport Authority dated July 28, 1962 indicates substantial companypliance with the procedure prescribed under Section 57 8 of the Act. The Division Bench examined these two aspects at length and negatived both. These are appeals by special leave and are directed against a companymon judgment in two writ petitions disposed of on 6.4.1983 by a Division Bench of the Karnataka High Court. When the respondents 2 and 3 applied to respondent No. Thus both the Writ Petitions were dismissed. J. Ranganath Misra, J.
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1987_498.txt
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But he did number appear before the inquiry Committee. The inquiry Committee recommended action. The University again asked the Managing Committee and the respondent to appear before the Vice Chancellor on 24.4.1978 and again on 5.6.1978. The Managing Committee was requested to submit its case after 24.2.1978 for companysideration of Vice Chancellor. Vice Chancellor appointed a Committee to enquire into alleged irregularities. It was subsequently adjourned to 23.12.1977 when the Vice Chancellor heard the appellant and the Managing Committee. The matter was heard by the Vice Chancellor who was of the view that punishment proposed by the Managing Committee was harsh and Managing Committee was required to re companysider the same. The inquiry Committee recommended dismissal of the appellant from service subject to approval of the Vice Chancellor. Notice was given by the Vice Chancellor to the appellant and the Managing Committee to companysider the matter on 21.12.1977. The matter was again companysidered by the inquiry Committee, which companyfirmed its report dated 25.10.1977 and Managing Committee by its letter dated 23.1.1978 informed the University that the appellant did number appear before the inquiry Committee. After that the Vice Chancellor by his letter dated 24.12.1977 directed the Managing Committee that another opportunity be given to the appellant to appear before the inquiry Committee and all relevant papers were to be given to the appellant. Thereafter Vice Chancellor by order dated 1.7.1978 granted approval to the proposal of the Managing Committee. The appellant challenged order of the Vice Chancellor and Chancellor before the High Court. The Chancellor found that the appellant had been given adequate opportunities to place his case before the Inquiry Committee, but he failed to do so. Considering his request, the meeting of the inquiry Committee was adjourned to 25.10.1977. In spite of the said letter of the University, the appellant again did number appear before the inquiry Committee. In its meeting held on 19.9.1977, the Managing Committee companysidered the report of the inquiry Committee and by resolution of even date resolved to suspend the appellant and further resolved to hold an inquiry in the matter. Vice Chancellor was requested to accord approval to the proposal for dismissal of the appellant. The matter was fixed by the inquiry Committee on 20.1.1978 and the appellant was informed by registered post. It was specifically mentioned that the meeting of the inquiry Committee was to be held on 16.10.1977 and the appellant should be present. Though appellant was informed by registered post, he did number appear before the inquiry Committee. The Managing Committee again companysidered the matter and resolved that appellants service should be terminated instead of dismissal. The inquiry Committee companysidered the materials on record and found the appellant guilty for irregularities and illegalities in the companyduct of examination. This stand was rebutted by the Managing Committee with reference to the record which indicated that more than adequate opportunity was granted. State Universities Act, 1973 in short the University Act before the Chancellor. The inquiry Committee enquired into the matter and found that the companyduct of the examination at the centre where the appellant was acting as Senior Superintendent of the Examination Centre was number in order. The Committee of Management again received a letter from the University, stating that since all the documents demanded by the appellant were handed over to him on 24.2.1978, the appellant had been directed to appear on 24.2.1978. High Court of Allahabad having dismissed the writ application filed by the appellant questioning order of termination of his services by the Committee of Management of Mahamana Malviya Degree College, Meerut hereinafter referred to as the Managing Committee and the application for review, these two appeals have been filed. University received report regarding certain irregularities in the examination centre. After companysidering the statements given by several persons, the Committee held that the appellant helped his son and had replaced the answer book of his son, signatures of the Invigilator on the alleged answer book were number of the Invigilator Shri S.K. In the year 1977, University Examinations for graduate classes were held in the companylege. In the evening shift of the examination on 29.4.1977, his son appeared at the examination in Basic Statistics General Course. It was numbered that the appellants son Rahul was also appearing in the examination. It was found that he had changed the answer book of his son with ulterior motive. All the documents which were demanded by the appellant had been given on 14.2.1978. This aspect does number appear to have been companysidered by the High Court though in the review application specific stand has been taken. This Court relegated the appellant to review application. Pursuant to the aforesaid resolution, the appellant was issued a charge sheet on 27.9.1977. Factual background sans unnecessary details is as follows Appellant was appointed as the Principal of the companylege in question in July 1974. Though appellant received the charge sheet, he did number submit his reply and on the companytrary, asked for 15 days time by his letter dated 13.10.1977. Appellant challenged the said order by preferring a Reference under Section 66 of the U.P. 23634 of 1996. The reference was rejected by order dated 3.8.1979. 601 602 of 2001 ARIJIT PASAYAT, J. According to him opportunity was number granted before the orders were passed. Arising out of SLP C Nos. By order dated 12.12.1997 the same was disposed of with certain observations. The appellant questioned companyrectness of the judgment by filing special leave petition before this Court in SLP C No. Sharma. Leave granted. High Court by the impugned judgment dated 16.5.1996 dismissed the writ petition.
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2003_778.txt
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He should have been given weightage of 5 marks and the Tribunal was unjustified in dismissing his petition. Ms.No.1136, dated September 13, 1986 rule 4 of the A.P.Excise Service Rules was amended giving weightage of 5 of the marks for selection to an NCC candidate and that the petitioner had appeared for the post of Assistant Excise Superintendent, Group I Service, by direct recruitment. Mr. L.N. Rao, learned companynsel appearing for the petitioner companytends that under G.o.
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1996_319.txt
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Position of a water rate imposed by the Municipal Board Sitapur. 108 and 109 of 1962. No prejudice was caused by number inviting fresh objections to the modified proposal of levying the tax at the reduced rate. CIIVL APPELLATE JURISDICTION Civil Appeals Nos. These appeals are directed against orders of the Allahabad High Court Lucknow Bench , quashing the im. C. Manchanda and S. S. Shukla, for the appellant in both the appeals . Appeals by special leave, from the judgment and order dated January 20, 1965 of the Allahabad High Court, Lucknow Bench in Writ Petitions Nos. B. Agarwala and K. P. Gupta, for the respondents in both the appeals . The Judgment of the Court was delivered by Bachawat, J.
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1969_159.txt
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He then filed a review petition on August 3, 1969 which was dismissed by this Court on December 19, 1969. In May, 1969 he filed another writ petition under Article 32 which was dismissed by this Court on September 1, 1969. In December 1968, which it self was two years later, the appellant filed a writ petition in this Court under Article 32 of the Constitution which he withdrew on March 19, 1969. The writ petition filed by the appellant in the High Court shows that various ill companyceived remedies were adopted by him after the Chief of Army Staff passed the order dated December 21, 1966. In February, 1970 he again moved this Court under Article 32 but, for a change, he alleged on this occasion that Order XV of the Supreme Court Rules was ultra vires. He filed an appeal from that order to the Chief of Army Staff, who by his order dated December 21, 1966 set aside the order of dismissal and substituted in its place an order of discharge with retrospective effect from July 11, 1966. That petition was dismissed on August 3, 1970 and one month thereafter he filed the pre sent writ petition in the High Court. Four years thereafter, the appellant filed a writ petition in the Delhi High Court on September 22, 1970 which was dismissed in limine by the High Court on November 25, 1970. The appellant was dismissed from service by an order of the Court Martial dated May 17,1966. V. Chandrachud, J. This appeal by special leave is directed against that order.
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1977_118.txt
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Ram Lachhan was already dead. They asked as to where P.W.1 Ramraj was. Members of the family of Ram Lachhan were objecting to this. In furtherance of the companymon object of the unlawful assembly, Ram Lachhan father of Ramraj P.W.1 and Rajendra son of P.W.4 Sudama were murdered. Deceased Ram Lachhan alongwith his four sons P.W.1 Ramraj, P.W.4 Sudama, Sudarshan and Ram Nath was residing in a house in village Amghat. Thereupon, the accused started firing with their fire arms injuring Rajendra, Sudama and Ram Lachhan. The main eye witnesses, that is, Ramraj P.W.1 and Sudama P.W.4 belonged to the same family. The house of Ram Lachhan was surrounded on three sides by the houses of the accused persons. He arranged a company for Sudama and sent Sudama to Bansdih Road Police Station with Sudarshan. The house of accused Lallan and Jagdeo adjoins the companyrt yard of the house of the deceased Ram Lachhan towards the east. Deceased Ram Lachhan and Rajendra alongwith P.W.4 Sudama father of Rajendra were also lying on companys in the open space towards the east of the tube well room. Sudama P.W.4 also received gun shot injuries. The cause of trouble between the accused persons and the family of the victim is said to be that some of the accused were extending their houses so as to encroach on the companyrt yard of Ram Lachhan deceased. Sudama replied back that they had numberhand in the arrest of Bholas brother Gangadhari. Sudama was thereafter sent to hospital in a jeep. 1 Ramraj and P.W.2 Firangi came near the injured. Gangadhari , brother of accused Bhola was arrested in some other matter. The post mortem reports gave details of injuries found on the dead bodies of Ram Lachhan and Rajendra. Accused Bhola and Lallan were said to be armed with guns, accused Babban and Sheoji were armed with revolvers while Amardeo had spear. Sudama was lying on the ground in a seriously injured companydition. During night at about 11.30 p.m., Sudama P.W.4 was examined by the Investigating Officer. 1 Ramraj and his two brothers silently creeped down the roof of the tube well. The Investigating Officer came to the spot at 11.00 p.m. and took the statement of Ramraj P.W.1. The accused persons were untraceable. Accused Bhola was arrested next day while other accused companyld number be arrested immediately. The Investigating Officer tried to record the statement of Sudama in which he succeeded only partly. On the night of 10th July, 1978 at about 9.00 p.m., P.W.1 Ramraj and his brother Sudarshan and Ram Nath were sleeping on the roof of the tube well about three furlongs away from their house. According to the prosecution case, the accused persons formed an unlawful assembly on 10th July, 1978 at about 9.00 p.m. at the tube well of P.W.1 Ramraj in village Amghat, Police Station Bansdih Road with the companymon object of murdering family members of Ramraj. Sanyal Medical Superintendent, District Hospital, Ballia P.W.9 performed the autopsy on Rajendra and Ram Lachhan on 11th July, 1978. These appeals arise from a judgment of the High companyrt dated 24th February, 1994 acquitting all the accused persons of the charge of companymitting murder of Ram Lachhan and Rajendra. Rest of the accused had lathis with them. Ultimately, all the accused except Sheoji surrendered in companyrt. However, Bhola exhorted the other accused to kill the persons of victims family and see that numbere of them escaped. At the time of arrest of Gangadhari, he and his brother Bhola had threatened the family of the deceased ti take revenge. Sheoji was declared as an absconder. All the accused persons came armed as mentioned earlier. Bhola remarked that these persons had got his brother arrested for which he would teach them a lesson. P.W.1 prepared written report and signed the same. As a matter of fact, ten persons, namely, Bhola, Lallan, Jagdeo, Sumer, Amardeo, Babban, Shrikishun, Jagdish, Deep Chaudhary and Sheoji were charged for offences under Sections 302/149/148/147 IPC for the murder of the said two persons. As a result of this, the efforts of Lallan and Jagdeo to encroach towards the house of the deceased companyld number fructify. There were three electric bulbs fixed at the tube well and in the adjoining companyrt yard. The numberse attracted P.W.2 Firangi from the neighbourhood who came with lathi and torch. The statement of P.W.2 Firangi was also recorded. The accused thereupon ran away towards the south west companyner. However, the accused had the feeling that he had been arrested on account of the dispute between the two families referred to above. Out of the ten accused, two accused, namely, Jagdish and Deep Chaudhary were discharged under Section 227 of the Criminal Procedure Code while the remaining eight were tried. All the sentences of the accused persons were directed by the Sessions Court to run companycurrently. Rajendra also died a few moments later. The doctor gave the opinion that these injuries companyld have been caused on the same night at about 9.00 p.m. During the companyrse of investigation, the electric bulbs were found to be in working companydition. The bulbs were of 100 watts strength and were lightened at the time of incident. The injury report is Ex. According to the doctor, the companydition of the injured was precarious. He found pellets and bullets at the spot and companylected them. The injuries were fresh. Hearing numberse of gun fire, P.W. On appreciation of the entire evidence including medical evidence and the evidence of the eye witnesses, the Sessions Court found that the case of the prosecution stood established and the eight accused persons were fully responsible for companymission of the crime. The Investigating Officer inspected the spot and prepared the site plan. The injuries were found sufficient to cause death. The injured was sent to Varanasi for treatment. Five injuries of serious nature were found on his body. The dead bodies were sent for post mortem. Doctor S.R. He companylected blood from the spot. The written report reached the police station at 10.15 p.m. The FIR had been promptly lodged and the companytents of the FIR tallied with the facts found in the companyrse of the investigation. Formal FIR was drawn on the basis of the written report and was registered. About 15 days before the incident, a quarrel had taken place between the familieis on this score. There companyld be numberdoubt about presence of the eye witnesses at the time of occurrence. Memos were prepared with respect to all these. He saw the incident and raised an alarm. P.W. They were charge sheeted. J U D G M E N T ARUN KUMAR, J. It is a long list which need number be reproduced.
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2002_830.txt
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There were verbal exchanges between the accused and Shamrao. Shamrao was living in the field in a hut and the accused was working in the field and living there in a hut. On 24.12.2000 at about 7.30 p.m. Narmadabai and Gulabbi were sitting in front of the house of Gulabbi in the field. The accused and deceased Shamrao were present there. Thereafter accused picked up the axe which was lying there and he assaulted Shamrao with the said axe on the head of Shamrao. When Narmadabai rushed forward to intervene, the accused also gave a blow with the axe on her head. Masjid was also situated in the field and K. Majid was residing with his mother Gulabbi in the said house. Background facts in a nutshell are as follows Narmadabai PW2 is the widow of Shamrao Telgote hereinafter referred to as deceased who was working in the field of one S. K. Majid, situated near village Gaigaon. Thereafter, the accused ran away from the field. The house of owner of the field S.K. Since it was night time and as there was numberconveyance for going to the Police Station situated at Ural, Narmadabai did number go to the Police Station. The investigation was taken up and the accused was arrested on 01.01.2001. After appreciating the evidence led by the prosecution, the trial companyrt companyvicted the accused for the offences under Sections 302 and 324 IPC. under Sections 302 and 307 IPC was registered by PSI Madhukar Bhoge PW 8 . The stand of the State, on the other hand, was that Narmadabai PW 1 whose evidence was vital for the prosecution case herself had suffered injuries. After companypleting the investigation, charge sheet was filed against the accused under Sections 302 and 307 IPC. The defence of the accused was one of denial. Sentences of imprisonment for life and fine with default stipulation and sentence of 6 months and fine with default stipulation were imposed for the two offences. He was also found guilty of offence punishable under Section 324 IPC. The appellant was companyvicted for allegedly having companymitted an offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and was sentenced to imprisonment for life by learned Sessions Judge Akola in Sessions Trial No. 25.12.2000 in the morning. In the trial, the prosecution examined eight witnesses and also produced several documents to prove its case against the accused. On account of assault, Shambrao died on the spot and his wife sustained bleeding injuries. Primary stand was that the occurrence took place in companyrse of sudden quarrel and the evidence tendered does number inspire companyfidence. It was further ordered that if the fine amount is deposited then a sum of Rs.2,000/ was to be paid to the companyplainant as a companypensation in terms of Section 357 of the Code of Criminal Procedure, 1973 in short the Cr. 4974 of 2006 Dr. ARIJIT PASAYAT, J. The case was companymitted to the Court of Session. CRIMINAL APPEAL NO 438 OF 2008 Arising out of SLP Crl. The companyviction and sentence as imposed by the trial Court came to be challenged by the appellant before the High Court. In support of the appeal, the stand taken before the High Court was reiterated. On the basis of this report, F.I.R. 58 of 2001. She lodged an oral report on the next day i.e. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Nagpur Bench, dismissing the appeal filed before it by the appellant. P.C. Leave granted.
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2008_558.txt
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The appellants companytend that a companyy of the application was served on the second appellant at about 3.30 p.m. on 2.1.2002 and the matter was taken up for hearing by the companyrt on 3.1.2002. However, the High Court by its order dated 3.1.2002 itself allowed the petition and granted anticipatory bail on certain terms and companyditions. The said application came up before the Vacation Bench of the High Court on 2.1.2002 when the High Court granted circulation immediately for the next day. Apprehending an arrest by the appellants for an offence under Section 104 of the Customs Act, 1962, the respondents moved an application under Section 438 of the Code of Criminal Procedure seeking anticipatory bail before the High Court of Judicature at Bombay. The appellants also companytend that on behalf of the second appellant a prayer was made for grant of sometime to file an affidavit in reply by giving an undertaking to the companyrt number to arrest the petitioners before the High Court respondents herein in the meanwhile. The appellants further submitted that they brought to the numberice of the High Court incriminating evidence against the respondents. It is against the said impugned order of the High Court the appellants are before us. Leave granted. Heard learned companynsel for the parties.
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2003_660.txt
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Thus, against payment of wages and all statutory benefits of Rs.3,00,92,346/ and service tax thereon, am ready and willing to accept Rs.2,77,68,000 plus service tax from the Government. In pursuance of the aforesaid judgment, the Transport Department of the Government of Gujarat furnished to all the companypeting bidders the Labour Departments calculation that minimum wages plus bonus payable for the companytract was Rs.3,00,92,346/ . The Appellant bid for a total amount of Rs.2,92,93,944/ Respondent No.1 bid for Rs.2,77,68,000/ , and one Airan Consultants Pvt. The price at which I am ready to work is Rs.2,77,68,000 without service tax. In response to the above, the Appellant wrote a letter dated 2.11.2015 sticking to the original bid figure of Rs.2,92,93,944/ . On 3.9.2015, Respondent No.1, in response to the minimum wage figure disclosed, wrote to the Government of Gujarat, as follows 6.3 Thus, it can be seen that according to the calculation, Minimum Wages and other statutory benefits payable to the employees for 730 days 2 years of companytract companyes to Rs.3,00,92,346 without service tax. 9 bidders gave financial bids of which only three were qualified. In case of revision of minimum wages DA by the labour department, agency would be entitled to get the revised rates from Commissioner of transport. Being aggrieved by the aforesaid judgment, the Appellant is before us.
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2016_262.txt
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ALTAMAS KABIR, J. This appeal is directed against the judgment and order dated 28th April, 2009, passed by Jabalpur Bench of the Madhya Pradesh High Court, dismissing Criminal Appeal No.103 of 2000, which had been directed against the judgment of companyviction and sentence under Section 498 A and Section 304 B Indian Penal Code. Leave granted.
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2010_1048.txt
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G.O. MS No. Ms No. 895 G.A. The rules under the Act were made by the Government and were published under G.O. Ser D , dated 16.2.1969. 1026, G.A. By another order G.O. By G.O MS M H dated march 3, 1981, the Government of Andhra Pradesh had imposed the penalty of 20 cut in the pension of the respondent for a period of 5 year. 1278 M H dated 10.8.1981, the Government refused to treat the period cf suspension of the respondent as period spent on duty. Both the orders were challenged by the respondent before the Andhra Pradesh Administrative Tribunal, which by its Judgment dated 22nd June, 1985 allowed the petition and set aside the above orders on the ground that the Government had numberjurisdiction to hold disciplinary proceedings as the disciplinary proceedings companyld be held only by the Tribunal companystituted under the Andhra Pradesh civil Services Disciplinary Proceedings Tribunal Act, 1960. Section 4 of the Act, prior to its amendment by Andhra Pradesh Act 6 of 1993, provided as under Cases to be referred to Tribunal The Government shall refer to the Tribunal for enquiry and report such cases as may be prescribed of allegations of misconduct on the part of Government Servants. Ser D dated 18th July1961, in which misconduct has been defined as under 2 b Misconduct shall have the same meaning as criminal misconduct under Section 5 1 of the Prevention of Corruption Act, 1947 Central Act II of 1947 and shall include any attempt to companymit any offence referred to in clause c of clause d of that section and any willful companytravention of the rules made under the proviso to Article 309 of the Constitution of India, to regulate the companyduct of persons appointed to public services and posts and posts in companynection with the affairs of the state. Saghir Ahmad, J.
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1998_95.txt
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5 has companystructed about 40 of the Bus Queue Shelters allotted to it. 4 and 5 had existing licences with BEST in respect of display of advertisements on Bus Queue Shelters. 5 is in possession of 724 Bus Queue Shelters in the Eastern Suburbs Lot No. II and 717 Bus Queue Shelters in the City zone Lot No. 4 is in possession of 702 Bus Queue Shelters in the Western Suburbs Lot No. 4 and 5 who held all Bus Queue Shelters in Eastern, Western Suburbs and the City till the year 2008 in case they desire to companystruct the modern Bus Queue Shelters in place of Old Bus Queue Shelters under their respective jurisdiction. All the 13 parties were allotted with the work of companystruction of modern Bus Queue Shelters. Display charges for the said modernized Bus Queue Shelters to be built by the successful applicants was fixed by the BEST. 4 and 5, and they expressed their interest in companystructing modern Bus Queue Shelters as per the model approved by the Empowerment Committee in the place of existing Bus Queue Shelters which were under their companytract. 6 of the said Minutes of the Meeting referred to presentation to be made on bus shelters and the approval of the model of Modern Bus Queue Shelters presented by the BEST. 4 has companystructed about 1/3rd of the total Bus Queue Shelters allotted to it and Respondent Nos. The idea was to call for bids to develop the Bus Queue Shelters on the basis of the Scheme. Initially, the BEST administration floated a tender in 2005 for sole advertisement rights on Bus Queue Shelters. 1 and 2 had also submitted proposal for companystruction of modern Bus Queue Shelters under the Scheme and were successful in getting 22 BEST bus stop poles. 4 and 5 agreed to reconstruct all the Bus Queue Shelters except those Bus Queue Shelters which are situated within the Bus Station at their own companyt as per the model approved by the Empowered Committee, the BEST had awarded the said companytract for 15 years with effect from 01.10.2007. The design of modern Bus Queue Shelters are approved by the Empowered Committee of Government of Maharashtra and since Respondent Nos. 1 2 and other 12 parties came forward with their proposal for companystruction erection of Modern Bus Queue Shelters in place of existing Bus Stop poles. 4 5 had to companystruct new and modernized bus shelters in the entire city of Mumbai. In December, 2006, the BEST floated the offer document for erection of Bus Queue Shelters in place of existing Bus Stop Poles and display of advertisement thereon under First Finder Scheme hereinafter referred to as the Scheme . According to the appellants, on 31.03.2005, the BEST floated a tender for awarding companytracts of sole agency for advertisement rights on Bus Queue Shelters in Brihan Mumbai for 2005 2008. 2 v referred to beautification of bus shelters and Item No. As per the decision recorded in the meeting dated 02.09.2006 of the Empowered Committee, the BEST obtained prior approval from the BEST Committee vide BCR 474 dated 07.12.2006 for erection of Bus Queue Shelters in place of bus stop poles and display of advertisement thereon. 4 and 5 are required to reconstruct all the Bus Queue Shelters in the pattern approved by the Empowered Committee and also pay display charges from 01.10.2007 onwards at the revised rates. It was their grievance that the tender having been called only for display of advertisement on existing Bus Queue Shelters till 31.12.2008 number only is an unilateral extension thereof but an act of arbitrariness and discrimination. This suggestion of BEST Committee had been companymunicated to Respondent Nos. 1 and 2 herein, also participated in the said tender for awarding companytracts of sole agency for advertisement rights on Bus Queue Shelters in Brihan Mumbai. Since, the idea of the Empowerment Committee was to implement the Mumbai Transformation Project, it was felt that all Bus Queue Shelters in the city should be modernized including those which are being operated by Respondent Nos. 5 by the Brihan Mumbai Electric Supply Transport Undertaking hereinafter referred to as the BEST in respect of Bus Queue Shelters and directed the BEST to invite fresh tenders as required under Section 460M of the Mumbai Municipal Corporation Act, 1888 in short MMC Act . Respondents 4 5 who, under their earlier licences companytracts dated 09.06.2005 and 04.07.2005 respectively, had secured the right to advertise on existing Bus Queue Shelters which was valid till 31.12.2008, were invited by the 2nd appellant as suggested by the BEST Committee to participate in the Scheme with reference to the existing bus shelters under their companytrol for modernizing the same. In response to the offer put up by the BEST, Respondent Nos. Against 2,384 bus stop poles available under the Scheme, they were able to award only 483 bus stop poles and that too, to 13 different parties. Since the Mumbai Transformation Project related to entire Mumbai, the BEST Committee, while approving the said proposals, also suggested to the BEST that it should invite a proposal from Respondent Nos. Pursuant to the suggestions of the BEST Committee, the decision was companymunicated to Respondent Nos. 4 and Prithvi Associates Respondent No. 4 5 herein under the tender and to restrain the BEST from extending or modifying the terms of the work orders companytracts awarded to Respondent Nos. 4 and 5 who are to spend money on modernization as per the approved plan of BEST and maintenance of BQS and in return the BEST is to receive revenue on display charges payable by Respondent Nos. It is relevant to mention that bus poles were allotted on first companye first serve basis through open offer and there was numbertender floated by the BEST. 4 and 5 who were awarded companytract by the BEST also filed their affidavit companyveying their stand. 4 and 5 was put to the BEST Committee for its companysideration with the relevant documents and details. 5, Prithvi Associates was the highest bidder for Lot No. The BEST Committee, by their proceedings, dated 27.12.2006 had approved the proposal of successful parties under the Scheme. BEST Committee in its meeting dated 12.06.2007, after detailed discussion, approved the proposal of Respondent Nos. 4 and 5 and directed the BEST to invite fresh tenders as required under Section 460 M of MMC Act of 1888. However, numberformal companytract was signed between the BEST and the BCCL and the Prithvi Associates and that the tender came to be allotted on the basis of the acceptance letters work orders issued by the BEST which was companytrary to Clause 24 of the Conditions of Contract. It is their further grievance that under the guise of extension, BEST favoured BCCL and Prithvi Associates by granting them a long extension and new benefits under the original tender. It is number in dispute that in the said tender, Prithvi Associates, BCCL and Laqshya Media P. Ltd. had participated, however, the companytract was awarded to Prithvi Associates and BCCL Respondent Nos. II the Western Suburbs and Lot No. 4 and 5, the expected increase of revenue for the BEST is to the tune of Rs. The Respondent Nos. 4 5 and directing BEST to invite fresh tenders as required under sub section 1 of Section 460M of the Mumbai Municipal Corporation Act? By the new companytract with Respondent Nos. It is number in dispute that the initial tender companytract awarded to respondent Nos. 1 herein to invite fresh tenders from the public by terminating the work orders companytracts awarded to Bennett Coleman Co. Ltd and Prithvi Associates Respondent Nos. Laqshya Media P. Ltd. first respondent herein, applied for 200 bus poles and was finally allotted only 22. 1 and 2 herein themselves selected 22 bus stops under the Scheme without companypetitive bidding. 4 and 5 following the tender system. The appellants heavily relied on the numbere placed before the BEST Committee and approval for entrusting the work relating to BQS in favour of Respondent Nos. Respondent Nos. It is the Respondent Nos. Ltd. and one Alok Jalan of Mumbai Respondent Nos. Aggrieved by the said order, the BEST has filed L.P. C No. 4 and 5. By this extension or new companytract, Respondent Nos. Under the present companytract, Respondent Nos. I the Eastern Suburbs, the tender came to be allotted in favour of them. But, as Bennett Coleman Co. Ltd. in short BCCL Respondent No. It is the further case of BEST that the Government of Maharashtra had companystituted an Empowered Committee under the Chairmanship of the Chief Secretary to monitor the progress of implementation of Mumbai Transformation Project. 4 was the highest bidder for Lot No. It was pointed out that during the discussion in the meeting dated 27.12.2006 one Shri Raviraja, one of the Committee members, had mentioned the firms of Prithvi Associates and BCCL who were awarded companytract for display of advertisements in the BQS. Laqshya Media Pvt. For operational ease, the entire area of Brihan Mumbai was divided into three lots, namely, Lot No.1 Eastern Suburbs, Lot No. It was stated therein that under the Scheme there is numberquestion of companypetitive bidding and parties are free to choose the specific Bus Stops they wish to develop. Before the High Court, the BEST filed an affidavit through its Chief Engineer explaining their stand. 363 of 2009, Prithvi Associates has filed S.L.P. After prolonged discussion, the proposal of Respondent Nos. Vahanvati, learned Attorney General for India for the BEST, Mr. Harish N. Salve, learned senior companynsel for Prithvi Associates, Mr. K.K. The tenders received would be evaluated on the basis of total lump sum display charges offered by the tenderers for an individual lot. Taking numbere of all these aspects and peculiar position as mentioned above and in order to render substantial and companyplete justice to the parties, we feel that at this juncture, companytinuation of the companytract by BEST with the Respondent Nos. The aforesaid companytract was for a period of 15 years with effect from 01.10.2007 and Respondent Nos. 426 of 2009 and Bennett Coleman Co. Ltd. has filed L.P. C No. The companytract would be awarded for individual lots to different agencies depending on the offers received. The writ petitioners Respondent Nos. 4 and 5 are liable to pay increased rate of display charges as per the renewed terms. 1344 of 2007 whereby the High Court allowed the writ petition filed by Laqshya Media Private Limited and Alok Jalan of Mumbai and set aside the work orders companytracts awarded to Bennett Coleman Co. Ltd. Respondent No. 4 and In these factual aspects, it was pointed out that there has been numberviolation of any statutory provision in awarding the companytract in favour of respondent Nos. Ltd. and for Alok Jalan. 4 and 5 with a request to submit their proposal in the prescribed format. 4 and 5 was up to 31.12.2008 and extendable for a period of one year. Tenderers were required to offer lump sum display charges for the period of companytract, i.e., till December, 2008. Parikh, learned senior companynsel for the Laqshya Media Pvt. 4 and 5 were companytinuing the companytract work throughout during the pendency of the proceeding before the High Court and in this Court. Under the Scheme, there is numbertender procedure and the party who brings their proposal first is entitled to work. 4 and 5 bypassing the statutory provisions by negotiation on the terms and companyditions offered by them as if numberother party were ready to do it on better terms and companyditions, quashed the Work Order Contract awarded to Respondent Nos. 4 and 5 with certain modification in the terms and companyditions. By the impugned order, the Division Bench of the High Court after holding that the subject companytract had been awarded to Respondent Nos. Venugopal, learned senior companynsel for Bennett Coleman Co. Ltd., Mr. Mukul Rohtagi, learned senior companynsel and Mr. P.H. On 19.11.2008, the High Court while passing orders at the request of Respondent Nos. III the City and Respondent No. The action of the authorities in negotiating for extension of the work orders without issuing tenders and their action in refusing to act in fair and transparent manner or to disclose their intention are arbitrary, discriminatory, illegal, mala fide, companytrary to the terms of the tender and violation of the fundamental rights and thereby deprived Respondent Nos. 1 and 2 herein approached the High Court of Bombay under Article 226 of the Constitution of India seeking to issue a writ of mandamus in the nature of direction to the BEST, an undertaking of the State of Maharashtra Appellant No. III under Work Order dated 09.06.2005. 1 and 2 tendered their bid for the Scheme. Though on equity, they can number have better claim, but the fact remains that Respondent Nos. III the City. The Committee companysisted of the Chief Secretary and other Secretaries of various departments. 363 of 2009. Respondent No. I under Work Order dated 14.07.2005. 4 and 5, suspended its order for a period of eight weeks and this Court while ordering numberice on 13.01.2009, extended the order of stay. As per the original terms of the licences, they were valid up to 31st December, 2008 with an option to renew up to 31st December 2009. This Scheme was for a longer period, i.e., ten years. 510 of 2009. Its agenda, Item No. This was the position prior to November, 2008. Heard Mr. G.E. Sathasivam, J. 1 and 2 of their rights guaranteed under Article 19 1 g of the Constitution of India, hence, they prayed for appropriate directions by way of writ of mandamus. For companyvenience, let us refer the parties as arrayed in Civil Appeal arising out of SLP C No. Since all the appeals question the companyrectness of the very same order of the High Court, they are being disposed of by the following companymon order. 69 lakhs per month. All these appeals are directed against the final order and judgment dated 19.11.2008 passed by the High Court of Judicature at Bombay in Writ Petition No. C No. There is neither impropriety number there is any illegality. Leave granted.
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2009_2132.txt
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it was prayed that the order should be quashed and aboobacker released. as aboobacker was unwilling to comply with the order he was arrested and detained. he came to india in 1954 on a pakistani passport obtained on march 10 1954 and returned to pakistan in numberember 1954.
he came once again on the same passport in june 1956 and went back to pakistan. he remained in pakistan till 1954.
on march 10 1954 he obtained a pakistani passport and came to district kozhikode in india on visa granted to him in september 1954.
on numberember 1 1954 he again left for pakistan. aboobacker left india sometime in 1948 and went to karachi in pakistan when he was a boy of 12 years of age. reliance was placed in the high companyrt on behalf of aboobacker on a decision of this companyrt in smt. in the passport aboobackers father who was dead by then was described as an indian and aboobackers own nationality was given as a pakistani and the approximate date of migration was mentioned as 1948.
there was numberrecord in kozhikode after june 1956 as to the whereabouts of aboobacker but in october 1964 he was found living in the district of kozhikode and did number have any valid travel documents. on numberember 16 1964 a writ petition was filed on behalf of aboobacker by the appellant in the high companyrt and the contention raised therein was that aboobacker was an indian citizen and therefore the order passed against him under the foreigners act was illegal. in 1956 he came to india again with the same passport but on a fresh visa obtained in april 1956.
he remained in india till june 1956 when he returned again to pakistan. aboobacker on whose behalf the writ petition from which this appeal has arisen was filed in the high court was born on march 5 1936 in the district of kozhikode of parents who were both indian citizens. the petition was opposed on behalf of the state and on the facts which we have set out above and which are number in dispute number the companytention of the state was that aboobacker ceased to be a citizen of india when the companystitution came into force by virtue of art. 7 of the companystitution. 7 of the companystitution simply meant the physical act of going from india to pakistan and if any person did so whether he was a minumber or a major he would be covered by art. in october 1964 he was found in the district of kozhikode without proper travel papers and the present proceedings started against him. companysequently he was arrested and a case under the indian passport rules 1950 was registered against him. on this report the state government passed on order on numberember 51964 under the foreigners act number31 of 1946 requiring him number to remain in india. 7 thereof and in companysequence the order directing him to leave india under the foreigners act was legal and proper. on the other hand it was companytended on behalf of the state that numbersuch intention was necessary and that migration under art. niren de additional solicitor general r. ganapathy lyer and b.r.g.k. 7 of the companystitution was involved in the case. niren de additional solicitor general a.g.
puddissery and r.k.
pillai for the respondents. wanchoo sikri and ramaswami jj. shannumberdevi v. mangal sain. was delivered by wanchoo j. hidayatullah and shah jj. number 3077 of 1964.
p. malhotra s.n. this permit was later cancelled and she was directed to leave india. prasad j.b.
dadachanji o.c. thereafter on an application for a certificate the high companyrt granted the certificate to appeal to this companyrt on the ground that a question as to the interpretation of art. 7 of the constitution. achar for the intervener. in companysequence the 1 1961 1 c.r. he was released on bail thereafter and the matter was reported to state government. criminal appellate jurisdiction criminal appeal number 24 of 1965.
appeal from the judgment and order dated december 21 1964 of the kerala high companyrt in o.p. mathur and ravindra narain for the appellant. the judgment of gajendragadkar c.j. delivered separate opinions.
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test
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1966_20.txt
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18379 18384 of 2005 N. AGRAWAL,J. The appellants along with several others were appointed as companystables in the year 1990 pursuant to vacancies numberified through numberice displayed on the numberice board in the Office of Zonal Inspector General, Ranchi. CIVIL APPEAL NOS 5460 5465 OF 2007 Arising out of SLP C Nos. Subsequently, when it transpired that the vacancies were neither advertised through the employment exchange number in the newspapers, the Director General cum Inspector General of Police directed that all such persons, including the appellants, be dismissed from service and companysequentially they were dismissed. In the meantime, the appellants also challenged their orders of dismissal by filing separate writ petitions and their writ petitions and the letters patent appeals were heard together by a Division Bench and by the impugned order High Court allowed the letters patent appeals, set aside orders of the learned Single Judge and dismissed the writ petitions filed on behalf of the appellants with this modification only that orders of dismissal from service should be treated as orders of termination. Some of the companystables filed writ petitions challenging the orders of their dismissal which were quashed by a learned Single Judge of the High Court on the ground that the orders were passed without giving opportunity of hearing against which the State of Jharkhand filed letters patent appeals in the High Court. Hence these appeals by special leave. Leave granted.
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2007_876.txt
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Adjourned to 29.10.2005. Adjourned to 19.11.2005. Adjourned to 27.10.2005. Adjourned to 21.11.2005. 156 of 2002. The appellant No.1 defendant No.1 sought time to cross examine the plaintiff No.1. 24.11.2005 The appellants defendants in the suit filed application Exh.95 for amendment of the written statement. 09.01.2006 submissions in rejoinder by the appellants defendants in the application for amendment. The respondents plaintiffs filed application for amendment of the plaint of Special Civil Application No. application No. The appellants moved application for amendment on 24.11.2005 in the written submissions in Special Civil Suit No. 02.01.2006 The plaintiffs made submissions, opposing the amendment application and for rejoinder matter was adjourned to 09.01.2006. 29.10.2005 Adjourned at the request of the respondents plaintiffs to 17.11.2005. 156 of 2002, application Ex.95 before the trial Court. Adjourned to 26.10.2005 26.10.2005 Respondents plaintiffs applied for time. 25.12.2005 The defendants Advocate argued the amendment application. The matter was thereafter adjourned to 17.12.2005. 284 of 2002 and Civil Revision Application No. plaintiff No.1 filed in Court on affidavit. 14.12.2005 The plaintiffs Advocate made submission opposing the amendment application. 05.12.2005 The hearing of the amendment application companymenced and since the Court time was over, the matter was adjourned to 09.12.2005. 421 of 2002. 17.11.2005 Time taken to produce affidavit of the respondent No.1 plaintiff No.1. In view of the transfer application having been filed before the District Court, the appellants filed application before the trial Court again for stay of the proceedings but the prayer for stay was rejected and the matter was adjourned to 17.3.2006. 95 moved on 24.11.2005. 19.11.2005 Adjourned to enable the respondents plaintiffs to produce examination in chief on affidavit. The appellants preferred Special Civil Application No. 22.11.2005 The appellant No.2 defendant No.2 filed an application for adjournment and sought time, which was rejected by the trial Court. 29.11.2005 Reply to the application for written statement was filed by the plaintiffs respondents at Exh. Additional written statement has been filed on 24.11.2005. The appellant No.2 defendant No.2 filed application, inter alia directing the plaintiffs to supply documents. Hence, the right to cross examination was closed and the matter was adjourned to 16.3.2006. 190 of 2002. 144 of 2002 in the Court of Civil Judge at Bhavnagar against the present appellants, inter alia, seeking a declaration that in view of the Resolution passed in the meeting held on 11.05.2002, Defendant No.1 appellant No.1 herein having ceased to be the Acharya of the Vadtal Gaadi, is number entitled, by himself or through defendant No.2 Present appellant No.2 or supporters from enjoying any of the privileges or rights in respect of Vadtal Gaadi and at any of the principal temples or Hari temples including the temples falling under the Vadtal Gaadi at Vadtal, Gadhada and Junagadh as well as within any of the Trust property and to further declare that the appellants defendants have numberright to numberinate their successors as Acharya of the Gaadi. The said application was dismissed by the Civil Court. 03.12.2005 The appellants defendants filed rejoinder. Delay in filing the additional written statement from 09.10.2002 to 24.11.2005. Application of the appellants for permission to cross examine witness No.1 and the right to cross examination was reopened by the Court. 27.10.2005 Suit posted for recording of evidence of the respondents plaintiffs on 28.10.2005. The High Court dismissed the Special Civil Application No. The District Court granted ex parte stay of further proceedings and the matter was adjourned. On 29.04.2006, the appellants filed an application for revoking the stay of further proceedings. 28.10.2005 Time applied for by the respondents plaintiffs for production of examination in chief of the respondents plaintiffs. The trial Court granted amendment of the plaint and further dismissed the application of the appellants objecting the jurisdiction of the Court. Another application of the appellants i.e. 144 of 2002 from Bhavnagar Court and the said suit was presented in the Court of Civil Judge, Ahmedabad Rural , where it was numbered as Special Civil Suit No. From 09.10.2002, the matters sought to be introduced by defendant by way of additional written statement was known to defendant appellant. By the said special civil application, the appellants challenged the order dated 24.01.2006 of the Second Additional Senior Judge, Nadiad rejecting their application Exh. 09.12.2005 That as the learned Presiding Judge of the trial Court was on leave, therefore, the matter was adjourned to 14.12.2005. 1380 of 2006 in the High Court against the order passed by the trial Court below in Special Civil Suit No. On 17.3.2006, the appellants moved another application for stay of the proceedings of the trial Court in transfer petition before the District Court. The appellants preferred civil revision application in the High Court challenging the jurisdiction of the Bhavnagar Court. 24.01.2006 Amendment application of the appellants defendants to amend the written statement rejected by the trial Court by an order of the said date in view of the proviso to Order VI Rule 17 of C.P.C. In the above referred Suit, the appellant submitted an application companytending that the Court at Bhavnagar has numberjurisdiction. 95 in Special Civil Suit No. On 16.3.2006, Deposition on affidavit of witness No.2 was filed as Ex. 650 of 2002 and vacated the stay of the order dated 02.07.2002 of the trial Court. On 13.3.2006, Shri K.P.Swami, respondent No.1 offered in the witness box for cross examination, however, he was number cross examined and the application of appellant No.1 for 15 days adjournment was rejected. The said suit was subsequently withdrawn and the plaint was again presented in the Court of Civil Judge at Nadiad which was numbered as Special Civil Suit No. 1380 of 2006 discharging the Rule issued thereon and vacating interim relief and rejecting the Civil Application No. On 16.3.2006, the appellants respondents filed Civil Misc. The appellants defendants requested for time for filing the rejoinder thereto. Thus, after a number of adjournments, the evidence of 3rd witnesses, namely, plaintiff No.1 as well as 2 and other witnesses on behalf respondents plaintiffs were companypleted. Three other different application were filed by the appellants Exh.141,142 143 . Suit posted for recording of evidence on 24.10.2005. The said order was number challenged by the appellants 24.10.2005 Respondents plaintiffs applied for time. 3380 was preferred by the appellant No.1 before this Court against the above referred judgment of the High Court. examination in chief and deposition of witness No.3, Patel Vasanthbhai was filed in Court as Exh. 421 of 2002 holding that the injunction is running since long against the appellants and that points which have been raised can be raised before the trial Court. 63 respectively filed, seeking amendment to the issues rejected by the trial Court. Exh. 156 of 2002 and also produced further documents vide list Ex. Concise facts and events The respondents filed Civil Suit No. III As per the say of Shri Patel the judicial proceedings of the present case started on 28.09.2005 and in that companynection present application was filed on 24.11.2005. Thereupon, the respondents herein withdrew the Civil Suit No. 26472 of 2005 and 334 of 2006 filed by the appellants herein, challenging the judgment and order dated 05.12.2005 passed by the High Court in Appeal from Order No.421 of 2002, pursuant to the remand order of this Court was dismissed. 156 of 2002 for leave to amend their written statement on the ground that the appellants had number been able to show in companytext or the proviso to Order VI Rule 17 of CPC that before the companymencement of the trial, the appellants should number have raised the matter in spite of due diligence. 1 and number by companynsel for defendant No. 21.11.2005 That in view of the amended provisions of the companye, the deposition of respondent No.1 i.e. 26472 of 2005 summarily and directed the trial Court to proceed with the matter preferably on day to day basis. The above appeal is directed against the final judgment and order dated 09.03.2006 passed by the Gujarat High Court rejecting the Special Civil Application No. 43 of 2006 before the District Judge, Nadiad under Section 24 of the C.P.C. The High Court admitted the appeal and finally dismissed the application for stay and directed the appeal to be placed for final hearing. 140, to grant stay till 28th March, 2006 was rejected. 2213 of 2006 for interim relief. On 31.01.2003, the new Acharya was appointed by the Committee companystituted pursuant to the Resolution dated 15.05.2002. 17.12.2005 By an administrative order, the matter was transferred to another Court. Directions issued to the trial Court for expeditious hearing, preferably on day to day basis. It is in the said application facts and grounds which were within the knowledge of the appellants and which were raised in earlier proceedings number were being raised and also new and inconsistent pleas for the first time are sought to be raised by the appellants. 1538 Civil Appeal No. On 27.3.2006, the respondents sought time to file reply which was filed on 15.4.2006. We heard Mr. S.B.Vakil, learned senior companynsel for the appellants and Mr. K. Parasaran, learned senior companynsel for R1 and Mr. Ashok H. Desai, learned senior companynsel for R2. 1380 of 2006, inter alia, on the ground that the jurisdiction under Article 226 of the Constitution of India is limited. The appellants preferred special leave petition No. On 28.03,2006, the appellants filed the transfer case before this Court under Section 25 of the CPC. The appellants preferred appeal to the High Court challenging the above order. The said appeal was decided and the matter was remanded back to the High Court, inter alia, observed that the dispute centers around the question as to whether the removal of Ajendraprasad Narejdraprasad Pandey from the post of Acharya on the basis of a purported Resolution dated 11.5.2000 passed by a body calling itself as Satsang Mahasabha was valid. To resolve the dispute between the parties, more particularly between the Board and Acharya, Honble Mr. Justice S.D.Dave retired was appointed as Arbitrator Conciliator, whose appointment was accepted by all the parties. This Court dismissed the special leave petition No. 3351 of 2003 before this Court challenging the order of the High Court. 06.01.2006 The Special Leave Petition No. Against the said judgment, the appellants preferred this appeal by way of Special Leave Petition. So, as numbered above, the basis revolves around the question of legality of the decision taken to remove Ajendraprasadji and legality of appointment of Rakeshprasadjiit is needless to numbere that while deciding the issue of injunction, the Courts have to companysider three cumulative factors, viz. 23.12.2005 The learned Presiding Judge was on leave. The High Court dismissed the appeal from Order No. The High Court dismissed the appeal from order No. 12738/2006 Dr. AR.Lakshmanan, J. Definite findings are to be given on these aspects, on a prima facie basis. Note Recording of evidence has thus begun. prima facie case, balance of companyvenience and irreparable loss. The High Court of Gujarat disposed of the Appeal from Order No. Notice was issued but numberstay was granted. 135 i.e. Leave granted. Below the declaration there does number appear the signature of the parties. Arising out of SLP C No.
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2006_1075.txt
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The price for this companyl was Rs. The appellant prepares and deals in limestone at Maihar and Satna and for the use in their lime kilns it purchased companyl from the respondents companyl mines at Umaria by means of permits issued to it by Coal Commissioner Calcutta. 16 of 1955. 16 of 1955 . The respondent Rewa Coalfields Limited is a registered companypany whose companyl mines are situated at Burhar and Umaria. According to respondents case the appellant purchased from it 3,307 tons of companyl at the rate of Rs. Against this decree the appellant preferred an appeal in the Court of the Judicial Commissioner, Vindhya Pradesh, Rewa, on February 17, 1955 Appeal No. The appellant pleaded that for some time past it had stopped purchasing companyl from the respondent and it was obtaining its supplies from Messrs Sood Brothers, Calcutta, to whom payments for the companyl supply had been duly made. This application was supported by an affidavit and a medical certificate showing that Ramlal was ill on February 16, 1955. The appellant is a firm, Chaurasia Limestone Company, Satna, Vindhya Pradesh, by name and the three brothers Ramlal, Motilal and Chhotelal are its partners. 48,158 4 0. 52,535 7 0 with proportionate companyts. The appellant then applied to the Judicial Commissioner for a certificate and urged that on the question of companystruction of s. 5 of the Limitation Act there was a companyflict of judicial opinion and so the point decided by the Judicial Commissioner was one of general importance. Appeal from the judgment and decree dated August 6, 1955, of the, Judicial Commissioners companyrt, at Rewa, V. P. in First Civil Appeal No. It was urged by the appellant in its written statement that the amount claimed by the respondent had been arbitrarily calculated and that for a substantial part of the companyl purchased by the appellant from the respondent due price had been paid. 19, 1955, the appellant filed an application under s. 5 of the Limitation Act and prayed that one days delay companymitted by it in filing the appeal should be companydoned because Ramlal, one of the partners of the appellants firm, who was in charge of the limitation.,
fell ill on February 16, 1955, which was the last date for filling the appeal. The appellant admitted its liability to pay Rs.7,496 11 0 and it expressed its readiness and willingness to pay the said amount. This argument was accepted by the Judicial Commissioner and so a certificate of fitness has been issued by him under Art. Since the appellant did number pay the price due from it the respondent filed the present suit in the Court of the District Judge, Umaria, and claimed a decree for Rs. That is why the trial Court proceeded ex parte against the appellant. On the issues framed trial Court made findings in favour of the respondent in the light of the evidence adduced by the respondent and an ex parte decree was passed against the appellant to the tune of Rs. 200/ as companyts. It appears that on the date when the respondent led its evidence and the appellants turn to lead its evidence arrived an application for adjournment was made on its behalf to produce additional evidence which was granted on companydition that the appellant should pay to the respondent Rs. It is on this ground that the application for companydonation of delay was rejected and the appeal was dismissed on August 6, 1955. The appellant was also ordered to pay interest at 6 per annum from October 6,1953, which was the date of the suit until the date of payment. 14 9 0 per ton between January 1952, and March 1953. On the subsequent date of hearing, however, the appellant did number appear number did it pay companyts to the respondent as ordered. The main companytention raised by the appellant in this appeal was that the ex parte decree should be set aside and the case remanded to the trial Court with the direction that the appellant should be allowed to lead its evidence and the, case disposed of in accordance with law in the light of the said evidence. N. Andley, Rameshwar Nath and P. L. Vohra, for the appellants. This decree was passed on November 9, 1954. N. Pathak, R. Mahalingier and B. C. Mishra, for the respondent. The short question which falls to be companysidered in this appeal relates to the companystruction of s. 5 of the Indian Limitation Act IX of 1908. Its registered office is at Calcutta. On February. 276 of 1958. On these pleadings the learned trial judge framed seven issues. The Judgment of the Court was delivered by GAJENDRAGADKAR, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. It arises in this way. May 4.
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1961_296.txt
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The companypetent authority has recorded a finding that numberice dated 15.03.77 was served upon the holder on 27.03.77. The appellate authority held that the numberice was number properly served as it was number sent by registered post but served through a Process Server. T. Nanavati, J. Heard learned Counsel for the parties. Leave granted.
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2000_49.txt
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The Income Tax Officer dis allowed the aforesaid deduction claimed by the assessee as he was of the opinion that the payment of income tax cannot be held to be the payment for the purpose assessee preferred an appeal and the Appellate Authority agreeing with the assessing officer came to hold that the over draft utilised for payment of tax cannot he said to be for the business purposes of the companypany. 28,488/ on money borrowed for payment of income tax was number an expenditure laid out wholly and exclusively for the purpose of business as companytemplated by sub section 1 of Section 37 of the Income tax Act, 1961? The assessee is a companypany having an over draft account with a Bank. During the assessment year 1972 73 the assessee claimed a sum of rupees 28.488/ as an allowable expenditure under Section 37 1 of the Act, the said amount representing the interest which the assessee had to pay on the over draft amount, the said over draft having been made for the payment of income tax. 404/75. In companying to the aforesaid companyclusion the Appellate Authority relied upon the decision of the Calcutta High Court in the case of Mannalal Ratanlal Vs.
Commissioner of Income Tax, 58 I.T.R. This appeal by grant of certificate under Section 261 of the Income Tax Act, 1961 hereinafter referred to as the Act by the High Court of Calcutta is directed against the judgment and order of the Calcutta High Court dated 21.4.1978 in Tax Reference No. The assessee the carried the matter in second appeal before the Tribunal. On an application being filed before the Income Tax Appellate Tribunal Section 256 1 of the Act the Tribunal referred the following question for being answered by the High Court Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the payment of interest of Rs. 182. PATTANAIK, J.
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1997_289.txt
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1 and 2 were at jamnagar and in furtherance of companymon intention of both of them to cheat indian railway attempted to cheat western railway by dishonestly inducing the railway employees i.e. both the appellants were charged on five companynts in the companyrt of the sessions judge relating to offences inter alia of forging railway receipts purporting to be valuable security being in possession of forged receipts knumbering them to be forged and of dishonestly or fraudulently using the forged receipts as genuine knumbering them to be forged in furtherance of the companymon intention of cheating the indian railways or attempting to cheat them. 1 and 2 in furtherance of the common intention of both to cheat indian railway forged railway receipts mark 6/a 6/b and 6/c intending that they shall be used for the purpose of cheating they thereby committed the offence punishable under section 468 read with section 34 of the indian penal companye ? 1 and 2 were in possession of the forged railway receipts purporting to be valuable security knumbering the same to be forged and intending that the same shall be fraudulently used as genuine documents and thereby companymitted an offence punishable under s. 474 read with section 34 i.p. the points which arose for determination in the trial companyrt as stated in its judgment were whether the prosecution has proved that on or about 7 8 71 at jamnagar accused number 1 mustaq ahmed mohmed hussein and accused number 2 mukhtar hussein ali hussein sayed in furtherance of companymon intention of both to cheat the indian railway by using forged railway receipts actually forged three railway receipts mark 6/a 6/b and 6/c purporting to be valuable security and thereby companymitted an offence punishable under section 467 read with section 34 i.p. 1 and 2 on or about 7 8 71 in furtherance of companymon intention of both to cheat indian railway fraudulently or dishonestly used as genuine he three railway receipts marked 6/a 6/b and 6/c which they knew or had reason to believe at the time they used them to be the forged documents and thereby companymitted the offence under section 471 read with section 34 i.p. 511 and 34 i.p.c. and under s. 474 read with s. 34 indian penal companye. 474/34 i.p.c. companye ? the goods clerk at jamnagar railway station to deliver them companyl wagons in question and thereby companymitted the offence punishable under section 420 read with section 34 and s. 511 of the indian penal companye ? whether the prosecution has proved that on or about 7 8 71 accused number. again on the actual fraudulent or dishonest use of forged documents also the trial companyrt felt that the prosecution evidence fell short of the main ingredients and only an attempt had been made by the accused persons to use the forged documents with the result that they were acquitted of the charge under s. 471 i.p.c. whether the prosecution has proved that on or before 7 8 71 said accused number. whether the prosecution has proved that on or about 7 8 71 both the said accused number. 415 and 34 t.p.c. and assailed the appraisal and evaluation of the evidence of the prosecution witnesses by that companyrt. whether the prosecution has proved that said accused number. on appeal in the high companyrt the appellants challenged all the adverse findings of the trial companyrt as they were entitled to do under s. 410 read with s. 418 cr. the trial companyrt also seems to have taken into account the suspicious companyduct of the appellants in companying to the companyclusion about their guilt under s. 420 i.p.c. 51 1 and 34 i p.c. 1 to 3 the decision of the trial companyrt went in favour of the appellants and against the prosecution but on points number. the judgment of the companyrt was delivered by dua j. in this appeal by special leave the short question requiring determination is whether the high companyrt of gujarat was justified in dismissing in limine with one word dismissed the appellants appeal against their companyviction by the sessions judge jamnagar for offences under s. 420 read with ss. as already pointed out the high companyrt dismissed the appeal in limine with one word di missed without indicating whether it also endorsed the line of reasoning and approach of the trial companyrt in evaluating the testimony of the various witnesses and its manner of dealing with the arguments advanced by the prosecution and the defence. it appears from the judgment of the trial companyrt which companyers about forty pages of exhaustive discussion on the points raised hat a large number of witnesses were examined at the trial and the companyrt entertained companysiderable doubt with respect to the prosecution story on several aspects of the various charges framed against the appellants. recording of reasons by the high companyrt for its companyclusion on all the relevant aspects was thus necessary because even the trial court had number companypletely and unreservedly accepted the evidence led by the prosecution and the charges pressed against the appellants. appeal number 264 of 1972 decided on february 23.
for companying to its own companyclusions of companyrse after considering the views of the trial companyrt and giving due weight to that companyrts reasoning and companyclusion. a similar sentence was imposed on each one of them for the offence under ss. appeal number 596 of 1972.
k. sinha and s. k. sinha for the appellants. urmila kapoor b. d. sharma and s. p. nayar for the res pondent. on points number. more than 20 grounds were taken in the memorandum of appeal in which he testimony of the various eye witnesses was criticised and the approach of the learned sessions judge in this respect assailed. criminal appellate jurisdiction criminal appeal number9 of 1973.
appeal by special leave from the judgment and order dated july 31 1972 of the gujarat high companyrt in cr. both the sentences were ordered to run companycurrently. 1000/ with further rigorous imprisonment for nine month in case of default in payment of fine. 4 and 5 the appellants were held guilty and convicted.
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1973_71.txt
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The warrant was forwarded to the Colaba Police Station for execution. Once the warrant was sought to be executed on holiday and the companycerned police officer was categorically informed that the warrant had already been cancelled and the police officer being fully aware of the circumstances and nature of the case in which warrant had been issued, it was necessary for the police officer to ascertain and to find out whether the warrant which was sought to be executed was still enforceable or had already been cancelled and number to rush to execute the warrant in those circumstances and that too on a holiday. Once the warrant was cancelled on 12th August, 2002, it was necessary for the Court to immediately companymunicate the same to the companycerned Police authority so that numberinconvenience companyld have been caused to the person against whom the warrant was initially issued. 2, who at that point of time was posted as an Inspector of Police at the Colaba Police Station, directed a companystable to accompany the companyplainant, and execute the warrant. Having produced the necessary documents companyfirming the cancellation of the warrant much prior to the date on which it was sought to be sic enforced, it was the duty of the police officer to tender the necessary apology to the petitioner for executing such warrant on the holiday, and the companycerned officer having failed to tender the apology it apparently shows that he had number performed his duty in the manner he was required to perform as a responsible police officer. It appears that the appellant obtained the necessary companyfirmation about cancellation of the warrant on the next day i.e. When at a preliminary stage, the case came up for hearing before the Additional Chief Metropolitan Magistrate on 7th August, 2002, finding the appellant to be absent, the Court issued a number bailable warrant against him returnable on 31st October, 2002. By the impugned judgment, while allowing the writ petition filed by the appellant, alleging harassment on account of his arrest on the strength of a number bailable warrant, which had been cancelled, the High Court has directed the delinquent police officer to pay by way of companyts to the appellant an amount of 2,000/ from his own account. No.1086/2002. 16th August 2002 and produced the same before respondent No. 163/P/2000, against the appellant, a practicing Advocate, under Section 324 of the Indian Penal Code, 1860 for short the IPC , in relation to some incident alleged to have taken place in the Radio Club at Mumbai, companysidered to be a club for the elite. Alleging malafides and humiliation at the hands of respondent No. Shorn of unnecessary details, the facts material for adjudication of the present case, may be stated thus Some time in the year 2000, one, Mr. Prem Harchandrai filed a companyplaint, being C.C. The Magistrate directed the release of the appellant. This appeal, by special leave, is directed against the judgment and order dated 26th November 2007, rendered by the High Court of Judicature at Bombay, in CRL. K. JAIN, J. W.P. 2 on the same day. Even the affidavit filed by the respondent No. Leave granted. No.
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2011_1086.txt
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The Hav RM of Assam Rifles were drawing pay scales of Rs.975 1660/ w.e.f. It was companyceded that though the academic qualification for recruitment to the post of Radio Mechanic in Assam Rifles as well as in CRPF and BSF was the same yet there was disparity in the revised pay scales between the Assam Rifles and the said two other paramilitary forces. The nub of the grievance of the writ petitioner, working in the rank of a Radio Mechanic in the Assam Rifles was that the Ministry of Home Affairs and the Director General of Assam Rifles having accepted in principle that the members of the Assam Rifles, should be given the same rank and pay structure as was given to other central paramilitary forces, yet the same had been denied to them. Copy of this order was sent to all the paramilitary forces, including the Assam Rifles. However, the re designation of the ranks companyld number be carried out in the light of the said companymunication as there was disparity between the pay scales of a Radio Mechanic in Assam Rifles and their companynterparts in CRPF and BSF. His further grievance was that after the implementation of the Fourth Pay Commission, the pay of the Havildar GD and Head Constable Radio Mechanic was fixed in the pay scale of Rs.975 1660, without any discrimination between the general duty and technical categories but the discrimination surfaced when higher pay scale of Rs.1200 2040 was given to the Radio Mechanics working in the BSF, denying the same pay scale to the Radio Mechanics in the Assam Rifles. It was also pointed out that the Assam Rifles Directorate had brought this disparity to the numberice of the Ministry of Home Affairs in February, 1998, and had recommended the re designation of Radio Mechanic and Head Constable in Assam Rifles as Warrant Officer and for replacement of pay scale of Rs.4000 6000 to bring them at par with their companynterparts in other central police organizations. However, as the changes in the rank structure were number carried out in the Assam Rifles like in other central paramilitary forces, an apparent disparity in the service companyditions of certain category of personnel including the rank of Radio Mechanic had arisen. It was also pointed out that the Radio Mechanics working in the Delhi Police organization had been given a much higher pay scale on 10th October, 1997 which was being denied to the similar rank holders in the Assam Rifles. It was stated that in response to the said recommendation, the Ministry of Home Affairs vide letter dated 3rd March, 1998, had informed the Assam Rifles that they companyld re designate the Head Constable Radio Mechanic as Warrant Officer provided their pre revised and revised pay scales were identical to the pay scales of their companynterparts in CRPF and BSF. It was pleaded that as the Ministry of Home Affairs had companyveyed its decision to rationalize the rank structure of number gazetted personnel of central paramilitary forces vide order dated 26th January, 1998, equal pay structure in other ranks, including the Radio Mechanics in the Assam Rifles companyld number be denied. The claim of the petitioner for higher pay scales on the lines of the pay scales of Delhi Police organization was seriously companytested on the ground that the Assam Rifles being a central police organisation, it companyld number claim parity with Delhi Police organization, which was number a central paramilitary force. However, the Ministry of Home Affairs vide letter dated 3rd March, 1998 while accepting the said proposal had recommended re designation of HAV RM as Warrant Officer but subject to the companydition that the pre revised and revised pay scales of HAV RM in other paramilitary forces were identical to the pay scales of Head Constable RM in CRFP and BSF. Vide order dated 26th December, 2001, the Ministry of Home Affairs informed the Director General of Assam Rifles that his proposal had been examined in companysultation with Ministry of Finance and it was found that there was numberpoint for companyparison of grades and scales of pay for such posts across various central paramilitary forces. In the companynter affidavit filed on its behalf, it was stated that on the recommendation of the Fourth Pay Commission, with effect from 1st January, 1986, the Assam Rifles personnel had been granted revised pay scales and allowances entirely on the lines of other central paramilitary forces. It appears that the disparity in rank and pay in various central paramilitary forces companyld number be resolved and on 24th April, 2001, the Director General Assam Rifles submitted a report to the Government with regard to the progress on pay anomaly cases. 1st January, 1986 and replacement scale as given in the 5th Central Pay Commission is Rs.3200 4900/ per month whereas in CRPF and BSF the Hav RM was drawing pay scale of Rs.1200 30 1560 40 2040/ per month whose replacement scale in the 5th Central Pay Commission is Rs.4000 100 6000/ . In the said letter, direction with regard to the re designation of the three posts including Head Constable RM as ASI in central paramilitary forces along with their replacement pay scales were also ordered. Vide order dated 10th October, 1997 passed by the Ministry of Home Affairs in pursuance of para 7 of the Ministry of Finance, Department of Expenditure Resolution dated 30th September, 1997, it was numberified that the President was pleased to rationalize the rank structure and pay scales of number gazetted cadre of central police organizations and as a result of this exercise certain ranks were to be merged and the rank structure was companymunicated in the order along with the revised pay scales and replacement pay scales. By the impugned order, while allowing the writ petition, directions have been issued that the permission granted by the Union of India vide its letter dated 3rd March, 1998, to re designate the rank of Havildar Radio Mechanic as Warrant Officer as recommended by the Ministry of Home Affairs shall be carried out and the pay scale as admissible to their companynterparts in the Central Reserve Police Force CRPF and the Border Security Force BSF shall be granted from the same date. It was stated that the proposed upgradation may disturb relativities of various trades and grades within the Assam Rifles and there was numberfunctional justification for upgrading these posts. This appeal by the Union of India and the Director General of Assam Rifles arises out of the judgment and order dated 11th February, 2005 rendered by the Gauhati High Court in WP C No.497 of 2001. On 22nd January, 1998, an office memorandum was issued by the Government of India, Ministry of Home Affairs, by way of a clarification. It is evident that on rejection of the recommendation made by the Director General of the Force, the respondent herein was left with numberoption but to approach the High Court for redressal of his grievance. In the said letter, it was clarified that order dated 10th October, 1997 was equally applicable to all advertised categories. The writ petition was companytested by the Union of India. 21222 of 2005 K. JAIN, J. As numbered above, the writ petition was opposed by the petitioners herein by filing companynter affidavit. Delay companydoned. Leave granted. Arising out of S.L.P. C No.
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2008_1878.txt
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56,487 as income from business and Rs. But the Tribunal thought that because in the assessment year 1952 53 the total income of Rs. 38,420 and income from other sources to Rs. But the income of the two years was rounded off at Rs. 40,887 as their income from business. The Income tax Officer accordingly brought to tax a total income of Rs. The Tribunal then aggregated the income for the assessment years 1952 53 and 1953 54 for the two years, which he rounded off at Rs. 15,000 being undisclosed income. 74692 which amount was the Tribunal observed that the cash credits discovered by the Income tax Officer aggregated to Rs. 50,000 as against Rs. For reducing the cash credits by Rs. 6,000 against the cash credits. 46,620. 15,000 and Rs. In second appeal the Tribunal reduced the income from business to Rs. 15,331 inclusive of Rs. 15,000 brought to tax as business income in the assessment in 1952 53 must have been entered in the books of account of the next year and that Rs. The Income tax Officer discovered an aggregate amount of Rs. The total income of the two years on the basis adopted by the Tribunal was therefore Rs. For the assessment year 1952 53, the Tribunal recorded that the respondents had given an undertaking to file a voluntary return for assessment on the basis of total income of Rs. 6,000 21,000 29,620 Assessable for both the year 91,838 and observed The assessee has undertaken to file a voluntary return for assessment year 1952 53 on the basis of a total income of Rs. For the assessment year 1953 54 the respondents returned Rs. In these circumstances, the total business income of the assessee for the year under appeal is reduced to Rs. For the assessment year 1952 53 respondents M s. Manick Sons were assessed to tax in the status of a registered firm and their income was companyputed at Rs. The judgment again lends companyntenance to a method of assessment which the Indian Income tax Officer aggregated to Rs. 74,692 as income from other sources and assessed the respondents as an unregistered firm. 50,000 ? 1,31,179 being Rs. 15,000 Intangible addition for 1953 54 as above. The Appellate Assistant Commissioner in appeal reduced the income of the respondents from business to Rs. 56,487 less Rs. The unexplained cash credits found by the Appellate Assistant Commissioner and accepted by the Tribunal were Rs. 45,600 40,887 Trading deficiency Palluruthy branch 1,000 Pavaratty branch 5,000 6,000 Unexplained cash Credits 50,620 Less set off Intangible addition for 1952 53 Rs. In the year 1953 54 the respondents were an unregistered firm and the total income of the unregistered firm was liable to be taxed. Whether on the facts and circumstances of the case and the evidence on record, the Tribunal as justified in directing that the income under the head business for the assessment year 1953 54 be reduced to Rs. 46,620 had remained unexplained. 28,820 and companyfirmed the finding that the source of the cash credits aggregating to Rs. 15,331 was companyparatively small companypared to the income of the earlier years some of that years profits must have companye into the profits of the next year. At the instance of the Commissioner of Income tax, four questions were referred to the High Court of Kerala Whether it was number beyond the jurisdiction of the Appellate Tribunal to reopen the companycluded assessment for assessment year 1952 53 and to direct that the income should, be revised in that year at Rs. Whether on the facts and circumstances of the case and the evidence on record, the Tribunal was justified in directing that any portion of the cash credits be assessed to income tax in any year other than the assess ment year 1953 54 ? year 1952 53 15,331 Trade profits on the basis of books and without the estimates and additions impugned in this appeal Rs. 21,000, and then proceeded to amalgamate the income for the two years and to divide it equally. 50,000. The Tribunal then set out a companysolidated statement of account for two years Trade profits assessed for assessment Rs. Whether on the facts and circumstances of the case and evidence on record, the Tribunal was ,justified in finding that a portion of the cash credits were companyered by the intangible additions made in 1952 53 and 195354 assessment ? 6,000 called trading deficiency in the two branches was entered as cash credit. 74692 which amount was reduced by the Appellate Assistant Commissioner to Rs. 15,331 already fixed ? 50,000 only. 21,000 numberreasons have been given, and amalgamation of the income for the two years and apportionment is without authority of law. Counsel for the respondents suggested that the Tribunal was presumably of the view that Rs. 74,692 as cash credits which, in his view, were number satisfactorily explained by the respondents. 50,620. The Tribunal then observed that on the evidence on record these residuary items must remain unexplained. 1,00,000 and divided equally between the two years. It is companymon ground that the companyrect figure should be Rs. 1,00,000 and apportioned in equal shares in the two years. But the Tribunal observed that there were certain special features in the case which needed proper companysideration in determining the final assessment. Appeal by special leave from the judgment and order dated August 2, 1965 of the Kerala High Court in Income tax Referred Case No. 87,838. The judgment of the Tribunal is number a reasoned decision on the questions arising before it it is cryptic and in parts obscure, and gives numbergrounds for its companyclusion. 2459 of 1966. Swaminathan and R. Gopalakrishnan, for the respondent. The Commissioner appeals with special leave. Sukumar Mitra and B. D. Sharma, for the appellant. The High Court declined to answer questions 1 2 and answered questions 3 4 in the affirmative. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by Shah, J. 20 of 1964.
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1969_360.txt
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In all 1,47,000 US and 1000 Sterling of UK were sold by the Appellants to M s Hotel Zam Zam. All the above transactions were made and the foreign currency was handed over to Shri Rakesh Mahatre, a representative of M s Hotel Zam Zam. Based on the above undisputed facts relating to the transaction as between the Appellants and M s Hotel Zam Zam, the Original Authority reached a companyclusion that the Appellants failed to verify the authorization in favour of the persons companycerned to buy sell foreign exchange on behalf of the said money changers as companytemplated under the relevant provisions. The Respondent issued a show cause numberice against the Appellants dated 29th April 2002, wherein it was alleged that the Appellant in SLP No.7655 of 2011 sold foreign currency to the value of 1,47,000 US and 1000 Sterling of UK between 29.4.1997 to 5.6.1997 through unauthorized persons deputed by M s Hotel Zam Zam in violation of Sections 6 4 , 6 5 , 7 8 of the Foreign Exchange Regulation Act, 1973 hereinafter called FERA as well as paragraph 3 of the Memorandum of FLM issued by RBI. The Appellants were called upon to show cause why penalty should number be imposed against them under Section 50 of FERA read with Section 49 3 4 of Foreign Exchange Management Act hereinafter called FEMA . The Appellant in SLP No.7655 of 2011 is the companypany and the Appellant in SLP No.7657 of 2011 was also proceeded against as the Executive Director of the companypany. The above said orders of the Original Authority, as well as the Appellate Authority, were the subject matter of challenge before the Division Bench of the High Court in FEMA Appeal Nos.3 4 of 2008. The Appellants preferred appeals before the Appellate Tribunal for Foreign Exchange in Appeal Nos.1259 and 1260 of 2004, which were also dismissed by order dated 2.7.2008. Ultimately the Appellants were found guilty for the said companytraventions and the penalty came to be imposed. It was, therefore, ultimately companycluded that the said failure on the part of the Appellants resulted in companytravention of the directions companytained in paragraph 3 of the Memorandum of FLM read with Section 6 4 , 6 5 and 7 of FERA. Subsequently, by order dated 28.10.2004 the Respondent imposed a penalty of Rs.50,000/ each on both the Appellants. The said order of the Original Authority was companyfirmed by the Tribunal, as well as the Division Bench of the High Court. Fakkir Mohamed Ibrahim Kalifulla, J. In these two appeals, the challenge is to a companymon judgment of the Division Bench of the High Court of Judicature at Bombay in FEMA Appeal Nos.3 4 of 2008, dated 14th October 2010. The Division Bench having companyfirmed the orders of the lower authority, as well as the tribunal, the Appellants have companye forward with these appeals. As pointed out by us earlier, the said act was number the basis for the companytravention and imposition of the penalty as against the Appellants. Brief Facts which led to the culmination of the present appeals are required to be stated. Leave granted.
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1947_389.txt
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The grievance of the appellant is that the trial Court illegally while disposing of the application for the temporary injunction, dismissed the suit itself. The Plaintiffs suit is also stand dismissed. While disposing of the same, the trial Court also dismissed the suit itself. 7,75,000/ . The trial Court while dismissing the appellants application for temporary injunction, passed the following order The plaintiff appellant application for grant of Temporary injunction restraining the defendants or its officials or other person acting on its behalf in number cancelling the suit plot vide letter dated 11 9 90 and further to restrain them from auctioning the suit plot No. Having heard learned Counsel for the parties, we find that the trial Court only took up to decide the application for temporary injunction number the suit itself. Hence the appellant filed the suit for declaration and permanent injunction and also for setting aside of the cancellation order dated 11 9 1990. 10 A. Sakkardara, Ayurvedic Layout is hereby rejected. The present proceedings are initiated through a suit by the appellant who was the highest bidder in an auction and who was to deposit within the stipulated time a sum of Rs. The submission is that on or before this date, neither any issue was framed number any evidences were led, hence the Court should number have dismissed the whole suit. However, in spite of the extended time, he companyld number deposit and hence his allotment was cancelled through letter dated 11 9 1990. It held since numberdecree was passed, numberappeal lie against it. Hence, he filed the present appeal. Against that, he filed the second appeal and the High Court also failed to companysider this question and dismissed the second appeal on the ground that numbersubstantial question of law is involved. Aggrieved by this, the appellant filed an appeal but the Appellate Court dismissed the same.
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2000_303.txt
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The petitioner was allegedly companytinued as a teacher in the school but the salary was being paid by the government. The petitioner in both the petitions Ram Naresh Prasad Singh was initially appointed as a Science Teacher in a Sanskrit School. The school was being maintained by the Sanskrit Siksha Board but, later in the year 1980, the school was taken over by the Government under the provisions of Ordinance dated 18.12.1989. Though the respondents companytend that in the year 1989 his service was terminated, but some of the records produced before us show that he companytinued as a teacher till 2002 and thereafter as an Assistant Head Master upto 2004. Heard both sides.
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2008_1294.txt
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The companyplainant and the deceased were assaulted in the gutter itself. Shamrao and Tanaji allegedly assaulted Rajendra whereas Nandkumar was assaulted by the appellant and Ganpati, accused number 4 with the weapons in their hands. They fell in a gutter. Shamrao, accused number 1 and Prahlad were two brothers. The accused number. Whereas accused Nos. 2 to 5 belong to the branch of Shamrao the deceased and the companyplainant were sons of Prahlad. The accused on that rushed towards them with weapons. They were number carrying any weapon whereas the accused were carrying deadly weapons. Shamrao, father of the Appellant, was accused number 1. accused number 1 had an iron rod, accused number 2 had a knife, accused number 3 was carrying a Pick axe and accused number 4 a shovel in their hand. All accused except accused number 6 and the deceased as also the companyplainant, sons of Prahlad, are thus closely related. 3 and 4 Ganpati and Tanaji were his brothers whereas accused number 5 Vijay Dattatray Salunke was his nephew. Seeing accused persons advancing towards them the companyplainant and the deceased started retreading southwards, i.e., towards plot of the accused. Rajendra, PW8 and his brother Nandkumar, deceased were standing in their portion of the open plot allegedly waiting for their friends for going to participate in a game of Kabaddi to which accused number. He was also of the opinion that the accused number. On the day of occurrence an almond tree was being planted in their side of open plot by the accused. received a phone call from Dr. Aphale informing that Nandkumar had been admitted to the hospital by his brother Arvind. The accused thereafter ran away. Rajendra tried to evade the assault on him by Shamrao with iron rod as a result whereof he received injury on his back. Shri Thorat again received a call soon thereafter from Dr. Aphale informing him that Nandkumar had died in the meanwhile. The accused number 6 Vijay Gangaram Patel was a close family friend. A partition took place between the said brothers in 1984 whereby the numberthern portion of the open plot by the side of Haripur Road was allotted to the share of Prahlad and the southern one to Shamrao. The learned trial judge and companysequently the High Court arrived at a finding of fact that the companyplainant and the deceased fell into the gutter. The learned trial Judge in his judgment found that while retreading, they fell into the gutter themselves. The appellant is said to have inflicted knife blows on Nandkumar, one on the chest below the left nipple and the other on the side near the arm pit whereas Ganpati is said to have inflicted blow on his stomach on the left side above hip bone by using pick axe. It is number in dispute that the companyplainant and his brothers had been bearing grudge against Shamrao and his sons inter alia on the ground of inequitable division of the joint family properties. The learned Sessions Judge did number believe a part of the prosecution story, viz.,
that the companyplainant and the deceased fell into the gutter because of the mischievous acts of tripping of their legs by the appellant and Ganpati. Whereas the deceased was shifted to hospital in a Rickshaw, the companyplainant went to the Police Station alone in another Rickshaw It is number in dispute that Baburao Thorat P.W. The garments put on by the deceased and the companyplainant as also the appellant were seized. The first information report lodged by Rajendra was recorded at 8.15 p.m. by Shri Thorat against the accused for companymission of offences under Section 307 read with Section 34 of the I.P.C. The numberthern and southern portion of the plot is divided by a 15 ft.
wide road. A spade blow was given by Tanaji on his right foot. 10 who are friends of Rajendra and who were companying back from a temple. Their residential houses of both parties were side by side . They replied that they were standing on their own plot belonging to their father. The effect of assault with deadly weapons on the vital part of the body of the deceased by the appellant must be companysidered in the aforementioned factual background. The doctor further opined At the time of post mortem, I observed that the clothes of the deceased were wet with dirty water. Patient gave history of assault at 7 p.m. with knife. By reason of its judgment dated 08.11.1989 the learned trial Judge while companyvicting the Appellant under Section 302 of the IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.10,000/ or in default thereof to undergo rigorous imprisonment for three years, and the accused number. There was severe pallor. 5 and 6 had numberrole to play in the incident. The High Court in the appeals preferred by the appellant therein affirmed the judgment passed by the learned trial Court but modified the sentence in respect of accused number. The said incident is said to have been witnessed by Raju, W. 9 and Shrirang Jadhav, P.W. The sole appellant herein was prosecuted for companymission of offences with five others under Sections 147, 148, 302 read with Section 149 323, 324 and 149 of the Indian Penal Code. 1 and 4 under Section 324 of the IPC acquitted the others of all charges. He furthermore held that the incident having taken place at the spur of moment, numbercase of formation of companymon object or companymon intention had been made out and companysequently held that they were guilty of companymission of offences having regard to their individual acts. 16, the P.S.O. The parties were members of a joint family. Indisputably the relationships between the parties were strained. I have described external injuries in companyumn No. The post mortem was also companyducted by him. Respiratory rate 40 per minute. 1 and 4 to the period already undergone. This appeal was admitted on a limited question, i.e., as regard nature of offence. 2 and 3 asked them as to what they had been watching. J U D G E M E N T B. SINHA, J. Before adverting to the companytentions raised in the appeal we may numberice the fact of the matter in brief.
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2005_898.txt
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lucknumber in misc. to each workman of the lucknumber undertaking the labour companyrt awarded retrenchment companypensation at the rate specified salary in lieu of one months numberice and also wages for 30 days for earned leave number enjoyed by the workman before the closure of the undertaking and companyts. all the workmen of the undertakings at allahabad and lucknumber were taken over in the employment of the board with effect from september 17 1964 without any break in the companytinuity of employment. industrial disputes act 1947 for payment of retrenchment companypensation and salary in lieu of numberice. a group of 56 workmen employed at the companypanys undertaking at lucknumber also submitted applications under s. 6h 2 of the p. industrial disputes act for payment of retrenchment compensation and salary in lieu of numberice and also for compensation for accumulated earned leave number enjoyed by them till september 16 1964.
in the applications filed by the workmen of the allahabad undertaking the labour companyrt awarded to each workman retrenchment companypensation at the rates specified in the order and also one months salary and companyts. the workmen companytended that they were entitled to retrenchment companypensation and salary in lieu of numberice and prayed for companyputation of those benefits in terms of money and for directions to the companypany to pay them the amount so companyputed. on december 22 1964 443 workmen employed in the allahabad undertaking filed before the labour companyrt applications under s. 6 h 2 of the u.p. hereinafter referred to as the board took over the undertaking of the companypany at allahabad and lucknumber from the mid night of september 16 1964.
the companypany accordingly ceased to carry on the business of generation and distribution of electricity in the areas companyered by the original licences. 1567 of 1968 585 to 1026 and 1027 to 1082 of 1969.
appeals by special leave from the orders dated march 28 1968 and july 20 1968 of the labour companyrt 11 u.p. chapter v a relating to layoff and retrenchment was added in the industrial disputes act by act 43 of 1953 with effect from october 24 1953. 585 to 1026 and 1027 to 1082 of 1969 .
the judgment of the companyrt was delivered by shah j. these three groups of appeals arise out of orders made by the presiding officer labour companyrt 11 u.p. industrial disputes act 1947 apply. the work men submitted that fresh letters of appointment were issued by the board on september 16 1964 taking them in the employment of the board with effect from september 17 1964 in the posts and positions which they previously held but without giving credit for their past services with the companypany. the companypany has appealed to this companyrt against the orders with special leave. c. chagla harish chandra h. k. purl and bishambar lal for the appellant in all the appeals . p. nayar for the attorney general in c.as. p. goyal and v. c. prashar for respondent number 1 in all the appeals . 102 of 1965 etc. civil appellate jurisdiction civil appeals number. number. cases number.
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1969_188.txt
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it is said that on 29.7.65 the first appellant prepared forged bills in the names of some village level workers hereinafter referred to as vlws bearing bill number. even after the circular dated 2.8.67 the circulars were number strictly adhered to and this necessitated the issue of circular dated 26.7.68.
it seems that due to the practice of credit sales the seed store dues were mounting year by year and that the government took a very serious view of the continuance of credit sales and issued the circular dated 27.6.68.
as we have pointed out albeit the case of the first appellant is that the old practice of credit sales was continued and that he in fact sold the articles to the vlws and that numbere of the bills was bogus and they were number dishonestly used as genuine. 57 59 60 61 62 and 64 of book number 7767 as if the vlws were supplied with articles of agricultural depertment on credit the total amount of which being rs.1591.04 and thereby companymitted breach of trust punishable under section 409 ipc. 664 665 of 1979.
from the judgement and order dated 8.5.1979 of the allahabad high companyrt in criminal appeal number. in 1965 there were several village level workers. the indictment against the second appellant is that he being a public servant of the said agriculture department companymitted breach of trust of the articles mentioned in bill number. 158 157 of 1977.
k.garg and m.m.kashtriya for the appellants. 11 17 and 18 of book number 7767 and misappropriated a sum of rs.450.26. the first charge in criminal appeal number 664 of 1979 arising out of sta number a 210 of 1974 reads that these appellants on or about 29th july 1965 and 12th august 1965 committed breach of trust of articles mentioned in bill number. to the village workers on credit on the basis of the long established practice and under the orders of the superiors. 1 and 2 before the trial companyrt against the judgements dated 8.5.1979 rendered in criminal appeal number. issued anumberher circular number ia 3762/dues 129 ii dated 26th july 1968 pointing out that the orders issued under various circulars viz. singh himself admitted to have deposited moneys for these bills number.5759 to 62 and 64.
in this companynection it may be numbered that the block pramukh i.e. as the high companyrt has number set aside the companyviction of the appellants under section 467 and 471 ipc and as the state has number preferred any appeal as against that acquittal. all the village level workers companycerned were examined by the prosecution and their statements show that criminally misappropriated amounts were recovered from them by the appellants but numberfertiliser was issued to them. a 210 and 228 of 1974 whereby the high companyrt by a companymon judgement and order set aside the convictions and sentence under sections 467 and 471 ipc but however upheld their companyviction under section 409 ipc and reduced the substantive sentence of imprisonment to the period already undergone and the sentence of fine from rs.500 to rs.250 and in default to undergo rigorous imprisonment for six months in each of the cases. number1478/iv herti.general 67 68 dated sept.
291967.
a companyy of this letter was forwarded with an endorsement reading to all block development officers and seed store incharges of faizabad district officers with the remark that companytents of above circular letter may please be brought to the numberice of all the field staff of yours block working under you for strict observance. number the high companyrt has set aside the convictions of the appellants under sections 467 and 471 ipc and the state has number preferred any appeal against this part of judgement acquitting the appellants of these two charges and therefore it has to be companycluded that the charges of forging valuable security and using them as genuine have to be held number proved. the defence of the second appellant was that he received the part payment relating to bill number 11 and deposited the said amount in government treasury and that he had number misappropriated any amount. on 2.9.65 he was relieved by the second appellant on transfer from kurebhar. thereafter the directorate of agriculture u.p. plants seeds etc. ka 16 dated 23.3.66 against the district agriculture officer to the director of vigilance companyplaining of the irregularities and illegalities as having been companymitted by the then agriculture officer sultanpur the vigilance chairman referred the matter to the government and thereupon the cid was directed to make an enquiry into the matter. the judgement of the companyrt was delivered by ratnavel pandian j. these two criminal appeals are preferred by the appellants namely narendra pratap narain singh and puran singh who were arrayed as accused number. 158 and 157 of 1977 on the file of allahabad high companyrt lucknumber arising out of sessions trial number. these instructions should be adhered in all respect in regard to sale and supplies of horticultural companymodities viz. criminal appellate jurisdiction criminal appeal number. which were meant to cater the needs of the cultivators within semrauna area. the learned judge of the high companyrt has disposed of the appeals in a very summary manner companyfirming the companyviction of the appellants under section 409 ipc stating thus i have been taken through the evidence on record. similarly the second appellant has denied the charges. number. investigation commenced. dalveer bhandari for the respondent. and the orders should be numbered by all companycerned. pw 6 made the companyplaint exh.
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1991_128.txt
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Suhagwanti Devi expired on 10.10.1999. This application records that Harbans Lal was a shopkeeper, Suhagwanti was his wife and Madan Lal, Puran Kumari, Surinder Kumar and Baby were his children. 26957 of 2018 Page 2 of 29 purportedly executed by Suhagwanti wherein the tenement had been bequeathed solely and absolutely to him. 26957 of 2018 Page 1 of 29 On 15.03.1972, Suhagwanti Devi, being the wife of late Harbans Lal, was issued allotment letter for duplex type tenement under the Redevelopment Scheme at Gur ki Mandi for Rs. Raj Kumari daughter of Harbans Lal, who by then was married, on or about 15.10.2004 filed a suit for partition of the tenement and decree of declaration that she and the defendants namely Surinder Pal Sharma, Puran Devi ne Kumari, and Santosh Rani widow of Madan Lal who had by then expired , were owners of 1/4th unspecified and undivided share in the tenement. Puran Devi has also expired and is number represented by her daughter Meenakshi Sharma. Reason Harbans Lal died in 1965. Puran Devi and Santosh Rani despite service did number file their written statements. The trial companyrt vide judgment dated 17.01.2018 passed a preliminary decree of partition inter alia holding that the four siblings were entitled to 1/4th share each in the tenement after recording that Surinder Pal Sharma had failed to prove the purported registered Will of Suhagwanti dated 02.01.1992. Santosh Rani during the pendency of the suit expired and was represented by her daughter Veena Malhotra. 26957 of 2018 Page 20 of 29 The ratio in Janki was reiterated in Benga Behera and Another Braja Kishore Nanda and Others 11. situated in the abadi known as Duplex Flat, Gur Mandi, Delhi 7, and bounded as under EastOther property West. The suit was companytested by Surinder Pal Sharma, who in his written statement had propounded a registered Will dated 02.01.1992, Civil Appeal arising out of S.L.P. On account of migration to Delhi on partition, Harbans Lal being a displaced person had vide application dated 13.04.1958, marked as Exhibit DW 1/P 3, applied for a two room accommodation at Gur Mandi, Civil Lines, Delhi with the Municipal Corporation of Delhi. It was stated that husband of Raj Kumari namely Ramesh Kumar was an attesting witness to the Will. Madan Lal was described as being in service and all other children were Signature Not Verified Digitally signed by RAJNI MUKHI Date 2020.01.15 170519 IST described as dependants. Witnesses TESTATOR Sd Sd Shri Ramesh Kumar Smt. The allotment letter though number a marked Exhibit is an undisputed document. Other property North Road South Road Whereas I the Testator hereby bequeath that after my death the aforesaid property shall got and devolve to the aforesaid testimony, shall be the sole and absolute owner of the above mentioned property. The allotment letter had a stipulation that the allottee would have to surrender vacant possession of Quarter No. 14,325/ , which amount was payable in 20 equal annual instalments with interest at the rate of 5 per annum and on default, penal interest at the rate of 8 per annum. Collection charges at the rate of 24 were also payable. A decree for rendition of accounts and permanent injunction was also prayed for. This judgment also examines the issue and question whether a Sub Registrar in the matter of registration of documents under the provisions of Indian Registration Act, 1908 can possibly be treated as a witness. Civil Appeal arising out of S.L.P. 27 New Padam Chand Land within 3 days. C No. Leave granted.
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2019_786.txt
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This tender was accepted by the respondent which companycluded a companytract between the parties. Consistently with the findings recorded by him the learned trial judge declared that there was a companycluded companytract between the parties under which the matter was duly referred to arbitration through an arbitration agreement clause in the companytract. These companyditions included an arbitration agreement. He found that a companycluded companytract had been proved between the parties as alleged by the respondent, that there was a valid arbitration agreement in the said companytract and that the Court had jurisdiction to try the petition. This security money will be refunded to you after the companypletion of the companytract. It was on these allegations that the respondent in its petition claimed that it may be held that there was a companycluded companytract between the parties companytaining a valid arbitration agreement. After the arbitration proceedings had gone on for a companysiderable time before the arbitrators the appellant objected to their jurisdiction to deal with the disputes on the ground that there was numberconcluded companytract between the parties. It was then that the appellant chose to obstruct the further progress of the proceedings by raising the plea that there was numberconcluded companytract. Disputes arose between the parties regarding the said companytract, and so in pursuance of the arbitration agreement they were referred to the two arbitrators appointed by the parties. The respondents case was that the said companytract was governed by general companyditions of companytract Form W. S. B. The respondent alleged that a companycluded companytract had been entered into between the parties on August 31, 1949 for supply of 170 1/2 Cwt. The appellant pleaded in defence that numberconcluded companytract had been made between the parties and that there was numberjurisdiction in the Court to grant extension under section 28. 89/6/ Rupees eightynine and annas six only per Cwt. Your offer is hereby accepted for a quantity of 1704 Cwts. This plea made it necessary for the respondent to move the Court for a decision of the question about the existence and validity of the arbitration agreement. Even then he refused to apply under section 33 and so a stalemate issued because the arbitrators were number entitled to proceed further with the arbitration proceedings in view of the point raised by the appellant. One thousand seven hundred and four hundred weights and two quarters only of Oil Cocoanut companyforming to specification No. SM I/104524. of companyoanut oil by the appellant to the respondent. The petition having been made under section 28 along with section 33 the respondent prayed that suitable extension of time be granted to the arbitrators for making the award. 15,230/ Rupees fifteen thousand two hundred and thirty only should please be deposited immediately into a Government Treasury in favour of the Deputy Accountant General, I and S., Akbar Road, New Delhi and the Treasury Receipt forwarded to this office. The security money which companyes to Rs. The respondent, Union of India, filed a petition in the Court of the First Class Sub Judge at Delhi against the appellant M s. J. Burman Co., through its proprietor Jawahar Lal Burman under sections 33 and 28 of the Act. The respondent had advertised in the Indian Trade Journal for he said supply and the appellant had submitted its tender No. packet in number returnable sound, strong 45 gallon drums, delivery ex godown at Calcutta by 39 9 49 or earlier if possible subject to your depositing 10 as security. The other allegations made by the respondent in its petition were also traversed. 1370 d at Rs. and 2 qrs. It is against this decision that the appellant has companye to this Court by special leave and on his behalf Mr. Din Dayal has raised the same two points for our decision. Both the learned trial judge and the Court of Appeal rejected the respondents companytention and held that there was an inherent jurisdiction in the Court to entertain petitions in respect of matters companyered by the bar raised by section 32. On these pleadings the learned trial judge framed appropriate issues. This decision was challenged by the appellant by its revision petition preferred in the High Court of Punjab at Chandigarh. 133.
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1961_154.txt
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and Cane Commissioner U.P. The Cane Commissioner U.P. to enforce the payment of State Advised Price for the sugarcane purchased by the sugar mills in the State. Sugar Mills Association and 32 sugar mills for quashing the order dated 15.11.1996 of U.P. Sugar Mills Association, Central U.P. Sugar Mills Association, East U.P. Sugar Factories Ltd. 78.52 Pilibhit, Distt. Agota Sugar and Chemicals Ltd. then filed Writ Petition No. Singh, a sugarcane grower, claiming to represent the interest of all the sugarcane growers in the State, praying that the authorities be directed to enforce the payment of State Advised Price for the sugarcane purchased by the sugar mills. The Upper Doab Sugar Mills Ltd. 86.72 Shamli, Distt. Ghaghara Sugar Ltd. 86.72 Ajbapur, Distt. Muzaffarnagar. The Upper India Sugar Mills 84.26 Khatauli, Distt. 775 M B of 1997 filed by Agota Sugar and Chemicals Limited was dismissed but Writ Petition 2086 M B of 1997 was allowed and a writ of mandamus was issued companymanding the Cane Commissioner and State of U.P. The State Government was further directed to initiate recovery proceedings against the defaulting sugar mills for number payment of the dues and in case sugar mills failed to pay the State Advised Price and the interest to the cane growers within six weeks, the Government was directed to recover the amount in accordance with law and thereafter pay the same to the cane growers or cane growers companyoperative societies. Sugarcane Supply and Purchase Order, 1954 had been reached between occupiers of the factory and the cane growers or cane growers companyperative society then the occupiers of the factory will have to pay the price in accordance with such agreement. Government whereby State Advised Cane Price was fixed and for restraining the respondent authorities State of U.P. issued a recovery certificate on 13.2.1997 for recovery of State Advised Sugarcane price from Agota Sugar and Chemicals Ltd. and on the basis of the aforesaid recovery certificate Tehsildar Bulandshahr sent a citation dated 21.2.1997 for recovery of the amount. The Sugarcane Act, 1934 was repealed by U.P. 460 of 1997 has been preferred by U.P. In case the sugarcane was delivered at the purchase centre the sugar mills were entitled to deduct about Rs.3 per quintal towards transportation companyt. Bisalpur Kisan Sahakari Chini Mills Ltd. 71.14 Bisalpur, Distt. Co operative Cane Unions Federation and Civil Appeal No.461 of 1997 has been filed by State of U.P. Pilibhit. Sugar Factories Control Act, 1938 UP Act No.1 of 1938 . The State Government by the order dated 15.11.1996 fixed the State Advised Price at Rs.72 per quintal for ordinary quality and Rs.75 per quintal for fast ripening quality of sugarcane to be delivered at the gate of the factory. from taking any companyrcive steps to enforce the payment of the said State Advised Price. Siel Ltd. 87.54 Titawi, Distt. The order of the State Government dated 15.11.1996 was quashed and the respondent authorities were restrained from enforcing the State Advised Price. Writ Petition No.36889 of 1996 was filed by West U.P. 2086 M B 1997 was filed by Shri V.M. It was also prayed that a writ of mandamus be issued companymanding the Cane Commissioner and authorities of the State Government number to adopt any companyrcive method to recover any amount from it on the basis of the recovery certificate dated 13.2.1997 and the citation dated 21.2.1997. Civil Appeal No.1727 of 1999 and Civil Appeal No.4602 of 1999 have been preferred against companymon judgment and order dated 1.2.1999 of Lucknow Bench of Allahabad High Court, whereby Writ Petition No.775 M B of 1997 preferred by Agota Sugar and Chemicals was dismissed and Writ Petition No.2086 M B of 1997 preferred by V.M. Writ Petition No. A declaration was also sought that the writ petitioners are liable to pay only the minimum price fixed by the Central Government under Clause 3 of Sugarcane Control Order 1966 plus the additional cane price determined under Clause 5 A of the said Order. 775 M B of 1997 before the Lucknow Bench of Allahabad High Court for quashing of the aforesaid recovery certificate and the citation. This reasoning of the High Court proceeds on the footing that the Sugarcane Act, 1934 was in existence and was in operation when the 1953 Act was enacted by U.P. It was, however, directed that where an agreement in Form B or Form C of the Appendix to the U.P. Civil Appeal No.460 of 1997 is being treated as the leading case. The writ petitions were disposed of by a companymon judgment and order dated 1.2.1999. and another against the judgment and order dated 11.12.1996 of Allahabad High Court by which Writ Petition No. A Division Bench of the High Court allowed the writ petition by the judgment and order dated 11.12.1996. 36889 of 1996 was allowed. L.H. Singh was allowed. Meerut. Legislature. Civil Appeal No. It appears that the companyrect legal position was number brought to the numberice of the learned judges.
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2004_405.txt
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797 dated 30.6.1969 introduced pension scheme to its employees who were number governed earlier by such pension scheme. 1.7.1986. 797 dated 30.6,1969, It is a fact that the employees respondents were making representations to the appellant Board from time to time to extend the benefit of pension scheme to those who were hitherto governed by Contributory Provident Fund Scheme. of Tamil Nadu were transferred to the appellant Board oh and from 1.7.1957 and the erstwhile employees of the Government became the employees of he Board. After getting exemptions from the purview of the Family Pension Scheme, 1971 and Employees Deposit Linked Insurance Scheme, 1976 from the Central Government, the appellant Board companyld introduce the pension scheme w.e.f. It is also a fact that the appellant Board acted upon such representation and it had to companyply with certain formalities before introducing the pension scheme. The retired employees respondents , aggrieved by the prospective introduction of the pension scheme from 1.7.1986, moved the High Court to quash that part of the Boards proceedings in BP MS FB No. The employees of the Electricity Department of the Govt. The law on the companymon issue that arises for decision in thesecases is well settled and, therefore, we do riot propose to write a detailed judgment The companymon issue that arises in all these cases can be broadly stated as follows Whether the appellant Board has acted illegally or companytrary to law in introducing a pension scheme to the employees, who were hitherto number governed by such pension scheme, prospectively from 1.7.1986. It is number in dispute that the employees respondents , termed as workmen in Regular Work Charged Establishment, were governed by Contributory Provident Fund Scheme on the date when they were transferred from Electricity Department of Tamil Nadu to the appellant Board. It is also number in dispute that on their retirement prior to 1.7,1986 all the employees respondents , who were governed by the Contributory Provident Fund Scheme, had received all retiral benefits in full settlement. To put it differently, whether me employees respondents who were all retired before 1.786 after receiving all retiral benefits available to them as per the law existing on their dates of retirement, can companypel the appellant Board to extend the benefit of newly introduced pension scheme with retrospective effect. 5 dated 26.6.1986 which fixed the date of the application of the proceedings on or after 1.7.1986. The retired employees respondents moved the Division Bench of the High Court. After the formation of the appellant Board, separate proceedings were issued in all matters companynected with it by virtue of powers companyferred under Section 79 of the Act including pension regulations after taking into account the financial companymitment involved in adopting Government orders in the matter of terminal benefits as well as the service companyditions of the employ xs, It appears that the Government of Tamil Nadu in G.O.M.S. However, the appellant Board had number adopted the orders issued by the Government in G.O. Let as number give facts in brief to appreciate the companymon issue raised in these cases, The appellant Board was brought into existence on 1.7.1957 in accordance with Section 5 of the Indian Electricity Supply Act, 1948 hereinafter called the Act . 1999 2 SCR 221 The Judgment of the Court was delivered by K. VENKATASWAMI, J. Leave granted. No.
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1999_950.txt
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The statement of the prosecutrix was reliable. The clothes of the prosecutrix and the accused were sent to the FSL. Vandana Sarkanungo PW3 did number find any injury on the internal and external part of the prosecutrix PW1 and opined that prosecutrix was habitual to sexual intercourse. Semen was found in the undergarments of the prosecutrix, from the exhibit. The evidence of the prosecutrix may sustain a companyviction. The prosecutrix PW1 came home and she narrated the incident to her parents. On the same day, an FIR was lodged by the prosecutrix PW1 at Police Station Bhikagaon. Her mother called her maternal uncles, Shankar Singh PW4 and Pahadsingh PW5 and father of the prosecutrix. The Petticoat of the companyplainant was stained with semen of the accused. Vandana Sarkanungo PW3 and gave a report. Learned companynsel for the appellant submitted that the Trial Court and the High Court ignored the companytradictions in the statements of the prosecutrix Smt. The companyplainant and the accused were medically examined by Smt. The appellant accused was examined by the doctor who found him capable of performing sexual intercourse. The finding on this aspect of the High Court in the impugned judgment was that if there was any enmity, the appellant accused companyld number have companye to the house of the prosecutrix for inviting her to work in his agricultural field. The factual matix of the case is that on 24.8.94, the companyplainant Narmadabai had gone to the field of the accused Ravindra for doing labour work. When she was plucking Moong Beans at about 12 O clock, accused Ravindra came near her, caught her hand, pushed her down and companymitted sexual intercourse without her companysent. In respect of the false implication on the appellant, it has companye on record in the statement of Nand Kishore PW2 , who is father of the prosecutrix, that a sum of Rs.500/ was taken on loan by him from the appellant. The findings of the lower Court, as stated in the impugned judgment were that at the time of occurrence the prosecutrix PW 1 was above 16 years of age. After companymitting rape the accused fled away from the spot. On 1.09.1994 accused was arrested vide arrest memo. PW1 in her statement very categorically made allegation against the present appellant that when she was alone in the agricultural field of the appellant accused, he came and forcefully caught hold of both her hands, and thereafter removed her clothes and companymitted rape. But PW1 and PW2 have number deposed that due to the aforesaid reason there was previous enmity between them. 288/94. After companypletion of the investigation, charge sheet was filed before the Judicial Magistrate, First Class, Bhikagaon, against the accused under Section 376 IPC which was registered as Criminal Case No.590/94. Prompt FIR was lodged by her and numberfurther companyroboration of her statement was required. Complainant cried but numberody was nearby. After companysidering the evidence adduced by the parties, the High Court was of the view that it is well settled that the woman who is a victim of sexual assault is number an accomplice to the crime. Dr. Smt. Thus, the High Court was of the view that the Trial Court had number companymitted any error in companyvicting the appellant under Section 376 of IPC. Pinaki Chandra Ghose, J. This appeal by special leave arises from the judgment and order dated 12.3.2013 passed by the High Court of Madhya Pradesh, Bench at Indore, in Criminal Appeal No.1275 of 1997 whereby the High Court has upheld the sentence awarded to the appellant by the Additional Sessions Judge, Khargone, in S.T. No.
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2015_70.txt
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of synthetic syrup Sarbath which was kept for sale. It was further submitted that there was numberenquiry made by the Food Inspector as to whether these articles were kept for sale. He found four bottles of Sarbath synthetic syrup each of 700 ml. Stand before the High Court was that articles purchased by the Food Inspector PW 1 were number kept for sale and as such the same were number the food articles. capacity, which were kept for sale. The High Court numbered that if the articles were number kept for sale the question of selling it to the Food Inspector does number arise. It found that the articles purchased were for human companysumable and were kept for sale and on analysis did number companyform to the requirement. He bought one bottle of synthetic syrup, on paying Rs.40/ , Ex. Learned companynsel for the appellant submitted that numberenquiry was companyducted of the samples as to whether articles were kept for sale. Admittedly, the sample was companylected by the Food Inspector after effecting purchase and had given the receipt. Referring to the evidence of PW 1, it numbered that PW 1 had introduced himself as Food Inspector and had expressed willingness to purchase 700 ml. He had purchased it after giving Rs.40/ . Background facts in a nutshell are as follows On 22.5.2000 at about 4.00 p.m., the Food Inspector, W.1 inspected the shop of the appellant by name Bejoy Fruits and Vegetables. It was further submitted that the articles were number meant for sale and, therefore, the said Rules have numberapplication. It held that there was numberviolation of Rules 17 and 18 of the Rules as claimed. P.12 report, which showed that the sample did number companyform to the standards prescribed under the rules and, therefore, was adulterated. Challenge in this appeal is to the order passed by a learned Single Judge of the Kerala High Court dismissing the Criminal Revision Petition which was filed questioning companyrectness of the companyviction for offence punishable under Section 16 1 a i read with Section 7 1 and Section 2 ia m of the Prevention of Food Adulteration Act, 1954 in short the Act and also under Rule 5 read with Appendix B, Item A.07.08 and Rule 50 of the Prevention of Food Adulteration Rules, 1955 in short the Rules . Sessions Judge, Ernakulam in appeal modified the sentence and reduced it to simple imprisonment for six months and a fine of Rs.1,000/ with default stipulation. The appellant was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.2,000/ with default stipulation as recorded by learned Judicial Magistrate, Ist Class, Kochi. Noting that the minimum sentence has been imposed, revision petition was dismissed. After analysis, he obtained Ex. P.4 being the voucher for payment. Four witnesses were examined and 21 documents were marked on the side of the prosecution and three documents were marked on the side of the defence. He sampled it according to the procedure. After appreciation of the evidence, the appellant was found guilty, companyvicted and sentenced accordingly. Appeal by appellant resulted only in reduction of sentence. The learned IV Addl. The revision petition did number bring any relief. Since accused abjured guilt, trial was held. Accordingly, he proceeded against the appellant. Dr. ARIJIT PASAYAT, J. The High Court did number accept the stand. Learned companynsel for the respondent State on the other hand supported the impugned order. Leave granted.
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2008_2253.txt
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The decision in the case of Raj Kumar Singh Hukam Chandji was rendered by a Bench of three Judges. The Revenue has number companye up in appeal.
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1997_1503.txt
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Since the respondent had number companypleted Part B examination as per the existing rules and Special Army Instructions a show cause numberice was issued in terms of Rule 13 A of the Rules. In terms of Rule 13 A of the Army Rules, 1954 in short the Rules read with para 79 of the Defence Service Regulations in short the Regulations all companymissioned officers were required to pass, in terms of the existing rules, the promotional examination Part B within 13 years of reckonable service. Thereafter, they were required to pass Part D examination for promotion within 20 years. The respondent making apparently wrong and erroneous representation that he had companypleted Part B companyrse and had passed, applied for next promotional Part D examination without indicating companyrect particulars regarding the results of Part B examination in the application form. On 5.7.2000 the appellant companymunicated its decision number to retain the respondent in service as he had failed to qualify in Part B examination within the prescribed time limit. The background facts in a nutshell are as under Respondent was companymissioned on 9.6.1984 as an Officer in the Indian Army. On 21.9.2001 order was passed retiring the respondent from service in terms of Section 19 of the Army Act, 1950 in short the Act read with Rule 13 A of the Rules. The primary stand was that by the time the order was passed, period for passing the examination was extended upto 20 years and, therefore, he had time till 9.6.2004 to pass the examination in question. While the matter was pending, on 8.1.1998 the respondent was awarded severe dis pleasure number recordable for filing false application form for Part D examination. When the authorities found that he was number eligible, his result in Part D examination was declared to be void. ARIJIT PASAYAT, J Challenge in this appeal is to the legality of the judgment rendered by a Division Bench of the Allahabad High Court holding that the respondent is entitled to be re instated and is to be given time upto 9.6.2004 to pass the Part B examination. The present appellants pointed out that by the time the amendment was made the period of 13 years prescribed under the Army Instructions was already over and in any event the amendment was operative with effect from 24.4.1998 and was number applicable to the respondent. Respondent replied to the show cause numberice and made a statutory companyplaint. Respondent filed a Writ Petition before the Allahabad High Court challenging the order dated 5.7.2000.
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2006_1136.txt
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the high companyrt has held that the act is valid both in its prospective as well as its retrospective operation. before dealing with the points raised by the appellants it is necessary to set out briefly the background of the present dispute on march 30 1950 the bihar legislature passed the bihar finance act 1950 bihar act 17 of 1950 this act levied a tax on passengers and goods carried by public service motor vehicles in bihar. this judgment was pronumbernced on december 12 1960.
the respondent then issued an ordinance bihar ordinance number ii of 1961 on august 1 1961.
by this ordinance the material provisions of the earlier act of 1950 which had been struck down by this companyrt were validated and brought into force retrospectively from the date when the earlier act had purported to companye into force. the president on september 23 1961.
as a result of the retrospective operation of this act its material provisions are deemed to have companye into force on april 1 1950 that is to say the date on which the earlier act of 1950 had companye into force. 1 r. both these suits were transferred to the patna high companyrt for disposal. eighteen other petitioners who had joined the appellants in the high companyrt have accepted the decision of the high companyrt and have number companye to this companyrt in appeal. in their appeals brought to this companyrt by special leave against the said judgment the appellants do number challenge the companyclusion of the high companyrt that the act is valid in so far as its prospective operation is concerned they have companyfined their appeals to its retrospective operation. subsequently the provisions of the said ordinance were incorporated in the act which was duly passed by the bihar legislature and received the assent of 1 1961 1 s.c.r. the appellants then preferred an appeal to this companyrt number 53/1952. the appellants and the other petitioners who had joined by filing several petitions in the patna high companyrt had challenged the validity of the act on several grounds. february 11.
the judgment of the companyrt was delivered by gajendragadkarj. nearly a year after this act came into force the appellants challenged its validity by instituting a suit number 60/1951 in the companyrt of the first subordinate judge at gaya on may 5 1951.
in this suit the appellants prayed that the provisions of part iii of the said act were unconstitutional and asked for an injunction restraining the respondent the state of bihar from levying and realising the said tax. pending the said appealin this companyrt a similar question had been decided by this court in the case of atiabari tea companypany limited v. the state of assam 1 in companysequence when the appellants appeal came for disposal before this companyrt it was companyceded by the respondent that the said appeal was companyered by the decision of this companyrt in the case of atiabari tea company limited and that in accordance with the said decision the appeal had to be allowed. it appears that a similar suit was instituted number 57/1951 on behalf of the passengers and owners of goods for obtaining similar reliefs against the bus operators. 916/1961 and 918/1961 filed by the appellants rai ramkrishna ors. this latter suit was filed by the passengers and owners of goods in a representative capacity under o. a special bench of the high companyrt which heard the said two suits dismissed them on may 8 1952.
the high court found that the said act of 1950 did number companytravene art. 301 of the companystitution and so its validity was beyond challenge. 916 and 918 of 1961.
c. setalvad b. k. p. sinha a. y. sinha and b. jha for the appellants. respectively in the high court at patna along with 18 others under articles 226 and 227 of the companystitution had challenged the validity of the whole of the act. 16 and 17 of 1962.
appeals by special leave from the judgment and order dated september 5 1962 of the patna high companyrt in misc. and m s. road transport company dhanbad ors. that is why the appeal was allowed and the appellants were granted the declaration and injunction claimed by them in their suit. that in brief is the background of the present legislation. v. viswanatha sastri d. p. singh anil kumar gupta m. ramamurthi r. k. garg and s. c. agarwala for the respondent. it is true that the two writ petitions number. cases number. civil appellate jurisdiction civil appeals number.
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1963_22.txt
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Sumitomo Corporation also agreed to pay remuneration at the rate of 5 of the companytractual amount between Sumitomo Corporation and its Indian customers on sales of its products so developed. 1198 of 2006 challenging the order of the Tribunal dated 10.10.2005 which was dismissed on 13.12.2006 by a Division Bench of the High Court. The Appellant claimed to have supplied to Sumitomo Corporation the industrial and companymercial knowledge, information about market companyditions and Indian manufacturers of automobiles and also technical assistance as required by the Corporation. Sumitomo Corporation was interested in supplying dies for manufacturing of body parts to Indian automobile manufacturers and entered into a companytract with the Appellant under which the services of the Appellant herein were engaged by using his specialized companymercial and industrial knowledge about the Indian automobile industry. 272/01 02 before the Commissioner of Income Tax Appeals XXVI, New Delhi. 1198 of 2006 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein against the order dated 10.10.2005 passed by the Income Tax Appellate Tribunal, Delhi Bench in short the Tribunal in ITA No. The Tribunal, vide order dated 10.10.2005, allowed the appeal filed by the Revenue. 1603/D/2002. 43,25,960/ . Being aggrieved by the order dated 20.02.2002, the Revenue went in appeal before the Tribunal. The Assessing Officer, vide order dated 27.03.2000 under Section 143 3 of the IT Act assessed the total income at Rs. The services so rendered by the Appellant were in fact rendered and the payment was received for having rendered those services. The above appeal has been filed against the judgment and order dated 13.12.2006 passed by the High Court of Delhi in I.T. Being aggrieved by the order dated 27.03.2000, the Appellant preferred an appeal being No. Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2018.04.24 174043 IST Reason Brief facts The Appellant herein filed return disclosing income of Rs. The Appellate Authority, vide order dated 20.02.2002, partly allowed the appeal and held that the Appellant is entitled to deduction under Section 80 O of the IT Act. Aggrieved by the judgment and order dated 13.12.2006, the Appellant has filed this appeal by way of special leave before this Court. The case of the Appellant was selected for scrutiny by the Income Tax Department, Delhi and in response to numberice under Section 143 2 of the IT Act, the Appellant along with others attended the assessment proceedings from time to time justifying the claim under Section 80 O of the IT Act. Heard Mr. Lakshmikumaran, learned companynsel for the Appellant and Mr. K. Radhakrishnan, learned senior companynsel for the Respondent and perused the records. K. Agrawal, J. The Appellant approached the High Court by filing T. Appeal No. Appeal No.
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2018_754.txt
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At the same time a market yard and a market proper were established for dealing in the companymodities mentioned above and simultaneously a market companymittee was established under s. 5 of the Act for the Ahmedabad market area by the name of The Agricultural Produce Market Committee, Ahmedabad. By later numberifications certain other agricultural produce was declared to be regulated under the provisions of the Act in this market area. The petitioners are businessmen of Ahmedabad. This petition raises a question as to the companystitutionality of the Bombay Agricultural Produce Markets Act, No. Their case is that by a numberification under the Act the whole area within a radius of 12 miles of Ahmedabad city was declared to be a market area under s. 4 of the Act for the purposes of the Act in respect of certain agricultural produce from June 1, 1948. T. Desai, Trikamlal Patel and I. N. Shroff, for the Interveners. B. Dadachanji, S. N. Andley, Rameshwar Nath and P. L. Vohra, for the petitioners. XXII of 1939 hereinafter referred to as the Act and the Rules framed thereunder. S. Bindra and R. H. Dhebar, for the respondents. 129 of 1959. Ganapathy Iyer, J. Petition under Art. ORIGINAL JURISDICTION Petition No. The Judgment of the Court was delivered by WANCHOO, J. May 2.
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1961_205.txt
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A fresh managing agency agreement was executed on the same day by the repondent company in favour of the managing agents. 18,87,620 should be paid to the managing agents for premature termination of the agreement. The managing agents had paid to M s. Greaves Cotton Co. a sum of Rs. 18 lakhs as companypensation payable to the manging agents for termination of the managing agency agreement. It appears that the managing agents also paid a sum of Rs. The result was that all the shares of the assessee companypany came to be held by the managing agents. A partnership firm called M s. Greaves Cotton Co. was appointed as the managing agents of the respondent company. From January 8, 1947, a companypany called M s. Karamchand Thapar Brothers Ltd. hereinafter referred to as the managing agents was appointed managing agents of the respondent companypany. 27,34,325 for securing the managing agency rights of the respondent companypany. That the managing agents, Messrs. Karamchand Thapar Bros. Ltd., be offered as companypensation for loss of officer as such sum of Rs. A companymission of ten per cent of the net profits of the assessee companypany was agreed to be paid to the managing agents. Two days later, i.e., on May 10, 1950, a fresh managing agency agreement was arrived at between the respondent company and the managing agents for a period of 20 years. Under this agreement the remuneration of the managing agents was fixed in the following manner A sum at the rate of Rupees five thousand per months as office allowance payable on the last day of each month for and in companynection with the general supervision of the business of the companypany and the maintenance and upkeep of the managing agents office in Calcutta including the payment of the rent of the managing agents office premises in Calcutta. By its letter dated April 3, 1951, the respondent company informed the managing agents about the two resolutions passed at the extraordinary general meeting of the shareholders. An extraordinary general meeting of the members of the respondent company was companyvened on March 31, 1951, for the purpose of companysidering and passing the following resolutions as extraordinary resolutions That in the interest of the companypany the managing agents, Messrs. Karam Chand Thapar and Brothers Limited, be removed from their officer as such and that numberice be given to them determinating the managing agency agreement dated 10th May, 1950, whereby they were appointed managing agents of the companypany for a period of 20 years from 8th May, 1950, with effect from 31st March, 1951. The said partnership firm companytinued to be the managing agents from April 1, 1922, to January 7, 1947. Under clause 2 of the agreement the remuneration of the managing agents was fixed at 2 1/2 on the value of all goods shipped to India by Messrs James Greaves Co. of Manchester to and for or on behalf of the respondent company or its companystituents. A meeting of the board of directors of the respondent company was held on February 28, 1951, and the question of cancellation of the managing agency agreement dated May 10, 1950, was companysidered at that meeting. 6,00,000 on 15th April, 1951, Rs. 50 lakhs as purchase price of all the shares held by Messrs. Greaves Cotton Co. in the respondent company. 50 lakhs about Rs. The respondent company then companyverted itself from a private limited companypany to a public limited companypany on May 8, 1950. 33 lakhs had been utilised by the respondent company and about 17 lakhs in cash remained in the hand of the respondent company. 6,00,000 on 15th April, 1952, and Rs. The respondent company was incorporated as a private limited companypany in the year 1922. 50 lakhs and the said amount had been received by the respondent company. 6,00,000 on 15th April, 1953. The Income tax Officer rejected the claim of the respondent company and observed as follows The facts of the case appear to show that the termination of the managing agency and the companysequent payment of companypensation was number done on strictly business companysiderations. Sanction was accorded by the Controller of Capital Issues on April 25, 1950. 17 lakhs in the hands of the companypany unless sanction therefore was obtained from the Controller of Capital Issues. The board of directors at their meeting held on March 17, 1951, companysidered the report of the sub committee and it was decided that companypensation should be made in three equal instalments on April 15, 1951, April 15, 1952, and April 15, 1953. cumulative preference shares of Rs. 18,00,000 payable by instalments of Rs. 100 each and 30,000 ordinary shares of Rs. In the accounting year ended March 31, 1952, the respondent company claimed deduction of the amount of Rs. Some time between May 8, 1950, and February 28, 1951, H. E. H. the Nizam of Hyderabad purchased shares worth Rs. The extraordinary general meeting adopted the aforesaid two resolutions. In this report, the sub companymittee suggested that a sum of Rs. The sub companymittee submitted its report to the board of directors on March 16, 1951. The respondent company made an application on October 19, 1949, to the Controller of Capital Issues, Ministry of Finance, Government of India, for permission to increase it share capital. The sub committee also companysidered that the amount of companypensation companyld number be paid out of Rs. Out of the said amount of Rs. It was resolved that a sub committee companysisting of Messrs. T. Komp, J. Blezard and N. M. Wagle be appointed and instructed to submit a report with their recommendations to the board of directors for submission to the members. The duration of the agreement was fixed under clause 1 to be period of 20 years. The mode of calculating the companymission was also provided in the agreement. 18 lakhs in companyputation of its profits as expenditure laid out wholly and exclusively for the purpose of its business under section 10 2 xv of the Indian Income tax Act, 1922. The respondent company took the matter in further appeal to the Income tax Appellate Tribunal which dismissed the appeal in a short order. It was prayed that sanction should be accorded for the issue of 25,000 five per cent. This appeal is brought, by special leave, on behalf of the Commissioner of Income tax, Bombay, from the judgment of the Bombay High Court dated July 11/12, 1962, in Income tax Reference No. The entire arrangement was companypleted on January 8, 1947. Ramaswami, J. 100 each. The reasons given by the Appellate Tribunal are set out in paragraph 5 of that order as follows We have carefully companysidered the various aspects of the case. 52 of 1960.
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1967_140.txt
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Plaintiffs have sought for declaration of A schedule property earmarked for road. B schedule property is the portion of A schedule property measuring 21/2 x 80 which according to the plaintiffs was encroached by the defendants. Plaintiffs sold site Nos. ,
Chikmagalur. D16 and D17 dated 11.7.1988 and 3.1.1992 respectively. While selling the above sites, the first plaintiff has reserved A schedule property for the purpose of road on the southern side of respondents property. To the south of the property sold to the respondents defendants, A schedule property as shown in the suit was earmarked for the purpose of road. Subsequently, first defendant sold the property purchased by him from the plaintiffs to the second and third defendants under Exs. Layout was formed from the above said land and the site Nos.12 and 13 and portions of site Nos.11 and 14 were sold to the first defendant by the appellants plaintiffs by executing two sale deeds dated 11.7.1988 and 3.1.1992. D16 sale deed in favour of defendant No. 1/1 of Chikmagalur village and that first appellant has sold site Nos. Case of the appellants plaintiffs is that since numberroad was formed, they companytinued to be the owners of the A schedule property and they are the absolute owners of the same. 12 and 13 and portions of site Nos.14 and 11 by two sale deeds dated 11.7.1988 and 3.1.1992 Ex. In the first sale deed dated 11.7.1988 an extent of 80 x 50 was sold and in the second sale deed dated 3.1.1992, 22 x 76 was sold. Therefore, appellants plaintiffs filed a suit for declaration that they are the absolute owners of A schedule property and for possession of the B schedule property in the companyrt of Addl. Grievance of the appellants plaintiffs is that towards the numberthern side of A schedule property, the respondents encroached upon 80 x 21/2 which is described as B schedule property in the suit, despite protest from the appellants plaintiffs. In the year 1992, first respondent defendant sold the property purchased from the appellants plaintiffs to second and third defendants who companystructed a house on the same alongwith a companypound wall. 11 and 14 to defendant number1 under two sale deeds. Appellants plaintiffs are the owners of the revenue land bearing Survey No.1/1 of Chikmagalur village which was companyverted for number agricultural purpose under the order dated 2.4.1987 of the Deputy Commissioner, Chikmagalur. From the evidence of DW 1 President and Councilor of the Municipality and DW 4, Assistant Commissioner, companyrts below recorded findings that the A schedule property is still in the name of the plaintiffs and that there was numberacquisition and payment of companypensation made to the first plaintiff in respect of the disputed property. In its judgment in paragraphs 11 to 13, the first appellate companyrt elaborately discussed the above sale deeds and pointed out discrepancies in the boundaries of the property between the earlier sale deeds and Ex. 12 and 13 and portions of site Nos. Being aggrieved, the defendants filed appeal before the first appellate companyrt Fast Track Court, Chikmagalur. Dias was acquired and road was formed therein. Respondents defendants filed written statement admitting that layout was formed out of the above Survey No. Upon companysideration of oral and documentary evidence, trial companyrt as well as the first appellate companyrt have recorded companycurrent findings of fact to the effect that the plaintiffs have earmarked the land on the southern side intended for road and numberroad was formed and land of one Advocate V.B.K. Inspite of repeated demands, the respondents have number handed over vacant possession of the encroached property. However, the City Development Authority did number approve the same and hence numberroad was formed. No.297/2007, wherein the High Court allowed the appeal in part, modifying the companycurrent judgment and decree passed by the companyrts below and holding that the appellants plaintiffs are entitled to companypensation for the space earmarked for road as and when the companypetent authority acquires the same. D 16 Ex. Civil Judge Jr. Divn. This appeal arises out of the judgment dated 27.9.2012 passed by the High Court of Karnataka in R.S.A. BANUMATHI, J.
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2015_4.txt
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the day La Fin purportedly refused to honour its obligation under the Letter of Undertaking. 16521 of 2019 is admitted. Pushpa Shah respectively, both of whom are shareholders of La Fin Financial Services Pvt. Pursuant to this agreement, La Fin, as a group companypany of MCX, issued a Letter of Undertaking to ILFS on 20 th August, 2009 hereinafter referred to as the Letter of Undertaking stating that La Fin or its appointed numberinees would offer to purchase from ILFS the shares of MCX SX after a period of one year, but before a period of three years, from the date of investment. On 16th August, 2012, La Fin replied that it was under numberlegal or companytractual obligation to buy the aforesaid shares. On 3rd November, 2015, a statutory numberice under Section 433 and 434 of the Companies Act, 1956 was issued by ILFS to La Fin, referring to the attachment by the EOW, and stating that La Fin was obviously in numberfinancial position to pay the sum of INR 232,50,00,000/ which, according to ILFS, was owing to them as of 31st October, 2015. On 21st October, 2016, a winding up petition hereinafter referred to as the Winding up Petition was then filed by ILFS against La Fin in the Bombay High Court under Section 433 e of the Companies Act, 1956. Ltd. hereinafter La Fin assailing the order of the National Company Law Tribunal, Mumbai Bench hereinafter referred to as the NCLT admitting a winding up petition that was filed by ILFS Financial Services Ltd. hereinafter referred to as ILFS against La Fin before the High Court of Judicature at Bombay hereinafter referred to as the Bombay High Court , which was transferred to the NCLT and then heard as a Section 7 application under the Insolvency and Bankruptcy Code, 2016 hereinafter referred to the the Code . ILFS, therefore, by its letter dated 3 rd August, 2012, exercised its option to sell its entire holding of shares in MCX SX, and called upon La Fin to purchase these shares in accordance with the Letter of Undertaking. P. C No.455 of 2019 Civil Appeal Diary No.16521 of 2019 Delay is companydoned. Writ Petition Civil No.455 of 2019 and Civil Appeal Diary No. The brief facts necessary to appreciate the narrow companytroversy that arises in Writ Petition Civil No.455 of 2019 and its companynected matters are as follows On 20th August, 2009, a share purchase agreement was executed between Multi Commodity Exchange India Limited hereinafter referred to as MCX , MCX Stock Exchange Limited hereinafter referred to as MCX SX and ILFS, whereby ILFS agreed to purchase 442 lakh equity shares of MCX SX from MCX. 16521 of 2019 have been filed by Shri Jignesh Shah and Smt. On 28th August, 2018, the said Winding up Petition was admitted by the NCLT as an application under Section 7 of the Code, stating on a reading of the share purchase agreement and the Letter of Undertaking that a financial debt had, in fact, been incurred by La Fin. This writ petition is accordingly de tagged from Writ Petition Civil No.455 of 2019. Thereafter, companyrespondence between the parties companytinued, until finally, on 19th June, 2013, ILFS filed a Suit No.449 of 2013 in the Bombay High Court for specific performance of the Letter of Undertaking by La Fin or, in the alternative, for damages. 16521 of 2019 was also filed against the NCLAT order under Section 62 of the Code. The reply went on to state that La Fin was otherwise companymercially sound and that the statutory numberice issued under Sections 433 and 434 of the Companies Act, 1956 was only a pressure tactic. On 13th October, 2014, a learned Single Judge of the Bombay High Court passed an injunction order restraining La Fin from alienating its assets pending disposal of the suit, subject to attachments of La Fins properties that had been made by the Economic Offences Wing of the Mumbai Police hereinafter referred to as the EOW during the pendency of the suit. Writ Petition Civil No.455 of 2019 was then filed in this Court on 4 th April, 2019 challenging the companystitutionality of certain provisions of the Code, as well as the NCLT and NCLAT orders, after which the Civil Appeal Diary No. On 18th November, 2015, a reply was promptly given by La Fin to the aforesaid numberice referring to the pending suit, and stoutly disputing the fact that any amount was due and payable. Signature Not Verified The issues involved in Writ Petition Civil No.645 of 2019 are Digitally signed by R NATARAJAN entirely different from the Writ Petition Civil No.455 of 2019 and its Date 2019.09.25 170750 IST Reason other companynected matters. F. Nariman, J. P. C No.645 OF 2019 1. The statutory form under these Rules, namely, Form 1 was filled up by ILFS indicating that the date of default was 19 th August, 2012. The Code came into force on 1st December, 2016, and as a result, as per the Insolvency and Bankruptcy Application to Adjudicating Authority Rules, 2016, the Winding up Petition was transferred to the NCLT as a Section 7 application under the Code. The National Company Law Appellate Tribunal hereinafter referred to as the NCLAT by an order dated 21 st January, 2019 dismissed the appeal filed by Shri Jignesh Shah against the aforesaid admission order, agreeing with the NCLT that the aforesaid transaction would fall within the meaning of financial debt under the Code, and that the bar of limitation would number be attracted as the Winding up Petition was filed within three years of the date on which the Code came into force, viz.,
1 st December, 2016. On facts, this period of three years expired in August, 2012. Civil Appeal Diary No. A Writ Petition was filed by Smt. Pushpa Shah against these orders in the Bombay High Court, challenging certain provisions of the Code, with which we are number directly companycerned. It is important to numbere that the cause of action for the suit as stated in the plaint arose on 16th August, 2012, i.e. The Registry is directed to list this writ petition separately. An appeal against this order was dismissed by a Division Bench of the Bombay High Court on 11th September, 2015.
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2019_1022.txt
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According to the respondent, his promotion as Assistant Sub Inspector was made by an order passed by Deputy Inspector General of Police, Ferozepur. The punishment order was challenged primarily on the ground that the respondents promotion as Sub Inspector of Police was made by the order of Deputy Inspector General, and hence, the Senior Superintendent of Police had numberauthority to pass any punishment order against him. P1 the trial companyrt accepted the respondents companytention that he was promoted as Assistant Sub Inspector by an order of the Deputy Inspector General and the Senior Superintendent, therefore, had numberauthority to pass an order of punishment against him. Sub Inspector by an order passed by the Deputy Inspector General the respondent produced before the companyrt the photocopy of an order, dated 1.4.1990 which was issued under the signature of the Deputy Inspector General, Ferozpur and which was marked as Ext. Against the order passed by the Senior Superintendent of Police, the respondent preferred a departmental appeal. The respondent joined the Punjab Police as a companystable and on 1.4.1999 he was promoted to the rank of Assistant Sub Inspector. 212 in the Court of Civil Judge, Junior Division, Ferozepur seeking a declaration that the punishment order passed by the Senior Superintendent of Police and companyfirmed subject to reduction by the Deputy Inspector General of Police, was illegal, inoperative, null and void. The Deputy Inspector General of Police, Ferozepur by order, dated 5.7.1995 dismissed the appeal subject to reducing the period of withholding the annual increments from five years to two years. In the departmental enquiry the charge against the respondent was established and on the basis of the enquiry report the Senior Superintendent of Police, Ferozepur passed the order, dated 28.2.1995 giving the respondent the punishment of with holding five annual increments with cumulative effect with the further direction for recovery of half of the companyt of the stolen amount of petrol at the price prevailing at the relevant time. The order of the Senior Superintendent of Police, dated 28.2.1995 was, therefore, without any authority or companypetence. In 1993, the respondent was subjected to a departmental proceeding on the charge that as in charge, of the escort of the Deputy Commissioner Ferozepur, he, in league with LC Latwinder Singh, driver, stole 3339 liters of petrol by making wrong entries in the log book. The other ground on which the punishment order was challenged was that companyies of certain documents as asked for by the respondents were number supplied to him in the companyrse of the departmental enquiry. Against the judgment and decree passed by the trial companyrt the state preferred an appeal Civil Appeal number277 before the District Judge, Ferozepur. The trial companyrt also accepted the respondents case that the departmental enquiry was vitiated because documents asked for by the respondent were number supplied to him and, therefore, the enquiry companyld number form the basis for the punishment order. He further sought companysequential direction for release of his annual increments with interest at the rate of 18 per annum, and a permanent injunction restraining the defendant authorities from making recovery of 50 of the price of stolen petrol. In support of the plea that he was promoted as Asst. As a result, the companycurrent judgments and decrees passed by the trial companyrt and the first appellate companyrt in favour of the plaintiff respondent were upheld. The District Judge accepted the findings arrived at by the trial companyrt and dismissed the appeal by judgment dated 2.6.1999. CIVIL APPEAL NO.8156 OF 2001 AFTAB ALAM,J. On the basis of Ext. It accordingly decreed the suit by judgment and order dated 2.9.97. The respondent then took the matter to the companyrt and filed civil suit No. This appeal is directed against the order dated 3.2.2001 passed by a Learned Single Judge of the Punjab and Haryana High Court, dismissing in limine the second appeal filed on behalf of the State of Punjab the Appellant . The second appeal RSA No. 4641 of 1999 preferred by the State was dismissed by the High Court as numbered above.
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2008_320.txt
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It is stated by the learned Senior Counsel for respondent number1 that the first respondents Bank Account was freezed by the appellants herein on 30.7.2005. It appears that the first respondent, between 15.10.2005 and 29.10.2005, has withdrawn a sum of Rs.49,09,712/ leaving a balance of Rs.75,043.25. A sum of Rs.49,86,755.25 was seized by the appellants herein, which was in credit in the Bank Account of the first respondent with the second respondent. Consequently, the High Court has directed the second respondent Bank to release the account of respondent number1 and permit operation thereof. Heard Mr. Mohan Parasaran, learned Additional Solicitor General for the appellant Union of India and Mr. Arun Jaitely, learned Senior Counsel for respondent No.1. The High Court passed the judgment in favour of respondent No.1 on 14.10.2005. arising out of SLP C No.23168/2005 Dr. AR . The appeal was filed by the Union of India through its Secretary, Ministry of Finance and the Director of Revenue Intelligence and two others questioning the companyrectness of the judgment passed by the High Court dated 14.10.2005. The High Court while allowing the writ petition filed by respondent number1 held that the action of the appellants herein in preventing respondent number1 from operating its account was bad in law and the appellants companyld number have issued any direction under section 110 3 read with section 113 i and section 121 of the Customs Act, 1962. In this appeal, several grounds have been raised by the Union of India questioning the legality and companyrectness of the orders passed by the High Court. This Court on 11.11.2005 granted interim stay till the matter is listed on due date. The appellant filed the special leave petition before this Court only on 28.10.2005. In view of the subsequent developments, we are number going into the questions of law raised and the merits in this appeal at this stage. Lakshmanan, J. Leave granted.
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2006_417.txt
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The inquiry officer relied upon the admission of the Respondent that though there was a signal by the inspecting team to stop the vehicle at Bidouli, he stopped the vehicle only after driving for two kilometres. It was held that the Respondent was duty bound to stop the vehicle when a signal was given by the inspecting team. The inquiry officer further held that the Respondent companyluded with the companyductor and did number stop the vehicle as there were a number of ticketless passengers in the bus. 163636 IST Reason On 27th October, 1995 while driving a vehicle on Karnal Haridwar route, the Respondent did number stop the vehicle when the inspection team signalled. The explanation given by the Respondent that he drove the vehicle due to a call given by the companyductor was number accepted by the inquiry officer. The Respondent submitted his explanation after which an inquiry was companyducted by the Assistant Regional Manager, Haridwar. The writ petition filed by the Respondent challenging the award of the labour companyrt was allowed by the High Court and the labour companyrt was directed to reconsider the matter. The Respondent challenged the award of the labour companyrt by filing a writ petition in the High Court of Uttarakhand at Nainital. After remand, the labour companyrt by an award dated 12th September, 2011 upheld the order of dismissal of the Respondent from service. The disciplinary authority issued a show cause numberice on 26th December, 1996 along with which the inquiry report was supplied to the Respondent. After companysidering the material on record, the inquiry officer found that the charges against the Respondent were proved. The Respondent was placed under suspension on 31st October, 1995 and disciplinary proceedings were initiated by issuance of a charge sheet on 3rd November, 1995. A reference was made to the labour companyrt which was answered in favour of the Respondent on 15 th November, 2007. Not satisfied with the explanation submitted by the Respondent to the show cause numberice, the disciplinary authority dismissed him from service by an order dated 23rd April, 1997. On verification, it was found that 61 passengers were travelling without a ticket. v. B. Karunakar Ors.1 allowed the writ petition and set aside the dismissal order. The Respondent was appointed as a driver with the Signature Not Verified Digitally signed by ASHWANI KUMAR Date 2017.11.10 Appellants Road Transport Corporation in the year 1989. This Appeal is filed by the employer against the judgment of the High Court by which the order of dismissal of the Respondent driver from service was set aside by the High Court. The High Court while relying upon a judgment of this Court in Managing Director ECIL Hyderabad Ors. The appellate authority dismissed the appeal filed by the Respondent on 25th July, 2000. NAGESWARA RAO, J. Leave granted.
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2017_708.txt
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13525 38 of 1990 . 5439 52/90 arising out of SLP Civil Nos. Under Article 139 A 1 of the Constitution of India Salman Khurshid, Madhan Panikkar, Mrs. Vimla Sinha and Gopal Singh for the Appellant. The above case has been regis tered in pursuance of our order dated 23.11.90 in Transfer Petition Civil No.546/90 transferring O.A.No.191 of 1990 under Article 139 A of the Constitution of India from the file of the Central Administrative Tribunal, Patna Bench, Patna. Kapil Sibal and Arun Jaitley, Additional Solicitor Generals, Ms. Kamini Jaiswal and C.V.S. Rao for the Respond ents. 36/90 granted an interim relief which reads thus Heard the learned companynsel for the applicant. the appellants prayer is to dispose of the above case along with Civil Appeal Nos. The Judgment of the Court was delivered by RATNAVEL PANDIAN, J. CIVIL APPELLATE JURISDICTION Transferred Case No. 2 of 1991.
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1991_585.txt
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for M s. J.B.D. Co., Advs. for the appellant N. Mishra, Adv. O R D E R The following Judgment of the Court was delivered Leave granted. When an appeal was carried to the Division Bench of the High Court against the said order, it was companytended on behalf of the respondents that the appeal was number maintainable in view of sub sec. We have heard learned companynsel for the parties. for the Respondents.
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1997_1055.txt
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Leave granted.
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2010_303.txt
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