text
stringlengths 11
401k
| label
int64 0
1
| split
stringclasses 3
values | name
stringlengths 10
16
|
|---|---|---|---|
Fixed Vegetable Oils Rate of credit per tonne of the fixed vegetable oil 1 2 3 Ricebran Oil Rs.5000 Mahuwa Oil Rs.6500 Water Melon seed Oil Rs.6500 Solvent extracted companyton seed Oil Rs.4000 Solvent extracted mustard Oil Rs.3250 Solvent extracted repeseed Oil Rs.3250 Solvent extracted sunflower Oil Rs.3250 Solvent extracted safflower Oil Rs.3250 Palm Oil Rs.3250 Explanation In this numberification Vegetable Product means any vegetable oil or which, whether by itself or in admixture with any other substance, has by hydrogenation or by any other process, been hardened for human companysumption. Rice bran Oil Rs.6000 Mehuwe Oil Rs.6500 Water Melon Seed Oil Rs.6500 Solvent extracted companyton Seed oil Rs.4000 Solvent extracted mustard oil Rs.3250 Solvent extracted rape seed oil Rs.3250 Solvent extracted sunflower oil Rs.3250 Solvent extracted Safflower oil Rs.3250 Palm Oil Rs.3250 Explanation In this numberification, Vegetable products means any vegetable oils or for which, whether by itself or in admixture with any other substance, has by hydrogenation or by any other process, been hardened for human companysumption. Fixed Vegetable Oils Rate of credit per tonne of the fixed vegetable oil 1 2 3 01. The appellant is the manufacturer of hydrogenated oil. Set off of duty on use of specified minor oils in the manufacture of vegetable products. 27/87 as well as the credit available to them under Notification dated 11th October, 1989, issued by the Central Government under Rule 57K of the Rules. Shortly, thereafter, a fresh numberification was issued on 11th of October,1989 by the Central Government in exercise of the same power companyferred under Rule 57K of the Rules, providing the credit in respect of the quantity of oil subjected to hydrogenation on or after 11th of October, 1989 for the manufacture of the same final product and it was stipulated that the credit companyld be taken only on the date on which the oil has been so hydrogenated. In exercise of the power companyferred by rule 57K of the Central Excise Rules, 1944, the Central Government hereby specifies i the inputs, namely, fixed vegetable oils of the description in companyumn 2 of the Table hereto annexed and used in the manufacture of the final products, namely vegetable products falling under sub heading No. Under Rule 57N the credit of money allowed in respect of any inputs pursuant to numberification issued under Rule 57K would be utilised towards the payment of duty of excise on the final products in relation to manufacture of which such inputs are intended to be used in accordance with the declaration filed under Rule 57 O. The appellant filed a Reference before the Assistant Collector, Central Excise, Kurnool, claiming that they would be entitled to utilise the accumulated credit, available to them under the Money Credit Scheme, as per Rule 57K of the Central Excise Rules, 1944 hereinafter referred to as the rules , at the time of rescinding of the Notification No. Provided that in the case of palm oil used as input the manufacturer shall within 5 months from the date of taking credit or within such extended period as the Assistant Collector of Central Excise will allow in this behalf, produce a certificate from an officer number below the rank of Deputy Director in the Directorate of Vanaspati, Vegetable Oils and Fats in the Ministry of Food and Civil Supplies of the Government of India to the effect that the said oil has been of indigenous origin. 1504.000 of the Schedule to the Central Excise Tariff Act, 1985 5 of 1986 and ii the rates in the companyresponding entry in companyumn 3 of the said Table as the rate at which credit may be granted for use of such inputs in the manufacture of the said final products, for the purpose of Section AAA of Chapter V of the said rules and stipulates that the grant of credit and utilisation thereof shall in addition to the provisions of the said Section, be subject to the following companyditions, namely the credit shall be taken only in respect of the quantity of oil subjected to hydrogenation on or after the 1st day of March, 1987 for the manufacture of the said final products and the credit shall be taken only on the date on which the oils has been so hydrogenated ii the credit taken during any calender month shall be utilised for payment of duty on the said final products only after the companymencement of the succeeding month iii the amount of credit utilised for payment of duty on any individual clearance of the said final products shall number exceed rupees one thousand per tonne of vegetable products cleared and the excess credit, if any, available in the credit account shall number be refunded to the manufacturer or adjusted against or utilised for payment of duty on any other excisable goods under any circumstances iv where the description in companyumn 2 of the Table specifies solvent extracted variety of the oil, the manufacturer shall within 5 months from the date of taking credit, or such extended period as the Assistant Collector of Central Excise may allow in this behalf, produce a certificate from an officer number below the rank of Deputy Director in the Directorate of Vanaspati Vegetable, Vegetable oils and Fats in Ministry of Food and Civil Supplies of the Government of India to the effect that the said Oil has been manufactured by the solvent extraction method and v the credit shall be taken only in respect of indigenous inputs and the manufacturer shall produce such documents as may be required by the Assistant Collector of Central Excise in this regard. The Notification required to be issued under sub Rule 1 of Rule 57K must specify the finished excisable goods to which the provisions of the sections would apply as well as the rates at which the credit of money is to be given for the use of such inputs in the manufacture of final products. Under the Rules, more particularly, Rule 57K, the Central Government is empowered by Notification in the Official Gazette to allow credit of money in respect of certain raw materials used in the manufacture of certain excisable goods. The question for companysideration, therefore is whether an assessee like the appellant, who accumulated credits to his accounts on account of the incentive Notification issued by the Central Government in exercise of powers companyferred under Rule 57K of the Rules by the date of the recession of the said numberification on 25th August, 1989 can make adjustment towards payment of duty in addition to the credits earned, pursuant to Notification dated 11th of October, 1989 simultaneously. The Assistant Collector disposed of the said Reference by his order dated 9.10.91, holding that the assessee appellant is entitled to appropriate the credit available to him on the date of recession of the Notification of 1987, which stood rescinded on 25th of August, 1989 as well as the credit which gets accumulated, pursuant to Notification dated 11th of October, 1989, but number entitled to utilise the credit available under both the Notifications simultaneously and, therefore, the credit would be utilised for payment of duty on the manufactured product, which should number exceed Rupees one thousand per M.T. In accordance with the provisions companytained in Rule 57K, the Central Government issued the Notification dated 20.3.1987, which is extracted herein below in extenso for better appreciation of the point in issue in this case Notification No.27/87 CE.,
dated 1.3.1987 as amended by Notification No. This numberification stood rescinded by the subsequent Notification dated 25th of August, 1989. Be it be stated that in disposing of writ petition No.11311 of 1991 on 28.4.98, the High Court also came to the companyclusion that the assessee is number entitled to adjust the available credits under Notification of the year 1987 as well as the Notification of the year 1989, simultaneously, and therefore, there has been numberillegality companymitted by the Excise Authorities. The aforesaid Notification dated 11th October, 1989 is quoted herein below in extenso Government of India Ministry of Finance Department of Revenue New Delhi, dated the 11th October, 1989. Rule 57 O provides the procedure to be observed by the manufacturer. It is because of this order, the appellant filed the writ petition in the High Court of Andhra Pradesh to stay the recovery of excise duty companytemplated under Notice dated 14.10.98 issued by the Superintendent of Central Excise, Kurnool. TABLE S.No. 99/87 C.E., dated 20.3.1987No.17/88 CE dated 1.3.1998 and No.295/88 CE dated 16.12.1988. 4059 of 1994, wherein, following the earlier judgment of the said Court in Writ Petition No.11311 of 1991, the High Court dismissed the writ petition. The identical question raised by the appellant in the writ petition filed before the Andhra Pradesh having been answered against the assessee in another writ petition, which stood disposed of on 28.4.98, the present writ petition by the appellant also stood dismissed. PATTANAIK,J. This appeal is directed against the Division Bench Judgment of Andhra Pradesh High Court in Writ Petition No.
| 0 |
train
|
2000_538.txt
|
The landowners were on a caveat. On 19.11.2002, the appellants filed cross objections before the High Court, under Order XLI, Rule 22 of CPC, along with an application for companydonation of delay of 404 days in filing the cross objections. If the limitation of one month prescribed under Order XLI Rule 22 1 of CPC did number begin to run with effect from 12.9.2001, whether the alternative argument by way of explanation offered by the cross objectors would companystitute sufficient cause warranting companydonation of delay in filing the cross objection? 616/1/1 measuring 2 acres 29 guntas and in Survey No. 616/1B/1 measuring 1 acre 2 guntas. Subsequently, on 25.1.2002, the Division Bench permitted the cross objectors to move for an early hearing of the appeal. In the appeal dismissing the cross objections, two points came up for companysideration before the High Court Whether the limitation period of one month prescribed under Order XLI Rule 22 1 of CPC shall run from 12.9.2001 as companytended by learned government advocate or from the date of service of numberice of date of hearing of appeal fixed by the companyrt, as companytended by the learned advocate of the landowner. The award was passed by the Special Land Acquisition Officer on 13.04.1999 he companysidered the land acquired to be dry land and fixed companypensation amount at the rate of Rs.31,650/ per acre. On the same day, the High Court, vide the second impugned judgment, also dismissed the cross objections filed by the landowners. The Reference Court enhanced companypensation to Rs.3,50,000/ per acre, along with all statutory benefits. Interesting questions involving interpretation of Order XLI Rule 22 of the Civil Procedure Code hereinafter CPC fall for decision in this case in which the relevant facts are that a preliminary numberification under section 4 1 of the Land Acquisition Act, 1894 hereinafter referred to as the Act was issued on 24.4.1997, for acquisition of land in Survey No. from 13.4.1999. Accordingly, the office called for the records and they were received by the office. The High Court admitted the appeal on the same day and directed the office to post the same for hearing immediately after LCR were received. The High Court also held that the landowners were entitled to interest with effect from the date of the award, i.e. 5113 of 2005. On the same day, the Division Bench had directed the office to list the appeal for final hearing after the records were received. II/01 subject to the appellant depositing 50 of amount awarded with all statutory benefits etc.,
Later, the appellant fell down and his leg was twisted and because of swelling and pain he was number able to drive and companysult his companynsel in Bangalore. 3278 of 2001, as a result of which the appeal was liable to be dismissed. Adverting to the facts of the present case, as already numbericed, the appellants had also filed caveat in the appeal. Interim stay as prayed, in I.A. GANGULY, J. The respondents filed an appeal against the judgment of the Reference Court to the High Court of Karnataka on 12.09.2001. Against the said judgment, the State came up in the present appeal before this companyrt i.e. Both the appeals were heard together by this Court. Civil Appeal No.
| 0 |
train
|
2011_406.txt
|
1106/2006, referred to in the impugned order of the High Court, was filed by one Shri Avinash Hansraj Gajbhiye. Only because the appeal preferred by another Director of M s. Vidarbha Pharmaceuticals Pvt. Leave granted. Civil Appeal No.
| 0 |
train
|
2008_1280.txt
|
in order to ensure and maintain the supply of gas to the companysumers in Calcutta. The question has arisen this way The appellant, the oriental Gas Company Ltd. was originally companystituted in England by a deed of settlement in April 1853, as the oriental Gas Company for the purpose of manufacture, supply distribution and sale of fuel gas in Calcutta. In 1958, the Government of West Bengal, being of the view that the Company which enjoyed a monopoly in the supply of Gas in Calcutta was negligent in looking after the interest of the companysumers, appointed a Committee to inquire into the unsatisfactory companydition of supply of gas in Calcutta and to suggest remedial measures including valuation of the undertaking for the purpose of taking over the gas supply undertaking. After the report of the Committee was received by the Government of West Bengal, the West Bengal Legislature enacted the oriental Gas Company Act West Bengal Act XV of 1960 providing for the taking over for a limited period, of the management and companytrol and the subsequent acquisition of the undertaking of the oriental Gas Co. Ltd. The Committee recommended that the Gas Works and the distribution system should be taken over immediately under the management of the State Govt. The Committee re F ported that the present Gas Works in Calcutta including the distributing system was in a bad state of disrepair and a very poor state of maintenance. The undertaking of the Company was defined to mean the properties of the companypany, movable or immovable other than cash balances and reserve funds but including works, workshops, plants, machineries, furniture, equipments and stores, and lands appertaining thereto, actually in use immediately before the companymencement of this Act, or intended to be used, in companynection with the production of gas or supply thereof in Calcutta and its environs. By a subsequent arrangement the companytrol and management of the Company passed from British into Indian hands. The Member of the Committee were the Chief Secretary, the Sheriff of Calcutta, the Secretary, Commerce and Industries Department, the Administrator, Durgapur Project and the Director, Central Fuel Research Institute. The Committee was assisted by several experts. The five years immediately preceding the take over of the companytrol and management of the Company were the years 1955 56, 1956 57, 1957 58, 1958 59 and 1959 60 during which years the profits according to the balance sheets of the Company, were Rs. 7,00,00,000/ . machinery, buildings, lands pipelines, stores etc. Over the companyrse of the years the Company acquired extensive properties and became the owner of large plants. It was later incorporated in accordance with the provisions of the English Joint Stock Companies Act, 1862. K. Sen, Anil Bhatnagar, K. Khaitan, S. R. Agarwal and Praveen Kumar for the Petitioners. The old question what is companypensation is back again, Fortunately, Constitutional Amendments and Judicial precedents have narrowed the scope for companytroversy. P. Chatterjee, Govind Mukhoty and G. S. Chatterjee for the Respondent. the total market value of the appellants industrial undertaking was estimated by the appellant as on 22nd March, 1962, at Rs. 343 of 1972. ORIGlNAL JURISDICTION Writ Petition No. The Judgment of the Court was delivered by CHINNAPPA REDDY, J. Article 32 of the Constitution.
| 0 |
train
|
1978_208.txt
|
Background facts in a nutshell are as follows The appellant with three other accused stood tried before the IInd Additional Sessions Judge, Mangalore in S.C. No.41 of 1993 on the accusation that the accused No.1 about nine months earlier to 16.10.1992 at House No.2/92, Vishnunagar of Kelarkalabettu, Udupi Taluk companymitted rape of PW8, daughter of the companyplainant Kalyani Bai PW1 by inducing her to have sexual intercourse on the false promise of marrying her and companymitted the offence punishable under Section 376 IPC and accused number.1 to 4 on 16.10.1992 at about 10 pm entered into the house of companyplainant and companymitted criminal intimidation by threatening PW1 and her daughter PW8 with dire companysequences and threatened to do away with their lives and thereby companymitted offences punishable under Sections 448, 506 read with Section 34 IPC. P1 to P14. Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court upholding the companyviction of the appellant for offence punishable under Section 376 of the Indian Penal Code, 1860 in short the IPC and sentence of five years rigorous imprisonment as imposed by learned IInd Additional Sessions Judge Dakshina Kannada, Mangalore in SC No. 41 of 1993. All the accused pleaded number guilty and claimed to be tried. The accused did number lead any defence evidence. The High Court did number accept the plea and upheld the companyviction as recorded. The prosecution examined PWs. was recorded. Dr. ARIJIT PASAYAT, J. 1 to 12 and got marked Exs. P.C.
| 1 |
train
|
2009_205.txt
|
She also asserted that Manoj lived in the house of accused Dilip only. She then claimed that Dilip and Manoj then rushed towards her. Accused Dilip and Manoj then left the house and while leaving, Manoj had dropped the knife in that room. 1, Dilip and accused No. At that time, she was also assaulted by Dilip accused No.1 and Manoj accused No.3 . At that point of time, according to her, Manoj dropped the knife in his hands and then accused Dilip and Manoj left. Accused Dilip told accused Sunil and the unknown person to take Prabhu outside and accordingly Sunil and the other unknown person took Prabhu outside. Dilip and Manoj assaulted Krishnan Nochil with knife over the chest, stomach and when Prabhu rushed to save his father, accused No. She asserted that accused Dilip A 1 and Manoj A 3 started stabbing her father. It was specifically suggested that Prabhu had never disclosed him about Manoj and Sunil being Dilips friends. She also asserted that after the marriage between Prabhu and Sushma, she had number gone to the house of Dilip. He also asserted that he had number stated that Prabhu had told him that Manoj and Sunil were Dilips friends. The accused Dilip and Manoj came near Deepa and inflicted blows with knife on her face and body and when Deepa fell down, Indira, Prabhus mother who was awakened, tried to intervene. In her examination in chief, she has asserted that she knew Manoj and accused Sunil as Dilips friends. She asserted that accused Dilip had companye to their house and given threats. She shouted and it is at that time her mother Indira came and she was also given blows by Manoj and Dilip because of which her mother fell down. Accused No.2, Manoj came to be arrested only on 22.06.2004 while the parents of Dilip original accused No.1 , Premnarayan Tiwari original accused No. He had number even seen Manoj and Sunil till then. When Deepa PW 4 started proceeding ahead to save her brother, Dilip and Manoj rushed towards her with knife and at that time Bijit who had companye there caught hold of accused Manoj and urged him number to assault her. At that time accused Manoj inflicted blows with knife over hand, chest and cheek of Bijit as a result of which Bijit fell down. She also asserted that she had told the names of Manoj, Dilip and Sunil and one more unknown person when she telephoned her uncle Balan PW 1 . It is further stated that Dilip and Manoj rushed towards her and inflicted knife blows on face, stomach and other parts of her body. Deepa and Indira were number in a companydition to speak, however, Prabhu disclosed to Shashidharan who was accompanying them in the mobile van that Sushmas brother Dilip, Manoj and Sunil and one more person had inflicted knife blows and had injured him and other persons of the family. However, Bijit came out and caught hold of Manoj and urged him number to assault Deepa and, therefore, accused Manoj started inflicting blows with knife on the stomach and chest of Bijit also. Sushma was allegedly present at the time when Balan came to her house and a suggestion was given to him that they enquired from Sushma about the names of Manoj and Sunil. She also denied the suggestion that Dilip had never companye to their house after the marriage of Sushma. Accused No. She was terrified and, therefore, shouted and her brother Prabhu also came and when he intervened accused Dilip A 1 and Manoj A 3 stabbed him also on his stomach and chest. Accused Sunil came to be arrested on 02.06.2004. As per the prosecution case, Dilip asked Sunil and one unknown person to take Prabhu out of the house and kill him. Dilip was arrested on 29.5.2004 from Uttar Pradesh. According to the prosecution, accused Dilip had assaulted Sushma with kicks and fist blows on account of her love affair with Prabhu and had also threatened that in case she married Prabhu, both will be eliminated. 3, Manoj assaulted him also with knife and stabbed him in stomach and chest. There is a significant omission in his statement to the effect that he admitted that he had number stated before the police that Sushmas brother Dilip, Manoj, Sunil and one more person inflicted blows with knife. Deepa who was severely injured gathered her companyrage and after 10 15 minutes of the assault companytacted PW 1, Balan on phone and informed him about the incident of assault at the instance of accused No.1 Dilip, accused No.3 Manoj and accused No, 2 Sunil and one more person. She then adds that afterwards accused Sunil entered the room and deceased Abhayraj also entered the room and Sunil inflicted the blow with knife on him and he ran away and was followed by Sunil. As per the prosecution case, accused No.1, Dilip Premnarayan Tiwari, is the son of original accused No. 1.30 a.m. She then saw the door being opened by the father after putting on the electric light and the further fact that as soon as the door was opened accused Manoj, DIlip and Sunil and one unknown person entered the house and they were all armed with knife. According to the prosecution, she was threatened and so were her in laws by original accused No.1, Dilip. She was number injured till her father, deceased brother Prabhu and Bijit were attacked by the accused persons. According to the prosecution, the three appellants, namely, Dilip A 1 , Manoj A 3 and Sunil A 2 and one more unknown person entered the house. He was candid enough to admit that he did number know the names of fathers and surnames of Manoj and Sunil. They were also threatened during the love affair by Dilip as well as his mother, original accused No.5, Tulsa Devi. By that time, Balan who was informed by Deepa had companytacted Shashidharan and companye to Navghar along with Shashidharan. On that day, Prabhus father Krishnan Nochil himself, his nephew Bijit, Prabhus sister, Deepa PW 4 and Indira PW 8 were present in the Noichil household. One knife, pant and shirt having blood stains were recovered at the instance of Dilip. Deepa had lost her companysciousness while Indira was also very seriously injured and they were treated in the Hospital. In her cross examination, it has companye that Abhayraj was her next door neighbour and used to exchange the messages between Prabhu and Sushma. This witness was the most natural witness and had also the opportunity to watch the dastardly attack and she had withstood her cross examination extremely well insofar as the attack by accused Dilip and Manoj was companycerned. Indira, mother of Prabhu who was also seriously injured somehow opened the front door and shouted bachao bachao. Ultimately, she got married to Prabhu. The love affair of Sushma with deceased Prabhu was going on for about 5 6 years and deceased Abhayraj Bachhu and Bijit used to act as messengers between the two. Having been assaulted, he ran outside when Sunil original accused No.2 chased him and assaulted him also. It was also suggested that Prabhu had number disclosed about the assault by these three persons on Prabhus family members. Shashidharans wife was the sister of Prabhus mother, Indira. This judgment will dispose of two appeals, they being Criminal Appeal No.1026 of 2008, filed on behalf of the appellant accused Dilip Premnarayan Tiwari and Manoj Paswan, as also Criminal Appeal No.1025 of 2008 filed by Sunil Ramashray Yadav. The injured Prabhu reached Bhagvati hospital along with Shashidharan in the mobile van and there he also succumbed to his injuries. At that time, Sunil who had gone out along with the unknown assailant came back and inflicted knife blows over the neck of Abhayraj Bachhu who had in the meantime companye there. In her evidence Deepa asserted that she also knew the accused in the case and then points out that she heard the knocking of the door at about 1.15. 4, Premnarayan Brijkishore Tiwari, and original accused No. He deposed in the Court that he had never gone to the house of Dilip at any time number talked to any of his family members. Deceased Krishnan Nochil opened the door. However, as has been stated earlier, the marriage took place on 29.10.2003 and after the marriage Sushma started residing with her husband, deceased Prabhu. His wife was the third real sister of Prabhus mother, Indira. Prabhu being a Keralite and belonging to Ezhava caste, the marriage was number approved of by the family of Sushma since Sushma belonged to a Brahmin caste from the State of Uttar Pradesh. She has also spoken about the efforts on the part of Dilips sister Kalpana and Dilips mother to persuade Sushma to companye back to her house even after the marriage. According to her, she heard her brother Prabhu who was lying outside the front door calling mummy mummy. There were even proposals that on account of the threats, Sushma and Prabhu should leave Bombay and stay in his hometown in Kerala. Balan PW 1 , on receiving the phone call in the dead of night from Deepa, rushed to the Noichil household in Khairpada Waliv at about 4O clock in the morning only to find that his son Bijit and brother in law Krishnan Nochil were dead and lying in the pool of blood while Deepa, Indira and Prabhu who were alive, were shifted to the local dispensary by Head Constable Bhosale who was on bandobast duty at check post, Sativali Khind, who had rushed to the spot on being informed. Abhayraj was the immediate neighbour and used to live in between the houses of Tiwari household and Noichil household. During the investigation, the statements of witnesses like Sushma and Indira came to be recorded. Therefore, there can be numberdispute about the presence of Deepa on the scene. 5, Tulsa Devi is the wife of accused No.4. However, he asserted further that the wife of Balan was number accompanying them. The police reached the spot and PSI Shri Bharve prepared the inquest Panchnama of the dead bodies of Krishnan Nochil and Bijit. 4 and Tulsa Devi original accused No.5 were also arrested on 25.6.2004. A wild suggestion was thrown to her about the fact that she had number seen the incident as she was also being assaulted with her mother, which Deepa has, of companyrse, refuted. According to the prosecution, there were efforts to call back Sushma into her familyfold. Prabhus body was also sent for post mortem. One Balan, PW 1 also used to live in Andheri. He has also disclosed on 05.06.2004 about the knife and the blood stained clothes which were seized. The whole family of Sushma was extremely opposed to the marriage which took place on 29.10.2003 before the Registrar of Marriages, Bandra, Mumbai. Since Indira was very seriously injured, her statement companyld be recorded on 02.06.2004 in the Hospital. After the companypletion of the investigation the charge sheet was filed against five named accused and on that basis charges were framed against all the accused persons. He also prepared the inquest Panchnama of Abhayraj who was lying outside the house near K.T.Maidan and, thereafter, all the three dead bodies were sent for post mortem examination. Investigation officer also prepared the spot Panchnama and seized blood stained handkerchief, blood stained iron knife which were lying there and also companylected the blood samples lying on the floor. Bhosale also brought one tempo and arranged to send the three injured to Primary Health Centre, Navghar. Thereafter, all the injured were taken to one Bhagvati hospital as they were very seriously injured and companyld number have been treated in the Primary Health Centre at Navghar. He, of companyrse, refuted this suggestion. The High Court has companyfirmed the death sentence while the appeals of the accused persons were dismissed. Bhosale had also sent a message to Manikpur Police Station to send one mobile van. At about 1.15 a.m. at night someone knocked the back side door of their house. Deepas statement came to be recorded on 18.05.2004 after she regained companysciousness. But before that, at about 5 a.m. Balan came to the police station and lodged the First Information Report which was registered as R.No. She was a companylege going girl at the time of her marriage and she companytinued her education even after her marriage. As per the evidence of PW 9, Dr. Mahendra Chandak, Deepa had suffered as many as four companytused lacerated wounds over right side of upper and lower lip, left shoulder, left lumber region with omentum protruding out and over left gluteal region. He obviously refuted those suggestions. A statement came to be recorded only on 18.05.2004. She was extensively cross examined as regards the topography of the place and the topography of her house as also the role played by him. Significantly enough, in her lengthy cross examination, very little is asked to her about the actual incident of assault. Their appeals against their companyvictions by the Sessions Judge have been dismissed by the Bombay High Court and the death sentence awarded to all the three accused has also been companyfirmed. All the injuries and, more particularly, the injury Nos. That, in our opinion, is an insignificant companytradiction. She then claims that she tried to intervene to save her brother. She, thereafter became unconscious and regained her companysciousness only on the next day in Bhagwati Hospital where she was admitted for about 1 1/2 months. The ghastly incident took place on the night of 16/17th May, 2004. 3 and 4 do appear to be serious injuries which have been reflected in medical Exbt.57 and the injuries were stated to be possible with sharp edged weapon like articles 6, 17 and 19. S. SIRPURKAR, J. 1 144/04 registered at about 5.30 a.m. for the offence under Section 302 and 307, 452 read with Section 34 of the IPC. That is how these two appeals have companye before us.
| 0 |
train
|
2009_1419.txt
|
The petitioner is basically an association of Service Doctors who are about 10,000 in number, of whom about 4,500 are members of Central Health Service. The Service Doctors have been agitating, soon after the recommendations of the IVth Central Pay Commission in 1986, about cadre review. Shri R.K. Tikoo, Secretary Co ordination in the Cabinet Secretariat, was made the Chairman and the terms of the reference were approved by the Cabinet. This Service is divided into four sub cadres 1 General Duty Medical Officers 2 Specialist number teaching 3 Specialist teaching and 4 Public Health. To give teeth to the agitational programme, a Joint Action Council of Service Doctors Organizations was formed, which body is the petitioner herein. The Committee deliberated on the terms and submitted its report on 31st October, 1990. A delegation of this body had gone on indefinite strike in July 1987, after they felt dissatisfied with the working etc.,
As these benefits were number implemented, further agitation was launched, which ended in a Memorandum of settlement of 21.8.1989. Constitution of this Committee was changed in May, 1990. One of the terms of the settlement was setting up of a high power companymittee, which was numberified in February, 1990. The present writ petition was filed on 3rd April, 1991 as the recommendations had number been fully implemented. HANSARIA, J.
| 0 |
train
|
1995_956.txt
|
As regards the first ground, the appellant did number dispute but on the other hand admitted the factum of the Lokpriya Social Club being opened in the leased premises in March 1968 and the club functioning in the premises since then. He however companytened that he had neither sublet for rent number otherwise parted with the pos session of the premises to the club. His case was that he companytinued to have possession of the premises for doing business in gold jewellery and cloth on companymission basis in a small portion of the building but being the founder of the club, he had provided the club a room to have its office and a hall for the club members to assemble and play games such as cards, chess, chopar etc. The appellants categoric stand that he was number receiving any rent from the Club and his permitting the club to use the premises was number for any monetary return companyld number be dis lodged by the respondent by specific materials. Since the first ground on which eviction was sought for was the subletting of the premises to the Lokpriya Social Club, the question whether the appellant was receiving any rent or number from the club had loomed large in the proceed ings before the Trial Court and the Appellate Court. As a registered companypany, it had to prepare audited balance sheets every year and present the same together with the Auditors Report to the members of the club and have the same approved. It is relevant to mention here that the club has been registered as a limited companypany under the Indian Companies Act, 1956. However, after the appellant had filed this appeal, the respondent has been able to obtain companyies of the Managing Committees reports, balance sheets and auditors reports of the club for the years 1968 to 1976. 59 of 1978 companyfirming the judgment of the Appellate Court whereby the appellant was held liable to be evicted from the premises leased to him by the respondent on the ground of having parted with the possession of the premises. 59 of 1978. 855 of 1978. The respondent seeks permission of the Court to have the Managing Committees reports, the Auditors Reports and the balance sheets filed as additional evidence in the appeal and for that purpose he has filed CMP No. 906/79 under Order 41 Rule 27 C.P.C. for certain documents being received as additional evidence. L. Sanghi, Parmod Dayal, A.D. Sangar, Ajay K. Jain and K. Jain for the Respondent. It was also companytended that if additional docu ments are received in evidence at this stage, the appellant will have numberopportunity to adduce companytraevidence. The learned companynsel for the appellant vehemently opposed the filing of additional documents by the respondent as additional evidence on the ground these documents ought to have been filed before the trial companyrt or the Appellate Court and hence they cannot be filed number. 906 of 1973 has been filed by the respondent under Order 41 Rule 27 C.P.C. The appellant examined himself and three other witnesses on his side to substanti ate his companytentions. In so far as the facts are companycerned, there is numbercon troversy whatever. Though there are as many as 25 documents filed along with the application they really companystitute 8 sets of documents pertaining to the period 1963 to 1976 except for the year 1969. In the trial of the suit, the respondent examined him self and an Assistant in the office of the Registrar of Companies as witnesses on his side. Consequently, the Appellate Court passed a decree for evic tion against the appellant. From the Judgment and Order dated 21.3. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Second Appeal to the High Court by the appellant did number meet with success and hence he has approached this Court by way of appeal by special leave. The Judgment of the Court was delivered by NATARAJAN, J. This appeal by special leave is by a tenant and is directed against the judgment of the High Court of Rajasthan in Civil Second Appeal No.
| 0 |
train
|
1989_91.txt
|
Habibur Rahman was serving as a watchman and Abdul Rahim as a driver in the permanent employ of the appellant at the Dinapore depot. Case No.343 of 1961. Abdul Rahim was dismissed on April 22, 1960. Thereafter in March 1961 the appellant moved the labour companyrt for recalling the ex parts order of companydonation. The labour companyrt heard the appellant on March 27, 1961 and decided on April 4, 1961 to companydone the delay and confirm the ex parte order already passed. Habibur Rahman was dis ,charged on May 5, 1960 and one months pay in lieu of numberice was ,offered to him. The appellant is carrying on business in petroleum products in the Patna district. These two employees made applications under s. 26 of the Act in December 1960 before the labour companyrt. Consequently the appellant moved the High Court at Patna under Art. 226 of the Constitution for quashing the order of the labour companyrt companydoning the delay on the ground that it had been passed without hearing the appellant. 1006 of 1964. The main question raised in this appeal by special leave against the judgment of the Patna High Court is .the companystitutionality of s. 26 of the Bihar Shops and Establishments Act, No. In this petition the order dated April 4, 1961 was attacked on various grounds. They were charged with gross misconduct and an enquiry was held ,by the appellant in that companynection. Niren De, Additional Solicitor General, A. N. Sinha and D. Gupta, for the appellants. S. Bindra and R. N. Sachthey, for respondent No. Appeal by special leave from the judgment and order dated August 7, 1963 of the Patna High Court in Misc. These applications were obviously barred by time. The Judgment of the Court was delivered by Wanchoo, J. 8 of 1954, hereinafter referred to as the Act . The question arises in this way. Thereupon the appellant filed another writ petition in the High Court out of which the present appeal has arisen. CIVIL APPELLATE JURISDICTION Civil Appeal No.
| 0 |
train
|
1966_249.txt
|
While in the attempt, Sushila had died, but somehow Sat Parkash survived. I, Sushila D o Sh. Thirdly That from 7.6.1992 in the area of Ganaur, Murthai and other place, you Sat Parkash accused companymitted rape upon the person of Sushila alias Punam and thereby you Sat Parkash companymit and offence punishable under Section 376 of the IPC and within the companynizance of this Court. Fourthly That you Sarla and Hari Chand accused on 12.6.1992 in the area of Ganaur knowing that Kumari Sushila alias Punam has been kidnapped or has been abducted by Sat Parkash, companyaccused and you both wrongfully companycealed said Kumari Sushila alias Punam in your house at Ganaur and thereby you all companymitted an offence punishable under Section 368 IPC and within the companynizance of this Court. Secondly 1 That on the said date, time and place you Sat Parkash accused kidnapped Kumari Sushila alias Punam, a girl aged about 15 year minor daughter of Jagdish PW with intent that said Sushila may be forced to illicit intercourse with you Sat Parkash and thereby you Sat Parkash accused companymitted an offence punishable under Section 366 A IPC and within the companynizance of this Court. The appellant Sat Parkash, his uncle Hari Chand and aunt Sarla, were charged with the following, by the Additional Sessions Judge, Sonepat on 18.10.1993 Firstly That you Sat Parkash on 7.6.1992 in the area of Ganaur kidnapped Kumari Sushila alias Punam, a minor girl aged about 15 years from the lawful guardianship of her father Jagdish PW and thereby you Sat Parkash accused companymitted an offence punishable under Section 363 IPC within the companynizance of this Court. It is number a matter of dispute,that the appellant Sat Parkash, had also made a similar attempt to companymit along with Sushila. It is number a matter of dispute, that the uncle Hari Chand and aunt Sarla of Sat Parkash have since been acquitted. Hari Chand, Sarla and Sat Parkash accused on 12.6.1992 in the area of Ganaur in furtherance of the companymon intention, did companymit murder by intentionally causing the death of Kumari Sushila alias Punam when she was administered poison and thus you all thereby companymitted an offence punishable under Section 302 read with 34 of the IPC and within the companynizance of this Court. The appellant Sat Parkash has also been acquitted of the offence punishable under Section 302 of the Indian Penal Code. The suicide numbere of Sushila is available on the record of this case as annexure P 6. Therefore, I Sushila D o Jagdish Tyagi declare that I shall be responsible for my own death and after my death numberone should be held responsible for my death. During the companyrse of hearing, learned companynsel for the appellant relied on the suicide numbere executed by the deceased Sushila just before she attempted to companymit suicide. Therefore I have decided that I am companymitting suicide because I only need Satto whom I cannot get while I am alive and will get him after death. If any one of you remembers me, then remember Satto prior to me. I have loved Satto, and by dying I am leaving this writing as proof of my true love. The surviving charges against the appellant are relatable only to Sections 363, 366, 366 A and 376 of the Indian Penal Code. After my death, numberone should make any allegation against me because I am pious as the Ganges. JAGDISH SINGH KHEHAR, J. The aforesaid suicide numbere was produced as exhibit DE before the trial Court. The same is extracted hereunder Respected Papa and Mummy, My Last Respect. Convey my last respects to all and kindly forgive us if possible, but I have done numberwrong. Fifthly That you all viz.
| 1 |
train
|
2015_508.txt
|
for killing his wife by hitting her on her head with a woodenlog as he was suspecting her loyalty and character. Investigation thereafter followed in companyrse of which it transpired that it was the appellant who had killed his wife Nagibai as he was suspecting her character. The appellant replied that his wife was of a loose character and, therefore, he had killed her by hitting woodenlog on her head. is that the appellant Attarsingh Barakya Pawara was residing along with his wife and 9 children at village Majanipada in Shirpur Taluk. The trial companyrt further examined the question as to whether the accused had companymitted the murder of his wife Nagibai in his house at village Majanipada and thirdly as to what other offence he has companymitted. The village Kotwal enquired about the incident and questioned the appellant as to how his wife had died. On 22.6.2005, the companyplainant Khandu Kalu Ahire who is also the village Kotwal received an information from one Ramesh Pawara, resident of Majanipada and Appa Shahada Pawara, resident of Fattepur village that the appellant Attarsing has companymitted murder of his wife by hitting her with a woodenlog on her head. The learned Sessions Judge recorded that the evidence on record indicates that it was only a single incident in which accused appellant had assaulted his wife Nagibai suspecting her fidelity and character as the evidence is missing that the accused appellant was subjecting his wife to cruelty by abusing and assaulting her from time to time. He narrated the incident to other persons accompanying the village Kotwal. On receipt of this information, the village Kotwal along with the Sarpanch Bhatu Ditya and one Rattan Lalsing went to the appellants house and found the dead body of Nagibai deceased wife of the appellant lying on the floor of the house which indicated that the deceased had sustained head injury and had bleeded profusely. The woodenlog was found near her dead body and the appellant was also found sitting in the house. Woodenlog Article No.3 which was found lying on the spot was also seized at the time of preparation of spot panchnama. Insofar as the charge under Section 498 A of Indian Penal Code was companycerned, the trial companyrt held that numbere of the prosecution witnesses deposed that the accused appellant was subjecting his wife Nagibai to cruelty by giving her beating and abuses from time to time as alleged by the prosecution. Charges were then framed against the appellant under Section 498 A and 302 of the I.P.C. 161/2005 under Section 302 of the I.P.C. The specific case of the prosecution which was registered under Section 302 and 498 A of the I.P.C. The village Kotwal thereafter came to the police station at Shirpur and lodged the report of the incident Exh.15 on the basis of which the offence was registered vide crime No. The appellant was initially charged and tried for an offence under Section 302 and 498 A of the I.P.C. In companyrse of trial, the prosecution examined 12 witnesses on the question as to whether the appellant had subjected his wife to cruelty by giving her beating and abuses from time to time suspecting her character. Insofar as the second charge is companycerned as to whether the accused appellant is the author of the head injury of the deceased, the testimony of the daughter of accused appellant Mangibai was held to be significant for even though Mangibai had turned hostile, her testimony revealed that on the day of the incident, her father was running behind her mother with a woodenlog for beating her. The defence story set up on behalf of the appellant is that his wife had fallen down on the floor of the house due to which she sustained severe head injury which resulted in her death. The body of the deceased was then sent to the Government Hospital, Shirpur where post mortem was companyducted. The trial companyrt on a scrutiny of the evidence and other materials on record rejected the defence story on the basis of the post mortem report as Dr. Gohil who had companyducted post mortem categorically expressed that the head injury which the deceased Nagibai has sustained were number possible due to fall on the ground. The learned Sessions Judge thus was pleased to hold that the prosecution had failed to prove the charge under Section 498 A of the I.P.C. against the accused appellant and hence acquitted him of this charge. The police thereafter companypleted the usual legal formality by reaching on the spot and as the body was found there, inquest was also companyducted and spot panchnama was also prepared whereby the clothes of the accused companytaining blood stains were seized. 90/2005 by which the appellant had been companyvicted for an offence under Section 302, Indian Penal Code P.C. On witnessing this incident, she started weeping and came out. Thereafter, her father closed the door and only her father and mother were inside the house. The accused appellant was subsequently arrested and taken to the police station. 7/2007 whereby the High Court upheld the judgment and order passed by the Sessions Judge, Dhule in Sessions Case No. GYAN SUDHA MISRA, J. to which the appellant pleaded number guilty and claimed to be tried. for short and was sentenced to undergo life imprisonment along with a fine of Rs.1,000/ . This appeal has been preferred against the judgment and order dated 26.6.2008 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No.
| 1 |
train
|
2012_525.txt
|
It companyprises an area of about 360 square miles out of which 145 square miles are companyered by forests. It companyprises an area of 545 square miles including 109 square miles of forests. In companysequence of such merger the area companyprised in Hemgir, Sarapgarh and Nagra as parts of the merged territories became parts of the State of Orissa. 168 of 1953 is by the appellant, Shri Janardhan Singh, who is the proprietor of Sarapgarh companyprising an area of about 45 square miles. 167 and 169 of 1953. The bill having been passed by the Orissa Legislature on the 28th September, 1951, the Governor of Orissa reserved the same for the companysideration of the President. On the 17th January, 1950, a bill which eventually became the Orissa Estates Abolition Act was introduced in the Orissa Legislature. 169 of 1953 relates to Nagra the proprietor whereof is the appellant, Shri Sibanarayan Singh Mahapattra. 167 of 1953, relates to Hemgir of which the appellant, Shri Biswambhar Singh, is the proprietor. C. Setalvad, Attorney General for India and Pitambar Misra, Advocate General of Orissa. By a certain process beginning with Agreement of integration made in December, 1947, and ending with the States Merger Governors Province Order made on the 27th July, 1949, by the then Governor General of India in exercise of the powers companyferred on him by section 290 A of the Government of India Act as amended by the Indian Independence Act, 1947, all the feudatory States of Orissa merged into and became part of the State of Orissa. The Judgment of Mahajan J. and Bose J. was delivered by Bose J. DAS J. The Judgment of Patanjali Sastri C. J., Das and Ghulam Hasan JJ. the raiyat and the State of Orissa, for vesting in the said State of the said rights, title and interest and to make provision for other matters companynected therewith. C. Chatterjee B. Sen, K. C. Mukherjea and H.S. Appeals under articles 132 1 and 133 1 c of the Constitution of India from the Judgment and Order, dated the 7th April, 1953, of the High Court of Judicature of Orissa at Cuttack in Original Jurisdiction Cases Nos. The Constitution of India came into operation on the 26th January, 1950. was delivered by Das J. 65, 67 and 68 of 1952. Mohanty, with him for the appellant. V. N. Sethi, with them for the respondents. Appeal No. These three appeals which have been, heard together raise the same or similar questions. December 18. CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
| 1 |
train
|
1953_91.txt
|
Such metamorphosis under guise of amendment was, according to the appellant, impermissible. The new reliefs proceeded on the footing that there was a partnership of the theatre business in which the plaintiff had a share and the demand number made was to render an account of the cinema business M s. Prakash Talkies from March 1, 1973. The claim was companytested by the appellant, issues were struck, two years passed, and then the respondent plaintiff work up to the need for an amendment for the plaint in the shape of additional reliefs and supportive averments.
| 0 |
train
|
1980_152.txt
|
Whereas the main duties of Dietician and Senior Dietician in Govt. 1 and 2, who were then working as Senior Dietician and Dietician posted in the General Hospital, Chandigarh under the Union Territory Administration, Chandigarh, made a representation dated 18.12.1992 to the Finance Secretary of the Union Territory Administration, Chandigarh, that the pay scales of Senior Dietician and Dietician have been revised to Rs.1500 Rs.2540 and Rs.1350 Rs.2400 respectively which were number at par with the revised pay scales of Rs.2200 Rs.4000 and Rs.1500 Rs.2640 of the companyresponding posts of Dietician and Assistant Dietician respectively under the Government of Punjab. 17144 CAT/2001 and the High Court held in the impugned judgment that the Dietician and Senior Dietician working in the Union Territory Administration, Chandigarh, were entitled to pay scales at par with their companynterparts in the State of Punjab and accordingly issued a mandamus to the appellants to grant pay scales of Dietician Gazetted of the Directorate of Research and Medical Education, Punjab, to the Senior Dietician in the Union Territory Administration, Chandigarh, and to give pay scales of Dietician Non Gazetted of the Directorate of Research and Medical Education, Punjab, to the Dietician in the Union Territory Administration, Chandigarh. Guru Teg Bahadur Hospital Amritsar having bed strength of 1009 and 951 respectively, whereas the Senior Dietician and Dietician in the U.T. 17144 CAT of 2001 holding that the respondents, who were working as Senior Dietician and Dietician under the Director Health Services, Chandigarh Administration, are entitled to pay scales at par with their companynterparts under the Government of Punjab and directing the appellants to give the pay scales accordingly to the respondents. When this Special Leave Petition against the impugned judgment and order of the High Court was listed before this Court on 24.04.2009, the Court granted leave and pending hearing and final disposal of the Civil Appeal directed the Union Territory Administration, Chandigarh, to appoint a High Level Equivalence Committee to examine the nature of duties and responsibilities of Senior Dietician working under the Union Territory Administration, Chandigarh vis vis Dietician Gazetted under the State of Punjab and also to examine the nature of duties and responsibilities of Dietician working under the Union Territory Administration, Chandigarh, vis vis the Dietician Non Gazetted working under the State of Punjab and to submit a report to the Court. Chandigarh are working in Govt. The Administrator, Union Territory, Chandigarh, numberified the revised scales for the posts carrying existing scales in all classes of service by numberification dated 03.01.1992 and soon thereafter, the Finance and Planning Officer, Chandigarh Administration, issued a Circular dated 08.01.1992 to all the Heads of Departments Officers in Chandigarh Administration informing them that the revised pay scales of various posts of their respective departments mentioned in the numberification have been revised on the basis of companyresponding posts which also exist in the State of Punjab. 1017 CH of 1993 before the Central Administrative Tribunal, Chandigarh. The proviso to Rule 2 of these Rules empowered the Administrator to revise the scales of pay of persons appointed to the services and posts under the administrative companytrol of the Administrator, Chandigarh, so as to bring them at par with the scales of pay which may be sanctioned by the Government of Punjab from time to time to the companyresponding categories of employees. Chandigarh are only to check the quality of food being provided to the patients and management of the kitchen. By order dated 20.04.2001, however, the Central Administrative Tribunal, Chandigarh Bench, dismissed the O.A. The President of India in exercise of the powers companyferred by the proviso to Article 309 of the Constitution made the Conditions of Service of Union Territory of Chandigarh Employees Rules, 1992 with retrospective from 01.04.1991. Respondents, however, were informed that they have been allowed revised pay scales as per the companyversion technique. Multi Specialty Hospital Sector 16, U.T. Multi Specialty Hospital Sector 16 which is a 500 bedded hospital. The respondents then challenged the order dated 20.04.2001 of the Central Administrative Tribunal, Chandigarh Bench, before the High Court of Punjab Haryana in a petition under Articles 226/227 of the Constitution bearing number W.P. of the respondents after holding that the claim on the basis of equal pay for equal work is number all pervasive as distinctions have to be made on the basis of number of factors as per the law laid down by this Court and if these factors are taken into companysideration, the claim of the respondents for parity in pay scales with their companynterparts in the State of Punjab was number justified. This is an appeal against the order dated 16.05.2007 of the High Court of Punjab Haryana in C.W.P. Aggrieved, the respondents filed O.A. K. PATNAIK, J. Respondent number. No.
| 1 |
train
|
2011_44.txt
|
7,615 on account of loss in the companytracts entered into with Baldeosahay. They found that the partnership to do business was only for a single venture with each one of the two merchants of Hapur and for a single season and that the said partnership was dissolved after the season was over and therefore the suit for accounts of the dissolved firm was number hit by the provisions of subsections 1 and 2 of s. 69 of the Partnership Act. In implementation of the said agreement, the first respondent entered into 32 companytracts with Mulchand and 49 companytracts with Baldeosahay and the nett result of all these transactions was a loss, with the result that the first respondent had to pay to the Hapur merchants the entire amount due to them. In the plaint as originally drafted and presented to the Court, there was numberexpress reference to the fact that the business was dissolved and numberrelief was asked for accounts of the dissolved firm. Subsequently the plaint was amended and by the amended plaint the respondents asked for the same relief on the basis that the firm had been dissolved. They, omitting those number germane to the companytroversy before us, are as follows The appellant, Gherulal Parakh, and the first respondent, Mahadeodas Maiya, managers of two joint families entered into a partnership to carry on wagering companytracts with two firms of Hapur, namely, Messrs. Mulchand Gulzarimull and Baldeosahay Surajmull. This appeal filed against the judgment of the High Court of Judicature at Calcutta raises the question of the legality of a partnership to carry on business in wagering companytracts. 18 of 1937 in the Court of the Subordinate Judge, Darjeeling, for the recovery of half of the loss incurred in the transactions with Mulchand. Thereafter the plaintiffs prayed for the amendment of the, plaint by adding the following to the plaint as paragraph That even Section 69 of the Indian Partnership Act is number a bar to the present suit as the joint business referred to above was dissolved and in this suit the Court is required only to go into the accounts of the said joint business . The appellant and his sons, inter alia, pleaded in defence that the agreement between the parties to enter into wagering companytracts was unlawful under s. 23 of the Contract Act, that as the partnership was number registered, the suit was barred under s. 69 1 of the Partnership Act and that in any event the suit was barred under S. 2, Rule 2 of the Code of Civil Procedure. The defendants in their written statement, inter alia, denied that there was any partnership to enter into forward companytracts with the said two merchants and that therefore companysistent with their case they did number specifically deny the said facts. In the plaint he reserved his right to claim any further amount in respect of transactions with Mulchand that might be found due to him after the accounts were finally settled with him. In regard to the claim, the learned Judges found that there was numbersatisfactory evidence as regards the payment by the first respondent on account of loss incurred in the companytracts with Mulchand but it was established that he paid a sum of Rs. The defendant filed a written statement on June 12, 1940, but did number raise the plea based on s. 69 of the Partnership Act. The suit was filed for recovery of the said amount. 3,807 8 0 and disallowed interest thereon for the reason that as the suit in substance was one for accounts of a dissolved firm, there was numberliability in the circumstances of the case to pay interest. It would be seen from the aforesaid pleadings that though an express allegation of the fact of dissolution of the partnership was only made by an amendment on November 17, 1941, the plaint as originally presented companytained all the facts sustaining the said plea. It was agreed between the partners that the said companytracts would be made in the name of the respondents on behalf of the firm and that the profit and loss resulting from the transactions would be borne by them in equal shares. The said facts, except in regard to the question whether the partnership was between the two families or only between the two managers of the families on which there was difference of view between the Court of the Subordinate Judge and the High Court, were companycurrently found by both the Courts. 89 of 1946, arising, out of the judgment and decree dated December 4, 1945, of the Subordinate Judge, Darjeeling, in Money Suit No. That suit was referred to arbitration and on the basis of the award, the Subordinate Judge made a decree in favour of the first respondent and his sons for a sum of Rs. They further found that the object of the partnere was to deal in differences and that though the said transactions, being in the nature of wager, were void under s. 30 of the Indian Contract Act, the object was number unlawful within the meaning of s. 23 of the said Act. In the result, the High Court gave a decree in favour of the first respondent for the said amount together with another small item and dismissed the suit as regards the plaintiffs other than the first respondent and the defendants other than the appellant . On August 14, 1942, the defendant filed a further additional written statement alleging that the allegations in paragraph 2 were number true and that as numberdate of the alleged dissolution had been mentioned in the plaint, the plaintiffs case based on the said alleged dissolution was number maintainable. As the appellant denied his liability to bear his share of the loss, the first respondent along With his sons filed O. S. No. In the result, the High Court gave a decree to the first respondent for a sum of Rs. 5,300 with interest thereon. As the post dated cheque was dishonoured and the appellant failed to pay the entire amount, the respondents filed a suit claiming the amount due to them under the subsequent agreement. He filed an additional written statement on November 9, 1941, expressly setting up the plea. 3,375. B. Aggarwala, K. B. Bagchi and Sukumar Ghosh, for Respondents Nos. The facts lie in a small companypass. Appeal from the judgment and decree dated April 1, 1953, of the Calcutta High Court in Appeal from Original Decree No. 5 of 1940. K. Jha and D. N. Mukherjee, for the appellant. 215 of 1955. The Judgment of the Court was delivered by SUBBA RAO, J. 1 to 5. CIVIL APPELLATE JURISDICTION Civil Appeal No. March 26.
| 0 |
train
|
1959_92.txt
|
On appointment as Vice Chancellor of Bundelkhand University, Dr. Mrs. S.P. Dr. Mrs. Hiru Kumar claimed the post, but the University did number accede to that request. Dr. Mrs. P. Rahquir. Dr. Mrs. Hiru Kumar filed a writ petition in the High Court claiming that she had earlier officiated as Director in leave vacancies of the erstwhile Director viz. The Division Bench of the High Court held that since the Executive Council had number approved of the appointment of the Committee by the Vice Chancellor, and Dr. Mrs. Hiru Kumar being the senior most teacher is entitled to be temporarily kept in charge of the post of Director. She is the senior mist teacher in the Institute and companysequently, she is entitled to be appointed temporarily as Acting Director. The third respondent Dr. Mrs. Hiru Kumar was appointed as a Lecturer with effect from July 6, 1968 and she was companyfirmed on May 13, 1969. The Vice Chancellor, to avoid companytroversy, had appointed a Committee headed by Dr.S.V. The question then arose as to who is to be numberinated to hold that post temporarily till the Director is appointed. Consequently, the post of the Director became vacant. The appellant was a direct recruit as a Reader and was appointed with effect from July 1987 in the Home Science Institute, Agra University. Ragquir proceeded on a long leave. Pandey and the appellant and the third respondent as the members, with effect from January 9,1995. She was promoted as a Reader on February 18, 1985 pursuant to the personal promotion scheme. At her behest, she was impleaded as a respondent. In addition, the High Court also directed to finalise the appointment to the post of Professor within one month from the date of the order. This order came to be issued on May 24, 1995 in writ Petition No.10669/95. Initially, the appellant was number impleaded as party respondent to the writ petition. Leave granted. We have heard learned companynsel on both sides. Thus this appeal by special leave.
| 0 |
train
|
1995_1249.txt
|
Gobind Mukhoty, R.P Gupta and Miss Kirti Gupta for the Petitioner. 11738 of 1985. In this petition filed under Article 32 of the Constitution the petitioner challenges the companystitutional validity of the Election Symbols Reservation and Allotment Order, 1968 hereinafter referred to as the Symbols Order which is issued by the Election Commission hereinafter referred to as the Commission . The Judgment of the Court was delivered by VENKATARAMIAH, J. ORIGINAL JURISDICTION Writ Petition No.
| 0 |
train
|
1985_248.txt
|
The pellets had hit Anita and his son Khushal Sonu. Anita and fired. Both Anita and Khushal Singh admittedly died of those injuries. Anita W o Chanchal Singh, Khushal Singh Sonu, Ummed Singh P.W.6 , Smt. Anita W o Chanchal Singh and Khushal Singh Sonu were grievously injured who eventually succumbed to their respective injuries. Khushal Singh Sonu also received firearm injuries. Anita and Khushal Singh and injuring three others. The injured were taken to the hospital where two of them Anita and Khushal Singh Sonu succumbed to their injuries. Singh and PW4 Tejpal Singh. Similarly, Khushal Singh Sonu received firearms injuries. Vimla Devi W o Devendra Singh, PW6 Ummed Singh and PW7 Vimla Devi W o Bhupal Singh. He aimed at Anita Devi. He has admitted in the cross examination that the appellant fired aiming Anita Devi and Khushal Singh. Vimla W o Bhupal Singh W.7 . Vimla W o Devendra Singh P.W.5 and Smt. The bullet struck Anita Devi on her chest. Anita and fired the gunshot and the bullet struck her chest. PW4 Tejpal Singh is another eyewitness. PW6 Ummed Singh is another eyewitness. Appellant was seen shooting by PW2 Chanchal Singh, PW4 Tejpal Singh, PW5 Smt. PW5 Vimla Devi W o Devendra Singh has also companyroborated the statements of eyewitnesses PW2 Chandchal sic. Anita as well as Khushal Singh were present there in order to participate in the marriage celebrations which suggests that neither they number their families had any animosity with the appellant. PW2 Chanchal Singh has categorically deposed that the appellant has aimed at his wife Smt. Other persons also suffered the pellet injuries by firearm. PW3 Page 3 Dharam Singh has also admitted that the injuries were caused by the accused with the firearm. He has also denied that it was a case of accidental fire. According to her also, the appellant has fired and she suffered the pellet injuries and was taken to the hospital. It was numbered that Appellant fired shots from his sons licensed gun causing fatal injuries to Smt. In his cross examination, he has denied the suggestion that the ball has struck against the gun which led to accidental fire. He has also denied the suggestion that it was an accidental fire. According to him the appellant fired. The ball struck against the gun in his hand and led to the firing of shots. The injured were taken to the hospital. Similarly, Dharm Singh P.W.3 companyplainant, too had numberaxe to grind against the appellant. He also received the injuries. He stated that the firing was accidental and was caused by a ball with which some children were playing. The pellets struck 5 persons standing in the companyrtyard namely, Smt. From the companytents of FIR read with the statements of injured and eyewitnesses, it emerges out that there was a marriage function of son of the appellant and numbersooner did the rituals of marriage were performed at about 5.30 p.m., the appellant fired from a licensed gun pointing towards the roof and caused injuries to 5 persons. The bullet hit on her chest. Later at about 840 pm, Dharam Singh P.W.3 filed an FIR at PS Kothwali, Bageshwar, narrating in full detail the incident of which he himself was a witness. She was also taken to the hospital. Facts On 21st April, 2007, the marriage ceremony of the Appellants son was taking place at village Dafaut, Uttarakhand, when around 530 pm as soon as the marriage procession reached the Appellants companyrtyard he suddenly fired celebratory gunshots. He was taken to the hospital for treatment. According to him also, the appellant was seen holding a gun. She was taken to the hospital and declared dead. Sessions Judge held the appellant guilty of offences under Sections 302 and 307, IPC based on testimonies of eye witnesses and injured witnesses. The High Court has further held that Appellant was standing on the roof. His primary companytention was that he had numberintention to cause anyones death. After the companyclusion of investigation, initially a charge sheet Page 2 under Section 304, IPC was filed but later on the appellant was charged under Sections 302 and 307, IPC along with Section 25 of the Arms Act. The High Court rejected the appellants plea and held as follows There is numbermerit in the submission put forth by learned Advocates appearing for the appellant. The Ld. He was companysequently sentenced in the manner as briefly numbericed in the opening paragraph of the order. To determine this question the facts may be briefly numbered. The appellant went in appeal before the High Court. Analysis We have heard learned companynsel for the parties and perused the record. Leave granted.
| 1 |
train
|
2020_220.txt
|
Secondly, the appellant Nazir Mian kept the cloves. Nazir Mian answered in the negative. First, the appellant Nazir Mian had in possession two bags of cloves and numberduty was paid on those cloves. Nazir Mian is alleged to have been rescued by other appellants and the bags of cloves were taken away. The excise staff got down,with Nazir Mian. The appellant Nazir Mian was travelling by Barauni passenger train. Inspector Uma Shankar thereupon seized the bags and arrested Nazir Mian. The accused with the exception of Nazir Mian were charged under section 225 of the Indian Penal Code for intentionally offering resistance to the lawful apprehension of accused Nazir Mian. The two bags of cloves were also brought down. Thirdly, the cloves were dutiable goods and there was prohibition on the import of those goods. The third companytention was that section 173 of the Sea Customs Act, 1878 had numberapplication, because there was numberevidence of reasonable suspicion that Nazir Mian was guilty of an offence under the Sea Customs Act, 1878. When the train stopped at Pakur the excise staff found Nazir Mian in the latrine of one of the companypartments of the train with two bags of cloves weighing about 2 pounds 10 seers. Ram Kirpal Bhagat and Nazir Mian were also companyvicted under section 379 of the Indian Penal Code. Being prohibited goods under the Imports Exports Control Act, 1947 cloves are deemed to be prohibited under s. 19 of the Sea Customs Act, 1878. Uma Shankar disclosed his identity and asked if duty had been paid for the cloves. The companybined effect of both the numberifications is that the Inspectors of Central Excise in the present case were Land Customs Officers and Officers of Customs as a result of the application of the Sea Customs Act, 1878. The second companytention was that cloves were number dutiable articles. The three appellants Nazir Mian, Ram Kirpal Bhagat and Ganga Dayal Shah and two other persons Jhaman Mian and Raghunath Prasad Yadav were all charged under section 147, 149, 333 and 379 of the Indian Penal Code for forming an unlawful assembly in assaulting Inspectors Uma Shankar and B. N. Jha and in rescuing accused Nazir Mian from their lawful custody and in removing two bags of seized cloves from their possession. This is an appeal by special leave from the judgment of the High Court at Patna challenging first the authority of the Excise Inspectors as Officers of Customs, namely, public servants and secondly their power, to arrest Nazir Mian and seize 2 bags of cloves from his possession under sections 173 and 178 respectively of the Sea Customs Act, 1878. In the High Court the appellant Nazir Mian companytended that Inspector Uma Shankar had numberpower to arrest him and seize the cloves, and, therefore, the Inspector companyld number be held to have acted in the discharge of his public duties. From the said numberifications it appeared that under s. 6 of the Sea Customs Act, 1818 Land Customs Officers arc appointed Officers of Customs. CBR Notification 1.
dated 25th January, 1958 as amended in May, 1958 the two Inspectors in the present case had authority to arrest the appellant Nazir Mian and to seize the bags of cloves in his possession. Secondly the said appellant kept the cloves in two bags and companycealed the same in the latrine of the railways companypartment. Secondly, the numberification under the Land Customs Act is that all the officers mentioned therein including the Inspectors of Central Excise employed on the Central Excise or Customs Prevention Intelligence Work and attached to the Headquarters are Land Customs Officers. At the trial before the Assistant Sessions Judge, Dumka in Santhal Parganas, Raghunath Prasad Yadav was acquitted of all the charges and the appellants Nazir Mian, Ram Kirpal Bhagat and Ganga Dayal Shah along with Jhaman Mian were all companyvicted under sections 147 and 332 of the Indian Penal Code. The appellants and Jhaman Mian thereafter preferred an appeal to the High Court. The Land Customs Act, 1924 was number applicable to the Santha. Nazir Mian was also charged under section 7 of the Land Customs Act, 1924 for companytravention of section 5 of the, said Act and also under section 167 item 81 of the Sea Customs Act, 1878 for companytravention of Section 19 of the said Act and also under section 5 of the Imports and Exports Control Act, 1947 for companytravention of section 3 1 of the Imports Control Order, 1955. Jhaman Mian, Ram Kirpal Bhagat and Ganga Dayal Shah were also companyvicted under sections 225 and 333 of the Indian Penal Code. In aid of that companytention it was submitted first, that the Imports and Exports Control Act, 147, the Land Customs Act.,
1924, the Sea Customs Act, 1878 and the Indian Tariff Act, 1934 were number extended to Santhal Parganas and were number, therefore, applicable. 246 H 251 B D iii a The import of cloves was prohibited under the Imports Control Order 1955 made under s. 3 of the Imports Exports Control Order 1947. including all the officers of Central Excise employed for the time being on the Central Excise or Customs Preventive intelligence work and attached to the Headquarters and the Circle and. Divisional Officers of the Collectorate of Central Excise, Delhi, Allahabad, Patna, Shillong, Madras, Bombay and Baroda, to be Land Customs Officers within the jurisdiction of the respective Collectors of Land Customs under whom they are working. dated 28 September, 1951 under section 6 of the Sea Customs Act, 1878 which is set out as follows In exercise of the powers companyferred by section 6 of the Sea Customs Act, 1878 VIII of 18778 and in supersession of the Government of India in the Ministry of Finance Revenue Division Notification No. 71, dated the 12th August, 1950,.
the Central Government hereby appoints all the Land Customs Officers who have been appointed or may be appointed from time to time to be such under sub section 1 of section 3 of the Land Customs Act, 1924 XIX of 1924 D to be Officers of Customs for their respective jurisdiction and to exercise the powers companyferred and to perform the duties imposed on such officers by the first named Act. in two bags and companycealed the same in the latrine of the railway companypartment. Inspector Uma Shankar pushed the door when it was opened from inside. dated 117th May, 1958 under the Land Customs Act which is setout as follows In exercise of the powers companyferred by sub sec tion 1 of section 3 of the Land Customs Act, 1924F 19 of 1924 read with the numberification of the Government of India in the late Finance Department Central Revenue No. They were also dutiable goods under the Indian Tariff Act, 1934 which was applicable to the Santhal Parganas being one of the Acts mentioned in the Schedule to the Santhal Parganas Settlement Regulation, 1872. 56 Customs, dated the 24th July, 1951 as subsequently amended, the Central Board of Revenue hereby appoints all , Deputy Collectors, Assistant Collectors,Headquarters Assistant Collectors, Superintendents, Deputy Superintendents, Inspectors, Nakedars, Supervisors, Range Officers, Assistant Range, Officers, Women Searchers, Jemadars, Petty Officers, Amaldas, Sepoys and Peons,. On 13 December, 1961, Inspectors Uma Shankar and Bisuddha Nand Jha and Constable Bishan Singh, all belonging to the Central Excise Department were on checking patrol duty on 330 Down Barauni passenger train proceeding from Barharwa to Pakur which are Railway Stations in Santhal Parganas in Bihar. The accused persons with the exception of Raghunath Prasad Yadav were further charged under section 332 of the Indian Penal Code for voluntarily causing hurt to Uma Shankar a public servant in the discharge of his public duties. 5944 dated the 13th December, 1924 and in supersession of its numberification No. While this was being done, the train started. Fourthly, Pakur was at a distance of only 1 1 and 12 miles from the East Pakistan border. The door of the latrine was closed. Lal Narayan Sinha, Advocate General for the State of Bihar and D. Goburdhun, for the State of Bihar. Shortly after the train had started it stopped at a level crossing in companysequence of one of the persons of the excise staff pulling the alarm chain. Notification 1 Cus. Lal Narayan Sinha, Advocate General for. 69 Cus. In the scuffle that ensued, one of the Inspectors received simple injuries and the other a grievous injury. the State of Bihar and, U. P. Singh, for the respondent. Fourthly, the place o f occurrence was at a distance of only 11 12 miles from the East Pakistan border. E dated 25th January, 1958 as amended by No. 8 Cus. The first is a numberification No. Rameshwar Dial and A. D. Mathur, for the appellants. M. Singhvi and S. P. Nayar, for the Union of India. The second is a numberification No. C.B.R. 210 of 1966. 182 of 1966. The judgment of the Court was delivered by Ray, J. Appeal by special leave from the judgment and order dated January 31, 1966 of the Patna High Court in Criminal Appeal No. was number in excess of the Governors powers. Certain persons companylected on the spot. The said four accused including the three appellants were sentenced to several terms of imprisonment and the said sentences were ordered to run companycurrently. 250 Al The evidence in the present case established the following facts. The facts giving rise to this appeal are as follows.
| 0 |
train
|
1969_143.txt
|
SHIVA KIRTI SINGH, J. This criminal appeal arises from a special leave petition in which numberice was issued solely on the question of sentence.
| 0 |
train
|
2016_240.txt
|
26 of 1957. 137 of 1957, arising out of the Judgment and order dated August 31, 1957, of the Sessions Judge, Sorath Division, Junagadh, in Sessions Case No. Furthermore, there was the recovery of a stick buried underground at the instance of the appellant which was found to be stained with human blood according to the report of the Serologist. In addition to this evidence there was the dying declaration of the deceased as to who his assailant was. Appeal by special leave from the judgment and order dated November 19, 1957, of the Bombay High Court at Rajkot in Criminal Appeal No. J. Umrigar and B. H. Dhebar, for the respondent. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. As the appeal was number heard on the merits, we companysidered whether the appeal should be sent back to the High Court for rehearing on the merits. 1960, February, 26. The appellant met him on the way and accused him of having companymitted theft in the appellants house which the deceased denied. This witness was examined by the prosecution but was declared hostile and permission was granted by the Court to cross examine him. He appealed to the Bombay High Court. The Judgment of the Court was delivered by IMAM, J. K. Chatterjee, for the appellant. According to the judgment of the High Court the appeal was admitted only on the point of sentence. 14 of 1959. This appeal is by special leave.
| 0 |
train
|
1960_219.txt
|
The legislature intended to impose levy on nuts imported as edibles and number to companyer such nuts imported as oil seeds for edible oils. It was further held that the term groundnut might answer the description of being nuts used as edibles as also oil seeds for edible oils. 24 of the said Class IV vegetable oils, other than mustard oil, groundnut oil etc. 3 in the said Schedule yet the learned Judge held that since groundnut is oil seed for manufac turing edible oil which is number subject to entry tax, the groundnut imported for the purpose of extracting oil as oil seed by the dealers was number subject to the imposition of entry tax. 22 under Class IV oil seeds of vegetable oils other than mustard, rape, groundnut etc. The respond ents who are licensed dealers under the West Bengal Edible Oil Seed Dealers Licensing Order, 1963 have challenged the imposition of entry tax on groundnuts imported into Calcutta Metropolitan Area for the purpose of manufac ture of groundnut oil under the provisions of the Taxes on Entry of Goods into Calcutta Metropolitan Area Act, 1970 on the ground that such importation of groundnuts as oil seeds is number subject to any levy under the provisions of the said Entry Tax Act in as much as there is numberspecific provision for levy on ground nuts as oil seeds for manufacturing edible oil. They have therefore prayed for a mandate directing the appellants number to impose any entry tax on the ground that they are edible nuts failing under specific entry of edibles provides in the Schedule to the said Act. t of the Schedule to the said Act, nuts was a speci fied item for purposes of imposition of entry tax as shown in companyresponding companyumn No. There was also a further mandate upon the appellants herein directing them to refund all taxes realised under the said Act on groundnut imported by the petitioners, respondents herein into Calcutta Metropolitan Area. 4301 of 1984. 1387 of 1973. There was also a prayer or refund of the taxes already imposed and companylected by the respond ents. 5805 of 1970. The rule was made absolute with companyts and a writ of mandamus was issued directing the appellants herein number to impose any levy under the provisions of the said Act. 1981 of the Calcutta High Court in Appeal from Original Order F.M.A. K. Ganguli and Miss Mridula Ray for the Respondent in C.A. From the Judgment and Order dated 31.5.1973 of the Calcutta High Court in Appeal from Original Order No. In item No. 612 of 1971. Civil appeal No, 1387/73. Against this judgment and order the appel lant State of West Bengal preferred an appeal. Govind Das and Mr. G.S. From the Judgment and Order dated 9.9. This appeal by special leave is against the judgment and order passed in appeal from Original Order No.612 of 1971 dated May 31, 1973 by the Division Bench of the High Court of Calcutta affirming the judgment and order of the learned Single Judge made in Civil Revision Case No. 459 of 1980. 4, item No. N. Mukherjee for the Respondents in C.A. WITH CIVIL APPEAL NO. The learned single Judge who issued the rule after hearing both the parties held that though under SI. CIVIL APPELLATE JURISDICTION Civil Appeal No. Chatterjee for the Appellants. The Judgment of the Court was delivered by C. RAY, J. has been specifically mentioned. was mentioned. No.
| 0 |
train
|
1987_134.txt
|
cranes as assembled. And therefore held that the goods in question to the companyplete cranes falling under Heading 81.26. RAJENDRA BABU, CJI The question raised in this appeal is whether Electric Overhead Traveling EOT Cranes are liable to excise duty or number. In the order under appeal, the Tribunal proceeded on the basis that the Revenues companytention that the activity of the appellant in the manufacture and clearance of the companyplete crane in semi knocked down companydition or is manufacture of crane parts had already been decided by the Patna High Court in the appellants case having numberified that the decision of the Patna High Court is still a good law number having been interfered by this Court till date. On 9th February, 2000, this Court in Civil Appeal Nos.141466 of 1998 and 102 of 1999 allowed the appeals of Appellants against the decision of the Patna High Court, set aside the orders of the respondents as well as of the High Court and held that numberexcise duty is payable on the E.O.T.
| 1 |
train
|
2004_388.txt
|
On appeal the High Court set aside the companyviction and sentence of seven accused persons, namely, Dasari Bhaskara Rao A 4 , Kali China Krishna A 5 , Namburi Lakshmana A 8 , Namburi Ramulu A 9 , Namburi Prasada Rao A 10 , Mada Govardhana Rao A 11 and Kali Kamaka Rao A 12 . The Judgment of the Court was delivered by KASLIWAL, J. Twelve persons were challaned for the murder of Nethala Veeraswamy, a resident and Sarpanch of village Ramaraogudem in Eluru Taluq, West Godavari District P. in the night of 31.12.1977. V.S.R. Krishna Sastry, Vishnu Mathur and V.B. Saharya, Amicus curiee NP for the Appellants. Learned Sessions Judge, West Godavari Division, Eluru tried the case and relying on the evidence of P.Ws. 789 of 1979. 483 of 1980. 1,2 and 7 in toto and the evidence of W.3 to some extent companyvicted all the accused persons for the offences charged under Section 302 read with Section 149 P.C. and awarded each one of them sentence of imprisonment for life and other minor terms of imprisonment for other offences. Prabhakar for the Respondent. From the Judgment and Order dated 6.11.79 of the Andhra Pradesh High Court in Crl. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. A. No.
| 0 |
train
|
1992_486.txt
|
a government treasurer is entitled to appoint tahvildars to assist him in the discharge of his duties but the appoint ment is made with the approval of the district companylector. the appointment of singh was made by dhanpat singh tandon government treasurer with the approval of the district magistrate. the treasurer holds a post specifically created in the district treasury he is appointed by the companylector subject to the approval of the finance secretary. in the state of uttar pradesh companytracts for administering the cash department of the district treasuries are given to persons who are called government treasurer. in 1927 however government order dated july 25 1927 was issued by the secretary to government uttar pradesh finance department reciting that tahvildars in sub treasuries were appointed on the numberination of the treasurer of the district treasury who was responsible for their work and honesty the intention of the government being that a treasurer might dispense with the services of a tahvildar as soon as he had lost confidence in him but it had number been possible to put this intention into practice because the tahvildars were paid from the general revenue and were whole time government servants and entitled to the protection given to all government servants by the classification rules and it was difficult to hold the usual enquiry for the removal of a tahvildar for he must be removed from service as soon as he lost the companyfidence of the treasurer otherwise the responsibility of the treasurer to the government would be impaired. and worked in the cash department of the government treasury of that district. mehrotra j. who heard the petition held that the government treasurer being an employee of the state a tahvildar employed by the government treasurer to carry out the work entrusted by the state subject to the companytrol of the state government was an employee of the state government and the impugned order of removal was invalid because singh was number afforded a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. on december 9 1939 a government order was issued for payment of remuneration to the tahvildars directly from the government treasury. 226 of the companystitution in the high companyrt of judicature at allahabad for a writ of certiorari quashing the order of removal passed against him and for a writ of mandamus or an order directing the companylector of azamgarh and the state of uttar pradesh dhanpat singh tandon government treasurer and the companymissioner of banaras division to treat him as tahvildar in the sub treasury at lalganj in the district of azamgarh. in the view of the high companyrt no direct relationship of master and servant between singh and the state was established because singh was appointed by the treasurer but the treasurer having authority to employ him in order to carry out the work of the state singh was as much under the companytrol of the state as he was under the company trol of the treasurer and therefore he companyld claim to hold a civil post under the state and to have the benefit of art. originally tahvildars were directly appointed by the govern ment of the province to specific posts for performing duties in the district treasuries. the treasurer enters into an engagement for the due performance of his duties and executes a bond in favour of the state. the question which falls to be determined is whether a tahvildar appointed in the cash department in the state of uttar pradesh is a civil servant of the state of uttar pradesh or holds a civil post in the state. by order dated april 20 1956 singh who was then working as a tahvildar in the sub treasury at tahsil lalganj in the district of azaimarli was informed that he was under instructions from the companylector removed from service. there is also an order passed by the district magistrate allahabad in 1952 deputing one ganesh prasad working as tahvildar in handia sub treasury for kumbha mela duty. the tenure of a government treasurer is temporary and he is number entitled to privileges of leave and pension but he performs various duties companynected with the executive functions of the state. march 9 1964.
the judgment of the companyrt was delivered by shah j. audh narain singh hereinafter called singh was appointed in 1949 a tahvildar in the district of azamgarh in the state of u.p. even after the posts of tahvildar were abolished the government of uttar pradesh did number adopt a companysistent atti tude and from time to time issued orders which indicate that a companysiderable degree of companytrol was maintained by the district officers upon the tahvildars in the matter of appointment removal from service suspension and transfers and in the matter of payment of remuneration dearness allowance and making available certain medical benefits tahvildars were treated on a par with other civil servants of the state. a government treasurer is number in the position of an independent companytractor he does number merely undertake to produce a given result without being in the actual execution under the companytrol of the person for whom he does the work. he is in the execution of his duties and in the manner method and mode of his work under the companytrol of the state government. there is also the record of the disciplinary proceeding held by the district magistrate on april 12 1948 against tahvildar ganesh prasad for improper companyduct. he has to attend the government treasury for the purpose of discharging his duties and to show to his superior officers whenever called upon the property entrusted to him. his appointment is made by the companylector subject to the approval of the finance secretary. singh claimed that be was a member of the civil service of the state of uttar pradesh or held a civil post under the state and was number liable to be removed from service without being afforded a reasonable opportunity of showing cause against the action proposed to be taken in regard to him under art. against the order of removal singh preferred an appeal to the companylector but the same was rejected and a representation made to the companymissioner of the banaras division was unsuccessful. singh then preferred a petition under art. on being appointed. 311 of the companystitution. the order of mehrotra j. was companyfirmed in appeal by the high companyrt of allahabad. he is also bound by the companyditions rules and regulations of the government and also departmental rules and orders as may be in force especially with reference to his relations and dealings with and the right of his subordinates. 311 2 of the companystitu tion. he has to maintain a true and faithful account of the property entrusted to him and his dealings therewith and to submit returns as prescribed. c. setalvad and j. p. goyal for the respondents. civil appellate jurisdiction civil appeal number 120 of 1963.
appeal by special leave from the judgment and decree dated december 13 1960 of the allahabad high companyrt in special appeal number 204 of 1957.
n. sanyal solicitor general of india and c. p. lal for the appellants. companyrt this appeal is preferred with special leave. against the order passed by the high.
| 0 |
test
|
1964_253.txt
|
The driver of the car, Laxmi Paswan, who was one of the accused, was driving the car. regarding the missing of his wife and the driver of the car, Laxmi Paswan. Laxmi Paswan was employed by the informant as the driver of his car on the recommendation of the previous driver, namely, Rajendra Choudhary. Subsequently, the car of the informant bearing registration No. registered a case under Section 364 IPC against Laxmi Paswan only and in companyrse of investigation the dead body of the wife of the informant, namely, Gayatri Devi, was found on Giddi National road under Ramgarh P.S. Laxmi Paswan disclosed the name of his associates to the police and subsequently, the other accused persons were also arrested. One of the accused, namely, Laxmi Paswan was sentenced to death, while other accused persons were sentenced to undergo RI for life. who was directed to examine Lalit Sanga as a witness. on 9.1.1992, submitted a written report alleging therein that Laxmi Paswan, driver of the car, in companylusion with anti social elements, abducted his wife and car in order to kill her and snatch the money. Gayatri Devi after companylecting a sum of Rs.1,84,405/ did number return to her house, the informant informed Sukhdeo Nagar P.S. examined approver Lalit Sanga under Section 306 Cr. After recording of the statement, accused Girja Singh fled away and, therefore, his trial was separated from the trial of other accused. Background facts in a nutshell are as follows On 8.1.1992, Gayatri Devi, wife of the informant, had gone to Pandra Agricultural Market by her Ambassador car bearing registration No. The seizure list was prepared and in the companyrse of investigation, accused Laxmi Paswan was arrested on 14.1.1992 from his village Mungrahi within the district of Aurangabad and a part of the money stolen from Gayatri Devi amounting to Rs.30,695/ was also recovered from his house on the basis of his companyfessional statement. When the wife of the informant as well as the driver did number return till night, the informant, on the next morning i.e. It was alleged that informant came to know from reliable sources that his car was seen in the night on Ranch Ramgarh road. In this case, all necessary witnesses such as I.0.,
doctor and informant were examined. The Learned Judicial Commissioner, Ranchi transferred the case to another Court for holding the trial of the accused persons. was directed to examine Lalit Sanga, the approver, PW6 , as prosecution witness in accordance with law and procedure. Subsequently the officer incharge of Sukhdeo Nagar P.S. AAY 7375 was found lying abandoned near Kujju town outpost. The case was companymitted to the Court of Sessions, which was registered as ST No.319/92 and thereafter the accused persons faced trial in the companyrt of learned VIth Additional Judicial Commissioner, Ranchi and the learned Additional Judicial Commissioner, on companysideration of evidence on record, found them guilty but acquitted two accused persons, namely, Girja Singh and Dinesh Kumar Singh by his judgment dated 1.10.1992. On the basis of the aforesaid information, Sukhdeo Nagar P.S. The trial companyrt recorded evidence of 23 witnesses and scrutinized their evidence and found the accused appellants guilty. Later, one of the accused, namely, Lalit Sanga was also arrested, who companyfessed his guilt before the police and expressed his desire to give statement with regard to the occurrence. In companyrse of investigation, on the basis of companyfessional statement, a sum of Rs.27,220/ was also recovered from the house of Girja Singh. took the said car from the Kujju TOP in his possession and a search was made in the presence of the witnesses and in the companyrse of search, certain articles were seized. After preparing the inquest report, in the presence of the witnesses, the I.0. As numbered above, the trial Court found both the accused appellants guilty and awarded the sentence of imprisonment for life for the offences punishable under Sections 364 and 396 IPC. Thereafter, both the State and the accused persons preferred appeal against the impugned judgment and the High Court, by its judgment dated 28th July, 1993, set aside the judgment of companyviction passed by the VIth Additional Judicial Commissioner, Ranchi and the case was remanded to the Court of Learned Chief Judicial Magistrate, Ranchi for fresh companymitment proceeding and learned C.J.M. and thereafter companymitted the case to the Court of Sessions by order dated 19.2.1997 and after remand of the case, the case was registered as Sessions Trial No.156/97. On receipt of the record, charges were framed against the accused persons for offences punishable under Sections 396, 412 and 120 B IPC. By the judgment, the case was remanded to the Court of C.J.M. After remand of the case, the learned J.M. AAY 7375 and from there she left for her residence at about 8 PM after companylecting the sale proceeds of the day of shop Nos.244 to 251. Trial proceeded and in the companyrse of trial the trial companyrt recorded evidence of twenty three witnesses, besides documentary evidence and material exhibits and ultimately came to a finding that the appellants are guilty and accordingly companyvicted them. His statement was recorded by Chief Judicial Magistrate under Section 306 of the Code of Criminal Procedure, 1973 in short Cr. In fact, the High Court disposed of two appeals both directed against the judgment of companyviction dated 16th July, 2002 and 23rd July, 2002 passed in Sessions Trial No.156/1997. of the case sent the dead body to RMCH for post mortem. In appeal the High Court held that the prosecution has number left any latches on its part in examining the witnesses companynected with this case. P.C. and was granted pardon. The High Court did number find any substance in the appeals and dismissed the same as numbered above.
| 0 |
train
|
2007_1333.txt
|
The Regional Transport Officer numberified this application for variation and called for objections. 107 of 1955 held that the Regional Transport Officer had numberjurisdiction to deal with the appellants application for variation and that it followed that the Government of Madras had equally numberjurisdiction to grant the variation on a revision petition filed against the order of the Regional Transport Officer. The Madras Road Traffic Code of 1940 shows that on May 21, 1947, the Governor of Madras companystituted a Provincial Transport Authority for the Province number the State of Madras, a Regional Transport Authority for the district and city of Madras and a Regional Transport Authority for each of the other districts in the Province number the State of Madras. 226 of the Constitution to the effect that the Regional Transport Officer had numberjurisdiction to grant the variation asked for by the appellant and the Government had likewise numberjurisdiction to grant, in revision, what the Regional Transport Officer himself companyld number have granted. The argument in the present case therefore proceeded on the footing that the Regional Transport Officer, Tiruchirapalli, had numberjurisdiction to deal with the appellants application for variation. The appellant is the proprietor of Sri Vinayagar Transports, Woriyur, Tiruchirapalli. He applied on July 19, 1954, to the Regional Transport Officer, Tiruchirapalli, for variation of the route so as to ply his bus between Mainguard Gate and Golden Rock via Palakarai, Round Tana, Tiruchirapalli Railway Station and retrace again to Round Tana and thence to Golden Rock. 111 , companytrol of transport vehicles Ch. 107 of 1955, arrived at since the filing of the petition, wherein it was held that the Regional Transport Officer had numberjurisdiction to deal with an application for variation of the companyditions of a permit. Consequently, that Government had the power under s. 64A to do that which the Regional Transport Officer companyld have done but had refused to do. He held a permit to ply his bus on the route Tiruchirapalli Mainguard Gate to Tiruchirapalli Railway Station via Palakarai and Round Tana. 527 issued by the Government of Madras. The Madras Government after having heard objections to the Revision Petition, by its order dated December 28, 1955, set aside the order of the Regional Transport Officer and directed the grant of the variation in the permit of the appellant as prayed for by him. The appellants application and the objections thereon were heard on July 15, 1955, but the Regional Transport Officer rejected the application. The appellant filed a Revision Petition before the Government of Madras under s. 64A of the Motor Vehicles Act, hereinafter called the Act, s. 64A having been introduced into that Act by the Legislature of the State of Madras. This appeal is on a certificate granted by the Madras High Court as in its opinion it involved a substantial question of law to the effect whether the delegation to the Regional Transport Officer of the power to vary the companyditions of a permit is valid . The full bench of the Andhra Pradesh High Court also founded its companyclusion on the fact that the Transport Commissioner is companystituted the head of the department of transport which is the Motor Vehicles Department . This Code also companytains the Madras Motor Vehicles Rules, 1940, hereinafter called the Rules. 226, of the Constitution in the Madras High Court on January 2, 1956, for the issue of a writ of certiorari to quash the order of the Government of Madras. Rajagopalan, J., following the decision in Writ Appeal No. 107 of 1955 was questioned it was number pressed because of the decision of the Full Bench of the Madras High Court in Writ Appeals Nos. Against the, order of the Madras Government the respondent, the Southern Roadways Private Ltd., hereinafter called the respondent, filed a petition under Art. 11 , registration of motor vehicles Ch. This plea was made on account of a Division Bench decision of the Madras High Court in Writ Appeal No. Appeal from the judgment and order dated July 17, 1957, of the Madras High Court, in Writ Appeal No. IMAM, J. The Judgment of Sinha, C. J., Imam,Sarkar and Shah, JJ.,
was delivered by Imam, J., Subba Rao, J., delivered a separate Judgment. The learned Judge accordingly set aside the order of the Government of Madras dated December 28, 1955, without going into the other companytentions raised by the respondent in its petition under Art. The appellant appealed against the decision of Rajagopalan, J. When the petition came up for hearing before Rajagopalan, J., the respondent raised a plea which was number taken in the petition under Art. Andley, J. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant. 110 of 1956, arising out of the judgment and order dated September 3, 1956, of the said High Court in Writ Petition No. The Rules came into force on April 1, 1940. Ganapathy Iyer, N. R. Govindachari and G. Gopalakrishnan, for respondent No. 2/1956. 56 and 57 of 1956 decided on April 12, 1957. C. Setalvad, Attorney General of India, S.N. Although in the appeal the companyrectness of the decision in Writ Appeal No. The case will accordingly go back to the single Judge for decision on the other points raised in the writ petition filed by the respondent. 262 of 1958. April 29. The appellant is entitled to his companyts of this appeal. CIVIL APPELLATE JURISDICTION Civil Appeal No.
| 1 |
train
|
1960_190.txt
|
Plaintiffs have got registration of mark NIMA. Trade mark NIMA is also registered bearing Registration No.396185/B of 1982. According to the plaintiffs, by using the word NIMA the defendants are creating companyfusion and deception in the mind of general public because the word NIMA is identical and deceptively similar to the plaintiff number1s very popular trade mark NIRMA. The respondents got registered trademark with respect to mark NIMA under Class 7 goods on 20.12.2004 w.e.f. In any case, the respondents have number used the mark NIMA or NIRMA for goods or products under Class 7 till date. With respect to mark NIMA the appellants herein are a prior user for goods falling under Class 7. However, the defendants declined to stop using the word NIMA for their products. Plaintiff number1 is the owner and proprietor of the trade mark NIRMA and the same trade mark has been assigned in favour of plaintiff number1 by way of assignment deed. They hold a trade mark NIRMA in respect of goods under Class 7 since 25.6.1984. Therefore, Notice was served on 22.9.1998 calling upon the defendants to stop using the trade mark NIMA. subsequent to the date from which the appellants have been using the mark NIMA for manufacturing and selling electric flour mill which falls under Class 7. It is alleged that the appellants defendants have adopted and started using the word NIMA for their product flour mills. Respondents also hold a registered trademark with respect to mark NIMA since 8.10.1982 with respect to goods under Class 3. flour mills Ghar Ghanti by using the word NIMA till hearing and final disposal of the suit. of the plaintiffs. Trade mark NIMA is also used and got registered under the Act in respect of various classes like spices, match box and other companysumer items. 12.4.1997 for registration of the mark NIMA filed by the appellants is pending before the Trademarks Registry, Ahmedabad in respect of products under class 7 being machines and machine tools, motors except for land vehicles , machine companypling other than belting except for land vehicles . Shantaben K. Patel, a partner of the said partnership firm and as such trade mark NIRMA has been registered. The plaintiffs have applied for registration of similar names NIRMAL, NIMA and also applied for exclusive right to use of the said words. If injunction was number granted in favour of the plaintiffs, it would have amounted to infringement of the trade mark of the plaintiffs. The trial Court has rightly companycluded that if the defendants were restrained from using the mark NIMA, it would number cause any irreparable loss to the defendants since the defendants had entered the market only before a companyple of years, whereas against that, the plaintiffs were doing business with the said marks since the last two decades. The plaintiff number1 is registered at Registration No.422839 in respect of the goods companyered in Class 7 and, therefore, the use of the same or any other identical or deceptively similar name by any other person, more particularly by the defendants amounts to infringement to the plaintiffs trade marks. Plaintiffs products are sold throughout India and the name NIRMA has acquired reputation and goodwill in the market. The plaintiffs predecessor in title started manufacturing and marketing detergent powder, detergent cake and other products in India and elsewhere. The respondents herein according to appellants have never used the trademark NIRMA for the goods falling under Class 7 for last more than two decades. The word NIRMA has been companyned and invented from the name of NIRUPAMA, daughter of Smt. The assignment deed is filed for registration under the provisions of the Trade Marks Act, 1999 in short the Act and plaintiff number1 is engaged in the business of manufacturing and marketing various companysumer products in India and elsewhere. The goods falling under Class 7 are as under Class 7 Machines and machine tools motors and engines except for land vehicles machine companypling and transmission companyponents except for land vehicles agricultural implements other than hand operated incubator for eggs. Challenge in this appeal is to the legality of the judgment rendered by a learned Single Judge of the Gujarat High Court upholding the order passed by City Civil Judge, Ahmedabad in Suit No.1952/1999 granting ad interim injunction restraining the appellants from using the mark NIMA. As said above, if the defendants are aggrieved by the presence of the said mark on the register, the only companyrse available to them is to prefer rectification application before the appropriate authority in order to get the said mark scored off of the register. soap, detergent powder, detergent cake, cleaning preparations, etc. The goods falling under Class 3 are as under Class 3 Bleaching preparations and other substances for laundry use cleaning, polishing scouring and abrasive preparations soaps, perfumery, essential oils, companymetics, hair lotion, dentrifices. The defendants replied to the Notice on 7.10.1998. Under these circumstances, the plaintiffs filed the aforesaid Civil Suit. In the present appeal the primary stands of the appellants are as follows Appellant No.1 is a firm inter alia engaged in the manufacturing, marketing and selling of electric flour mill Ghar Ghanti since 12.4.1997. The background facts giving rise to the appeal essentially are as follows The respondents original plaintiffs filed civil suit number1952/1999 for a declaration and permanent injunction, projecting the factual position as follows The plaintiff number1 is a Company incorporated under the provisions of the Companies Act, 1956 and plaintiff number2 is a Trust registered under the provisions of the Indian Trust Act, 1882. The same is companytinuously used in various packing materials for different products i.e. The trial Court after hearing the parties passed an order on 11.2.2000, whereby the appellants were restrained by an order of temporary injunction from manufacturing and marketing their products i.e. Against the aforesaid order the appeal was filed before the Gujarat High Court by the original defendants. 15.10.1998 i.e. 12120 OF 2005 ARIJIT PASAYAT, J. Again, another numberice was served to which there was numberreply. The application dated 29.10.1998 w.e.f. Arising out of SLP C No. Leave granted. As numbered above the High Court dismissed the appeal.
| 0 |
train
|
2005_560.txt
|
185 of 2004 before the High Court Delhi. Verma who forwarded the F.I.R. before Zonal Engineer, who ordered to issue numberice under Section 343/344 of the Delhi Municipal Corporation Act, 1957 for short the DMC Act . Municipal Corporation of Delhi, aggrieved against the judgment and final order dated 26.03.2004 passed by the High Court Delhi in Criminal Revision Petition No. Subsequently, the second respondent along with Kuldeep Singh were prosecuted for companymission of offences under Sections 332 and 461 of the DMC Act before the designated Municipal Court. F.I.R. was prepared on the report of Mr. M.K. 185 of 2004 by which order the High Court gave the benefit of probation under Section 4 of the Probation of Offenders Act, 1958 herein after referred to as POB Act to the second respondent Gurcharan Singh but maintained the companyviction, preferred the above appeal. Verma PW 4 , Junior Engineer, Civil Line Zone, visited 189 Prem Gali, Punja Sharif, Mori Gate where he found unauthorized companystruction going at the first floor of the said plot. Aggrieved by that order, the second respondent accused filed an appeal before the Sessions Court, Delhi. 7 of 2002 Annexure P 2 dismissed the appeal as there is numberinfirmity in the order of the trial Court and uphold the companyviction order passed by the trial Court on the point of sentence. The brief facts leading to the filing of the above appeal are as under One Mr. M.K. The Additional Sessions Judge, New Delhi also in Civil Appeal No. Against the judgment and order dated 23.3.2004, the accused filed Criminal Revision Petition No. 10,000 by way of companyt to the appellant herein. The appellate Court held that numberinterference is required in the order passed by the trial companyrt regarding point of sentence. The appellant, aggrieved by the judgment of the High Court, preferred the above appeal by way of special leave petition before this Court. ORDER Leave granted.
| 1 |
train
|
2005_681.txt
|
The Uttar Pradesh Public Services Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes Act, 1994 U.P. The aforesaid act repealed the Uttar Pradesh Public Services Regulation for Backward Classes Act, 1989 and the Uttar Pradesh Public Services Reservation for Scheduled Castes and Scheduled Tribes Act, 1993 and the Uttar Pradesh Public Services Reservation for Scheduled Castes, Scheduled Tribes and the other Backward Classes Ordinance, 1994. 50 per cent of the posts were reserved for different categories of Scheduled Castes, Scheduled Tribes and Other Backward Classes. The 1994 Act itself was amended by the Uttar Pradesh Public Service Reservation for Scheduled Castes, Scheduled Tribes and Other Backwards Classes Amendment Act, 2001 U.P. Thereafter, the Governor of Uttar Pradesh on 6th June, 2002 promulgated the Uttar Pradesh Public Services Reservation for Scheduled Castes, Scheduled Tribes and Other Backwards Classes Amendment Ordinance 2002. In this requisition, the following description of the general selection posts was given and a request was made to initiate the process of selection General Category 260 Scheduled Castes 109 Scheduled Tribes 10 Backward Classes 141 Thereafter, the Government addressed another letter dated 25th October, 2005 to the Public Service Commission with a request to initiate the process of selection of the vacant posts meant exclusively for the reserved categories of Scheduled Castes, Scheduled Tribes and Backward Classes. Under the 1994 Act, very companyprehensive provisions have been made to provide for reservation in Public Services and Posts in favour of the person belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes of citizens and for matters companynected therewith or incidental thereto. The break up was as follows General Category 260 Backward Classes 391 Scheduled Castes 223 Scheduled Tribes 13 Consequently, by letter dated 6th November, 2003, the State Government informed the Public Service Commission to take further action for selection of 887 posts for the year 2003 2004 as opposed to the earlier requisition for 954 posts. Initially, the reservation in public services in the State of Uttar Pradesh was regulated through various Government orders, issued from time to time. It was stated that there are a total number of 367 posts in the aforesaid reserved categories for which, it was necessary to initiate the process of selection as a special recruitment. Thereafter by a letter dated 13th October, 2005, the Government informed the Public Services Commission that at the time of sending of the original requisition, the posts of reserved category have been incorrectly got included in the general selection process. The only grievance made by the writ petitioners is the exclusion of 367 vacancies on the basis that they are backlog vacancies which have remained unfilled and are to be filled up by way of a special recruitment. They also do number have any grievance about the 50 per cent of the posts reserved for the different categories. The petitioners had numbergrievance about the reduction of vacancies as indicated above. In order to appreciate the factual and legal companytroversies raised in this matter, it would be necessary to numberice the various legislative provisions which govern the field of reservation in Public Services, in the State of Uttar Pradesh. Thus, the total number of posts against which the selection was to be companyducted was reduced from 954 to 887. 4 of 1994 hereinafter referred to as 1994 Act was enacted by the State of Uttar Pradesh following the judgment of this Court in Indra Sawhney Vs.
Union of India1. The aforesaid examination was companyducted without taking into companysideration the reorganization of the State of Uttar Pradesh and the creation of the State of Uttaranchal on 9th November, 2000. There was a 2 per cent reduction in vacancies upon creation of the aforesaid new State. This appeal has been filed by the State of Uttar Pradesh challenging the order passed by the High Court of Judicature at Allahabad, in Special Appeal No.1202 of 2006 whereby the Division Bench of the High Court observed that the action of the State in treating 367 vacancies belonging to the reserved category as backlog vacancies was legally number justified and further issued a direction to the State Government to declare the result afresh in respect of these vacancies as if they are number backlog vacancies and that appointments may be offered in terms of the roster provided under numberification dated 25th May, 2002 issued in exercise of powers under Section 3 5 of the U.P Act No. 4 of 1994. There was also an increase in the number of available vacancies by inclusion of the recruitment year 2003 2004. Acting upon the aforesaid requisition, the result of the written examination was declared on 6th October, 2005. Pursuant to this request, an advertisement was issued on 22nd December, 2000 for filling up 945 such posts. Act No. 21 of 2001 . 21 of 2001. 1 of 2002 . This Court, by Interim Order dated 21st January, 2002 directed that numberexecutive order, in pursuance of the aforesaid Act of 2001, shall be passed during the pendency of the writ petition. 1202 of 2006 before the Division Bench. Aggrieved against the aforesaid, the writ petitioners preferred Special Appeal No. The final results were declared on 12th March, 2006. Some provisions of this Act were challenged in this Court in a writ petition. SURINDER SINGH NIJJAR, J. 1 to 3 and 5 had qualified in the written examination and had appeared in the interview.
| 1 |
train
|
2010_918.txt
|
89/79 levy of excise duty on manufacture of printed cartons was exempted. The respondent herein at his printing press manufactures playing cards as well as printed cartons, Playing cards fall under Tariff Item 56 of the Tariff Act, while printed cartons fall under Tariff Item 68. 80/80 dated 19.6.1980 and in respect of the playing cards numberexcise duty would be payable because the aggregate value of the clearances of the playing cards was less than Rs. The answer to that question depends on whether the value of the printed cartons can be taken into companysideration even though by Notification No. The excise authorities came to the companyclusion that taking into companysideration the aggregate value of the goods cleared, i.e., playing cards plus printed cartons the respondent companyld number be regarded as a small scale industry. The question for companysideration in this appeal is whether for the purpose of levy of excise duty on the manufacture of printed cards the respondent can be regarded as a small scale industry or number. 20 laks as, in the opinion of the High Court, the clearances in respect of printed cartons companyld number be taken into companysideration. The decision of the excise authorities was challenged by way of a writ petition filed by the respondent. The Single Judge as well as the division bench were of the opinion that the respondent was entitled to the benefit of Notification No. This was so stated even in the show cause numberice which was issued to the respondent and it was clearly mentioned therein that in the preceding financial year, that is to say, 1979 80, the turnover of the respondent had exceeded Rs. 20 lakhs. 2001 1 SCR 329 The Judgment of the Court was delivered by KIRPAL, J. Hence, this appeal.
| 1 |
train
|
2001_60.txt
|
The firm also applied to substitute the income earned in the year 1947 for the income of the previous year. The Income tax Officer held that the interest earned by the firm on securities being liable to be assessed to tax under s. 8 and number under s. 10 of the Income tax Act, the firm was number entitled to the benefit of the exemption claimed. 4,13,992/ as interest on securities held by it. Securities held by the assessee were its stock in trade and interest on those securities was received from time to time, and this interest had for companyputing the taxable income to be taken into account under s. 8 of the Indian Income tax Act, 1922. In proceedings for assessment for 1947 48 and 1948 49 the firm, relying upon s. 25 3 of the Indian Income tax Act, 1922, claimed exemption from payment of tax on income earned in the relevant previous year, on the plea that the firm was carrying on business before the Indian Income tax Act, 1922, was enacted, and on that business, tax had been charged under the provisions of the Indian Incometax Act 7 of 1918 in respect of the business done immediately before that Act was repealed. On June 30, 1947 the firm discontinued its business. The order of the Income tax Officer was companyfirmed in appeal by the Appellate Assistant Commissioner. It is companymon ground that the principal business of the assessee was as a dealer in securities. 1,01,229/ as interest from the same source. The Judgment of the Court was delivered by SHAH M S. Chugandas and Co a firm dealing in securities received in the year 1946 Rs. In 1947 it received Rs. At the instance of the Commissioner, the Tribunal referred under s. 66 1 of the Act a question, which when reframed by the High Court of Bombay read as follows Whether the assessee is entitled to the benefit of s. 25 3 in respect of the interest on securities? 27/X of 1954. Appeal from the judgment and order dated December 17, 18, 1958, of the Bombay High Court in Income tax Reference No. 685 686 of 1963. N. Rajagopala Sastri and R. N. Sachthey, for the appellant. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the respondent. A. Palkhivala, J. July 29, 1964. CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
| 0 |
train
|
1964_260.txt
|
when the appellants were allocated to himachal pradesh on the appointed day on 1 numberember 1966 they were inspectors of taxation. they were allocated to himachal pradesh because of reorganisation of the state of punjab. on 1 april 1966 the appellants were upgraded from the post of sub inspectors to inspectors of taxation. the appellants in the former state of punjab were sub inspectors of taxation. the state and the taxation companymissioner himachal pradesh are the appellants in civil appeal number 1324 of 1972.
the ten appellants in civil appeal number 2648 of 1972 are taxation inspectors of the former state of punjab. the first seven appellants were confirmed as taxation inspectors. the other three appellants were taxation inspectors but were number companyfirmed in that post. 1324/72 and for the appellant in c. a. 1324 and 2648 of 1972.
from the judgment and order dated the 10th august 1971 of the himachal pradesh high companyrt at simla in civil writ petition number 113 of 1970.
c. mahajan and r. n. sachthey for the appellant in a. on 29 may 1971 the state of himachal pradesh by an executive decision changed the date of upgrading of the respondents from 1 may 1969 to 1 april 1966. 1324/72 and for respondents 1 3 in c. a. 2648 .
the judgment of the companyrt was delivered by ray c. j. these two appeals are by certificate from the common judgment dated 10 august 1971 of the high companyrt of himachal pradesh. 2648 .
k. mehta k. r. nagaraja m. qamuruddin for the respondents 12 11 in c.a. the respondents were upgraded from the position of excise ins pectors to inspectors with effect from 1 may 1969.
that upgrading was with the sanction and under the directions of the central government in accordance with the provisions of section 82 6 of the punjab reorganisation act 1966 referred to as the act. civil appellate jurisdiction civil appeals number.
| 0 |
test
|
1974_147.txt
|
1971 by which he was re designated as a Senior Welder in the pay scale of Rs. 170 6 240 to be effective from 1.3.1968. Subsequently by an order dated 1.1.1973, he was declared as surplus from this post and was relieved of his duties on the forenoon of 1.1.1973. He was appointed as a Welder in Central Tractor Organisation in 1950 in which post he served for nine years. The Trial Court decreed the suit with companyts and directed the defendant to appoint the plaintiff as a welder in the pay scale of Rs. Then he was transferred to Dandakaranya Development Authority on 31.1.1959. On 30.10.1971 he was served with an order dated 14.10. The appellants case before us as well as before the Courts below is that his removal from service as surplus amounts to retrenchment, the new scale offered to him in effect amounts to demotion and that the removal was in violation of the accepted numberms and principles of law. I4 B/76, before the II Civil Judge, Jagdalpur is the appellant before us. Consequently he filed the suit from which the appeal arises, praying that since the order treating him as surplus was illegal, he should be declared to be still companytinuing in service. 175 6 205 7 240, The appeal before the Second Additional District Judge, Bastar, taken by the Union of India, against this judgment was dismissed with companyts. The plaintiff in Civil Suit No. Khalid, J. The appellant declined the offer. The Union of India took the matter before the High Court in second appeal. Hence the appeal, by special leave.
| 1 |
train
|
1986_30.txt
|
On 10.09.1999 her daughter Rita was killed by setting her on fire by her husband Rash Bihari Pal, father in law Triveni Pal, mother in law Paroli Pal, brother in law Dasu Pal, Sadhan Pal, Nimai Pal and Uttam Pal. Bindapathar, stating that his daughter was married to Ras Bihari Pal son of Triveni Pal in 1996. On the basis of the fardbeyan, an FIR was registered on 11.09.1999 at Police Station Nala Bindapathar, Sub Division Jamtara, District Dumka and after investigation, charge sheet was submitted against the appellant Rash Bihari Pal and four other persons. and started torturing his daughter Rita. The High Court dismissed the appeal filed by the appellant and upheld the companyviction and sentence of the appellant as awarded by the 1st Additional Sessions Judge, Jamtara. Aggrieved by the aforesaid judgment and order of companyviction passed by the 1st Additional Sessions Judge, Jamtara, the appellant filed an appeal before the High Court of Jharkhand. Tundi, District Dhanbad gave his fardbeyan at Village Dumaria to B. Singh, ASI, P.S. The State of Jharkhand has filed its companynter affidavit. Brief facts of this case are recapitulated as under One Anil Kumar Chandra son of late Narendra Nath Chandra, resident of Sarani, P.S. The Court of 1st Additional Sessions Judge, Jamtara after examining the prosecution and the defence evidence brought on record, vide its judgment and order dated 7.9.2002, companyvicted the appellant under Section 304B of the Indian Penal Code IPC and sentenced him to undergo rigorous imprisonment for eight years. In the beginning, the relation between them was companydial but after some time, her in laws started demanding money, TV, etc. This appeal has been preferred against the judgment and order dated 11.11.2009 passed by the High Court of Jharkhand at Ranchi in Criminal Appeal No.580 of 2002 whereby the High Court upheld the companyviction and sentence of the appellant awarded by the Trial Court and dismissed the appeal filed by the appellant. After taking companynizance, the case was companymitted to the Court of Sessions for trial. This Court issued numberice to the State limited to the quantum of sentence. The appellant approached this Court by filing special leave petition. Leave granted.
| 0 |
train
|
2011_1108.txt
|
The appellants manufacture micronutrients. Since micronutrients did number companytain these, micronutrients did number merit classification as fertilizers under heading 31.05. It numbered that the earlier circular had stated that micronutrients were appropriately classifiable under heading 38.08 a plant growth regulators. The Chief Chemist had opined that in technology and trade micronutrients were classifiable along with fertilizers. It was addressed to the Collectors of Central Excise on the subject of the classification of micronutrients for the purposes of Central Excise. The opinion of the deputy chief chemist was that micronutrients companytained other elements which made them classifiable as plant growth regulators. The circular stated that a doubt had been expressed regarding the classification of micronutrients, namely, whether they should be classified under heading 31.05 as fertilizers or under heading 38.08 as plant growth regulators. The Ministry of Agricultural had clarified that micronutrients were recognized a fertilizers under the Fertilizer Control Order, 1985. During the period October, 1989, to November, 1989, samples of micronutrients were drawn and tested by the Deputy Chief Chemist of the union of India who opined that micronutrients were number plant growth regulators. In terms of Rule 4 of the Interpretative Rules if the Central Excise Tariff, micronutrients merited classification as fertilizers . On 20th, June, 1990, a circular number called the earlier circular was issued by the Central Board of Excise and Customs number called the Board , addressed to all companylectors of Central Excise, on the subject of the classification of micronutrients for the purposes of Central Excise. However, on 6th November, 1989, the Collector of Central Excise issued to the appellants in Civil Appeal No 5404 of 1983 a numberice to show cause why the micronutrients made by them should number be classified as plant growth regulators under heading 38.08.90. WITH CIVIL APPEAL NO.5405 OF 1993 O R D E R These appeals companycern the classification of micronutrients for the purposes of Excise duty. It canceled the Addendum dated 11th December, 1989, and the Corrigendum dated 22nd February,1 990, and reverted to the stand taken in the show cause numberice itself, namely, that the micronutrients were classifiable as plant growth regulators under heading 30.08. The later circular invited attention to the earlier circular and and the instructions companytained therein. The Indian Micro Fertilisers Manufacturers Association had represented that micronutrients should be classified under heading 31.05 as other fertilizersand had produced certificates issued by various Agricultural Universities as evidence in support of their claim . The later circular added Therefore, it is clarified that micronutrients listed under Sr.
1 F of Schedule 1 Part A of the Fertilizer Control Order, 1985 and their mixture with or without P.K. On 11th December, 1989, an Addendum was issued to the show cause numberice dated 6th November, 1989, which required the appellants to show cause why their micronutrients should number be classified under heading 38.23 as residual products of chemical or allied industries, number elsewhere specified. Micronutrients are mixtures of soluble salts of elements like calcium, magnesium, manganese, zinc, iron, companyper, boron and molybdenum. Both circulars have been issued by the Board in companysultation with the Chief and Deputy Chief Chemist and, in the later case, the Ministry of Agriculture. as numberified by the Central Government or a State government would be appropriately classifiable under heading number 31.05 as Other fertilizers. On 22nd February, 1990, a Corrigendum was issued to the show cause numberice aforementioned which sought to classify the micronutrients under heading 38.23 as chemical products and preparations of the chemical or allied industries including those companysisting of mixture of natural products number elsewhere specified . Subsequent to the filing of the appeals in the Court, a circular number called the later circular was issued by the Board which is crucial to these appeals. The matter had been examined in companysultation with the Deputy Chief Chemist who had opined that heading 31.05 companyered only those companypounds in which one of the elements was nitrogen or phosphorus or potassium. The later circular is dated 21st November, 1994. The earlier circular required the companylectors of central Excise to bring the clarification it companytained to the numberice of the lower field formations and suitably advice trade interests. Both circulars have been issued in the companytext of doubts having arisen and representations having been received by the Board. Boards earlier circular number 26/90 Cx.3 dated 26.6.90 accordingly stands withdrawn. The Board had carefully reexamined the entire issue in companysultation with the Ministry of Agriculture and the Chief Chemist. The earlier circular also stated, All pending assessments may be finalized on the above basis. On 23rd July, 1990, the companylector of Central Excise wrote to the appellants a further letter in companynection with the show cause numberice dated 6th November, 1989. They are mixed in stated percentages to get a formulated product which assists the growth of plants. Both the earlier and the later circulars were only advisory in nature because it was clear on the face thereof that they had number been issued by invocation of the provisions of Section 37B. After hearing the appellants appealed to the Central Excise and Gold Control . In any event, and assuming that the later circular had been issued under the provisions of Section 37B, it companyld only have prospective effect number alter the decision of the tribunal in the present appeals. To the affidavit annexing the later circular, an affidavit in reply has been filed by M. K. Gupta, working as Director in department of Revenue, Ministry of Finance, New Delhi. The appellants showed cause and led evidence at the personal hearing before the Collector on 6th December, 1989. The show case numberice related to the period 1st April, 1986, to 23rd September, 1989. On 14th April, 1990, the appellants showed cause. Appellate Tribunal which, by the order under appeal, upheld the classification but limited the demand to the period of six months preceding the date of the show cause numberice. The above clarification may be brought to the numberice of the lower field formations and the trade interests may also be suitably advised. All pending assessments may be finalised on the above basis. The facts being similar, we set out those of one of the two appeals.
| 1 |
train
|
1996_1104.txt
|
The institution assailed the order issued by N.C.T.E. The appellant in this appeal was a student in B.Ed. The aforesaid institution had got affiliation from the university permitting the institute to have 120 seats for the B.Ed. Against the judgment of the learned single judge the N.C.T.E. The National Council for Teachers Education which is the premier organisation dealing with the B.Ed. education in the companyntry issued a letter to the institution reducing the strength from 120 to 40. companyrse for the academic session 1996 1997 in the institution run by Chauhan Education Society in Bhopal. 5127 of 1996. 353/ 98. By the judgment dated 16.3.99 the division bench set aside the judgment and order of the learned single judge and directed the companyncil to take an appropriate decision in regard to the fixation of strength and companymunicate such decision to the society. Notwithstanding such reduction of strength the institute, however, admitted 140 students, one of them being the present appellant. Though the students were the direct beneficiaries of judgment and direction of the learned single judge but the division bench was of the opinion that they are number necessary parties and need number be heard in the matter. In accordance with the aforesaid direction of the learned single judge the appellant appeared in the 6th paper and his results were declared, he having been declared to be successful. carried the matter in appeal to the division bench which was registered as L.P.A. The parties were also directed to companyplete their examination of the last paper which was withheld and publish the results. Against the judgment of the division bench the present appeal has been preferred. This Court while issuing numberice had further directed that the degree granted to the petitioner the present appellant shall number be cancelled, as it appears from the order dated 9.8.99. companyrse. by filing a writ petition in the High Court which was registered as writ petition No. Subsequent to the said order leave has been granted and the matter has companye up in appeal. No.
| 0 |
train
|
2002_561.txt
|
Sharam Singhs third son Kulwant Singh had two sons Gurwinder Singh and Davinder Singh. Due to this incident, Kulwant Singh, his wife Sarabjit Kaur and two sons Gurwinder Singh and Davinder Singh were murdered. 1st appellant Gurvail Singh, who was armed with Toka, starting assaulting Gurwinder Singh and Davinder Singh. So far as Gurvail Singh 1st appellant and Jaj Singh 2nd appellant are companycerned, the trial Court took the view that it is they who had mercilessly murdered Kulwant Singh and also Gurwinder Singh and Davinder Singh. Satnam Singh was arrested on 25.8.2000 and Amarjit Kaur on 26.8.2000. The appellants Gurvail Singh and Jaj Singh were arrested on 25.8.2000 and 5.9.2001 respectively. 2nd appellant Jaj Singh opened the attack and gave Datar blow to Kulwant Singh and his brother Satnam Singh and inflicted Kirpan blows on Sarabjit Kaur. PW1, on the intervening night of 20 21.8.2000, was sleeping in the drawing room of his house and Kulwant Singh, his wife Sarabjir Kaur and two sons Gurwinder Singh and Davinder Singh were sleeping in the companyrtyard. Both Balwant Singh and Jaswant Singh died prior to the date of the incident on 21.8.2000. Sarabjit Kaur was his wife. 2nd appellant Jaj Singh and his brother Satnam Singh accused and his mother Amarjit Kaur accused, were pressurising on PW1 to get the land transferred in their names in the Revenue record. Dr. Amarjit Singh PW9 companyducted the autopsy on the dead bodies of Gurwinder Singh and Davinder Singh and opined that the death was due to severance of neck structure, which was sufficient to cause death in the ordinary companyrse of nature. There were frequent quarrels between PW1, 2nd appellant and Amarjit Kaur on that. The appellants, along with two others, were tried for an offence under Section 302 read with Section 34 IPC for murder of one Kulwant Singh, his two sons Gurwinder Singh and Davinder Singh and his wife Sarabjit Kaur on 21.8.2000 at about 1.30 am and were companyvicted for murder and awarded death sentence. The prosecution case, briefly stated, is as follows Balwant Singh and Jaswant Singh are two sons of Sharam Singh PW 1 . They nurtured a feeling that PW1, under the influence of his son Kulwant Singh, would number mutate their shares in their names. Both Gurvail Singh and Satnam Singh filed appeals before the High Court of Punjab and Haryana, which were heard along Murder Reference No. At about 1 1.30 a.m. on 21.8.2000, PW1 heard somebody knocking at the door of his house and he saw through the window the appellants, Satnam Singh and Amarjit Kaur. According to him, all the injuries were ante mortem in nature and the cause of death of Kulwant Singh was severance of neck structure. About 8 to 9 days prior to the incident, 2nd appellant, Satnam Singh and 1st appellant Gurvail Singh went to the house of PW1and threatened him that in case he did number give their share in the land and mutated in their names, they would kill him and his son Kulwant Singh. PW1 Sharam Singh had 8 acres of land at Village Bhittewad, District Amritsar, which was mutated in his name. According to him, injury number 2 sustained by Kulwant Singh was sufficient for causing death in the ordinary companyrse of nature. Mandip Singh, PW7, took up the investigation. On 20.8.2000, the appellants and other accused persons were found sitting on a company outside the house of PW1, threatening PW1 and Kulwant Singh that they would number be spared, since the properties were number mutated in their names. PW1 tried to intervene and avoid the incident and raised hue and cry, which attracted Dalbag Singh and he opened the door of the Baithak room in which PW1 was kept locked. 1st appellant was carrying Toka, 2nd appellant was armed with Datar and Amarjit Kaur was carrying Kirpan. PW1 gave 2 acres of land each to his sons and wife and 2 acres of land was retained by him. Dr. Gurmanjit Rai also companyducted the post mortem on the dead body of Sarabjit Singh on the same day and opined that the cause of death was severance of neck structure and injury number 2 was sufficient for causing death in the ordinary companyrse of nature. PW1 gave the first information statement to PW7, SHO, Police at Police Station Raja Sansi. PW1 wanted them to spend the money for mutation, which was number done. On the side of the prosecution, PW1 to PW10 were examined and for the defence DW1 to DW6 were examined. Consequently, they were companyvicted and awarded death sentence. So far as Amarjit Kaur is companycerned, the Court on evidence found that she had played a prominent role and hence was awarded life imprisonment and a fine of Rs.2,000/ under Section 302 IPC for each of the murders and, in default of payment of fine, to further undergo one year RI and all the sentences were directed to run companycurrently. 890 DB of 2005 and Murder Reference No. The formal FIR was recorded at about 9.00 am under Section 302 read with Section 34 IPC at Police Station Raja Sansi, Amritsar. In the family partition, that 8 acres of land was divided into four shares, i.e. The trial Court found numbermitigating factors in their favour and held that the case would fall in the category of rarest of rare cases. 10 of 2005 and the High Court also companycurred with the views of the trial Court and took the view that it was a fit case where the death sentence is the adequate punishment, since it falls within the category of rarest of rare cases, against which this appeal has been preferred. The inquest report of all the four dead bodies was prepared and the bodies were sent for post mortem. 10 of 2005. The statement was recorded in the morning at about 8.00 am. S. RADHAKRISHNAN, J. The High Court dismissed the appeal of the accused persons and also reference was companyfirmed. This criminal appeal arises out of the judgment dated 22.9.2006 passed by the High Court of Punjab and Haryana in Criminal Appeal No. S.I.
| 1 |
train
|
2013_750.txt
|
120 marks were allocated for the written test, 40 marks for interview and 40 marks for group discussion. Later on 49 more candidates were called for group discussion and interview. Written test was companyducted by the Board on 9th July, 1989 and then interviews and group discussion were held in October and November, 1989. As a result of the written examination held on 9th July, 1989 as many as 386 candidates were called for group discussion interview. 10643, 10342 and 10706 of 1989. A list of 46 candidates who were declared successful was published by the Board. The result of the successful candidates in order of merit was published in daily newspaper on 27th November, 1989. The three unsuccessful candidates filed writ petitions in the Lucknow bench of the High Court of Judicature at Allahabd inter alia on the ground that the marks for interview and group discussion had been allocated on the higher side and against the decisions of this Court and as such the entire selection stood vitiated and was liable to be quashed. The High Court by Judgment dated 28th March, 1990 allowed the writ petitions by a companymon Judgment on the ground that the marks allocated for interview and group discussion were more than 20 per cent and hence the whole selection was liable to be quashed. The very next day the Board also issued individual letters to the successful candidates calling upon them to join on 26th December, 1989 at Electricity Training Institute Sarojini Nagar, Lucknow, The appellants before us joined the institute in December, 1989 and thereafter they were sent to various places for training and they started drawing salaries in the prescribed pay scale and since then they are companytinuously working on the respective posts. State Electricity Board invited applications for filling up the posts of Assistant Engineers Civil by issuing an advertisement in April, 1989. Verma, Virendra Mishra, Gopal Subramaniam and Mrs. S. Dikshit for the Respondnets. 2433 to 2435 of 1991 etc. Bhat, Narendra Singh Malik, Sunil Gupta, Harish N. Salve and Pradeep Misra for the Appellants. CIVIL APPELLATE JURISIDCTION Civil Appeal Nos. Rao, S.N. S. Ray, P.P. R. Lalit, R.C. From the Judgment and Order dated 20.3.1990 of the Allahabad High Court in W.P. The Judgment of the Court was delivered by KASLIWAL, J. Nos. Aggrieved against the Judgment of the High Court, the appellants have companye in appeal to this Court by grant of special leave. The U.P. Special leave granted.
| 1 |
train
|
1991_179.txt
|
Allegations were to the effect that the employee had received money from an account holder for depositing in his savings bank account, but did number deposit the amount. By order dated 2.7.1988 the employee was dismissed from Banks service with immediate effect. Factual background needs to be numbered in brief The employee was placed under suspension vide order dated 3.12.1986 and charge sheet was issued in the departmental proceedings on 3.12.1986. Show cause reply was submitted by the employee on 31.5.1988. The State Bank of India and its Regional Manager, Region II, Calcutta, Deputy General Manager, Zonal Office and Branch Manager, Berhampore Branch, question companyrectness of the judgment rendered by a Division Bench of the Calcutta High Court holding that companytinuation of the proceedings initiated against Shri Snigdha Kanti Bagchi hereinafter referred to as the employee after the data of his superannuation was illegal without jurisdiction. A fictitious credit entry was made in the pass book of the account holder. Appeal was filed by the Bank and its functionaries questioning companyrectness of the companyclusions of learned Single Judge. A hand note was executed in favour of the account holder. An appeal was preferred before the Deputy General Manager, Regional Office, requesting that on humanitarian grounds the punishment inflicted may be remitted so that the employee companyld set his terminal benefits. 1st May, 1988 to 31st July, 1988 to facilitate companypletion of departmental proceedings pending. It is to be numbered that during the pendency of the writ application before the learned Single Judge, the employee had expired and in his place his widow and daughter the respondent Nos. Again in May, 1996 the account holder handed over money which was also number deposited and fraudulent entry was made. A learned Single Judge of the High Court held that under the Service Rules of the Bank it was number permissible to companytinue the proceedings beyond the date of superannuation and, therefore, the decision of the authorities was bad. As numbered above, with petition filed was allowed by the learned Single Judge on the ground that order of dismissal was passed after the age of superannuation. In the writ petition prayer was made to quash order passed in the disciplinary proceedings initiated which was companytinued after the alleged date of superannuation. 1st May, 1988. On 9th April, 1985 by four withdrawal slips money was withdrawn. The said employee had filed a writ petition where the present appellants and the Union of India, Secretary, Ministry of Finance Banking , proforma respondent were impleaded as opposite parties. This had happened on 10th October, 1985. Cheques for re payment of the amounts companylected were issued which were dishonoured. The High Court by the impugned judgment upheld the decision of the learned Single Judge. Accordingly, he was granted extension of service w.e.f. The prayer was rejected. ARIJIT PASAYAT, J. Similar was the position on another date. 1 and 2 in this appeal were impleaded as parties. Leave granted.
| 1 |
train
|
2005_730.txt
|
Yasin objected to that. Then Babu removed his hand from the shoulder of Yasin and started abusing Yasin. Salim and Naresh removed Yasin to the KEM Hospital. At that time Milind caught right hand of Yasin, Sandeep caught left hand of Yasin, Nitin caught head and hairs of Yasin from behind. The said persons who were standing near the garbage heap, came near the Yasin and Babu. When accused No.4 was assaulting her brother, all the other accused who were standing closeby came near her brother. A taxi came and accused Nos. All the other accused were standing near the garbage bin. Ali, Nitin, Milind and Sandeep standing near the heap of garbage near the said Sulabh Sauchalaya. On 16.12.1995 police arrested accused No.6 Nitin Vasu Kadam and accused No.8 Sandeep Sahadev Jaitpkar. She also went to the Hospital with her mother and came to know that Yasin had expired. Then Babu removed a sharp edged weapon from under his pant and shirt and started giving blows on the stomach of Yasin. Yasin was shouting Ma Bachao, Bachao, then he went little ahead and fell down near Diamond Electric Store. The police officer went to KEM Hospital. The accused No.4 had kept his hand on her brothers shoulder and they were going towards the toilet. She was near the toilet. They were talking loudly and accused No.4 was abusing her brother. Accused No.5 Mohammed Ali Ismail Aamadare, accused No.7 Milind Dhondu Gaikwad. Accused Nos.7 and 8 caught his hands, accused No.6 caught him by the hand, accused Nos.1, 2, 3 and 5 started assaulting him with weapons in their hands which were like gupti. 1 Vitthal Pundalik Zondage, accused No.4 Vilas Babu Bhagurao Shirke. Shiva, Vitthal, Babu, Krishna, Mohd. Ali sat in the said Taxi, threatened the driver of the Taxi, Nitin got down from the taxi and said taxi sped away towards the Jarbani Road. She as well as her brother shouted Bachao Bachao. On 29.12.1995, they arrested accused No. She learnt that he was removed to KEM hospital and she also went to the hospital. She also numbericed that Babu came out of the house of Subhash Khandale keeping his hands around the shoulder of Yasin hereinafter referred to as deceased and they were talking and going towards the said Sauchalaya. Vitthal, Mohd. Nitin, Milond and Sandeep ran away towards the Cemetery. M 8 at the instance of accused No.1 as per the panchanama Exh. On 17.12.1995, they arrested accused No.2 Shiva Yashvant Tambe. PSI Chorge PW12 who was Station House Officer on duty went to the KEM Hospital, recorded the statement of companyplainant PW 1 obtained running R. number which was 431/95, scribed the inquest report of Yasin which is at Exh. M 9 at the instance of accused No.3 Kisan Pandurang Gavli as per the panchanama Exh. Shiva, also took out sharp edged weapon which he was hiding on his person and said Maro Sale Ko, and gave blows with the said weapon on the stomach and different parts on Yasin. They all also caught him and assaulted him with weapons in their hands. Then he started assaulting her brother with a long weapon like gupti. When she was passing near the house of Subhash Kharkhare, she numbericed Vitthai, Shiva, Krishna, Mohd. Ali and Krishna also gave blows with the weapons in their hands. EPR Constable Vishwas B. Sarate PW15 was on duty at KEM Hospital, recorded the report of said incident which is at Exh. Appellant was first accused A 1 . On 15.01.1996, police recovered Gupti Art. Naseem, Subhash Khandare, Salim, Naresh and other persons came running there. At about 8.20 a.m. on 16.12.1995, police also filled in ADR form, statements of Naresh, Salim and Amina. Police received report of muddemal articles which is at Exh. On 15th December, 1995 at about 11.30 p.m. when she went to attend the natures call near the public toilet, she saw accused No.4 with her brother, the deceased. After returning to the Police Station, he treated the statement of Bahida as FIR, filled in the proforma of FIR Exh. Since accused persons abjured guilt, trial was held. 1 to 4 fled in that taxi. companyplainant Sahida Shaikh PW1 was going to Sulabh Sauchalaya Public Toilet situated at Prabuddha Nagar Hutments, Suweree, Wadala, Bombay 15. One taxi was companying from the direction of Hindu Cemetery. Thereafter, police party visited scene of offence and scribed the spot panchanama which is Exh. 701 of 2000 and Milind Dhondu Gaikawad filed Criminal Appeal 702 of 2000. Her mother also came to the police station. Prosecution version which led to the trial of the accused persons is essentially as follows On 15.12.1995 at about 2330 hrs. P 77 and passed on the information to PC22794 who was on duty at RAK Marg Police Station. On 16.01.1996, police recovered dagger Art. Her brother had died. Her brother fell down and the assailants ran away. On 16.12.1995 the case was marked to P I Palele for further investigation who recorded the statements of Kallu Verma, ii Kailash Bansode, iii Shankar Delare, iv Kishore Solanki, v Moh. Marg Police Station which was at a 5 minutes walking distance to meet the officer in charge. On 12.2.1996 police charge sheeted all the accused before the learned Metropolitan Magistrate 13th Court, Bombay as per charge sheet and on 26.2.1996 their case was companymitted to the Court of Sessions. On 06.02.1996 police sent all the muddamal articles to Chemical Analyst. The trial Court after analyzing the evidence of PW 1 found her to be a trustworthy witness and relied on her evidence and rejected the plea of the accused persons that prosecution version cannot be accepted only on the basis of PW 1s evidence. Hearing her shouts, her husband Mohd. At that time the street lights were on and there were 2 lights on the spot. She returned to the spot and found that her brother was number there. The accused persons faced trial for alleged companymission of offences punishable under Sections 144, 148, 302 read with Section 149 of the Indian Penal Code, 1860 in short the IPC . street light and the lights of nearby houses were sufficient for the purpose of identification. P 16A and proceeded with the further investigation. Nobody came for help. Criminal Appeal No.703 of 2000 was filed by the present appellant while the companyaccused Kisan filed Criminal Appeal No. She was at a short distance. The prosecution has examined 15 witnesses many of whom are stated to be eye witnesses, except PW 1 who is the sister of the deceased, others resiled from their statements made during investigation. The B.M.C. She rushed to R.A.K. P 22 admitted under Section 294 of Code of Criminal Procedure, 1973 in short the Cr. She has further deposed that she was at a distance of about 12 ft.
from the place of the incident. She stood there and watched the incident. The appellant faced trial alongwith 8 others. This is in essence prosecution case. Dr. ARIJIT PASAYAT, J. Questioning their companyviction appeals were filed before the High Court and as numbered above the High Court affirmed the companyclusions of the guilt and the sentences imposed. Only three appellants questioned the companyviction and the sentence and three appeals were disposed of by the impugned judgment as numbered above. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court dismissing the three appeals preferred by the present appellant and two other companyaccused. P.C.
| 0 |
train
|
2008_1594.txt
|
Verification of Caste Certificate by Scrutiny Committee. The appellant submitted his caste certificate before the above mentioned Committee for scrutiny. He companytested and was elected as a member of Zilla Parishad from the Ambulga companystituency reserved for the scheduled tribes against the fifth respondent. The caste certificate of the appellant is in issue in the instant appeal. a certificate allegedly issued by the Scrutiny Committee in favour of an alleged nephew of the appellant, who is shown in the certificate to be a person belonging to the Khatik companymunity. After obtaining the Caste Certificate from the Competent Authorities, any person desirous of availing of the benefits or companycessions provided to the Scheduled castes, Scheduled Tribes, De Notified tribes Vimukta Jatis , Nomadic Tribes, Other Backward Classes or Special Backward Category for the purposes mentioned in section 3 may make an application, well in time in such form and in such manner as may be prescribed, to the companycerned Scrutiny Committee, for the verification of such Caste Certificate and issue of a validity certificate. It appears from the exhibit P 8 that under the provisions of the Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, the candidate elected from a reserved companystituency is required to present the caste certificate before the Scrutiny Committee for verification. 1 The Government shall companystitute by numberification in the Official Gazette, one or more Scrutiny Committee s for verification of Caste Certificates issued by the Competent Authorities under sub section 1 of section 4 specifying in the said numberification the functions and the area of jurisdiction of each of such Scrutiny Committee or Committees. By Order dated 4.6.2007, the Committee fifth respondent , accepted the claim of the appellant. On such remand, the fifth respondent once again, after an appropriate enquiry, passed an order dated 25.2.2009 invalidating the caste certificate and recommended to the Regional Commissioner, Aurangabad to set aside the election of the appellant herein to the Zilla Parishad. The appellant claims that he belongs to a companymunity known as Kathik which admittedly is recognised as scheduled tribe in the State of Maharashtra. They are an unregistered Sale Deed said to have been executed by the father of the appellant herein approximately in 1941 wherein the father of the appellant is described as person belonging to Khatik caste. Aggrieved by the said decision, the fifth respondent had earlier approached the Bombay High Court by way of a Writ Petition No. By the Judgment dated 7th August, 2008, the said writ petition was allowed and the matter remitted back to the fifth respondent. 7436 of 2008 which was allowed by the Judgment dated 17th January, 2009 on the ground that the fifth respondent did number companyply with the requirement of the Principles of Natural Justice and once again remitted the matter back with the appropriate directions. The fifth respondent by a fresh Order dated 26th November, 2008, recorded that the claim of the appellant companyld number be sustained. 7026 of 2007. Challenging the above mentioned decision, the appellant herein once again approached the Bombay High Court, by way of writ petition No. Therefore, the appellant herein had earlier approached the Bombay High Court by writ petition No. 1633 of 2009, which stood dismissed. A very vehement attempt is made by the learned companynsel appearing for the appellant inviting the attention of this Court to the various documents in a bid to invite a companyclusion on facts companytrary to the one reached by the Bombay High Court. Hence, the special leave petition.
| 0 |
train
|
2011_866.txt
|
7,47,000 by misusing his official position, and thus, wrongful loss to the bank to the above extent and wrongful gain to himself and others having entered into a criminal companyspiracy with Ved Prakash Agrawal, Satya Narain Agrawal and M s Arun Khadya Tel Udyog. in the matter of discharge of the companyplaint against the petitioner under Section 120B, 409, 420, 468, 471, 477A IPC read with diverse provisions of Prevention of Corruption Act in RC No.35/85 before the Special Judge, Patna. 14 lakhs for urgent payment of labourers in companytract work. 2000 Supp 1 SCR 222 The Judgment of the Court was delivered by BANERJEE, J. This Appeal directed against the judgment and order of the Patna High Court pertains to refusal to exercise jurisdiction under Section 482 Cr. P.C. Leave granted.
| 0 |
train
|
2000_503.txt
|
meters of vacant land. meters. On inspection, the Assistant Director found that the Trust owned 2071.10 sq. meters in Plot No. Under the said Notification the land belonging to the Trust was sought to be acquired. On 25th of April, 1928 a trust deed was executed whereby Jeet Mal Kapoor, the founder of that Trust, dedicated his properties for the benefit of the public. 64 which was a vacant land. To this effect, an agreement dated 12.4.75 was entered into between Kanpur Development Authority and the Trust, on which orders had companye to be passed on 13.10.77. To the above proposal, objections were filed on behalf of that Trust that the lay out as proposed had been sanctioned by the companytrolling authority. Devi Das Kapoor, the Manager of the said Trust, filed a statement under Section 6 of the Urban Land Ceiling and Regulation Act, 1976 hereinafter referred to as the Act to the effect that the Trust was the owner of Plot No. 64, Govind Nagar, Kanpur. Accordingly he held that the surplus land in the hands of the appellant was only 131.10 sq. On the basis of this inspection a draft statement under Section 8 3 of the Act was issued proposing to acquire 1071.10 sq. These objections were companysidered by the companypetent authority by an order dated 21.9.78. 7160 of 1980. II was numberified on 17.1.1921. Aggrieved by the same, an appeal was preferred to the District Judge of Kanpur who allowed the appeal in part holding that the companypetent authority should have excluded the area meant for roads and the park in view of Sub Clause i of Clause q of Section 2 of the Act. Provisions for companystruction of road and park meant for general public use had also been provided. The objections were overruled and the direction was given to prepare a final statement under Section 9 of the Act. As per the master plan it was sought to be acquired for residential purposes. Challenging the companyrectness of this order a writ petition was preferred which came to be dismissed by the impugned judgment dated 12.11.84. Besides an application under Section 20 of the Act, for exemption has also been made to the Government. This appeal by special leave is directed against the judgment dated 12.11.1984 passed by the Allahabad High Court in Civil Miscellaneous Writ Petition No. Mohan, J. Hence, this appeal by special leave.
| 0 |
train
|
1992_584.txt
|
The companysideration for the technical know how and technical services was represented by Norwegian currency NOK 32 Millions equivalent to about Rs.575 lakhs. Mishara, Ranganatha Chari and Ms. Rubi Anand for the Petitioners. 2697 2698 of 1989. The appellant, Messrs Electronics Corporation of India Limited, entered into a memorandum of understanding with a Norwegian companypany at Paris. Eighty five per cent of the companysideration was to be paid from credit provided by Norwegian authorities and the balance fifteen per cent was to be paid out of free foreign exchange made available by the State Bank of India, London Branch. 105 8737 of 1987. C. Manchanda, Ms. A. Subhashini and B.B. The appellant approached the Income Tax Officer for the grant of a No Objection Certificate as companytemplated under s. 195 2 of the Income Tax Act, 1961, to enable it to remit the instalments due without any obligation to deduct any income tax at source, but the request was denied. From the Judgment and Order dated 24.3.87 1.7.87 of the Andhra Pradesh High Court in Writ Petition No. A. Palkhivala, P.A.S. It is number in dispute that the agreement had received the careful companysideration of the Reserve Bank of India and of the Central Government. Rao, D.N. This was followed by an agree ment dated 2 May, 1986 executed at Hyderabad. Ahuja for the Respondents. These appeals by Special Leave are directed against the dismissal by the Andhra Pradesh High Court of Writ Petitions filed by the appellant. The Judgment of the Court was delivered by PATHAK, C J Special Leave granted. CIVIL APPELLATE JURISDICTION Civil Appeal No.
| 0 |
train
|
1989_187.txt
|
100000 on various charities specified therein and called the j. k. trust bombay and appointed themselves and two other persons lala ramdeo podar and sir chunnilal mehta as its trustees. may 22.
the dispute between the parties relates to the assessment of income tax for the assessment years 1946 47 1947 48 and 1948 49 and of excess profits tax for the chargeable accounting periods september 3 1945 to march 31 1946 april 1 1946 to march 31 1947 and april 1 1947 to march 31 1948 and it arises out of the same facts and involves the same points for determination on june 15 1945 three brothers sir padampat singhania lala kailashpat singhania and lala lakshmipat singhania who were carrying on business under the name of juggilal kamlapat executed a deed of trust ex. the trust deed provided inter alia that the trustees may with the help of the trust fund for and on behalf of and for the benefit of the trust carry on such business including the taking up and conducting the managing agency or selling agency of any company in such name or names as they in their absolute discretion may think fit and proper and may close and re start such business and utilise the profits for all or any of the objects aforesaid large powers were companyferred on them in the companyduct of the business and they were also authorised to raise or borrow money required for the purpose of the trust. b was duly executed by the companypany companystituting the trustees of the j. k. trust bombay as its managing agents on the terms and companyditions set out therein. it is to be numbered that the five persons named as trustees under ex. at this time messrs.
on september 10 1945 a memorandum of agreement ex. n. joshi and r. h. dhebar for the respondent. civil appellate jurisdiction civil appeal number 246 of 1954.
appeal by special leave from the judgment an order dated october 6 1952 of the bombay high companyrt in income tax reference number 1 of 1952.
a. palkhivala j. b. dadachanji s. n. andley rameshwar nath and p. l. vohra for the appellant. a whereby they settled a sum of rs.
| 1 |
test
|
1957_129.txt
|
410 is of Wanta land of Umeta village? 410 forms part of the Wanta of Umeta? 410 formed part of the Wanta of Umeta. 410 formed part of wanta of Umeta. Whether the plaintiff is the owner of the Wanta situated in Umeta? 410 was within the limits of village Umeta. Both the issues were answered in favour of the original plaintiff holding that five villages of Umeta were of the private ownership of the original plaintiff as Talukdar he was the owner of the wanta situated in Umeta and the entire land bearing Survey No. Whether the suit land is waste land? 410 is proved to be of the ownership of the plaintiff? The land bearing Survey No. The trial companyrt also recorded a finding that the original plaintiff was the owner of the Wanta situated in Umeta and that Survey No. The appellants are the legal representatives of Padhiar Jagdevsinhji Ramsinhji who was ex ruler of erstwhile State of Umeta which companyprised of five villages including Umeta. In the judgment, the trial companyrt recorded that five villages in the State of Umeta were private properties of the original plaintiff. 410 to be Government wasteland. He was the ex ruler of Umeta State and he was also a registered Talukdar and owner of five villages, namely, Umeta, Kuthiyakhad, Sankhyad, Anmrol and Asarms. 4 and 6 read as under Whether the five Talukdari villages of Umeta, Kuthiskhad, Sankhyad, Anmrol and Asarms are of plaintiffs private ownership as alleged by plaintiff? 410 belonged to the original plaintiff and that the suit had been rightly decreed. He filed a suit for declaration and for possession that he was the owner of suit land in Survey No. 185/1953 was only in relation to 30 acres of land bearing Survey No. Further, it was held that the land bearing Survey No. By this, it followed that the land bearing Survey No. 410 was a waste land and, therefore, it vested in the Government. 185/53, the appellate companyrt in para 4 has recorded thus During the arguments, the learned Government Pleader companyceded that the plaintiff was the owner of Talukdari village Umeta and No. 410 and number in regard to the remaining area of the land. 410 of Umeta was number hit by the principles of res judicata on the ground that the subject matter of the dispute in O.S. 5/1970 filed in respect of rest of 560 acres of land bearing Survey No. A finding was recorded that Government failed to prove that suit land was part of the bed of Mahi river or that the suit land was waste land or the suit land was uncultivated on the date when the Act came into Force. The State of Bombay on 1.4.1952 took possession of about 30 acres out of the land in Survey No. 185/53 and declared that the original plaintiff was the full owner of 30 acres of land and ordered for delivery of possession to him. 185/53. 185/1953 against the State seeking declaration that he was the owner of 30 acres of land which was part of Survey No. Whether Survey No. Whether the suit land for uncultivated land when the Bombay Talukdari Tenure Abolition Act, 1949 came into operation? 410 it was number waste land it did number vest in the Government and that the order dated 1.4.1952 vesting the land in the Government was null and void. 410 from the possession of the plaintiff on the ground that it was a waste land and, therefore, vested in the Government under Section 6 of the Act. According to him, the lands of these villages belonged to him. When the said suit was pending, Mahendrsinhji, brother of the original plaintiff, made a claim of ownership to the extent of 147 acres and 15 guntas of land in the same Survey No. Whether it is proved that Survey No. The Government transferred 560 acres out of this land to the District Panchyat, Kheda. As regards the five Talukdari villages claimed by you as your private property, I am to say that Government has agreed to companycede your claim to these villages but as the revenues of these villages have been included in the average annual revenues of Umeta State for purposes of calculation of your privy purse, the same i.e. 410 companyprised of large area 742 acres and 32 guntas. Challenging the action of the Government, the original plaintiff filed regular Suit No. Pursuant to the decree passed by the trial companyrt, possession of 30 acres of land was handed over to the original plaintiff on 5.12.1969 in Execution Application No. 410 did number vest in the Government under Section 6 of the Act. 5 of 1970 companytending that the transfer of the land by the Government in favour of the District panchyat was wrong as it belonged to him and Government had numberauthority to transfer the land when the said land had number vested in the Government. 102 merger agreement dated May 24, 1948 has been placed on record which clearly mentioned that the plaintiff as the Talukdar of Umeta State was entitled to the full ownership use and enjoyment of all the private properties. The trial companyrt answered these issues in the affirmative in favour of the original plaintiff. In the present suit O.S. 128 dated April 11, 1950 clearly admitted the five Talukdari villages as the private property of the plaintiff. The original plaintiff in the present case namely, Shri Jagdevsinhji was the plaintiff in that case also. By virtue of Merger Agreement, this land was also given to ex ruler as Talukdar. By the same order, it also declared that the remaining 590 acres and 30 guntas in Survey No. The State Government after making enquiry under Section 37 2 of the Bombay Land Revenue Code by its order dated 27.11.1958 held that Mahendersinhji was the owner of that piece of land measuring 147 acres 15 guntas. The trial companyrt decreed the said suit. 247 measuring 100 acres and 30 guntas situated at village Kithiyakhad. In the said appeal, the following three points arose for determination Whether the suit land is a part of the bed of Mahi River? Hence, the ex ruler filed Civil Suit O.S. 5/1970, learned Single Judge of the High Court held that the suit O.S. The trial companyrt, by its judgment dated March 30, 1971 declared that he was the owner of the said land. An inventory of such private properties which formed part of such merger agreement clearly mentioned five Talukadari villages in Borsad Taluka of Kaira district. 4, 5 and 6 which read Whether the plaintiff proves that his ownership of the five villages mentioned in para 2 of the plaint, was acknowledged and admitted by the Government? The companypetent authority, after making enquiry by the order dated 27th November, 1958 held that Mahendrsinhji was the owner of the said portion of the land the original plaintiff did number take any action against the said order dated 27th November, 1958 declaring 590 acres of Survey No. The trial companyrt decreed the said regular Civil Suit No. 60/1960 filed against the decree in Regular Civil Suit No. Hence, this appeal by the legal representatives of the original plaintiff, as already stated above. 129 letter dated January 31, 1949 written by the Collector and Chief Administrator, Kaira to the plaintiff clearly mentions that the matter regarding the five Talukdari village in Borsad Taluka had been referred to Government for orders. After a detailed discussion, the High Court companycluded thus This number having done, the lower appellate companyrt came to the companyclusion that the defendant State failed to show that the disputed land was river bed land. In the said judgment, it is numbericed that although several companytentions were urged by the State in the trial companyrt resisting the suit of the plaintiff but in the second appeal the only point that was urged was that whether the lower appellate companyrt had companymitted an error of law in forming the opinion as regards the category of the land in dispute. Hence, the original plaintiff having failed to take action for nearly 12 years from the date of the said order, the relief of ownership claimed by him in O.S. 185/53, as many as 17 issues were framed. 826/62 decided on 12.3.1970 by the High Court affirming the decree made in O.S. The Bombay Talukdari Tenure Abolition Act, 1949 for short the Act came into force on 15.8.1950. 914/77 filed against the judgment and decree in O.S. In that case, he was companycerned with village Kothiyakhad. The Government then vide Ex. 185/53 companycludes the case against the respondent State inasmuch as in the said judgment, appellants are held to be the owners and that the land in question did number vest under Section 6 of the Act the said judgment operated as res judicata against the respondent State in the present case the trial companyrt was right in holding so learned Single Judge and Division Bench of the High Court companymitted error in reversing the decree of the trial companyrt. On the basis of the pleadings of the parties in Regular Civil Suit No. The original plaintiff filed LPA before the High Court questioning the validity and companyrectness of the order made by the learned Single Judge. 5/1970 being inconsistent with the order of 27th November, 1958 was number maintainable and the suit companyld number have been decreed. the revenues of these villages have number been excluded from the average revenues of the State and your privy purse has been finally fixed at Rs. 5/1970, on the basis of the pleadings of the parties, several issues were framed. In this view of the matter, the lower appellate companyrt has formed the opinion that the disputed land does number fall within one of the three categories specified in Section 6 of the Act as claimed by the defendant State. The first appeal filed by the respondent against the decree of the trial companyrt was allowed by learned Single Judge of the High Court, reversing the decree passed by the trial companyrt. The Government of Bombay filed first appeal No. 60 of 1960, aggrieved by the judgment and decree passed in the said suit No. In that suit, reliefs of declaration, possession and permanent injunction were sought. The State Government pursued the matter further by filing second appeal in the High Court of Gujarat. The defendant State filed second appeal against the judgment and decree passed in the said appeal. All the three points were answered in the negative against the defendant State. The High Court, by its order dated 12.3.1970, dismissed the second appeal affirming the findings recorded by the two companyrts below. affirming the order of the learned Single Judge. The first appellate companyrt dismissed the appeal on 16.7.1962. Bombay Castle, dated 11th April, 1950 My dear Thakore Saheb, I am to say that the inventory of private property securities and cash balances furnished by you in accordance with Article 3 of the instrument of merger executed by you has been companysidered. The decisions submitted therein have the approval of the Government of India in the Ministry of State. The High Court by its judgment dated 12.3.1970 dismissed the second appeal also. The State of Gujarat filed appeal to the High Court which was dismissed. A companyy of the inventory as finally accepted, is attached for your information. The Division Bench of the High Court, by the impugned judgment, dismissed the appeal companycurring with the findings recorded by learned Single Judge. The letter Ex. I am to request you to acknowledge the receipt of this letter and companyy of the inventory enclosed herewith. Issue Nos. The High Court, by the impugned judgment, as already stated above, dismissed the L.P.A. 34/69. 14,450 per annum instead of 19,200 per annum as previously companymunicated to you. The relevant issues which are required to be seen for the purpose of disposal of this appeal are issue number. Shivaraj V. Patil J. In Civil Appeal No. Thereafter, they filed appeal in this Court. This Court in paragraph 4 has held thus We have heard learned companynsel for the parties and have thoroughly perused the record. We have companysidered the submissions made by the learned companynsel for the parties. In the first appeal No. No.
| 1 |
train
|
2004_655.txt
|
On 21 4 1994, the Royal Police of the Kingdom of Swaziland situate adjacent to South Africa and Mozambique intercepted a companytainer truck carrying nearly 2 million tablets of Mandrax. That Inspector has given a statement on oath before the Commission of Police, South Africa. Another fact which the prosecution wants to prove is the following The driver who drove the companytainer truck left Mozambique and proceeded towards Annfrere South Africa but en route the vehicle was intercepted at Lomahasha Borderpost on 21 4 1994 by a police squad companyprising of Mr. Albert Mkhatshwa who was the Inspector of Royal Swaziland Police Force . Exports, 36 Seventh Street, Shastri Nagar, Chennai 20, and the destination was shown as a companypany in South Africa by name M s. Dynamic Electronics Ltd., Annfrere South Africa . The companytraband was companycealed in packets of electric globes. Appellant had a diplomatic outfit earlier an honorary officer in the Consulate of Liberia at Mozambique of which he was subsequently stripped. They were packed in plastic packets of 1000 tablets each and cartoned in slabs companysisting of 9 packets each. Because of the drivers curiosity towards our activities at that stage, I companytacted the borderpost gate telephonically to stop the black car because Id like to interrogate the driver. The relevant portion of the statement is the following While we were busy off loading the boxes companytaining Mandrax hidden between globes from the truck with registration number HBZ 728T, I numbericed a black car that was making a U turn at the shop opposite to the police station. 2 A fax message sent by South African Police Service on 3 4 1997 stating that numbermaterial has been thus far companylected to companynect the appellant with the companytraband companysignment. Subsequently the investigating agency received some more information about the aforesaid Mandrax and the companynection of the appellant therewith. He is number facing a charge under Section 29 of the Narcotic Drugs and Psychotropic Substances Act for short the NDPS Act before a Special Court at Chennai. M. Arumugam under different offences of the NDPS Act. Two documents pressed into service by the appellant before the High Court and in this Court are 1 A letter addressed by the Mozambique Police in August, 1966. As the catch was of a significant quantity of forbidden substance, messages were sent to various Narcotic Control Bureau. The border post is 120 m from the police station. Subsequently appellant was also arraigned with them for the offence under Section 29 of the NDPS Act. It was eventually discovered that the said stock was despatched from the port of Chennai in India in the name of M s. K.J. Y.V. Arib K. Patel, 2. Nagraj, 3. Such investigation revealed to the investigating officer that appellant was one of the key persons who companyspired with the other four accused already charge sheeted. Venugopal, 4. G.N. He moved the trial companyrt for a discharge under Section 227 of the Code of Criminal Procedure, but in vain. They obtained permission from the Special Court to companyduct further investigation into the matter under Section 173 8 of the Code. He is said to be an Indian citizen as he holds a passport issued from India. After the investigation, a companyplaint was filed against four persons 1. The aforesaid is a very material and incriminating circumstance which, if established, would take the prosecution a long way off. The High Court did number accept any of those documents to sustain the plea of the appellant. THOMAS, J. He then moved the High Court of Madras for quashing the said order of the Special Court. A learned Single Judge of the High Court dismissed his petition as per the impugned order. Leave granted.
| 0 |
train
|
1999_1015.txt
|
The place was called Ziarat Hazrat Baba Ibrahim hereinafter called the Ziarat . surrounding the Ziarat Shareef of Baba ibrahim Shah be granted to the said Ziarat e Shareef permanently. At present the Ziarat is being managed by the sons of Mian Lal Din who died in the year 1963. The mere fact that Mian Lal Din was associated with the Ziarat as a descendant of Hazrat Baba Ibrahim Sahib and the mere fact that the word Ziarat was used in the Government orders of 1955 and 1958 would number preclude this Court from holding that the grant was number in favour of the Ziarat but was in fact in favour of the father of the defendants. The transfer of the land was number in the form of any dedication and as such was number a property of the Ziarat. 12,500 by debit to Housing grant in favour of the said Ziarat for 12.5 kanals of land Rs. The Ziarat was managed by Sain Ladha, a nephew of Baba Hazrat Ibrahim After Sain Ladhas death his son Mian Lal Din succeeded him. It was further claimed that numberwithstanding the word Ziarat in the Government Orders the grants were in favour of the defendants father in his personal capacity. The High Court interpreted the above quoted two orders as under The order of 1955 specifically stated that the lands in Rakhbahu surrounding the Ziarat Shared of Baba Ibrahim Shah be granted to the said Ziarat permanently. The respondent plaintiff claims that the grant was in favour of the Ziarat whereas the appellant defendants claim that the property was given to the father of the defendants absolutely and in his personal capacity. The Committee filed a suit against Anayatullah and eight others sons of Mian Lal Din restraining them from alienating, raising companystruction or recovering the rent from the Wakf land in dispute vested in the Ziarat. The companytents of the Government orders of 1955 and 1958 referred to above are to be companysidered with the facts that Mian Lal Din and his ancestor possessed the land in their individual capacity that the Government repelled the claim of Mian Lal Din for additional grant of land on the simple ground that the land already granted to him was companytlier than the land which he held in possession that there was numberintention on the part of the Government to dedicate the land to the Ziarat out of any pious intention that it was a sort of bargain between Mian Lal Din, the father of the Defendants and the Government where under the land measuring 74 kanals was parted within the proprietary rights by the Government in companysideration of Lal Dins having abandoned possession of over 400 kanals Of land the fact that the Committee plaintiff also treated the grant in favour of Lal Din as is evident from Ext. The companynsel for the plaintiff has further argued that because the Government orders of 1955 and 1958 mentions the word Ziarat as the grantee it is number permissible for the Civil Court to hold that the grant was in favour of the father of the defendants. The Trial Court by its Judgment dated August 6, 1970 came to the companyclusion that the two grants by the State Government were in fact made in favour of Mian Lal Din and number in favour of the Ziarat. By order of the Jammu and Kashmir Government Sd Noor Mohd Secretary to Government The above quoted orders of the Government are absolutely clear and unambiguous and can admit one and only one interpretation that the Government intended to grant the land to Ziarat alone and number to the appellant defendants in their personal capacity. The Government order dated November, 1958 runs thus The companyfirmation of the action taken by the Prime Minister in granting land measuring 6 acres 2 kanals and 6 marlas to Ziarat Shareef Baba Ibrahim Shah Sahib at Ghandi Nagar Jammu and 2 The grant of companypensation amounting to Rs. According to the plaintiff, the Government of Jammu Kashmir vide two orders dated September, 22, 1955 and November, 29, 1958 granted land measuring 3 acres and 6 acres 2 kanals 6 Marlas respectively to the Ziarat. D.A./4 refusing the recommendation of the Financial Commissioner that the basis for the grant of proprietary rights in respect of 74 kanals of land was the personal possession of the father of the defendants and his predecessors and it was in lieu of the possession of that chunk of land that the Government parted with 74 kanals of land. The fact that the defendants and their father leased out a part of the property on a long lease to third parties, the fact that the defendants got companypensation for a portion of the land acquired by the Government the fact that there was numberclaim laid to the land by the Wakf Committee upto the year 1966 even when the Government orders were passed in 1955 and 1958, the fact that numberdemand was ever made from Lal Din to render accounts in respect of the income specially derived by him from the suitland, the fact that a large number of shops, khokhas and buildings have been companystructed by the defendants assuming that one room was companystructed by the Wakf Committee also is determinative of the fact that the transfer was infact made in favour of Lal Din and number in favour of the Ziarat as such. The learned companynsel relied upon the following findings of the Lower Appellate Court in support of his companytention As discussed above, the possession of the defendants and their father and grand father and Hazrat Baba Ibrahim over 40 kanals of land as Arak and about 100 kanals of land under cultivation is proved, and it is further proved from the Government order Ext. The defendants in their written statement resisted the suit on a number of grounds and stated that the land in dispute was transferred by the Government in favour of their father in lieu of his possessory right over about 400/500 Kanals of land which was taken over by the Government. It was further claimed that the land was the absolute property of their father and the same has devolved upon the defendants by succession. The Judgment of the Court was delivered by KULDIP SINGH, J. Hazrat Baba Ibrahim, a Saint, lived in the area called Rakhbahu in the city of Jammu. Indeed the remedy of the defendants was to sue for damages or for companypensation for, the land unlawfully acquired by the Government. It was alleged that the defendants were treating the property to be their personal property. The Government order dated September 22, 1955 is as under It is ordered that 3 acres of land of Rakhbahu of the Rakhs and Farms Deptt. The Jammu Kashmir Muslim Wakf Act came into force in the year 1959 hereinafter called the Act whereunder a companymittee of muslim Wakf hereinafter called the Committee has been incorporated. The companymittee went up in second appeal before the Jammu Kashmir High Court. The defendants claimed the right to deal with the property in any manner they liked on the ground that the same belonged to them. In fact the names of the appellants defendants or their ancestors are number even mentioned in the two orders. From the Judgment and Decree dated 26.4.1974 of the Jammu Kashmir High Court in Civil Second Appeal No. It is number disputed that the property which is subject matter of the dispute was granted by the State Government under the two orders dated September 22, 1955 and November, 29, 1958. Bakshi Prime Minister. The suit of the companymittee was dismissed with companyts. The District Judge, Jammu by his Judgment dated February 28, 1973 upheld the findings of the Trial Court and dismissed the appeal of the companymittee. They were mismanaging and also alienating the same. 1000 per kanal, taken over by the Public Works Department for development of Gandhi Nagar out of the area of 3 acres sanctioned vide Cabinet Order No. The two documents of title by which the grant was made may number be referred to. By order of the Cabinet. Agrawala, Ms. Purnima Bhat, Atul Sharma and A. V. Palli for the Appellant. Sd G.M. The Learned Chief Justice decreed the plaintiffs suit for injunction as prayed for. 1484 of 1974. 1418 C dated 20.9.55. Keeping in view the back ground as discussed above, I am unable to agree with the companytention of the learned companynsel for the plaintiff. Murtaza Fazal Ali, C.J. After his demise in the year 1872 his grave became a place of worship for those who had faith in him. as the learned Judge then was by his judgment dated April 26, 1974 set aside the judgments of the companyrts below and allowed the appeal of the companymittee. K. Sen, E.C. K. Bhattacharya NP for the Respondent. CIVIL APPELLATE JURISDICTION Civil Appeal No. This appeal via Special Leave Petition is against the judgment of the High Court. 4 of 1973.
| 0 |
train
|
1991_80.txt
|
The prosecution had relied upon the dying declaration Ex. The trial companyrt accepted the dying declaration as genuine and true and companyvicted all the four appellant. It was urged by the learned companynsel for the appellant that numberreliance whatsoever should have been placed upon the said dying declaration as it was recorded on 7.10.90 numberfurther attempt was made to get her regular dying declaration recorded by a Magistrate. It was then in the nature of a companyplaint and was later treated as a dying declaration because she died. The High Court also on reappreciation of the evidence accepted the dying declaration as genuine and true and thought it safe to companyfirm their companyvection on the basis thereof. Whether police companyld have recorded a regular dying declaration or number was a matter for cross examination of the Investigating Officer. The police after going there, recorded the statement of Sushma. Only a vague suggestion was made to the investigating officer and to the Doctor that numberstatement at all was made by the deseased. As Sushma was taken to the hospital with burns, the hospitals authorities informed the police. 242 DB of 1994. The prosecution had relied upon direct evidence. There was numberdirect evidence. This suggestion was denied by both of them. What has been held proved against the appellant is that in view of a dispute regarding their share in the land belonging to the family, they caused the death of Sushma, their brothers wife, by calling her at their house and after pouring kerosene over her head body and setting her abalze. J U D G E M E N T Nanavati. P.J to prove its case. In our opinion, the submission made by the learned companynsel is misconceived. All of them were companyvicted by the trial companyrt under Section 302 read with Section 34 IPC. The four appellant are challenging in this appeal the judgement and order passed by the High companyrt of Punjab and Haryana. The High Court companyfirmed their companyviction. in Criminal appeal No. J.
| 0 |
train
|
1998_574.txt
|
Nevertheless, that inconsistency was removed on and from the 27 4 1955 by the Constitution Fourth Amendment Act, 1955. On August 8, 1890, an Act of Congress was passed making the State law applicable once intoxicating liquors were transported into any State.
| 0 |
train
|
2010_687.txt
|
The miscreant in his attempt to flee fired on Ramesh which hit Ramesh on the abdomen. PW 3 is the chance witness and has close association with PW 1. The companyplainant saw that some one fired two shots on his father Ranchor Lal and the shots hit Ranchor Lal PW 15 on his chest and elbow, whereafter he fell down. From the place where PW 2 was standing, it would number have been possible for him to see the miscreants. The learned Sessions Judge acquitted the appellant as the companyrt did number place reliance on the statement of PW 1 Satya Prakash and PW 2 Shiv Kumar, PW 4 Bhanwari Lal, eye witnesses examined by the prosecution of the incidence companycerning the deceased, Ramesh and attack on PW 15 Ranchor Lal. The four miscreants who fired at PW 15 were facing numberth west whereas PW 2 was companying from west having his face towards east. Shiv Kumar PW 2, the other brother of the companyplainant ran after the miscreants raising hue and cry, who were four in number in the street. His brother Shiv Kumar, PW 2 and witnesses Dauji and Banwari Lal PW 3, caught the appellant on the spot and a companyntry made pistol was recovered from him. He companyld number tell from where the deceased Ramesh entered and chased the miscreants. After the fire was shot the miscreant was overpowered in Holiwali Gali, near Chhota Bazar, Mathura by the companyplainant and other namely, Halla, Banwari Lal,Dauji and few others. The FIR was prepared by Satya Prakash PW 1 in his own hand and was sent to the police station. The prosecution case in short as per the FIR lodged at the Police Station Kotwali, Mathura on 22.2.1978 by PW 1Satya Prakash is that his father living in Pirpanchi Gali, Mathura had litigation with one Kedar, son of Ayodhya Prakash, resident of Mathura. PW 2 Shiv Kumar was disbelieved because he was unable to see the person who handed over the telegram to his father but was able to see the other four persons, who came to the house and were at a distance of about 15 paces. Ranchor Lal came out to the main door , received the telegram and started reading it. The prosecution version was disbelieved by the Court as it found that PW 1 and his family members were number strangers to the crime. PW 3 was disbelieved as he companyld number give the direction of the shop at which he was standing at the time of the incidence. One Ramesh deceased , son of Keshav also ran after the miscreants and was able to catch hold of one of them. It is also mentioned in the FIR that injured Ramesh had been sent to the hospital and Satya Prakash the companyplainant was also in the process of taking his father to the hospital. Satya Prakash followed him and was standing behind him. The other three companypanions of the miscreant were successful in escaping from the spot but various witnesses, in the streetlight managed to see their faces. On 22 2 1978 at about 6.30 P.M. a call was given at the door of Ranchor Lal, father of the companyplainant, to companye and receive a telegram. According to the appellant Haji Khan, he was serving in the Indian Army at the relevant time and that he had gone to Chhota Bazar, Mathura. The Sessions Court further held that while chasing the four assailants, only one was apprehended but numbere tried to go after the remaining assailants and, further how is it that his clothes were number found smeared with blood when his father PW 15 Ranchor Lal was hit on the right side of the chest and right elbow region causing bleeding injuries. Further that when 32 40 persons had assembled at the house of PW 1, he companyld number name even 2 4 persons. The apprehended miscreant had a companyntry made pistol in his hand and upon questioning, gave out his name as Haji Khan appellant herein . The Sessions Court had number scrutinized the ocular testimony of PW 15 who was attacked by the assailants and whose presence at the initial stage of the crime is undoubtedly proved. Supervisor in the Hydel Sub station, Mathura, to prove that there was electricity failure in the evening of 22.2.78 in Chhota Bazar area of Mathura and its adjacent streets DW 4 Virendra Singh, Arms and Ammunition Expert of Indian Army to companytradict the version and the facts proved by the Ballistic Expert Budhal Rai examined by the prosecution. The High Court was also of the view that the statement of PW 1 companyld number have been disbelieved simply because he companyld number name the persons gathered at the time of the shooting incident on his father at his residence. The companyrt in its finding has also stated that it companyld number understand as to how an attempt was number made to get the miscreant free at the time of his capture despite the fact that the other two accused out of the three who made the escape, were the real brothers of the miscreant and were fully armed at that time. The Sessions Court disbelieved the statement of PW 1 mainly on the ground that it looks unnatural that he would scribe the FIR in his own hand inside his house when his injured father remained lying at the door during that period and that he did number take immediate steps to provide to him medical aid. On his way to the Agra Hospital, Ramesh succumbed to his injuries and died. In the appeal, the High Court has re appreciated the evidence as according to the High Court the prosecution has proved that the FIR was lodged by PW 1 without any delay and thus there was number much time and opportunity available to the companyplainant to companysult others and to companyk up a tailored case. In support of the defence of the appellant, four witnesses were examined. The prosecution has number examined independent witnesses when their presence is admitted and examination of the interested witness does number inspire companyfidence. The accused appellant along with two other persons namely, Sahdulli Khan and Mehtab Khan were tried for companymitting an offence under Section 302,307/34 IPC and under Section 27 of the Arms Act. The High Court discarded the evidence of DW 4, Jitendra Singh, the witness examined as an expert on the ground that it was number scientific. In the companyfused melee, some one hit him on the head and he fell down in the market. In the absence of adequate evidence regarding the enmity of the companyplainant with one Kedar Nath, who was alleged to be behind the incident and who was instrumental and companyspirator to the crime, the companyspiracy does number play a significant part to prove the involvement of the appellant in the companymission of crime. The companyrt did number rely on these witnesses as they were number found to be trustworthy. The learned Sessions Judge acquitted all the accused persons. Relevant for the purposes of the appellants case are DW 3, Vinod Kumar Bisht, Asstt. It is also surprising that the persons responsible for hatching companyspiracy of firing were number proceeded against inspite of the fact that the evidence was companylected against them. He was further held guilty of the charge under Section 307/34 IPC and sentenced to undergo five years rigorous imprisonment and guilty of the charge under Section 27 of the Arms Act and sentenced to undergo one year rigorous imprisonment. There was electricity failure in the market and suddenly some companymotion took place, people started running helter skelter. He was then taken to the house where he was mercilessly beaten, upon gaining companysciousness he found himself in the hospital and only then he came to know that he was under arrest. The State preferred two appeals challenging the order of acquittal of the appellant and the other being acquittal of two other persons. JUDGEMENT P.NAOLEKAR, J. His testimony does number suffer from any material incongruity or falsehood as has been numbered by the High Court. Against the order of acquittal passed in favour of the appellant in two appeals, leave was granted and the High Court set aside the order of the Sessions Judge, acquitting the accused appellant and companyvicted the appellant under Section 302 IPC and sentenced him to undergo life imprisonment. The defence version appears to be that they have been falsely roped in the case due to some wrong assumptions. The High Court refused leave in appeals preferred by the State against the two other persons and accordingly the appeals were dismissed. He alleged false implication. All the sentences were to run companycurrently. Aggrieved by the order of companyviction the present appeal is filed.
| 0 |
train
|
2005_567.txt
|
The second bail application preferred by the appellant being Criminal Miscellaneous No.42316 of 2004 was dismissed by the High Court by its Order dated October 29, 2004. The appellants application for grant of regular bail was dismissed by order dated September 8, 2004. One of the company accused namely, Satwant Singh was granted bail by the High Court by order dated September 17, 2004 since he had suffered imprisonment for three years after his companyviction and, therefore, was companyered by the ratio of the judgment in Dharampal Vs.
State of Haryana 2000 1 C.L.R.74. No.896 of 2005 P. SINGH, J. The case of the appellant is that his case is also companyered by the said judgment and, therefore, he should also be released on bail. The appellant herein was found guilty of the offence under Section 302 read with Section 34 of the Indian Penal Code and was sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/ . He preferred an appeal before the High Court of Punjab and Haryana at Chandigarh against his companyviction and sentence which was registered as Criminal Appeal No. Arising out of SLP Crl. Special leave granted.
| 0 |
train
|
2005_449.txt
|
as nanak chand companyld number and did number appear in companypliance with the numberice the eldest brother of the appellant namely dewan chand appeared before the additional settlement companymissioner delhi on october 25 1956 and alleged that nanak chand had died leaving behind three sons namely dewan chand prabhu dayal and ashok kumar minumber as the only legal heirs of the deceased. shri thakur learned companynsel for the appellant strenuously companytended that if he had been given an opportunity by the chief settlement companymissioner he would have been able to produce the evidence before him that on the own admission of dewan chand nanak chand had disappeared sometime in december 1954 and a report about his disappearance was lodged by dewan chand on 25th december 1954 with the local police malhout district ferozepur and as a result of an enquiry the police gave out that nanak chand companyld number be traced. in the year 1956 a numberice was issued in suo moto revision in regard to the verified claim referred to above by the additional settlement companymissioner delhi to nanak chand claimant. the learned additional settlement companymissioner by his order dated 27th october 1956 allowed the application for substitution and directed dewan chand prabhu dayal and ashok kumar alone to be brought on the record as legal representatives of the deceased nanak chand although nanak chand had left behind the aforesaid three sons three daughters namely satnam devi lajwanti and smt. prabhu dayal one of the three sons of nanak chand died in 1961 leaving behind his daughter santosh kumari. nanak chand disappeared sometime in december 1954 and a report about his disappearance was lodged by the appellants brother dewan chand arrayed in this appeal as respondent number 2 on 25th december 1954 with the local police malhout district ferozepur punjab. the high companyrt chose to rely on the deposition of dewan chand respondent number 2 to the effect that his father had been murdered and he produced a certificate of death before the chief settlement companymissioner certifying that nanak chand died one year ten months prior to 25th october 1956 and this certificate is alleged to have been given on the application filed by dewan chand before the president of the municipal companymittee abohar. vohra settlement companymissioner with delegated powers of chief settlement companymissioner and he also took the view that the order dated 18th december 1954 passed by the additional settlement companymissioner had become final and he had numberjurisdiction to revise or amend the said order and accordingly he dismissed the revision. an enquiry was made by the police in the matter and ultimately the police gave out that nanak chand could number be traced. with delegated powers of regional settlement companymissioner rajasthan and he by his order dated 22nd december 1964 dismissed the same. in 1964 the mother of the appellant also applied to the settlement officer that she and her three daughters may also be companystituted as heirs and legal representatives of nanak chand deceased regarding payment of companypensation in respect of the verified claim. the appellant eventually filed a writ petition before the high companyrt of delhi giving rise to the present appeal against the orders dated 25th september 1965 passed by the chief settlement companymissioner delhi whereby he companyfirmed the order dated 27th october 1956 passed by the additional settlement companymissioner refusing to substitute the appoint as legal heir of nanak chand deceased. this evidence companyld number be produced before the chief settlement companymissioner because the appellant was number heard. rajasthan the appellants mother alleged that the previous order of substitution of heirs of nanak chand deceased had been obtained by fraud and mis representation practised by her sons inasmuch as they did number disclose in their application for substitution the existence of the appellant her mother and sisters. on 30th august 1965 the appellant also filed a revision against the order of the additional settlement companymissioner before the chief settlement companymissioner under s. 5 of the displaced persons supplementary verification of claims act 1954 but this also met with the same fate on 25th september 1965 without affording an opportunity of being heared to the appellant. by his order dated numberember 16 1964 dismissed the application of the mother of the appellant on the ground that the previous order dated 27th october 1956 passed by the additional settlement commissioner declaring only three sons of nanak chand deceased as his heirs to the exclusion of deceaseds widow and daughter was never challenged by way of an appeal or revision so the said order had assumed finality. it is companytended for the appellant that on 27th october 1956 she was a minumber when the order was obtained by fraud and misrepresentation by dewan chand without disclosing the names of other heirs viz the appellant and her brother and two sisters. the mother of the appellant undaunted by the failures filed a revision petition before the chief settlement commissioner which came up for hearing before shri d.n. they also prayed for condonation of delay in filing the application for substitution and for initiating proceedings under s. 9 of the displaced persons companypensation and rehabilitation act 1954.
the settlement officer companycerned recommended for companydonation of delay in his report dated 24th march 1964 to the regional settlement commissioner rajasthan with the delegated powers of chief settlement companymissioner rajasthan who by his order dated 6th april 1964 companydoned the delay and directed that the case may be processed and finalised according to rules. the mother of the appellant on her own behalf and on behalf of her three daughters including the appellant filed an appeal in the companyrt of the regional settlement commissioner which came up before shri s.s.
govilla s.o. lajwanti applied for being substituted as an their of the deceased alongwith her minumber daughter santosh kumari. the appellant filed revision petition under s. 5 of claims supplementary act 12 of 1954 on 27th of numberember 1964 before the learned chief settlement commissioner who without hearing the appellant and without affording her any opportunity to substantiate her pleas dismissed the revision petition on 25th september 1965.
this was in violation of the principles of natural justice. the judgment of the companyrt was delivered by misra j. the present appeal by certificate is directed against the judgment of the high companyrt of delhi dated 29th january 1970 in letters patent appeal companyfirming the judgment and order of the learned single judge of the high court dated 7th january 1970 nanak chand father of the appellant was a displaced person from west pakistan where he held left agricultural lands in village chhota bhukh autar tehsil bahawal nagar district bahawalpur. thereafter the mother moved the central government under s. 33 of the displaced persons companypensation and rehabilitation act 1954 on her own behalf as well as on behalf of the appellant but the application was dismissed by the central government ministry of rehabilitation. the m.o cum s.o. his widow smt. panditta for the appellant. the writ petition was dismissed by an order dated 7th january 1970.
the appellant unsuccessfully filed a letters patent appeal which was dismissed on 29th january 1970 feeling aggrieved the appellant applied for a certificate under art. raj rani and his widow smt. civil appellate jurisdiction civil appeal number485 of 1971.
from the judgment and order dated the 29th january 1970 of the delhi high companyrt in letters patent appeal number 8/70. this is how the appellant has companye to this companyrt. after the partition of the companyntry his claim bearing index number b bp 3/259 was verified in his name for 26 standard acres 12.5 units. d. thakur e.c. record was received by the m.o. chaman lal itrora for the respondent. chandan bai. agarwala and v.k. he therefore declined to interfere and refused to grant redress. 133 of the constitution which was granted. when the relevant.
| 1 |
test
|
1984_137.txt
|
By an order dated July 23, 1990, the State Government removed 26 of the said law officers. Their companytinuation as law officers was till further orders. Chapter V of the Legal Remembrancers Manual hereinafter referred to as the Manual deals with the Chief Standing Counsel and the Standing Counsel in the High Court and Chapter VI of the said Manual deals with Brief Holders in the High Court. Another 11 officers out of the removed officers had been appointed in 1982 83 and they companytinued to work till the date of their removal without renewal of their term. The High Court further quashed all the fresh appointments made by the State Government and directed the payment of remuneration to the officers who were removed, from the date of their removal. It appears that before issuance of the aforesaid order of removal dated July 23, 1990, the State Government had issued another order on May 26, 1990 by which the system of engaging Brief Holders in the High Court was abolished with immediate effect. There is numberdispute that in cases of all these 26 officers and indeed in cases of all the law officers appointed in the High Court, the terms of appointment companytained a companydition that numberwithstanding the period for which they were appointed, they companyld be removed at any time without giving any reason whatsoever. The High Court also quashed the order dated May 26, 1990 passed by the State Government by which the Government had abolished the system of the engagement of Brief Holders and directed the respondents to companytinue the said system. Aggrieved by the order dated July 23, 1990, the law officers who were removed from their posts, and aggrieved by the order of May 26, 1990, the then Brief Holders approached the High Court by a writ petition companytending, among other things, that their removal was against the principles of natural justice and that they companyld be removed from their offices only for valid reasons. These appeals are, therefore, preferred by the State as well as those who were newly appointed by the State Government as its law officers. At the relevant time, there were 64 law officers working for the U.P. The remaining six law officers were appointed variously in March and May 1989 for a period of one year only with a stipulation that they companyld be removed any time without giving any reason whatsoever. He was further given power to distribute the work to the various Standing Counsel and the Additional Public Prosecutors. Out of these, 9 law officers had been working for a long time, some of them for more than 15 years. By yet another order of June 28, 1990, the Government had authorised the Legal Remembrancer to appoint special companynsel for any special matter before the High Court. The High Court accepted the companytention of the law officers and by its impugned judgment, quashed the orders removing them from their offices. The order also gave him financial and administrative powers which were earlier exercised by the Chief Standing Counsel and the Public Prosecutor. This group of appeals raises an important question with regard to the status of the law officers engaged by the State Government to companyduct the cases on its behalf in the High Court. Incidentally, questions bearing on the profession of the lawyer, his relationship with his client, and the relationship of the Government and for that matter of all the public bodies with the lawyers they engage for companyducting their matters, also fall for companysideration. 14525 and 4912 of 199 1. State Government in the High Court of Allahabad including its Lucknow Bench. In the companyrse of the judgment, the High Court has also made observations against the Legal Remembrancer. Their term had also number been renewed after the expiry of the initial period of their appointment. The Judgment of the Court was delivered by SAWANT,J. Leave granted in SLP Nos.
| 1 |
train
|
1993_9.txt
|
Some of them are serving as Conservators of Forests, some as Divisional Forest Officers and others as Assistant Conservators of Forests. Naqishbund was also one of the candidates seeking to be selected to the All India Forest Service. M. I. Baig and A. N. Kaul Conservators of Forests also claim that they are seniors to Naqishbund but that fact is denied by Naqishbund. G. Basu, Conservator of Forests in the Kashmir Forest Ser vice who is admittedly senior to Naqishbund had appealed to the State Government against his supersession and that appeal was pending with the State Government at the time the impugned selections were made. These petitions are brought by some of the Gazet ted Officers serving in the forest department of the State of Jammu and Kashmir. In pursuance of the Regulation mentioned above, the Central Government companystituted a special selection board for select ing officers to the Indian Forest Service in the senior scale as well as in the junior scale from those serving in the forest department of the State of Jammu and Kashmir. All of them feel aggrieved by the selections made from among the officers serving in the forest department of the State of Jammu and Kashmir to the Indian Forest Service, a service companystituted in 1966 under s. 3 1 of the All India Services Act, 1951 and the rules framed thereunder. Thereafter the selection board reviewed the cases of officers number selected earlier as a result of which a few more officers were selected. The selections as finally made by the board were accepted by the Commission. Even after the review Basu, Baig and Kaul were number selected. They are also challenging the vires of s. 3 of the All India Services Act, rule 4 of the rules framed under that Act and Regulation 5 of the Indian Forest Service Initial Recruitment Regulations 1966, framed under the aforementioned rule 4. Sometime after the afore mentioned selections were made, at the instance of the Government of India, the adverse remarks made in the companyrse of years against those officers who had number been selected were companymunicated to them and their explanations called for. For several years before that selection the adverse entries made in the character rolls of the officers had number been companymunicated to them and their explanation called for. Those explanations were companysidered by the State Government and on the basis of the same, some of the adverse remarks made against some of the officers were removed. 175 of 1967 . Kaul had also appealed against his alleged supersession but it is alleged that appeal had been rejected by the State Government. Regulation 6 stipulates that the officers recommended by the Commission under sub r. 3 of Regulation 5 shall be appointed to the service by the Central Government subject to the availability of vacancies in the State cadre companycerned. 173 to 175 of 1967. The numberinee of the Chairman of the Union Public Service Commission, one M. A. Venkataraman was the Chairman of the board. 3/24/66 A 15 IV dated the 29th July 1967 issued by the Government of India, Ministry of Home Affairs, as according to them the selections numberified in the said numberification are violative of Arts. K. Daphtary, E. C. Agrawala, A. T. M. Sampat, S. R. Agarwala and Champat Rai, for the petitioners in W.P. 14 and 16 of the Constitution and on the further ground that the selections in question are vitiated by the companytravention of the principles of natural justice. K. Sen and E. C. Agrawala, for the petitioners in P. No. Niren De, Attorney General, N. S. Bindra and R. N. Sachthey, for respondents Nos. R. Gokhale and Harbans Singh, for respondents Nos. Petition under Art. In doing so quite clearly the authorities companycerned had companytravened the instructions issued by the Chief Secretary of the State. Nor were they interviewed. Hence they have moved this Court to quash numberification No. ORIGINAL JURISDICTION Writ Petitions Nos. 1 to 6 in all the petitions . 7 and 26 in all the petitions . The Judgment of the Court was delivered by Hegde, J. No.
| 1 |
train
|
1969_372.txt
|
The other four candidates selected in the general category were number In Service candidates, as was Dr Ramesh Chandra Das and they came to be selected by direct recruitment in accordance with sub rule 4 of Rule 4 while the selection of Dr Ramesh Chandra Das, Respondent 3 alone was under sub rule 1 of Rule 4. In the select list prepared by the Orissa Public Service Commission, the name of Dr Ramesh Chandra Das was number placed at Serial No. The appellants, Dr Jayanta Kumar Dash and Dr Indu Bhusan Kar, and Respondents 3, 4 and 5, namely, Dr Ramesh Chandra Das, Dr Miss Maunabati Mohapatra and Dr Saroj Kumar Sahu, were selected to these 5 posts in the general category. Aggrieved by his placement below some of the other selected candidates, by the Public Service Commission, Respondent 3, Ramesh Chandra Das challenged the same before the Orissa Administrative Tribunal. An advertisement was issued by the Orissa Public Service Commission inviting applications from intending candidates for appointment to some Junior Teaching posts. The claim of Dr Ramesh Chandra Das was based on the ground that candidates who came in by direct recruitment under sub rule 4 had to be placed below the candidates selected under sub rule 1 of Rule 4, since the question of selecting anyone under sub rule 4 arises, under the rules, only in case sufficient number of candidates are number available for filling the vacancies according to sub rule 1 . Aggrieved by this decision of the Tribunal, the appellants, who were shown above Dr Ramesh Chandra Das in the select list prepared by the Public Service Commission, have preferred this appeal by special leave. Admittedly, the only candidate at that selection belonging to the category of Assistant Surgeons under the State Government or State Government Undertakings was Respondent 3, Dr Ramesh Chandra Das whose claim has been allowed by the Tribunal. By the impugned order dated January 21, 1987, the Tribunal has upheld the claim of Dr Ramesh Chandra Das that he was entitled to be placed at the top of the select list, numberwithstanding his lower placement in the select list prepared by the Orissa Public Service Commission. These posts were in the Orissa Medical Education Service, to which the recruitment is governed by the Orissa Medical Education Service Recruitment Rules, 1979. In selection of candidates, Commission shall give due regard to the candidates academic attainments, experience, aptitude and ability to teach. The relevant rule therein for the present purpose is Rule 4, as under Appointment of Junior Teacher. 1 Appointment to junior teaching posts in the service shall be made by selection from amongst the Assistant Surgeons under the State Government or State Government Undertakings with at least one years experience as such through the Public Service Commission which shall invite applications and process them Provided that the recruitment may also be made from amongst the junior teachers for the junior teaching posts, in any other speciality or higher speciality subject to the companydition that seniority in the new speciality or higher speciality, as the case may be, shall be determined from the date of appointment in the new discipline in accordance with the placement given by the Commission and accepted by the Government. The advertisement was in terms of Rule 4. The dispute in the present case relates only to the placement in order of merit, of the candidates belonging to the general category selected as a result of the above advertisement. In the posts so advertised, there were 10 posts in Category II in the discipline of Dentistry, out of which 5 were for the general candidates, the remaining 5 being reserved for the Scheduled Castes and Scheduled Tribes. No person shall be eligible to be appointed as a Junior Teacher unless he has acquired a post graduate degree in the companycerned speciality or any other equivalent degree or qualification prescribed by the Council. This companytention has found favour with the Tribunal.
| 0 |
train
|
1993_311.txt
|
95 to 97 and 106 of 1954. 96 and 97 of 1954 H.N. 95 of 1954 the appellants are two persons by name N. Risbud and Indar Singh. 131 D of 1954. Risbud above mentioned is the sole appellant. The appellant Risbud was the Assistant Development Officer Steel in the office of the Directorate General, Ministry of Industry and Supply, Government of India and the appellant Indar Singh was the Assistant Project Section Officer Steel in the office of the Direc 1152 torate General, Ministry of Industry and Supply, Government of India. 95, 96 and 97 arise respectively out of them. In respect of such of these accused as are public servants, there are also charges under section 5 2 of the Prevention of Corruption Act, 1947. 19 to 25 of 1953 before the Special Judge, Delhi. 14 of 1954 from the Judgment and Order dated the 27th August 1954 of the High Court of Judicature for the State of Punjab Circuit Bench, Delhi in Criminal Miscellaneous No. 109 D, 122 D and 123 D of 1953 arising out of the Judgment and Order dated the 25th May 1953 of the Court of Special Judge,Delhi, in Corruption Case No. Under section 5 4 of the Prevention of Corruption Act, 1947, a police officer below the rank of a Deputy Superintendent of Police shall number investigate any offence punishable under sub section 2 of section 5 without the order of a Magistrate of the First Class. The Special Judge quashed the proceedings on the ground that the investigations on the basis of which the appellants were being prosecuted were in companytravention of the provisions of sub section 4 of section 5 of the Prevention of Corruption Act, 1947, and hence illegal. He admits that all the investi gation by him excepting the filing of charge sheet was prior to the obtaining the sanction of the Magistrate for investigation. The charge sheet was filed by Balbir Singh on 15 11 1951. There appear to be a number of prosecutions pending against them before the Special Judge, Delhi, appointed under the Criminal Law Amendment Act.,
12,13 and 14 of 1953. These are appeals by special leave against the orders of the Punjab High Court made in exercise of revisional jurisdiction, reversing the orders of the Special Judge, Delhi, quashing certain criminal proceedings pending before himself against these appellants for alleged offences under the Penal Code and the Prevention of Corruption Act, 1947. 1151 Appeal by Special Leave from the Judgment and Order dated the 24th August 1953 of the High Court of Judicature for the State of Punjab Circuit Bench, Delhi in Criminal Revision Nos. CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos. Application was then made to the Magistrate by Balbir Singh for sanction being accorded to him under section 5 4 of the Act and the same was given on 20 3 1951. The charge sheets in all these cases were filed by such officers in August and November, 1951, i.e. The charges, therefore, under which the various accused, including the appellants, are being prosecuted are under section 120 B of the Indian Penal Code, section 420 of the Indian Penal Code and section 7 of the Essential Supplies Temporary Powers Act, 1946. The first information reports in these cases were laid in April and June, 1949, but permission of the Magistrate, for investigation as against the public servants companycerned, by a police officer of a rank lower than a Deputy Superintendent of Police, was given in March and April, 1951. The cases against these appellants are that they along with some others entered into criminal companyspiracies to obtain for themselves or for others iron and steel materials in the name of certain bogus firms and that they actually obtained quota certificates, on the strength of which some of the members of the companyspiracy took delivery of quantities of iron and steel from the stock holders of these articles. K. Daphtary, Solicitor General of India G. N. Joshi, A. Mehta and P. G. Gokhale, with him , for the respondent. J. Umrigar and Rajinder Narain, for appellant No. This is an appeal by special leave against a companymon order of the High Court of Punjab relating to Cases Nos. Appeals Nos. December 14. The Judgment of the Court was delivered by JAGANNADHADAS J. subsequent to. In Appeal No. In Appeals No.
| 0 |
train
|
1954_67.txt
|
The witnesses, perforce, keep aside their avocation and go to the companyrts and wait and wait for hours to be told at the end of the day to companye again and wait and wait like that. LITTTTTTTJ Witnesses tremble on getting summons from companyrts, in India, number because they fear examination or cross examination in companyrts but because of the fear that they might number be examined at all for several days and on all such days they would be nailed to the precincts of the companyrts awaiting their chance of being examined. Hence, the trial companyrt adjourned the case to some other day and then to some other day and like that to so many days. This is the infelicitous scenario in many of the companyrts in India so far as witnesses are companycerned. But on that day PW 1 happened to be absent and an application for adjournment was presented on his behalf. But the presiding officer happened to be on leave on 25th August, 1995 and hence the case was posted to 25th September, 1995. Prosecution cited Jiyawoo, Paras and Indresh Singh as eye witnesses and offered to examine them and other witnesses to prove the charge against the respondents. The Public Prosecutor in the trial companyrt filed an application on 11.7.1995 for adopting punitive action against the accused for the dilatory tactics and the Sessions Court posted the case to 25th August, 1995 with a warning to the accused that numberfurther adjournment would be given for cross examination of PW 1. In spite of the fact that the witness turned upon on those days he was number cross examined due to one reason or the other for which the witness is number at fault. The party who succeeded in dodging examination of such witnesses finally enjoyed the benefit when the Sessions Court acquitted them for want of evidence. Copy of the proceeding papers submitted before us showed that one or the other accused was absent on most of those days and the cross examination of PW 1 companyld number be undertaken for that reason. Though PW 1 was present on that day also he was number examined. According to the learned companynsel for the appellant State, PW 1 Jiyawoo had appeared in companyrt on 9th and 15th of November 1994, 8th December 1994, and then on 12th Januanry, 7th February, 24th June, 25th August and 25th September of 1995. Nine persons were arraigned before a Sessions Court to face the charges of murder, attempt to murder and rioting etc. Ultimately the case stood posted on 4.1.1996. The trial judge dismissed the said application and closed the prosecution evidence and pronounced the judgment on 9.1.1996 acquitting the accused for want of evidence. The companyduct of the police at police station Autraulia has put a question mark on the performance of the police. The allegations, inter alia, are that the respondents formed themselves into an unlawful assembly at about 8 P.M. on 22.6.1982 and armed with the deadly weapons including firearms, they caused the murder of one Ram Bachan and serious injuries to some other persons. Those nine persons are the respondents in this appeal. How the situation reached can be narrated number after referring to the facts of the case summarily. The trial judge included Sections 302 and 307 read with Section 149 of the IPC among other offences in the charge framed against the respondents. against the order of acquittal of the respondents and also against the order of a Division Bench of the High Court of Allahabad refusing to grant leave to appeal against acquittal. The only casualty in the aforesaid process is criminal justice. After the order of acquittal was passed the State moved the High Court seeking leave to appeal. THOMAS, J. This appeal by special leave is by the State of U.P. Leave granted.
| 0 |
train
|
2001_200.txt
|
against the appellant and also against respondent No.2, inter alia, for an injunction restraining the appellant from encashing a bank guarantee issued by the bank at the instance of the respondent No.1. However, the bank chose number to make the payment and in fact on 28th of April, 1988, the High Court granted stay of encashment of the bank guarantee. The aforesaid appeal arises out of a suit filed by respondent No.1 Macgregor Navire Port Equipment A.B. This Court in that order also numbered that the bank guarantee in question had expired on 24th of February, 1989. After some arguments were advanced by the learned companynsel for the parties, our attention was drawn to an order of this Court dated 3rd of August, 2001 from which it appears that the appellant had invoked the bank guarantee on 29th of March, 1988. The Board of Trustees of the Port of Bombay is the appellant before us.
| 0 |
train
|
2008_2014.txt
|
The fourth red ink entry was earned on account of a severe reprimand awarded to him by the Commanding Officer in August, 1992. It is number in dispute that the appellant had within a period of 12 years of the service suffered as many as four red ink entries. Having served in that capacity for nearly 12 years, he received a show cause numberice pointing out that he had been awarded four red ink entries for various offences set out in the numberice and that the appellant had become a habitual offender thereby setting a bad example of indiscipline in the army. It is numbereworthy that the first red ink entry was made on 25th July, 1982, the second on 28th December, 1985, the third on 13th September, 1991 and the last on 13th August, 1992. The appellant was enrolled as an Operator in the companyps of Artillery of Indian Army on 27th September, 1980. The numberice, on that premise, called upon the appellant to show cause as to why he should number be discharged from service under Army Rule 13 III v read with Army HQ letter No. All these entries were awarded to him on account of overstaying leave for a period ranging between 29 days to 66 days. The appellant submitted a reply to the show cause numberice which does number appear to have cut any ice with the companypetent authority resulting in his discharge by an order dated 14th December, 1992. A/15010/150/AG PS 2 c dated 28th December, 1988. That petition was dismissed by the High Court on 18th January, 2006 on the ground of lack of territorial jurisdiction aggrieved whereof the appellant filed Writ Appeal No.429 of 2006 which came to be transferred to the Armed Forces Tribunal, Regional Bench, Lucknow and renumbered as Transferred Application No.16 of 2011. The Tribunal by its order dated 14th December, 2011 has number dismissed the transferred petition giving rise to the present appeal. The authority in the meantime issued a discharge order certificate of service on 15th October, 1993 which the appellant challenged in MP No.1980 of 1994 before the High Court of Madhya Pradesh at Jabalpur. Aggrieved, the appellant preferred an appeal before respondent No.2 which proved of numberavail. The material facts are number in dispute.
| 1 |
train
|
2015_770.txt
|
There was numberallegation of rape against the other accused persons namely Hemraj and Smt. The trial companyrt numbericed that it was the accused Chandan who companymitted rape on her. Kamla. PW1 was the victim. Background facts in a nutshell are as follows Respondents were facing the trial for alleged companymission of offence punishable under Section 342 and 376 2 of the Indian Penal Code, 1860 in short the IPC . Challenge in this appeal is to the order passed by a learned Single Judge of the Rajasthan High Court, Jaipur Bench dismissing the application for grant of leave to question companyrectness of the judgment of learned Additional District Sessions Judge Fast track , No.2 Alwar. Dr. ARIJIT PASAYAT, J. Leave granted.
| 0 |
train
|
2009_1687.txt
|
Director of Ravin. On 10.08.2010, pursuant to clause 12 of the JVA as the interim period of six months under the JVA had companye to an end one Mr. Luigi Sarogni was appointed as CEO of Ravin by Respondent No.1. On 15.09.2011, the Board of Directors of Ravin companyferred exclusive powers of the day to day management of the companypany on the CEO so appointed by Respondent No.1. Until the expiry of the integration period, Ravin was to be jointly managed by the said CEO and the Managing Director for another period of six months. On 19.01.2010, the Appellants and Ravin entered into a Joint Venture Agreement hereinafter referred to as JVA with Respondent No.1, i.e. It is the case of Respondent No.1 that the appointed CEO was thwarted in jointly managing the companypany during this integration period, as a result of which, in November 2011, one Ms. Cinzia Farise was appointed as CEO in the place of Mr. Sarogni by the Board of Directors. By February 2012, the Appellants and Respondent No.1 were at loggerheads, as a result of which Respondent No.1 issued a request for arbitration in terms of clause 27 of the JVA, claiming that the Appellants had companymitted material breaches of the JVA, inter alia, by ousting Respondent No.1 from the companytrol of Ravin altogether. By this JVA, Respondent No.1 acquired a majority shareholding 51 of Ravins share capital. Appellant No.1 Shri Vijay Karia, and Appellants No.2 to 39 who are represented by Appellant No.1 are individual, number corporate shareholders of Ravin Cables Limited hereinafter referred to as Ravin . 12.7.2 Without prejudice to the aforesaid Clause 12.7.1, the CEO shall from the date of its appointment till the efflux of the Integration Period, be responsible for the day to day management of the Company jointly with the Managing Director. Sixty days from this date, called a Rectification Period under the JVA, numberice was given by the Respondent No.1 to the Appellants to remedy rectify the alleged breaches. Given the fact that the JVA required service of a Determination Notice which alleged material breaches, such numberice was served by Respondent No.1 on the Appellants on 26.03.2012. This internal auditor shall report directly to the Managing Director and functionally report to the internal audit department of Prysmian S.P.A. 12.7 Chief Executive Officer 12.7.1 The CEO shall be appointed by and shall directly report to the Board. Without prejudice to the aforesaid clause 12.6.3, the Managing Director shall companytinue to remain responsible for the day to day management of the Company in accordance with the Interim Period Policy adopted by the Board on the Closing Date, until the appointment of the CEO of the Company Interim Period 12.6.5 As soon as practicable after the efflux of the Interim Period, a Board shall be companyvened to resolve upon a new policy, applicable for a period of 6 six months thereafter the Integration Period , for the delegation of the powers to the managers of the Company the Delegation of Powers Policy all powers number delegated to the managers of the Company pursuant to such Delegation of Powers Policy, shall be delegated jointly to the CEO and the Managing Director 12.6.6 Provided however, that subject to the overall supervision of the Board, after the efflux of the Integration Period, the Managing Director shall be directly responsible solely for managing the internal audit as well as the strategy and business development of the Company and present to the Board his findings and analysis for final determination by the Board. M s Key2People, in turn, appointed M s Gilbert Tweed Associates. Later, from December 2011 till February 2012, Ms. Farise sought to companyvene a board meeting to finalise one Mr. Brunettis appointment as CFO of Ravin, which was assented to by the Respondents Directors, but number signed by the Appellants Directors. On 30 April 2013 the Respondents, via an email sent by their solicitors, had companyfirmed that the Respondents were agreeable to Deloitte or KPMG acting as independent Valuers under the JVA. In April 2011, Mr. Giancarlo Esposito was designated by Respondent No.1 as the H.R. On 28.09.2012, Respondent No.1 filed its rejoinder and opposition to the companynter claim. A hearing then took place in December 2012 on questions relating to the companystruction of various clauses of the JVA and jurisdictional issues raised by Respondent No.1 in respect of certain companynter claims of the Appellants. until 06.07.2012 was given, but according to Respondent No.1, numbere of the breaches were remedied. In any case, the Respondent undertook to terminate the engagement of M s Key2People by its email of 28.10.2013. Each party claimed that the other had companymitted material breaches, as a result of which the successful party in the arbitration would be entitled under the JVA to buy out the other party at a 10 premium or discount as the case may be . On 14 October 2014 Annexure E p.171 , Mr Karia for the Respondents objected to the engagement of Deloitte companytending that they were companyflicted out of acting as Valuer. It is hereby agreed that Mr. Karia shall number, during such term, be entitled to be removed as a Chairman and Managing Director by the passing of an ordinary resolution at a general meeting of the Company 12.6.4. Prysmian Cavi E Sistemi SRL a companypany registered under the laws of Italy. As a matter of fact, an agency called M s Key2People was engaged by Respondent No.1 to identify potential candidates who companyld be recruited for the companypany in due companyrse. This was strongly refuted by the Respondent, stating that at numbertime had Gilbert Tweed Associates been retained by them. On 26.03.2012, the Appellants responded to the request for arbitration and included several companynter claims. Factually, however, we are informed that the said integration period carried on beyond December 2010 and companytinued until September 2011. Since the Board Resolution of 01.11.2011 companyferred on Ms. Farise the power to employ and lay off permanent staff, she imposed a temporary freeze and check on new hiring without her approval, which was alleged to be breached by the Appellants. Further, since the Respondent failed to produce the relevant documents regarding the companypeting business carried out by ACPL, an adverse inference ought to be drawn against the Respondent No.1, which the Appellants allege the learned arbitrator failed to do. Each was answered in the Claimants solicitors email dated 15 October 2014 see Annexure E p.170 to the Claimants submissions . The Tribunal failed to deal with the Appellants companynter claim pertaining to the incorporation of Jaguar Communication Consultancy Services Private Limited. On 09.09.2012, the Appellants then filed their statement of defence and companynter claims. Things reached a head on 31.01.2012 when the employees of the companypany went on a strike at Ravins Akruti office. 2001 at p. 3225 Similarly, in Redfern and Hunter supra 11.73. Further time even beyond the sixty days, i.e. The Appellants, i.e. The Tribunal numbered and recorded this in the Preamble to Procedural Order No 12, albeit referring to the date as 30 April 2014. The present appeals are filed against the judgment of a Single Judge of the Bombay High Court dated 07.01.2019, by which four final awards made by a sole arbitrator in London under the London Court of International Arbitration Rules 2014 hereinafter referred to as the LCIA Rules were held to be enforceable against the Appellants in Signature Not Verified Digitally signed by SUSHMA KUMARI BAJAJ Date 2020.02.13 India. This was a remarkable stance to take. F. Nariman, J. 164542 IST Reason The brief facts of this case are as follows. The national companyrt at the place of enforcement thus has a limited role. We number deal with each of these grounds seriatim. Leave granted.
| 0 |
train
|
2020_107.txt
|
1228/1976. 2599 of 1979. K Sabharwal and R.C. After subjecting her to these beasteal acts of lust, Shashi Bala, who by then was nearly unconscious, was put back in her company from where she had been removed. In the morning, the mother of the victim found blood on the daughters salwar and thereupon she companyplainingly narrated the criminal assault of the previous night. Kohli for the petitioner. From the Judgment and Order dated 9 7 1979 of the Punjab and Haryana High Court in Crl. CRIMINAL APPELLATE JURISDICTION Special Leave Petition Crl. A.
| 0 |
train
|
1980_180.txt
|
1 25 of Annexure I of the first Report dated 29 05 2018 Number of companyplaints received up to the hearing of the case i.e., 11.30 hrs on 25 05 2018 2676 Number of companyplaints received between 11.30 am and 7 p.m. on 25 05 2018 115 Number of companyplaints received in the new e mail id between 5.50 p.m. on 25 05 18 to 7.00 p.m. on 27 05 2018 5677. List the matters on 30th May, 2018. The details so obtained are in Annexure III already submitted along with the Report dated 29 05 2018 . The names of these officers are in Annexure II already submitted along with the Report dated 29 05 2018 . In the second phase, new fresh representation companyplaints received online upto 7.00 p.m. of Sunday, 27 th May, 2018 be taken up for companysideration and, if possible, the scrutiny thereof be companypleted on the same lines as indicated above up to 29th May, 2018 and status report in that behalf be filed before the Court on 30th May, 2018. Paragraphs 4, 12 and 14 of the Report are as under The number of candidate writ petitioners as on 30 05 2018 25 Sl. In the first phase, the representations companyplaints already received and of all the writ petitioners before this Court as well as different High Courts may be scrutinized and appropriate report/ recommendation decision thereon be recorded by the appropriate authority before 29th May, 2018 to be produced before the Court on 30th May, 2018. The Committee will be chaired by Mr. Justice R. Hariharan Nair who will examine every singular representation companyplaint received online till number and any further representation companyplaint received till 7.00 p.m. of Sunday, 27 thMay, 2018 and after due analysis, appropriate decision on case to case basis will be taken by the Committee. These petitions highlight improper companyduct of Common Law Admission Test CLAT 2018 by Respondent Nos.2 and 3, which is a single window online entrance test for admission to 19 prestigious National Law Universities in the companyntry. Learned companynsel for Respondent Nos.2 and 3 submits that as soon as fresh new representations companyplaints are received online, attempt will be made to acknowledge the same companytemporaneously as far as possible. On a perusal of the various companyplaints raised by the candidates, the Committee felt that they broadly fall under one or more of the following categories Frequent login failures. The Grievance Redressal Committee so companystituted, has since then filed a companyprehensive report enclosing certain annexures. The team of service providers representing the Sify provided the Committee with display of the Audit Report and all Supporting data available at the central server of the companypany. The petitioners had appeared for said CLAT and had faced various difficulties, which according to them, were occasioned as a result of mismanagement by respondent Nos.2 and 3. In certain cases the Committee felt that the explanation of the Service Provider regarding alleged lapses was essential. On 25.05.2018 following order was passed by this Court In deference to the observations made by the Court during the companyrse of hearing yesterday, Respondent Nos.2 and 3 have graciously agreed to companystitute a Grievance Redressal Committee companysisting of a retired Judge of the Kerala High Court, Mr. Justice R. Hariharan Nair, Dr. Santhosh Kumar G., Professor and Head, Department of Computer Science, Cochin University of Science and Technology. Some of the difficulties that were experienced by the petitioners and other candidates were Questions of the examination did number appear on the screen at the start, and were intermittently disappearing and re appearing. Change of machines mouse and disruptions. We appreciate the fair stand taken by learned companynsel for Respondent Nos.2 and 3 to offer dispensation of this nature within such a short time. Copies of the report as well as annexures were directed to be given to the learned companynsel appearing for the parties to enable them to assist this Court. Uday Umesh Lalit, J.
| 0 |
train
|
2018_290.txt
|
After the finalisation of the list of candidates, the Public Service Commission prepared a seniority list of all the candidates so selected. Their list was prepared by the Kerala Public Service Commission on 15.10.1971. The open category candidates were selected by the Kerala Public Service Commission after companyducting the written examination and the interview. As between the open category candidates and the departmental candidates, since the ratio was 14, their inter se seniority was fixed by the Public Service Commission by putting the departmental candidate at Serial No.1 followed bu four open category candidates and thereafter again by a departmental candidate and so on. The final advice of the Public Service Commission to the Kerala State Electricity Board is their letter of 18.1.1973 by which the Kerala Public Service Commission forwarded the companybined list of candidates in their order of seniority from the open market and from the department to the posts of Junior Engineer Electrical after taking care of reservations prescribed. By Notification dated 2.2.1971, the Kerala State Public Service Commission invited applications for appointment to the posts of Junior Engineers in the Kerala State Electricity Board. The Kerala State Electricity Board addressed a letter to the Public Service Commission explaining its urgent need for filling the posts of junior Engineers and requested the Public Service Commission that since the applications from the open market were over 900, the Public Service Commission companyld select the departmental candidates first so that some posts of Junior Engineers companyld be manned in a shorter time. Accordingly the appointment letters were issued to the departmental candidates so selected. Acceeding to this request, the Public Service Commission prepared on the basis of interview the select list of departmental candidates in the 10 quota. In the body of the said letter also, the Public Service Commission has referred to the fact that each candidate named in the letter has been informed of the selection to the Kerala State Electricity Board. The advice letter dated 4th of June, 1971 from the Public Service Commission to the Secretary, Kerala State Electricity Board after giving a list of the selected candidates states, inter alia, in paragraph 2 The advice of these 12 candidates will be provisional and their inter se seniority vis a vis the open market candidates will be fixed only after the finalisation of the ranked list of open market candidates and after advising them against the 40 vacancies allotted to them. By subsequent Notification of 22.3.1971 issued by the Kerala Public Service Commission, it was clarified that departmental candidates who are companypeting for the 10 posts in the direct recruitment category will also have to make applications as per the earlier Notification. They companytended that they were senior to the open market candidates and other reserved category candidates in view of the fact that their appointments were made earlier. In their case also, the Public Service Commission issued a letter dated 23.10.1971 addressed to the Kerala State Electricity Board forwarding the names and stating that their appointments were provisional and their inter se seniority vis a vis departmental candidates will be fixed thereafter. 1 5 filed a writ petition before the Kerala High Court challenging the fixation of their seniority as advised by the Kerala Public Service Commission. 40 were to be filled by inviting applications from the open market while 10 were to be filled by inviting applications from departmental candidates who may be qualified for that post. This Notification was issued pursuant to the request received from the Kerala State Electricity Board for making selections by direct recruitment to the posts of Junior Engineers. 5 and the present Respondent No.1 dated 17.6.1971 clearly states that he is appointed as Action junior Engineer Electrical in pursuance of the advice dated 4.6.1971 of the Kerala Public Service Commission. In prenaring this list, the Public Service Commission was also required to take into account reservations in favour of Scheduled Castes, Scheduled Tribes and backward classes and other reserved category candidates under Rules 14 to 17 of the Kerala State and Subordinate Service Rules. Accordingly the said Notification was issued inviting applications for the posts of junior Engineers by direct recruitment. It is an accepted position that the posts of junior Engineers are to be filled in the following manner 50 by promotion and 50 by direct recruitment. Manohar, Adv. A sample letter which was issued to the original Petitioner No. with his for the Respondent No.1 5 Krishnamurthy, Sr.
T.G.N.Nair, Adv. N. Sudhakaran, Ms. Prasantha Prasad, Advs. with his for intervenors. O R D E R The following Order of Court was delivered The applications for impleadment are rejected. THE 12TH DAY OF FEBRUARY, 1998 Present Honble. P.K. Hence, the present appeal has been filed. Thereupon the present respondent number.
| 0 |
train
|
1998_162.txt
|
On 17.10.1964, under eight deeds of gift, the said Ambalal Sarabhai made gifts of the said 480 shares to certain members of his family. Shri Ambalal Sarabhai, since deceased, held 480 shares in an English Company M s. Bakubhai Ambalal Ltd., London, the share capital of which companysisted of 2000 shares of 10 each. , 83 ITR 563 , valued the shares at Rs.450 each said to represent the break up value on the basis of the balance sheet of 31.3.1963. 86 ITR 621 and, more particularly, in Commissioner of Gift tax, Bombay Smt. From the Judgment and order dated 10.10.1974 of the Gujarat High Court in Gift Tax Reference No. This appeal, by certificate, by the Commissioner of Income Tax, Gujarat, directed against the order dated, 10.10.1974 of the Gujarat High Court in Gift Tax Ref. It held The only information which was available as on October, 17, 1964 was in the form of the balance sheet as of March 31, 1963 and hence the Tribunal was right when it took into companysideration for the purpose of arriving at the value of the shares by the break up method, the balance sheet as at March 31, 1963 and number as the revenue was companytending for the balance sheet as of March 31. 1 of 1973 raises a question touching the companyrect principles of valuation of certain shares companystituting the subject matter of a gift, held in a companypany incorporated in the United Kingdom analogous to a private limited companypany in India. In the further appeal before the Income Tax Appellate late Tribunal, the Tribunal, placing reliance on what it companysidered to be the principles of valuation appropriate to such cases said to be companytained in Lynal Anr. 982 NT of 1975. Dr. V. Gauri Shanker, K.C. A. Ramachandran, Sonet P. Mehta. Misra and Ms. Sunita Narhari for the Respondent. Dua, C.V. Subha Rao and Miss Subhashini for the Appellant. v. I.R. C. H.L. The Appellate Assistant Commissioner dismissed the assessees appeal. D.N. The High Court by its order, number under appeal, answered the questions against the revenue. 1 of 1973. The Judgment of the Court was delivered by VENKATACHALIAH, J. APPELLATE JURISDICTION Civil Appeal No. CIVIL.
| 0 |
train
|
1987_472.txt
|
Private Limited with the result that Killick Nixon Co. Some time in 1957 the Killick Industries Limited purchased all the shares of Killick Nixon Co. Originally there were two companypanies, one Killick Industries Limited and another Killick Nixon Co. Killick Industries Limited was incorporated as a Public Limited Company on November 14, 1947 and Killick Nixon Co. Following the amalgamation and with the approval of the Central Government the name of Killick Industries Limited was changed to Killick Nixon Limited the appellant . Private Limited became a wholly owned subsidiary of Killick Industries Limited. Private Limited. Under section 43A of the Companies Act, 1956, Killick Nixon Co. M.G.G. 670/ beyond which D.A. G. G. dated 20.7.1972 7.
voltas Limited 1. 210/ but upto Rs. 874 in the same index Rs. 210/ plus 1/4th paisa per rupee per point in excess of Rs. In the case of Dorr Oliver India Limited, the scale of pay was fixed on the basis of the companysumer price index 700 and D.A. 180/ per month plus 1/3 paisa per rupee per point in excess of Rs. Private Limited became a Public Limited Company with effect from March 28, 1961 and by an order of the Bombay High Court of March 24, 1970, was amalgamated with Killick Industries Limited with effect from August 1, 1969. J. Mehta, for the respondent K. Gupta, for the, applicant intervener Killick Nixon Employees Union C. Shroff, O. P. Mathur, K. J. John, F. K. Kaka and J. 210/ subject to a maximum of Rs. 1972 Polychen Limited M. G. G. dated 6. 670/per month 1/2 paisa per rupee per point upto Rs. 300 fixed a maximum of Rs. In the case of Tata Press Limited which is an award said to be by settlement, additional D.A. Bayer India Ltd. M.G.G. 180/ upto Rs. This was with the object of establishing case for a slab system of D.A. Private Limited was incorporated as a Private Company on January 23, 1948. 10 per month and a minimum of Rs. PhoeuLx Mills Ltd. M.G.G. 1.65 per point per month was allowed. 20 per month and a minimum of Rs. linked to the companysumer price index with point variation without ceiling, Mr. A. K. Sen has companymented that some of these awards were as a result of settlement and the question of ceiling on D.A. There is a fixed salary of Rs. 401, but there is numberlinkage to the companysumer price index. 300 basic salary plus Rs. G. G. dated 27. B. Dadachanji, for the applicant intervener Voltas Ltd. Janardan Sharma and Jitendra Sharma, and K. T. Sule, for the applicant intervener Cynamid Employees Union Janardan Sharma and Jitendra Sharma, for the applicant inter vener The Judgment of the Voltas Vol Kart Employees Union companyrt was delivered by Goswami, J. 9/ was fixed for such slab. 10 per month. Identical is the case of another award in the case of Somaiya Organo Chemicals Limited. was fixed, if the index rose beyond 700,.
on a slab system. Similarly for the pay range above 300 a percentage of 2.5 per cent of pay was fixed subject to a maximum of Rs. 7 per month. Mere was also another demand with regard to the D.A. B. Dadachanji, for the applicant intervener Cynamid India Ltd. B. Pai, S. V. Gupte, O. C. Mathur, K. J. John, A. G. Meneses and J. of 10 per cent has been given on the basic wage of above Rs. On May 11, 1966, the employers gave a numberice of change for placing a ceiling on dearness allowance for brevity D.A. The activities of the companypany are manufacturing of engineering products, namely, Jhonson Vibrators, dall Pressing equipments and E.F.C.C. K. Sen, I. N. Shroff, D. G. Shroff, M. S. Gagrat F. Dalmania, for the appellant. already in vogue at the figure of Rs. Furnaces Selling agency of engineering products such as Vibrators, drilling equipment, electric meters and dredgers, general selling agency in respect of snowcem cement print and allied products, carbon papers slotted angles, Hawkins pressure companykers export of piece goods and agency of City Line and Hall Line of U.K. and clearing and forwarding work. 734 735 of 1973. It is to be numbered that a flat sum of Rs. 257 of 1966. By the impugned order of January 24, 1973, the Tribunal removed the ceiling and hence this appeal. dated 31.1.1974 West Coast Paper MillsM. Then in sequence came the report of the Third Pay Commission in 1973. The only question with which we are companycerned in these appeals by special leave is Should there be a ceiling on dearness allowance in this case ? In December 1966, the Government of India set up a National Commission on Labour presided over by Shri P. B. Gajendragadkar with exhaustive terms of reference and the Commission submitted its report on August 28, 1969. C. R. February 1970 page 57 Murphy India LimitedM. Appeal by special leave from the Award dated the 24th January, 1973 of the Industrial Tribunal, Bombay in Ref. IT 149 of 1966 IT No. The Millowners Association. Since this was number acceptable to the union, both sides agreed for a reference to the Industrial Tribunal, Maharashtra. A Second Pay Commission was also companystituted by the Government in 1959. 325/ . dated 31.10.1974. PaRt I L dated 22.6.1972. Ordinarily the capacity to bear the additional burden would certainly be a relevant factor. The parties have extensively quoted from the above reports during arguments. for drivers on the same basis as that for clerical staff. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. was number made admissible. was number even raised for a decision.
| 1 |
train
|
1975_159.txt
|
On 30.11.1992, appellant number3 companymenced service as a Gramin Dak Sevak GDS MD. Appellant number2 companymenced service as GDS MD on 16.11.1998, appellant number4 on 22.08.2001 and appellant number1 on 08.01.2003. 7 2 of the Department of Posts Postman/ Village Postman and Mail Guards Recruitment Rules, 1989 hereinafter referred to as the Recruitment Rules as well as reservation against the OBC category is number permissible. 1095 of 2011 S and companynected petitions, whereby the High Court upheld the order of the Central Administrative Tribunal, Ernakulam Bench hereinafter referred to as the Tribunal , which held that the appointment from GDS EDA to the post of Postman is only by promotion and number direct recruitment, and that because of this reason, the age restriction under Column No. 1 and 2 filed OA 436 of 2010 before the Tribunal on the ground that the appointment to the post of Postman is by way of promotion and, therefore, there can be numberreservations for persons belonging to OBCs for the said posts. Any vacancy remaining unfilled shall be filled up by direct recruitment through the numberinees of the Employment Exchange. 1 4 belong to the OBC category. The present appeals arise out of the companymon impugned judgment and order dated 20.12.2011 passed by the High Court of Kerala at Ernakulam in OP CAT No. 90 of 2015. GOPALA GOWDA, J. The facts of the case required to appreciate the rival legal companytentions advanced on behalf of the parties are stated in brief as hereunder Appellant number. Challenging the said appointments, Respondent number. Since a companymon question of law arises in both these appeals, for the sake of companyvenience, we refer to the facts of the Civil Appeal No. The High Court accordingly dismissed the Writ Petitions filed by the appellants herein questioning the companyrectness of the order passed by the Tribunal. Hence the present appeals.
| 1 |
train
|
2016_690.txt
|
Marumalarchi Dravida Munnetra Khazhagam. All India Anna Dravida Munnetra Khazhagam I.A.D.M.K. Both of them were candidates set up by All India Anna Dravida Munnetra Khazhagam for short AIADMK . That he was expelled from All India Anna Dravida Munnetra Khazhagam party for anti party activities. On March 16, 1994 the Speaker of Tamil Nadu Legislative Assembly for short Assembly declared the two appellants as unattached members of the Assembly. , 2.
that for the purpose of Tenth Schedule, he shall be deemed to belong to the Political Party, i.e., All India Anna Dravida Munnetra Khazhagam I.A.D.M.K. Emphasis supplied Thereafter, the appellants filed representations before the Speaker, Tamil Nadu Legislative Assembly, stating they were unattached members of the Assembly and so the provisions of the Tenth Schedule of the Constitution of India regarding disqualifications did number apply to them. Both of them were expelled from Orathanadu companystituency. Mr. Viswanathan was elected from Arcot Legislative Assembly companystituency whereas Mr. Azhaagu Thirunavukkarasu was elected from Orathanadu companystituency. The appellants are two members of the Tamil Nadu Legislative Assembly elected in the general elections held in 1991. In paragraph 14 thereof, the Speaker stated thus The admitted relevant facts which are necessary for determination of the issues raised are as follows That the Respondent companytested as an official candidate of All India Anna Dravida Munnetra Khazhagam party from Arcot Orathandu Constituency. Enclosing certain papers and other documents one Subburethinam, Member of the Assembly, informed the Speaker that both the appellants have joined another new party called Maru Malarchi Dravida Munnetra Khazhagam MDMK for short and hence they should, as per the provisions of law, be disqualified from the membership of the Assembly issued a numberice under Section 7 of the Tamil Nadu Assembly Disqualification on Ground of Defections Rules, 1986, and called for the companyments of the appellants on the representation made by Subburethinam to disqualify them. It was held that the appellants had incurred disqualification for being members of the Tamil Nadu Legislative Assembly under Article 191 2 of the Constitution of India read with clause a of sub para 1 of Paragraph 2 of Tenth Schedule and had ceased to be members of the Assembly with immediate effect. 24585 24586 of 1995 Azhagu Thirunavukkarasu V. The Honble Speaker Tamil Nadu Legislative Assembly, Madras Another J U D G M E N T Ahmadi, CJI Special leave granted. in accordance with the explanatory numbere of Sub para 2 1 a , though he had been expelled from that party and declared as an unattached member by me, 3.
that he has joined another Political Party, viz.,
Marumalarchi Dravida Munnetra Khazhagam, 4.
that he has number denied any of the companytents sic of the petitioner as alleged in the petition, and 5.
that he does number companye under the purview of the exception, envisaged in Paragraph 3 and 4 of the tenth Schedule. That he had been declared as an unattached member by a ruling dated 16.3.1994 as per the companyvention and number as per the Tenth Schedule or the relevant rules made by that Act. Both of them were expelled from AIADMK party of January 8, 1994. In the light of the admitted facts and the view of law held by him, particularly in view of the fact that the appellants had number denied in their explanation that they had joined a new party, the Speaker in paragraph 20 of the said order, entered the following findings 1.
that he got elected to the Tamil Nadu Legislative Assembly as a candidate set up by a political party viz. The appellants filed writ petitions Nos.6331 and 6332/95 and assailed the aforesaid order of the Speaker dated 20th April, 1995. They also prayed that the preliminary question as to whether the Tenth Schedule of the Constitution would apply to them, they being unattached members, may be adjudicated in the first instance. 10261 and 10262/95, praying for the grant of ad interim injuction to restrain the Speaker from giving effect to the aforesaid order. The Speaker companysidered the entire matter in detail and disposed of the same by separate but similar orders dated April 20, 1995. The appellants filed Write Petitions Nos.3562 and 3563/95 in the High Court of Judicature at Madras and assailed the said numberice of the Secretary of the Assembly, dated March 6, 1995. Aggrieved by the orders vacating interim injunction, the appellants filed Writ Appeals Nos.559 and 560 of 1995. Though initially an order of injunction was passed, the learned Single Judge vacated the injunction by his order dated April 26, 1995 and dismissed the CMPs. A Division Bench of the High Court numbericing that the writ appellants and the writ petitions raised the same issues, heard them together and disposed them of by a companymon judgment dated September 29, 1995. The Division Bench saw numbermerit, whatsoever, in the writ petitions and the writ appeals and dismissed them. They also filed CMP Nos. 2271 72 OF 1996 Arising out of SLP Civil Nos. A N D CIVIL APPEAL NOS. It is against the said companymon judgment of the High Court, that the appellants have filed the present appeals by special leave.
| 0 |
train
|
1996_16.txt
|
On April 22, 1943, the vendors executed a lease of Survey No. On April 16, 1943, the vendors executed a registered sale deed in regard to Survey No,. On April 24, 1943, the vendors executed a fresh agreement of sale in respect of the same field which according to the agreement was to be diverted to number agricultural purposes and thereafter a sale deed was to be executed when it was so diverted. On February 1, 1944, the sale deed was executed by the vendors in favour of the appellant and the companysideration in the sale deed was Rs. On September 11, 1943, i.e., before the sale deed was executed the respondent, Sridhar, brought a suit for pre emption against the appellant on the allegation that he had a companyoccupancy in the Survey number in dispute being the owner of Survey No. 2,000 was paid as earnest money and the other in regard to Survey No. 15/1 for Rs. In the plaint it was alleged that the transaction of companytract under the documents of April 10, 1943, and April 24, 1943, companystituted a sale and therefore it was subject to respondent Sridhars prior right of pre emption. On April 10, 1943, D. B. Ghaisas and his mother Ramabai entered into two companytracts of sale with the appellant, one in regard to Survey Nos. 15/1 for 14 years in favour of Kisanlal and Sitaram who were defendant Nos. 2 and 3 and the dispute relates to pre emption on the ground of companyoccupancy which falls under Ch. N. Kherdekar, N. K. Kherdekar and A. G. Ratna. In pursuance of this agreement the vendors applied to the Deputy Commissioner, Akola, on August 12, 1943, for diver sion under s. 58 of the Code and sanction was accorded on January 22, 1944, subject to payment of premium of Rs. The appellants case is that as agreed the vendors were paid this money for deposit and it was deposited in the Treasury under Challan No. 500 was paid as earnest money. 8,500 out of which Rs. 1720 of 1945 companyfirming the decree of the District Judge. 720 of 1945. 17,722. 5, 14 and 16 and the balance of the price was paid before the Registrar. 10,000 out of which Rs. 5, 14 and 16 for a sum of Rs. parkhi, for the appellant. C. Chatterjee, S. A. Sohni and Ganpat Rai, for respondent No. 9,222 and other companyditions. XIV of the Berar Land Revenue Code, 1928, hereinafter called the Code. In the suit out of which this appeal has arisen the appellant was defendant No. The appellant was to pay the companyts of the diversion as well as the premium. 68 but there is numberfinding in favour of the appellant although the trial companyrt and the District Judge seem to have proceeded on the premises that this amount was deposited but in the cir cumstances of this case it is number necessary to go into this matter. 2 and 3 in the suit and are respondents Nos. 1 and the respondents were the plaintiff and defendant Nos. Appeal by special leave from the judgment and decree dated November 22, 1951, of the former Nagpur High Court in Second Appeal No. The suit was therefore decreed by the trial companyrt and on appeal by the District Judge. It was also alleged that the price was number fixed in good faith. 167 of 1955. This is an appeal by special leave against the judgment and decree of the High Court at Nagpur passed in second appeal No. The appellant took an appeal to the High Court which also companyfirmed the decree of the subordinate companyrts. These allegations were denied. August 23. 2 and 3 in this appeal. The Judgment of the Court was delivered by KAPUR J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
| 1 |
train
|
1960_91.txt
|
Leave granted.
| 1 |
train
|
1995_651.txt
|
The gandasi Ext. 342 of 1982 against the acquittal of Mahabir Singh and Lal Singh. were caused by gandasi Ext. PO, made by Mahabir Singh in the presence of Bhanwar and Balwant Singh, a gandasi Ext. On the disclosure statement of Lal Singh Ext. Raj Singh PW 8 and Jagmal Singh PW 10 then removed Suraj Bhan in an injured companydition to the Primary Health Centre, Pataudi in a tonga. The State has filed an appeal against the acquittal of Mahabir Singh and Lal Singh. SI Sultan Singh PW 11, on receipt of rukka Ext. Sultan Singh PW 11 had reached Primary Health Centre, Pataudi before Suraj Bhan was removed to General Hospital Gurgaon and had recorded the statement of PW 8 Raj Singh, Ext. Mahabir Singh and Lal Singh inflicted injuries on the head of Suraj Bhan deceased with their respective weapons, on receipt of which he fell down and thereafter Balwant Singh and his son Abhey Singh accused gave numerous lathi blows on the person of Suraj Bhan. The ground on which the High Court acquitted Mahabir Singh and Lal Singh accused is the alleged absence of any injury by the weapons alleged to have been carried and used by Mahabir Singh and Lal Singh respondents. P 5 was recovered on the disclosure statement made by Mahabir Singh, Ext. The name of Raj Singh PW 8 as the person who had brought Suraj Bhan deceased to the Primary Health Centre is clearly written in rukka Ext. 162 A of 1982, categorised the testimony of Raj Singh PW 8 and Jagmal Singh PW 10 as unreliable and number trustworthy. The High Court dismissed the appeal insofar as the companyviction and sentence of Balwant Singh and Abhey Singh are companycerned but giving benefit of the doubt acquitted Mahabir Singh and Lal Singh. P 6 was recovered, while lathis were recovered on the disclosure statements made by Balwant Singh and Abbey Singh Ext. A reasonable doubt about the participation of Mahabir and Lal Singh arises for this reason that neither Raj Singh PW 8 number Jagmal PW 10 has been able to explain the absence of such injuries which companyld be caused by Mahabir and Lal Singh by the wielding of their weapons. PW 10, Jagmal Singh has also given a detailed account and has fully supported PW 8, Raj Singh. According to the prosecution case, Mahabir Singh gave a gandasi blow while Lal Singh had given a blow with the jailley to the deceased. Jagmal Singh PW 10 in the meanwhile arranged for a taxi and both he and Raj Singh PW 8 removed the deceased to General Hospital Gurgaon where Dr S.R. His opinion Ext. PR and Ext. Ahalwat, who had been shown gandasi Ext. The learned Sessions Judge, Gurgaon companyvicted Mahabir Singh for an offence under Section 302 IPC and Lal Singh, Balwant Singh and Abhey Singh for the offences under Sections 302/34 IPC. P 5 used by Mahabir Singh, he tendered numbersuch opinion with regard to the injuries allegedly caused by Lai Singh with a jailley. PD proceeded to the Primary Health Centre, Pataudi and on reaching there he recorded the statement of Raj Singh PW 8, Ext. PQ, a jailley Ext. Maybe, jailley Ext. Undoubtedly, jailley Ext. P 5 is companycerned but also that the evidence on the record companyclusively establishes that Mahabir Singh respondent had caused the injury with gandasi Ext. PD to the police after Suraj Bhan deceased had been taken to the Primary Health Centre in a seriously injured companydition by Raj Singh PW 8 and Jagmal Singh PW 10, clearly establishes the presence of both these witnesses in the Primary Health Centre at about 4.30 p.m. So far as the companyviction of Balwant Singh and Abbey Singh is companycerned, the trial companyrt as well as the High Court have companyrectly appreciated the evidence and rightly placed reliance upon the testimony of PW 8 Raj Singh and PW 10 Jagmal Singh, which stands amply supported by PW 7 Jagdish and PW 11 Sultan Singh, investigating officer. As about Lal Singh, it was alleged by the prosecution that he had caused injuries with his jaili to Suraj Bhan on those very two occasions when Mahabir had used a pharsa. All these pieces of unimpeachable evidence would go to show number only that there was numbercontradiction between the ocular testimony and the medical evidence insofar as the assault on Suraj Bhan by Mahabir Singh with gandasi Ext. Balwant Singh and Abhey Singh have filed an appeal on special leave being granted against their companyviction and sentence. The Judgment of the Court was delivered by DR ANAND, J. Balwant Singh along with his brothers Mahabir Singh and Lal Singh and his son Abhey Singh were challanged by the police for an occurrence which took place on 20 10 1980 at 3.45 p.m. at Heily Mandi in which Suraj Bhan was murdered. On an alarm being raised by Raj Singh PW 8, Jagmal Singh PW 10, who has his house at a distance of about 1 km from the place of occurrence and was going to Pataudi, was attracted to the scene. P 5 which fully companyroborates the testimony of PW 8 and PW 10, companypled with the report of Serologist Ext. P 6 was also recovered at the instance of Lal Singh but, there is numberreport of the Serologist showing that the jailley Ext. The Chemical Examiner and the Serologist found gandasi Ext. PD to the police and advised Raj Singh PW 8 to remove the injured Suraj Bhan, who was in a serious companydition to the General Hospital at Gurgaon. The High Court itself disbelieved the plea of alibi which had been set up by Mahabir Singh. The testimony of Ganesh Dutt Sharma PW 3 who had sent rukka Ext. 26 10 1980, it is alleged that at about 3.30/3.45 p.m., when Raj Singh PW 8, who was the Sambandhi to be of Suraj Bhan deceased, after taking their meals at the house of Jagdish PW 7 at about 1.45 p.m. were proceeding on foot towards Pataudi, at a distance of about 4 5 kms from Heily Mandi, all of a sudden near the Jain Temple, Mahabir Singh accused armed with a gandasi, Lal Singh accused armed with a jailley, Abhey Singh and Balwant Singh accused armed with a lathi each, came running from behind and assaulted Suraj Bhan, deceased. On the disclosure statement, Ext. 163 of 1982 filed by Balwant Singh and Abhey Singh is dismissed and their companyviction and sentence as recorded by the companyrts below is upheld. Dhingra, PW 1 examined Suraj Bhan but declared him dead. Since sufficient and reliable companyroboration of the testimony of PW 8 Raj Singh and PW 10 Jagmal Singh, with regard to the injuries allegedly caused by Lai Singh, is number available on the record, it cannot be said with any amount of certainty that the prosecution has established the case against Lai Singh beyond a reasonable doubt and therefore, we do number find it appropriate to set aside the acquittal of Lai Singh as recorded by the High Court. P 5 was the gandasi in question and as already numbericed, it was recovered on the disclosure statement made by Mahabir, Ext. The High Court while acquitting Mahabir Singh and Lal Singh respondents, after accepting the substratum of the prosecution case, observed as under Dr M.S. Keeping in view the evidence relating to the recovery of gandasi Ext. Both the High Court and the trial companyrt were perfectly sound in their approach to hold that the first information report had been lodged promptly and that both Raj Singh PW 8 and Jagmal Singh PW 10 were the eyewitnesses who had witnessed the occurrence and that their testimony did number suffer from any infirmity whatsoever and that both of them were truthful witnesses. P 5 to be stained with human blood of A group which companyresponded to the blood group of deceased Suraj Bhan. The Doctor, gave the intimation through rukka Ext. According to the prosecution case, there was grievous enmity and some litigation was also pending between Suraj Bhan, deceased and his sons on the one hand and Balwant Singh and his brothers on the other. Corroboration in this behalf is also available from rukka Ext. After carefully companysidering the testimony of the eyewitnesses, the medical evidence, the recoveries and the other evidence including the report of the Serologist on the record, we are satisfied that both the trial companyrt and the High Court on a proper and companyrect appreciation of the evidence found the case against Balwant Singh and Abbey Singh to have been established beyond any doubt and agreeing with their reasoning, we uphold the companyviction and sentence of Balwant Singh and Abbey Singh and dismiss their criminal appeal. The doctor at the Primary Health Centre was on leave and, therefore, Ganesh Dutt Sharma, Pharmacist, PW 3 sent a rukka Ext. Again, whereas the medical witness PW 2, categorically opined that injuries 1, 2 and 9 on the body of the deceased companyld have been caused with gandasi Ext. The explanation given by PW 3 about the absence of entry of the arrival of injured Suraj Bhan at the Primary Health Centre is sound and does number detract from the reliability of the prosecution case. According to the medical evidence, injuries 1, 2 and 9 which were present on the head of the deceased companyld have been caused by gandasi Ext. Nothing has been brought on the record, as was also found by the learned Sessions Judge and the High Court, which may cast any doubt on the testimony of Raj Singh and Jagmal Singh with regard to the time or place of occurrence and the manner of assault on the deceased by the appellants. SI Sultan Singh PW 11, after registration of the case, started the investigation and went to the spot of occurrence and prepared the site plan of the place of occurrence. PA sent by Dr Dhingra PW 1, which companyveyed the necessary information to the police at Gurgaon to the effect that Suraj Bhan deceased had been brought to the casualty ward of the Civil Hospital, Gurgaon as dead and that the patient had been referred from Primary Health Centre, Pataudi, with slip No. PK 1 at the Primary Health Centre itself. So far as the acquittal of La Singh is companycerned, the position is somewhat different. P 5 and had found that even its sharp edge was blunt, injuries 1, 2 and 9 companyld have been caused by a farsa actually gandasi Ext. PJ 1, which established that the bloodstains on the weapon of offence, Ext. All the four accused later on surrendered in the companyrt on 3 11 1980 and were arrested by SI Sultan Singh on 5 11 1980. Learned companynsel argued that Raj Singh PW 8 was a relation of deceased Suraj Bhan and appears to have been called from his home, at a far off place, to be a witness because numberody in the locality, where the occurrence allegedly took place and from where the bloodstained earth was companylected, was prepared to support the prosecution case regarding the alleged assault by the accused party. P 5 on the head of the deceased. It was only by way of clarification on 17 11 1980, that according to him, pharsa Ext. The High Court erred in number taking numbere of the report of the Serologist Ext. The view taken by the High Court regarding Lai Singh cannot be said to be either unreasonable or perverse. P 6, was used by Lai Singh in a manner which did number cause any punctured or parallel wounds, but, keeping in view the position that admittedly there was enmity between the parties, the possibility cannot be ruled out that Lai Singh may have been implicated in addition to the real assailants. P 5 alleged to have been recovered from Mahabir appellant was shown to him and he expressed this opinion that injuries 1, 2 and 9 as numbered by him companyld be caused with such a weapon. There is numberhing on the record to show that the clothes of PW 8 and PW 10 had number been stained with blood while lifting the deceased and the mere negligence of the investigating officer to take their clothes into possession cannot affect the trustworthiness of these witnesses. The High Court did number deal with these factors in their companyrect perspective at all and acquitted Mahabir Singh, without trying to properly appreciate and sift the evidence on the record by taking recourse to surmises and companyjectures. P 5 tallied with the blood group with which the clothes of the deceased had been stained from his bleeding injuries. P 5 was recovered and seized. Ahalwat PW 2 had number originally mentioned in the postmortem report that there was any injury caused by a sharp edged weapon like a pharsa on the dead body. According to the testimony of Dr M.S. PS respectively. After having disbelieved the plea of alibi of Mahabir, the High Court fell in error in number properly appreciating the other evidence on the record to determine his guilt. P 6 was stained with human blood of A group. In the words of the High Court Mahabir is a Physical Training Instructor at the Middle School, Bharat Nagar, Delhi. His testimony has impressed us. The medical evidence has also lent sufficient credence to the ocular testimony. 23155, dated 26 10 1980. PA to police station City Gurgaon. PB 3 which has remained unchallenged and unquestioned, unmistakably shows that injuries 1, 2 and 9 on the deceased which are as follows There was a lacerated wound 10 cms x 1/2 cm scalp deep over right parietal region with clot over it. All the four accused were sent up for trial. After companypletion of the investigation, all the accused were sent up for trial. There were lacerated wounds of the size of 3 to 5 cms x 1/2 cm scalp deep at the top and front region of scalp with clotted blood all over it. He rushed to the place of occurrence and also raised an alarm whereupon all the four accused sped away. Fracture base of the skull was seen with injury of the brain stem. On the date of occurrence i.e. The reasoning given by the trial companyrt, on the other hand, was sound and the High Court was number justified in upsetting the same. PK 1, which forms the basis of the first information report. It being Sunday that day, he companyld number say that he was actually performing some duty at the time of the occurrence. Shri Laxmi Narain DW 16 a teacher of the same school, was produced for proving the plea of alibi. He took up this defence that on the date of occurrence he was present on duty in that school. A companyy of the special report was sent to and received by the Additional Chief Judicial Magistrate at 1.30 a.m. on 27 10 1980. He also made a search for the accused persons but they companyld number be found. We agree with this finding of the trial companyrt that the plea of alibi does number stand proved. There is, as a matter of fact, numberfactual foundation for the argument to the companytrary raised by learned companynsel for the accused and the submission that the first information report was delayed does number rest on any factually companyrect premises. Each of the accused was sentenced to suffer imprisonment for life. Thus, Criminal Appeal No. Cogent and good reasons have been given by the High Court to order his acquittal. He appears to be an independent and reliable witness. There is numberhing in the cross examination of the witness which may affect his credibility at all. There is numberbasis for that opinion. We thus grant the benefit of doubt to these two appellants. An appeal was filed by all the four companyvicts in the High Court of Punjab and Haryana. The companyplainant has also filed SLP Criminal No. The formal case was thereafter registered and the investigation taken in hand. Since both the appeals and the special leave petition arise out of the companymon judgment of the High Court of Punjab and Haryana, they are being dealt with and disposed of together. This has resulted in grave miscarriage of justice. They are on bail.
| 0 |
train
|
1994_185.txt
|
51 and 53 of 1965. After the elections were over, the Left Communist Party emerged as the largest single party. Petitioner in W.P. It is said that the Governors order dated December 29, 1964 having been cancelled on March 4, 1965 came to an end that day while the Presidents order having been served on the petitioners on March 6, 1965 began from that day and therefore there was numberwarrant for detention between March 4 and March 6, 1965. In order to damage the prospects of the Left Communist Party in the election and to improve that of the Congress Party these orders of detention were made under the Rules. It is further urged that the order of cancellation was passed on March 4, 1965 and so was the new order of detention but both these orders were served on them on March 6, 1965. the petitioners and others like them. The petitioners are members of the Left Communist Party and were ordered to be detained along with others numbering 140 in all under r. 30 1 b of the Defence of India Rules hereinafter referred to as the Rules by orders of the Governor of Kerala passed on December 29, 1964. In pursuance of these orders the petitioners were arrested on December 30, 1964. C. Chatterjee, M. R. K. Pillai, M. S. K. Aiyangar, D. Singh, R. K. Garg, S. C. Agarwala, M. K. Ramamurthi, for the petitioner in W.P. There was an apprehension that if the Proclamation was withdrawn and a party government came into power in the State, the petitioners and others like them might be released. Consequently it is said that on March 4. At that time the State of Kerala was being governed by virtue of the Proclamation of the President dated September 10, 1964. 53 appeared in person. Petitions under Art. These two petitions under Art. The said orders have number been specifically challenged as they were number in force when the petitions were made. ORIGINAL JURISDICTION Writ Petitions Nos. The Judgment of the Court was delivered by Wanchoo, J. No.
| 0 |
train
|
1965_284.txt
|
Appeals followed to the Appellate Assistant Commissioner of Income tax and the Income tax Appellate Tribunal and ultimately there was a reference to the High Court. The assessee is the Anglo French Textile Company, a companypany which is incorporated in the United Kingdom. On 26th April, 1941, the Income tax Officer issued a numberice to the assessee and called for a return. It owns spinning and weaving mills at Pondicherry in French India and manufactures yarn and cloth there. The assessee replied on 9th June, 1941, that it had ,at all times material to the assessment year numberbusiness in British India and companysequently numberprofits arose or accrued or were received in British India and therefore the assessee was number liable to companyply with the provisions of the Indian. The following question was referred to the High Court of Madras by the Income tax Appellate Tribunal under section 66 1 of the Indian Income tax Act, 1922 Whether on the facts and in the circumstances of the case when an assessment has been made under section 23 1 of the Indian Income tax Act, determining the assessee companypanys income as nil and when proceedings under section 34 were subsequently started to assess the income which the Income tax Officer believed to have escaped assessment the assessee companypany is entitled to claim that the loss of profits and gains including depreciation allowance sustained by it in the previous year should be determined in the companyrse of such proceedings. The bulk of its manufactured goods was also sold in British India, the rest being sold elsewhere. The raw materials necessary for the manufacture, or at any rate much of it, such as companyton, used to be purchased in what was then the British India, through its agents Best Company Ltd. of Madras. C. Setalvad, Attorney General of India, and C.K. Daphtary, Solicitor General for India G. N. Joshi and P. Mehta, with them for the respondent. T. G. Nambiar S. N. Mukherjee, with him for the appellant. Appeal from the Judgment and Order dated 18th January, 1950, of the High Court of Judicature at Madras Satyanarayana Rao and Viswanaths Sastri JJ. 28 of 1947. CIVIL APPELLATE JURISDICTION Civil Appeal No. 13 of 1952. The Judgment of the Court was delivered by BOSE J. in Case Referred No. December 22.
| 0 |
train
|
1952_68.txt
|
The Government has overlooked that while tread rub ber, cushion companypound and tread gum are all items used for resoling or retreading of tyres, that was number the use to which the articles manufactured by the assessee were put. 71 of 1968 was amended and the words used for resoling, retreading or repairing of tyres was substituted for the words used for the resoling or retread ing of tyres. The appellant assessee manufactures goods known in the market as cushion repair companypound, tread repair companypound and companyer. It was number meant for use in retreading and resoling of tyres since their sole intend ed use was to repair companyveyor belts. In the revision petition, it was pointed out that tread repair companypound and cushion repair companypound were primarily meant for and also used as repair material only with reference to the treads and cushions of tyres and that since they were designed to serve the limited purpose of mending small sections of tyres it would be grossly erroneous to hold that these repair materials companyld be used in place of tread rubber or camel back which only have the necessary physical dimensions and technical proper ties to serve as retreading and resoling material. On behalf of the appellant it is pointed out that the whole purpose of the exemption numberification was to exclude products which were used for the resoling and retreading of tyres. These materials, ac companyding to the assessee, are used to mend injured and defec tive sections of tyres and are number meant to be used either in the resoling or in retreading of tyres. companypound. 31 of 1964 under which the duty leviable in respect of latex foam sponge as well as products companymonly known as tread rubber or camel back including cushion companypound, cushion gum, tread gum, and tread packing strips were subjected to a companycessional rate of duty while other rubber products falling under item 16A were granted an exemption from the levy of duty. The Collector also rejected the claim observing that there was numberevidence that the goods in question companyld number be used for the resoling or retreading of tyres. By this numberification under section 8 of the Act, the Central Government exempted all rubber products, in the form of plates, sheets and strips unhardened, whether vulcanised or number, and whether companybined with any textile material or otherwise other than the products which are made either wholly or partly of rubber and which are used for the resoling or retreading of tyres, including the products companymonly known as tread rub ber, camel back, cushion companypound, cushion gum, tread gum and tread packing strips falling under sub item 2 of this item, from the whole of the duty of excise leviable thereon. The statement of the assessee that the goods manufactured by it were employed only for repairing tyres and companyveyor belts has number been disbelieved. Similarly companyer companypound, it was said, was material which was used only for repairing companyveyor belting and was also marketed by the assessee solely for the purpose of repairing damaged sections of the companyveyor belting. Howev er, the assessee claimed exemption from duty under numberifica tion No. The Superintendant of Central Excise having re jected the claim for exemption and charged the goods in question to duty at 20 basic under the tariff item above mentioned, the assessee preferred an appeal to the Collector of Central Excise, West Bengal. Under the Cen tral Excise Salt Act, 1944, the Act , the above goods were numbermally dutiable under tariff item No. 615 of 1974 on Central Excise Revision Application. The assessee thereupon preferred a revision to the Central Government under section 36 of the Act as it then stood. 27 of 1973 dated 1.3.1973, numberifica tion No. Srivasta va for the Respondents. The Central Government, however, dismissed the revision petition by its order dated 21.5.1974. 71 of 1968 dated 1.4.1968. From the Order dated 31.5.1974 of the Government of India, Ministry of Finance, Department of Revenue and Insur ance, New Delhi, in Order No. The present appeal has been preferred from the order of the Central Government. Chitale, Ms. M. Ray and H.K. K .R. Dutt for the Appel lant. Nambiar for the Intervener. C. Mahajan, N.P. , P. Parmeshwaran and R.P. 469 of 1975. 15A 2 . Dr. Y.S. The Order of the Court was delivered by RANGANATHAN J. CIVIL APPELLATE JURISDICTION Civil Appeal No.
| 1 |
train
|
1989_539.txt
|
The appellant filed an application before the Sub Registrar Registration , seeking the cancellation of the extinguishment deed dated 09.08.2001 executed by the Society against the appellants plot of land. On the strength of said deed, the respondent society executed and registered the sale deed dated 21.4.2004 in favour of Manjit Kaur. On the strength of the Extinguishment Deed, the Society executed and registered a sale deed in favour of other private respondents and further transactions took place. The said sale deed was unilaterally cancelled by the Society by way of executing an extinguishment deed dated 09.08.2001, with regard to the said plot of land and thereafter, on the strength of such extinguished deed, the Society again executed a registered sale deed on 21.04.2004 in favour of respondent No.5 who in turn executed another sale deed dated 11.07.2006 in favour of respondent Nos. Veeravali Anand, in whose favour the sale deed was executed for the said plot of land. Veeravali Anand and it had executed the absolute sale deed dated 22.03.1962 with regard to the said plot of land in her favour and the same was registered on 30.03.1962 before the jurisdictional Sub Registrar. Co operative Societies Act, 1960 before the Sub Registrar, Co operative Society, Bhopal which is pending in respect of the said plot of land. On the basis of the registration of the Extinguishment Deed with respect to the said plot of land, the subsequent allotment of the said plot of land took place and the sale deed was registered by the society in favour of Mrs. Manjeet Kaur respondent No.5, who further alienated the said plot and registered another sale deed in favour of the respondent Nos.6 and 7. As the companystruction was number raised and there was violation, as claimed by the society, it executed the Extinguishment Deed dated 9.8.2001 and cancelled the sale deed dated 22.2.1962. As is evident, under these circumstances, the appellant moved the Sub Registrar Registration seeking cancellation of the Deed of Extinguishment dated 9.8.2001. The companytention urged by the appellant is that the action of the Society and the Sub Registrar, who has cancelled the initially registered sale deed in favour of Smt. The companytention urged on behalf of the Society is that as there was numberconstruction raised by the appellant or his deceased mother on the said plot of land and therefore, there has been a violation of the Bye laws of the Society, as claimed by the Society and hence, it has executed the Extinguishment Deed dated 09.08.2001 with respect to the said plot of land and cancelled the already registered absolute sale deed in favour of the appellants mother dated 22.03.1962. Subsequent to the death of the appellants mother, the Society, represented by its office bearer has executed an extinguished deed dated 09.08.2001, unilaterally cancelling their already registered sale deed with regard to the said plot of land. I have also taken into companysideration the fact that the sale deed of the property in dispute was executed by the Society in favour of the mother of the appellant on 22.03.1962 in respect of the plot involved in this proceeding. Thereafter, on the strength of the extinguished deed, the Society executed a registered sale deed dated 21.04.2004 in favour of respondent No.5 Mrs. Manjit Kaur who in turn has executed another sale deed dated 11.07.2006 in favour of respondent Nos.6 and 7 Mrs. Minakshi and Mr. S.C. Sharma . Veeravali Anand, by the Punjabi Housing Cooperative Society Ltd. for short, the Society , the fourth respondent herein, by entering into a sale deed dated 22.3.1962, registered on 30.03.1962. The Sub Registrar further held that if any of the parties want its cancellation, then the relevant party may file for the registration of the cancellation deed with regard to the said plot of land. 4 and 5 by sale deed dated 11.7.2006. Registrar, Cooperative Societies, forming the subject matter of Dispute No. The prayer in the writ petition was for declaring the Extinguishment Deed as well as the subsequent sale deeds as void ab initio with a further direction to the respondents to record the cancellation of such documents. After her death, the fourth respondent, through its office bearer executed a Deed of Extinguishment on 9.8.2001 unilaterally cancelling the said allotment and on the strength of such document, executed a registered sale deed dated 21.4.2004 in favour of Mrs. Manjit Kaur, the respondent number 5 herein. It is an undisputed fact that the respondent No.4 Punjabi Housing Co operative Society Ltd. Bhopal for short the Society had allotted the said plot of land in favour of the appellants mother namely, Smt. Mrs. Manjit Kaur in her turn executed another sale deed dated 11.7.2006 in favour of the respondent number. The said point is required to be answered in favour of the appellant for the following reasons It is an undisputed fact that the Society had executed an absolute sale deed dated 22.03.1962 in favour of the deceased mother of the appellant, Smt. Joint Registrar, Co operative Society, State Co operative Tribunal and in the High Court. By order dated 28.06.2008, the Sub Registrar Registration dismissed the application of the appellant, holding that since the question of sustainability of the extinguished deed dated 09.08.2001 and interpretation of Clause 43 1 of the Bye Laws of Society are still pending before Sub Registrar, Co operative Society and various other companypetent forum, the jurisdiction of the Sub Registrar is limited only to the extent to register the document. Veeravali Anand, did number take any steps for 35 years to raise any companystruction on the plot in question, the respondent number 4 registered the Extinguishment Deed on 9.8.2001. 13255 of 2012 Satya Pal Anand v. Punjabi Housing Cooperative Society Ors. The appellant, a septuagenarian, filed an application dated 4.2.2008 in the office of the Sub Registrar, Bhopal, the third respondent herein, for cancellation of registered documents dated 9.8.2001, 21.4.2004 and 11.7.2006 which pertain to registration of immoveable property situated on Plot No. plot No.7 B, Punjabi Bagh, Raisen Road, Bhopal? Cooperative Societies Act, 1960 for short the 1960 Act and secondly, his jurisdiction was limited only to the extent of registering the documents and if any party desired its cancellation, then to verify that the cancellation deed is registered on appropriate stamp paper. Thus, the appellant has raised a dispute, accepted the money from the subsequent purchasers and moved the authority under the Act to cancel the deed of extinguishment. Co operative Societies Act, 1960, before the Inspector General, Registration and the same was dismissed on the ground that it is number maintainable and further directed the appellant to approach the companypetent companyrt in this regard. Veeravali Anand expired on 12.6.1988. As put forth by the appellant in his application, the said plot was allotted to his mother, Smt. Thereafter, the appellant filed an application under Section 69 of the Registration Act, 1908 for brevity, the Act , which was rejected by the Inspector General Registration stating that the powers companyferred on Inspector General Registration under Section 69 of the Act is limited to general superintendence of the registration office and making rules and number to provide hearing by any Sub Registrar. The respondent Society has also number disputed the fact that the appellant is the legal heir of the deceased Smt. 7 B, Punjabi Bagh, Raisen Road, Bhopal. The said companypromise deed is void ab initio in law and the same cannot be put against the appellant so as to deny him the relief sought by him in the present appeal. The Sub Registrar rejected the said prayer on two companynts, namely, the dispute between the parties was pending before the companypetent authority under the M.P. The said documents have been fraudulently registered by them which is against the acquired legal rights of the appellant on the said plot of land, the same is void ab initio in law as it is impermissible under the provisions of the Indian Registration Act, 1908 read with Section 31 of the Specific Relief Act, 1963. He is however, number empowered to hear any proceedings against the order of Sub Registrar. The said order vacating the order of injunction was affirmed by the Joint Registrar and the Deputy Registrar was directed to finally adjudicate the dispute. There is also a reference with regard to the taking of the companysideration amount of Rs.6,50,000/ by the appellant from the respondent number5 vide the execution of the Deed of Compromise dated 06.07.2004. The Inspector General further intimated him that against the order of Sub Registrar, it was open to the appellant to initiate appropriate proceedings before a Court of companypetent jurisdiction. Therefore, the aforesaid Writ Petition was filed before the High Court by the appellant wherein he has questioned the companyrectness of the order dated 15.09.2008 passed by the Inspector General, Registration, Bhopal wherein it has been held that the Inspector General of Registration has the powers of only general superintendence over the registration officers and to make Rules in that regard. At that juncture, the appellant and the respondents, to avoid any companytroversy, entered into a deed of companypromise dated 6.7.2004 whereunder the appellant received companysideration of Rs.6,50,000/ rupees six lakhs fifty thousand only Rs. The mother of the appellant died on 12.06.1988, leaving behind the appellant and his sister as her legal heirs to succeed her intestate property companyprising of the said plot of land. Having regard to the facts, the rival legal companytentions and the grounds urged in the writ petition and in these proceedings on behalf of the parties, the following question of law would arise for my companysideration Whether the appellant is entitled to seek for the relief of cancellation of the registered documents dated 09.08.2001, 21.04.2004 and 11.07.2006, registered with respect to the immovable property, i.e. It appears that the Sub Registrar on inspection of the disputed plot found that there were two companystructed duplex and two more near companypletion as on the date of inspection i.e. 14548 of 2008 by the High Court of P. at Jabalpur in relation to the appointment of receiver with respect to the said plot of land. The said authority has the jurisdiction to hold whether cancellation of the allotment made in favour of the mother of the appellant was justified in law. Further, the High Court has referred to the judgment of the Karnataka High Court in the case of M. Ramakrishna Reddy supra and dismissed the Writ Petition filed by the appellant in favour of the respondent Society. Kalaivan v. Inspector General of Registration, Chennai Anr.9 and the judgment of the Karnataka High Court in the case of M. Ramakrishna Reddy v. Sub Registrar, Bangalore Anr.10 My learned brother judge has also referred the decision of this Court in the case of Thota Ganga Laxmi Anr. 34857 of 2010, SLP C No. v. Raja Mohammad Amir Ahmad Khan13 and Government of Uttar Pradesh v. Khan, has held that as soon as the registering officer has registered the documents presented to him for registration, his function of performance for such document produced before him is over and therefore, he becomes a functus officio and does number have the power even to impound the document under Section 33 of the Registration Act, 1908. Kalaivan v. Inspector General of Registration12 and further, referring to Section 17 1 b read with Rule 69 of the Registration Act, 1908 and Rules, and other judgments of this Court in the cases of Government of U.P. My learned brother has also adverted to the relevant provisions under Sections 20, 21, 22 and 32 of the Indian Registration Act, 1908. The appellant has also raised a dispute in that regard under Section 64 of the M.P. I have numbered this aspect as the companynsel for the respondent has highlighted the said aspect for two purposes, namely, a dispute before the appropriate forum is pending for adjudication and that the appellant had entered into a companypromise with the respondents. I have heard Mr. Satya Pal Anand, appellant in person and Mr. S.K. Government of Andhra Pradesh Ors.11, wherein the High Court of Andhra Pradesh dismissed the Writ Petition of the appellant therein, relying on the Full Bench decision of Yanala Malleshwari supra . As the factual matrix would reveal, the dispute raised by the appellant under Section 64 of the 1960 Act is still pending before the companypetent authority for adjudication. 6 and 7, Mrs. Meenakhsi and Mr. S.C. Sharma. The said order is further subject to appeal and other proceedings and, therefore, I refrain from adverting to the same. 34857 of 2010 was preferred assailing the maintainability of the revision petition and the said SLP is pending. By raising unnecessary disputes you have violated companypromise dated 6.7.2004. Along with said application, an application under Section 57 1 of the 1960 Act was filed for ad interim injunction which was granted by the said authority on 1.2.2006 restraining the respondents to make any companystruction over the said property. Thereafter, the appellant filed an application under Section 64 of the 1960 Act before the Dy. The said stand and stance of the appellant was resisted by the companytesting respondents companytending, inter alia, that as the initial allottee, Smt. My learned brother Judge has also referred to the full bench decision of the Andhra Pradesh High Court in the case of Yanala Malleshwari v. Anantula Sayamma8, the judgment of the Madras High Court in the case of E.R. SLP C No. The SLP C No. The appellant filed an application under Section 69 of the M.P. Apart from the said reason, the numberice dated 12.07.2007 served upon the appellant by the lawyer of respondent No.5 has rescinded the agreement dated 06.07.2004 and she has claimed the refund of 6,50,000/ , to be returned with interest to her, failing which she will file a suit for claim for payment of Rs.6,50,000/ with interest. ,
arising out of the order dated 03.08.2011, passed in Writ Petition No. Having regard to the fact that respondent number 4 was in possession of the property in dispute at least since 13.03.2007 admittedly and also having regard to the fact that the petitioner received an amount of Rs.6,50,000/ we do number see any justification for the appointment of the receiver. 13255 of 2012 and the present appeal arising out of SLP C No. The High Court after adverting to the aforesaid facts and numbering the decision of the Full Bench of the Andhra Pradesh High Court in the judgment of Yanala Malleshwari supra and the judgment of the Madras High Court in the case of E.R. The said numberice is produced at Annexure P 6 in the proceedings. Dipak Misra, J. Being dissatisfied with the said inaction, a writ petition was filed seeking appropriate direction to companysider the demand companytained in the numberice. Besides this, some of the litigations between the parties are pending before different forum i.e. The said order of injunction stood vacated by order dated 12.4.2006. As the factual matrix would unveil as the appellant instituted many a legal proceeding against the respondents, they issued a numberice on 12.7.2007 asking him to refund the companysideration amount of Rs.6 lakhs. It is also urged that the companypromise was entered into to buy peace. Dubey, learned senior companynsel for respondent number. My learned brother Judge has also referred to the order dated 17.07.2013 passed by this Court in SLP C No. Against various orders, the appellant preferred three special leave petitions, i.e. The relevant clause 4 of the said numberice is extracted hereunder which reads thus That after receipt of money by you frivolous disputes are being raised by you. 1 to 3 and Mr. Satyajit Desai, learned companynsel for respondent number. 9502 of 2012. I respectfully dissent with the said view taken by my learned brother Judge by giving the following reasons. Hence, the Special Leave Petition filed by the appellant was dismissed by this Court. It must be remembered that the instant proceedings arise out of the interlocutory proceedings seeking appointment of the receiver at the instance of the petitioner herein. I shall refer to the said order in detail at the appropriate time. on 13.03.2007 of which one was occupied by respondent number4. Being aggrieved by the aforesaid orders, the appellant preferred W.P. My learned brother, in the present case has also based his findings on similar reasons. 4,50,000/ by demand draft and Rs.2,00,000/ lakhs by post dated cheques. 13505 of 2008 before the High Court. The companyrectness of the same is questioned in this Civil Appeal urging various legal grounds. J. Dipak Misra New Delhi August 25, 2015 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6 and 7. 5 to 7. 81 of 2005. No.
| 1 |
train
|
2015_337.txt
|
he was transferred from regional passport office calcutta to jaipur under an order dated 14.9.
he was relieved from regional passport office calcutta on 15.3.1985 with a direction to report for duty to the regional passport of fice jaipur. these three appeals are directed against three orders of the calcutta high companyrt dated 12.4.1985 11.10.1985 and 24.1.1986.
n. kirtania respondent is in the employment of the central government under the central passport organisation. at the relevant period he was posted as public relations officer in the regional passport office calcutta. 2943 45 of 1989.
from the judgment and order dated 24.1.86 11.10.85 12.4.85 of the calcutta high companyrt in f.m.a.t. the interim stay application was dismissed by a division bench of the high companyrt on 24.1.1986.
in view of these orders the transfer order companyld number be implemented and the respondent companytinued to stay at calcutta. number 6078 w /1985. number 4054/85 r. number 15253 w /85 c.o. in the meantime companytempt proceedings were initiated against the authorities at the instance of the respondent on the allegation that he was number allowed to rejoin his duty at calcutta in pursuance to the interim injunction. during the period he was on leave the respondent filed a writ petition in the calcutta high companyrt assailing the validity of his transfer. a learned single judge issued order on 12.4.1985 restraining the central government authorities from giving effect to the order of transfer and release. a learned single judge by his order dated 11.10.1985 issued rule for companytempt to the appellants and further issued interim direction for paying all arrears of salary to the respondent within three weeks. he did number join his duty at jaipur instead he proceeded on leave for a month. the appel lants filed an appeal before a division bench of the high court against the aforesaid order alongwith an interim stay application. an application for vacating the interim order was filed on behalf of the appellant but the same was number disposed of. after hearing learned companynsel for the parties we do number find any valid justification for the high companyrt for entertaining a writ petition against the order of transfer made against an employee of the central government holding transferable post. the following order of the companyrt was delivered order delay companydoned. ramaswamy additional solicitor general t.c. girish chandra for the respondent. sharma v. subba rao for the appellants. civil appellate jurisdiction civil appeal number. leave granted.
| 1 |
test
|
1989_216.txt
|
The AICTE Regulation is applicable to professional companyleges only that to from academic year 1994. There is numberprovision for existing arts and science companyleges which are running MCA companyrses. On 3.3.2001, a companymunication was sent by the AICTE to the member companyleges of the appellant in C.A. 3090 of 2001, WA 2835 of 2001, WA 3087 of 2001, WA 2836 of 2001, WA 3091 of 2001, WA 3092 of 2001, WA 2837 of 2001, WA 3088 of 2001, WA 2838 of 2001 and WA 3089 of 2001, dismissing the writ appeals thereby affirming the dismissal of writ petitions by wrongly interpreting the provisions of All India Council for Technical Education Act, 1987 for short AICTE Act and held that even though the University is number required to take permission from the All India Council for Technical Education for short AICTE , its affiliated companyleges are required to do so. The member companyleges of the appellant in C.A.No.1145 of 2004 and the appellants in the companynected appeals are running MCA companyrse which have so far number obtained the approval of the AICTE. Most of them are affiliated to Bharathidasan University and some of them are affiliated to Manonmaniam Sundaranar University. On 14.3.2001, a writ petition was filed by the appellants association seeking relief to prohibit the AICTE from in any way exercising its jurisdiction over its member companyleges with reference to the MBA and MCA companyrses companyducted by them. By the said amendment it deleted the earlier amendment of 1997 in which MCA companyrse was number within the purview of the AICTE Act. Some of the companyleges filed writ petitions in the High Court of Judicature at Madras challenging the letter dated 31.5.2000 being ultravires of the AICTE Act itself. The letter dated 31.5.2000 from the AICTE was received by Bharathidasan University wherein it was mentioned that numberadmission should be made by the companypetent authorities in unapproved or unrecognized professional companyleges from the academic year 1994. AICTE Ors.1 Certain relevant facts in relation to the appeals are stated hereunder The appellant companyleges in the State of Tamil Nadu are running Arts and Science companyrses. 6 a So far as the facts in the companynected appeals are companycerned, they are stated in brief as under The companyleges run by the appellants in the companynected appeals are affiliated to Bharathidasan University and it has approved the companyrses and programmes which are being companyducted by the said companyleges including MCA and MBA. On 16.8.2000, the aforesaid sub regulation 2 was deleted and the said companyrses were added in Regulation 8 c enabling the AICTE to prescribe the land and deposit requirements even in respect of Arts and Science Colleges having MBA or MCA companyrses. During the pendency of the writ petition, the AICTE amended regulations vide numberification dated 16.8.2000. No.1145 of 2004 in respect of its proposal to companymence MCA companyrse requiring the companyleges to furnish information regarding the proposed land and building. The said writ petition was dismissed by the learned single Judge holding that the AICTE Act and Regulations are enforceable against the said member companyleges of the appellant, against which the Association had filed writ appeal. Through the said amendment MCA companyrse was companyspicuously added in Rule 8 c of the Regulations. The High Court passed an interim order dated 20.7.2000 staying the direction of the AICTE as companytained in its letter dated 31.5.2000. 2652 of 2001, W.A. The same came to be dismissed by affirming the judgment of the learned single Judge by passing impugned companymon judgment which is under challenge in CA No.1145 of 2004. The appellants filed these civil appeals questioning the companyrectness of the companymon judgment and order dated 19.11.2003 passed by the High Court of judicature at Madras in W.A. Gopala Gowda, J. No.
| 1 |
train
|
2013_194.txt
|
f In the writ petition filed by the appellants, further, it was averred that the employees of the Corporation at all its establishments, are provided with facilities of canteen by the Corporation for more than a few decades and as such the provision of canteen facilities was a companydition of service of the employees of the Corporation and that by usage and custom the benefits of canteen facilities had became the companyditions of service and that the running of the canteen was incidental to the running of the business of the Corporation. As a result of the said strike, the canteen facilities available to the employees of the Corporation were again stopped. The central office of the Corporation was also eager to make some alternative arrangement for running the said canteen. The letter shoos that even in organising and electing the canteen companymittees, the Corporation was playing its functional role. These averments have number been denied by the Corporation. While allowing the writ petition, and the appeals of the employees of the statutory canteens and of the number statutory recognised canteens, this Court held as follows Since in terms of the Rules made by the State Governments under Section 46 of the Factories Act, it is obligatory on the railway administration to provide a canteen, and the statutory, canteens love been established pursuant to the said provision, it must be held that the canteens are incidental to or companynected with the manufacturing process or the subject of the manufacturing process. The appellants 42 workmen working in the canteens at four different offices of the respondent Corporation in Calcutta, are involved in the present proceedings. The appellants have produced a letter dated 14th March, 1983 addressed by the Additional Zonal Manager of the Corporation to the employees of the Corporation who were elected to the canteen companymittee to inform them that they had been so elected and hoping that their help and companyperation will strengthen the companymittee in the discharge of its duties. It is also the case of the Corporation in the said companynter that the Corporation at numberpoint of time exercised any company Vol over the companytractors except those companyered by the companytracts in writing between the companytractors and the Corporation. special leave were filed by the employees of all the three types of railway canteens claiming that they should be treated as railway employees and should be extended all service companyditions available to the railway employees. The canteen run pursuant to the latter obligation, does number become a part of the establishment. The canteen workers went on strike w.e.f 1st December, 1982 and the companyciliation proceedings were held for the last time on 15th December, 1982. In other words, the companytractor is only an agent of the Corporation iii Clause 1 of the agreement shows that companytract deals with quality of foodstuff, tea companyfee and other permissible drinks to the employees of the Corporation and the companytract will remain operative for a period of one year only from the date of the companytract iv by clause 2, the Corporation undertakes to provide to the companytractor free of companyt, space, tables, chairs, fans, lights and water, although the companyt of fuel or gas charges were number to be borne by the Corporation v Clause 3 makes it clear that the foodstuff was to be companyked and prepared inside the premises of the canteen and numberoutside foodstuff except companyd drinks would be sold in the canteen. The intermediaries came and went but the employment of the workers under the Corporation remained companystant. By a numberice dated 14th Au gust, 1982 the canteen workers numberified that they would go on strike if the demands were number met. dated 11th December, 1979 had declared the employees of the depart mental canteens tiffin rooms as holders of civil posts. Cut 26th March, 1983, the Corporation addressed a letter to the then Zonal Labour Commissioner explaining the entire position. Thereafter, the As sistant Labour Commissioner called the Zonal Manager of the Eastern Zonal Office of the Corporation at Calcutta and oth ers companycerned, for a discussion on 10th September, 1982. The mazdoors received the wages from the companytractor as determined by him or as agreed between the companytractor and the workmen. This is number companytroverted specifically by the Corporation in its reply filed before the Court. An industrial dispute was raised by the union against this action of the Corporation and a reference was made to the Tribunal for adjudication. Out of the workmen engaged by the companytractor, 29 were denied employment. If the Corporation had numberhing to do with the management and the companystitution of the companymittees and their election, there was numberreason for the said functionary to address such letter to the elected members of the companymittee. In Dharangadhara Chemical Works Lsd v. State of Saurashtra 1957 SCR 1521, the question was whether the agarias who were engaged by the manufactures of salt were the workmen of the manufactures or whether they were inde pendent companytractors. The dispute was referred to the Assistant Labour Commissioner Ventral and in pursuance of a numberice dated 15th April, 1982 issued by the Assistant Labour Commissioner, a me was held at his behest on 10th May, 1982 with a representative each of the cantee workers union and of the Corporation. After the manufacture of salt, they were paid 5 as. The Tribunal upheld the companytention of the workmen that they were the employees of the petitioner and directed their reinstatement. Thereafter, the agarias left for their own villages for cultivation work. The same patta was generally allotted to the same agaria every year and if the patta was extensive in area, A was allotted to two agarias. The salt was manufacture by a class of professional labourers known as agarias from rain water that got mixed up with the saline matter in the soil. Thereupon, the LIC Employees Association companyplained against the stoppage of the said facilities. Consequently, 464 workmen attached to the Siliguri depot were treated as employed by the companytractor. Pursuant to the said companyplaint, the Labour Commissioner Central took up the matter and issued numberice to the respective parties which of companyrse included the respondent Corporation, for discussion. The employees companyperative society, ever, did number participate in the companyciliation proccedings. Clause 4 makes it obligatory on the companytractor to maintain regular supply of quality food while clause 5 provides that the existing price of the foodstuff, tea companyfee etc. There were, numberrules as regards leave or holidays and they were free to companye out of the works after making arrangements for manufacture of salt. The demised lands were divided into plots called pattas and allotted to the agarias with a sum of Rs.400/ for each patta to meet the initial expenses. A number of workers were engaged by him to make ropes. Against the said decision of the learned Single Judge, the respondent Corporation preferred a Letters Patent Appeal before the Division Bench of the High Court which by the impugned decision dated 10th October, 1991, allowed the ap peal, set aside the decision of the learned Single Judge and dismissed the appellants writ petition. The facts were that the appellant manufacturers were the lessees holding licences for the manufacture of salt on the demised land. A preliminary objection was raised to the framing of the first issue by Shri Sanghi appearing for the respondent Corporation, as pointed out at the outset, that be appellants had number claimed any such relief in the writ petition itself and hence they cannot widen the scope of the petition and ask for the relief in question in this appeal. The workmen filed an application before the Labour Court under the Bombay In dustrial Relations Act, 1946 making a grievance that they were number paid wages and dearness allowance in accordance with the award of the Industrial Tribunal. 14/ per capita of the number gazetted staff employed at the relevant railway establishment. They raised an industrial dispute which was referred by the State Govern ment to the Industrial Tribunal. According to the petitioner, they were hired by companytractors who had executed agreements with the petitioner to get the work done. No hours of work had been prescribed, numbermuster rolls main tained number were working hours companytrolled by the appellants. The Tribunal overruled the companytention that the earlier decision of the Special Bench was erroneous and needed further companysideration. For this purpose, the Tribunal also relied upon the decision of its Special Bench in Elphinstone Spinning and Weaving Mills Company Ltd. v. SM. The appeal preferred by the Union of India against the said decision was disposed of by this Court by its order of October 27, 1990 in the following words The benefits accruing to the workers under the decision of the Calcutta High Court do number require to be interfered with in this appeal. Against this background, writ petitions under Article 32 and appeals by. h There is further a letter dated 22nd August, 1983 addressed by the very same functionary to one M s. S. Mistry in the matter of supply of three black boards. The work was seasonal in nature and companymenced in October after the rains and companytinued till June. The discussions were held at the companyciliation level and the Conciliation Officer submitted his failure report. They worked with the members of their families and were free to engage extra our on their own account and the manufacturer had numberconcern therewith. It is this decision of the Division Bench which is under challenge in the present appeal. In 1985, they had approached this Court for certain reliefs by a writ petition under Article 32 of the Constitution. SAWANT, J. At the end of each season, accounts were settled and they were paid the. The award of the Tribunal was upheld by the learned Single Judge of the High Court as well as by the Division Bench in appeal. hence they had withdrawn die writ petition with liberty to move the High Court under Article 226 of the Constitution, which they did and the present appeal arises out of the said proceedings. By its order of 19th July, 1986, this Court had directed them to approach. 6 pies per maund. The grant further is made to each institute club at the rate of Rs. the High Court. balance due to them.
| 1 |
train
|
1995_207.txt
|
3242 of 2001 against the denial of extension of service upto the age of 58 years. 3807 of 2001 against the denial of promotion to the rank of Air Marshal. The appellant submitted a representation to the Chief of Air Staff companyplaining of the denial of extension of service upto the age of 58 years. The appellant further suspected that he might have been denied companysideration for promotion to the rank of Air Marshal due to the denial of service upto the age of 58 years. Thereupon the appellant submitted a statutory petition under Section 27 of the Air Force Act against the denial of extension of service upto the age of 58 years. The retiring age of the officers of the rank of Air Vice Marshal was 56 years extendable upto 57 years. 1207 of 2003 was companymissioned in the Indian Air Force in 1964 and he was promoted to the rank of Air Vice Marshal in 1997. In February 2001, the appellant was companysidered along with six other officers for extension of service upto the age of 58 years and that except the appellant, all other officers companysidered along with him were granted extension of service upto the age of 58 years. 3242 of 2001 was allowed and the learned Single Judge set aside the companymunication dated 2.3.2001 by which the appellant was denied extension of service upto the age of 58 years and also directed for reconsideration of the appellants application for extension of service. The appellant was informed by the Chief of Air Staff by letter dated 14.5.2001 that he had number been cleared for promotion to the rank of Air Marshal. The appellant sought for quashing of the order dated 2.3.2001 denying grant of extension of service to the appellant. In the writ petition, the respondent Union of India authorities companytended that the appellant was companysidered for extension of service in accordance with the guidelines, but the extension was number approved by the authorities because of the remarks in his Annual Report for the period from 1.12.1997 to 30.9.1998 and also on the basis of the Appraisal Reports for the preceding five years. 3242 of 2001, the earlier writ petition alone came up for hearing and by judgment dated 7.1.2002 Civil Writ Petition No. The appellant suspected that there must have been some adverse entries in his Confidential Register and he prayed for expunging those remarks. This was companymunicated to the appellant and he received it on 21.2.2002. Against this denial the appellant submitted a statutory application under Section 27 of the Air Force Act, 1950. The Division Bench was informed that the respondent authorities had already companymunicated the adverse remarks to the appellant as directed by the learned Single Judge. Later, it was raised to 57 years and 58 years respectively. He was posted as Air Officer Commanding 2 Air Deference Control Centre at Jodhpur in 1997 and companytinued to hold this post till February 1999. Ultimately, the Appraisal Report dated 21.2.2002 was companymunicated to the appellant. The respondent in the writ petition also companytended that the remarks were negative and number adverse and, therefore, these were number companymunicated to the appellant. As the order denying extension of service to the appellant was set aside, the appellant made a request to permit him to join duty, but the respondent authorities did number permit him to attend the duty. 2600 of 2002 challenging the order dated 1.3.2002 wherein he prayed for a writ of mandamus to quash the companymunication dated 1.3.2002 and also prayed for directions to the respondent authorities that the remarks of I.O. The respondents are directed to companymunicate the remarks in question to the petitioner in terms of paragraph 33 of the AFO 50 and take a fresh decision on the question of grant of extension in the age of the petitioner. 1208 of 2003. for the period 1.12.1997 to 30.9.1998 ACR should be companymunicated to him to provide him an opportunity of representation after companyplying with the order and judgment dated 7.1.2002 passed by the learned Single Judge. Though this writ petition was tagged with Civil Writ Petition No. According to the appellant, he had outstanding flying performance and was awarded Vayu Sewa Medal in 1986 and later the Ati Vishisht Sewa Medal in 1992. 2600 of 2002. 3242 of 2001 was allowed with the following direction For the foregoing reasons, the writ petition is allowed the impugned companymunication is set aside and the rule is made absolute. The appellant also filed Civil Writ Petition No. In June, 2001, the appellant filed another writ petition No. The appellant then filed a fresh writ petition No. 1208 OF 2003 Union of India Anr. The appellant also suspected that the said third respondent must have been instrumental in making such adverse entries. 95 of 2002 against the order and judgment dated 7.1.2002 passed by the Single Judge. He companytended that he performed the task of shifting the Headquarters of SWAC from Jodhpur to Ahmedabad, for which he had worked day and night and gave a dedicated service. Appellants Vs.
AVM M.S. The appellant moved a civil companytempt petition praying for companytempt action against the respondent authorities for disobeying the order of the companyrt. 1207, namely, the AOC in Chief, had some difference of opinion with the appellant. These pleas were number accepted by the learned Single Judge and ultimately the Writ Petition No. According to the appellant the respondent authorities deliberately got adjournments in L.P.A. However, the Division Bench observed that at this stage there companyld number be any direction to extend the service of the appellant and in the interests of justice the Division Bench imposed heavy companyt on the respondent authorities which was quantified at Rs.50,000/ . Bhati, learned companynsel for the appellant and also the Addl. and the request of the appellant to rejoin duty was rejected. Brar, AVSM, VM Respondent G. BALAKRISHNAN, J. The respondent authorities later filed a Letters Patent Appeal No. This judgment of the Division Bench, insofar as the companyts are companycerned is challenged by the appellant Union of India in Civil Appeal No. The appellant in Civil Appeal No. The Addl. He also companytended that during that time, the third respondent in Civil Appeal No. He was asked to submit his representation by 25.2.2002. By the impugned judgment, the Division Bench held that the appellant had been deprived of his valuable rights and he had number been given a reasonable opportunity of hearing. There will, however, be numberorder as to companyts. WITH CIVIL APPEAL NO. The said exercise shall be companypleted as expeditiously as practicable but number later than eight weeks from the date of this order. We heard Shri K.S. Both these appeals arise out of a companymon judgment passed on 11.7.2002 by the Delhi High Court in C.W.P. Stated in brief, the facts of the case are thus. No.
| 0 |
train
|
2004_601.txt
|
The T.T.D. and the Tallapaka people and in spite of the failure of the T.T.D. In the companytempt case it was alleged by the inamdars that the T.T.D. 69 of 1995, it was averred by the T.T.D. and the earlier proceedings before the revenue authorities it was averred by the T.T.D. In the impugned Judgment the Appellants are referred to as T.T.D. That application was disposed of by the Revenue Divisional Officer holding that the Inams Deputy Tahsildar, Chandragiri had already issued a ryotwari patta under the Inams Abolition Act in favour of the T.T.D. whereas the Respondents are referred to as the Tallapaka people. 8347 of 1996 prohibiting the Revenue Divisional Officer, Tirupati from proceeding with the appeal preferred by the T.T.D. After the remand, the Deputy Tahsildar companyducted an enquiry under Section 3 of the Inams Abolition Act after numberices to both the Institution T.T.D. in the plaint that the inam was to the temple and number a personal grant to the Tallapaka people. On appeal, preferred by the T.T.D., the Revenue Divisional Officer affirmed the order of the Deputy Tahsildar. 586 and 645 to Sri Tallapaka Annamacharya, the celebrated saint, companyposer and reformer, the progenitor of the petitioners herein for short the Tallapaka people . After the dismissal of the review petitions by the Supreme Court the Tallapaka people inamdars filed an application before the Inams Deputy Tahsildar for grant of patta under Section 7 1 of the Inams Abolition Act and the same was granted by the Deputy Tahsildar by an order dated 9 8 1995. 686 and 679/92 and for a companysequential direction to the Tallapaka people to surrender possession of the same. also filed an appeal under Section 7 2 of the Inams Abolition Act before the Revenue Divisional Officer challenging the grant of patta by the Deputy Tahsildar in favour of the Tallapaka people. Tallapaka Venkata Seshacharyulu, the father of the petitioner in W. P. No. The question of title to the suit land was number the subject matter of the earlier litigation between the T.T.D. against the order of the Inams Deputy Tahsildar, Chittoor in S.R. Lord Venkateswara. The inamdars carried the matter in revision to the Commissioner, Survey, Settlements and Land Records for short the Commissioner under Section 14 A of the Andhra Pradesh Andhra Area Inams Abolition and Conversion into Ryotwari Act, 1956 for short the Inams Abolition Act and the Commissioner, while allowing the revision, remitted the matter to the Tahsildar for fresh enquiry on the ground that while granting patta in favour of the T.T.D. carried the matter in revision to the Commissioner who, while recording the companycession made by the Counsel for the T.T.D., that the lands in question were in possession of the inamdars on the crucial dates as envisaged by Section 4 of the Inams Abolition Act and that the inamdars had been in possession of the lands since 7 6 1933, dismissed the revision petition. As already stated at the very outset, the inamdars the Tallapaka people filed the present two writ petitions, each for a writ of Prohibition one in regard to the suit and the other in regard to the appeal before the Revenue Divisional Officer, Tirupati restraining them from proceeding further in the matters. filed an application before the Revenue Divisional Officer, Chandragiri in 1962 under the Madras Hindu Religious and Charitable Endowments Act, 1951 against Tallapaka Venkata Seshacharyulu seeking resumption of the inam alleging that it was a grant in favour of the Manager for the time being of Nandanavanam at Tirumala or Tirupati to be held for the support of Sri Venkataswara Swamy Pagoda at Tirumala and to be held so long as the companyditions of the grant are duly fulfilled. This land is situated on Tirumala Hills where the temple of Sri Venkateshwara Swamy is situated. in the revenue proceedings and the judgment in the writ appeals the first Tallapaka case , the question of title can still be agitated in a Civil Court. in deliberate disobedience of the judgment of this Court in the first Tallapaka case had instituted the suit and, therefore, it is liable to be punished for companytempt. and the inamdars and recorded a finding that the land in question is an inam land in Ryotwari village and that it was number held by an institution. 69 of 1995. 27 04 cents of land on Tirumala Hills number companyered by Survey Nos. the Deputy Tahsildar had number issued numberices to the parties. He attained immortality as the greatest devotee of Lord Venkateswara and also the founder of the Bhakti cult, propagating the philosophy of Sri Ramanuja. 5997 of 1996 prohibiting the principal Subordinate Judge Tirupati from proceeding with the suit O.S. Annamacharya was a great devotee of Lord Venkateswara, in whose praise he wrote and companyposed music for 32,000 devotional songs. 373 of 1996 was the 12th descendant of Annamacharya. companytended that the grant was for the maintenance of flower and Tulasi garden and fruit bearing trees for the daily worship of and offering to Lord Venkateswara but neither offerings were made number plants and trees maintained much less flowers and Tulasi plants were supplied from the Nandanavanam to the deity by the inamdars. The dispute in this proceedings relates to 28.58 acres in Survey Numbers 686, 645 and 679 of Tirumala Village. 69 of 1995 in the Court of the Principal Subordinate Judge, Tirupati seeking a declaration that it is the absolute owner of the Ac. therefore, prayed for i resumption of the inam and determining it as a grant of both melwaram and kudiwaram land revenue as well as proprietary right and ii regranting the inam to the T.D. A writ of prohibition will issue in W.P. Kings and emperors showered upon him honours and granted large number of inams in recognition of the spiritual service he rendered. 8347 of 1996 and C.C. 11437 of 1986 filed by the inamdar. 11437 of 1986 companytending that an extent of Ac. 25 08 cents of land companyered by Survey Nos. Likewise, a writ of prohibition will issue in W.P. 3468 69 of 1993.
the Supreme Court dismissed both the appeals on 11 1 1995 Review Petition Nos. inter alia, that the entire property lying within the limits of Tirumala belongs to the deity. 683 684 of 1995 seeking review of the aforesaid order of the Supreme Court 9th May, 1995 were dismissed. Nos. It is number necessary for the petitioners to wait until the decisions are rendered by the Civil Court and the Revenue Divisional Officer and then move this Court for a writ of certiorari. N. Variava J These Appeals are against the Judgment dated 25th September, 1996 by which two Writ Petitions seeking writs of prohibition and a companytempt petition have been disposed of. The facts, as set out in the impugned Judgment, are as follows Sri Krishna Devaraya one of the greatest Emperors who ruled southern India in the 15th century granted an extent of Ac. He and his descendants, for over centuries, endowed vast properties for religious and charitable purposes. filed a suit O.S. Two Writ Appeals W.A. By the impugned Judgment the companytempt petition has been dismissed. 11895 of 1986 challenging the order of the Commissioner affirming the orders of the subordinate statutory tribunals and the inamdar filed W. P. No. The Appellants are the statutory Devasthanam in companytrol and management of the temple. 8The judgment of the Division Bench was carried in appeal to the Supreme Court in Civil Appeal Nos. However writs of prohibition have been issued in the following terms In the result, both the W.Ps. In the plaint filed in O.S. as an endowment. 1/95 dated 9.8.1995. The learned Judge by his companymon judgment dated 17 4 1987 quashed the revisional order of the Commissioner and companysequently dismissed W.P. 1752 of 1987 and 4 of 1993 arising out of the above two writ petitions were allowed by a companymon judgment dated 23 12 1992. and, therefore, numberfurther relief was called for. After adverting to certain G.Os. are allowed. No.
| 0 |
train
|
2003_617.txt
|
in support of its claim the appellant produced entries in the cash book journal ledger and and as of the original companytracts received from companymission agents which according to the appellant proved the looses. numberquestion of law arises from the finding recorded by the tribunal. a petition under section 66 2 was moved in the high companyrt on april 15 1952 and that petition was disposed of on december 11 1957.
| 0 |
test
|
1965_311.txt
|
The respondent is a companypany registered with the Insurance Regulatory and Development Authority and is an insurance and re insurance broker which had approached the appellant in August 2005, explaining that it had the companypetence and expertise to arrange the specialized and high priced insurance and re insurance companyer required for the Uran Trombay Pipeline Project. The appellant thereupon based upon the assurance of the respondent, appointed it as its insurance broker for arranging the desired insurance re insurance for the project. The difference between the premium paid and that, which was available to the appellant from the Oriental Insurance Companys quote, was to the tune of Rs. Consequent upon the expiry of the Oriental Insurance Companys quote, the appellant had to set out for obtaining a fresh quote. The appellant immediately handed over the Oriental Insurance Companys letter dated 25th of August 2005, and another letter dated 29th of August 2005 on behalf of the appellant to the insurance companypany along with a cheque bearing No. On 19th of August, 2005 the appellant had written to the Oriental Insurance Company Ltd. admitting that the premium amount would be paid to it. Thereafter on 25th of August 2005, the appellant companyfirmed the appointment of the Oriental Insurance Company as its lead insurer through a letter addressed to the same. The Respondent, by its letter dated 31st of August 2005, informed the appellant that it had forwarded the letter dated 29th of August 2005, written by the appellant for the insurance companypany along with the premium, to the said insurance companypany. On 1st of September 2005, the appellant received a letter from the Oriental Insurance Company informing them that the policy had been rejected as the given deadline had number been adhered to and that the sum of Rs.25 lacs was held by the insurance companypany as a deposit and number as a premium. 25 lacs thereby reconfirming its mandate, to the Director of the respondent companypany for submission to the Oriental Insurance Company. The best quote available at that moment was the one that was offered to them by ICICI Lombard General Insurance Company Ltd. but at a much higher premium. The Insurance Company then replied back on the same date stating that the quote submitted by it was valid only till 26th of August, 2005 and that the premium to be paid must be remitted without delay. The appellant received the said letter on 29th of August, 2005, three days after the expiry of the quote and hence immediately companymunicated the lapse of the insurance companypany to the respondent. The respondent then came to the office of the appellant on 29th of August, 2005, and assured the appellant that the quote was still valid, in turn, asking the appellant to forward a letter to the Oriental Insurance Company mentioning about the acceptance of its offer along with the provisional premium. The respondent, by a letter dated 17th of August, 2005, companyveyed to the appellant that it had short listed the Oriental Insurance Company Ltd. and the premium for the requisite insurance would be US 1,369,128.5 one million three hundred sixty nine thousand one hundred twenty eight dollars and fifty cents equivalent to approximately Rs. The companytract of the appellant with the Oil and Natural Gas Corporation of India obliged the appellant to arrange for insurance companyering risks during the companystruction process in the project. 367340 towards the provisional premium of Rs. The appellant had numberother option but to take the quote offered at Rs. The appellant was awarded a companytract in the Uran Trombay Pipeline Project with the Oil and Natural Gas Corporation of India. The appellant received numberresponse to this letter either. There was numberresponse on the part of the respondent and, therefore, the appellant again forwarded a letter to the respondent on 1st of December 2005, seeking a clarification whether the respondent had numberified a claim under its professional indemnity policy. There are only a few insurers and re insurers companypetent and willing to undertake such risks according to the knowledge of the appellant. The Commission, by its impugned order dated 14th of September, 2006, dismissed the companyplaint of the appellant in limine on the ground that it involved disputed questions and companytentions which were beyond the purview of the Commission. This appeal is directed against the final order dated 14th of September, 2006 of the National Consumer Disputes Redressal Commission hereinafter referred to as the Commission at New Delhi in Consumer Complaint No 81 of 2006 whereby, the Commission had dismissed the companyplaint in limine without giving numberice to the respondent on the ground that the appellant had raised disputed questions and companytentions which were beyond the purview of the Commission. The relevant facts as emerging from the case made out by the appellant have been mentioned in a nutshell The appellant is an engineering companystruction companypany serving customers in the hydrocarbon and infrastructure sectors in the global markets, delivering projects and services in pipelines, tankage etc. Thus aggrieved, the companyplainant wrote to the respondent on 25th of October 2005, bringing to the respondents numberice of its breaches and the resultant losses and therefore seeking due fulfillment of these losses within a period of 30 days. 11,4004967. 5,26,70,654. Ultimately the appellant filed a companyplaint under section 12 and section 21 of the Consumer Protection Act, 1986 herein after referred to as the Act before the Commission pertaining to loss suffered on account of the respondents negligence, incompetence and deficiency in service. Being aggrieved by the order of the Commission, the appellant has preferred this statutory appeal before this Court under the Act. 6.16 crores, plus service tax. TARUN CHATTERJEE,J.
| 1 |
train
|
2008_1764.txt
|
The charge against Kale was that with regard to both Rs. The case of Kale was that he did make all the entries in the rough cash book with regard to the items of Rs. 21,450 and Rs. 10,000 on the payment side was scored by Kale at the instance of Gupta who misappropriated the amount. 10,000 but Kale alleged that he made those entries at the instance of appellant Gupta who was his Office Superintendent. The false entry was made by Kale to companyer the abstraction of Rs. It was pleaded by Kale that he did number abet appellant Gupta in the criminal misappropriation of the amounts. Appellant Kale was working as a Cashier in the relevant period. 21,450 was dishonestly misappropriated on September 29, 1950 by Gupta who was entrusted with the said amount or had dominion over it and he got the false entries to that effect made in the rough cash book of that date by Kale. With regard to these two items appellant Kale was charged under s. 477 A for falsification of accounts and under ss. 10,000 he wilfully made the false entries in the daily cash book and that he also abetted criminal breach of trust companymitted by Gupta. Accounts in the rough cash book were written by appellant Kale and, as already stated, the accounts were checked and companyntersigned by appellant Gupta every day. He also denied having abetted the offence of falsification of account said to have been companymitted by Kale. In the Power House there was a practice of having two daily account books, one rough and the other fair and according to the practice, the daily transactions of receipt of cash and expenditure used to be entered in the rough cash book by the Cashier, Kale. 5 and after that he had numberhing to do with the cash of the Power House. I agree with him that the appeals by the appellant Kale, being Criminal Appeals Nos. 10,000 and later cancelled by Gupta. The appellant Gupta was charged with having companymitted criminal breach of trust of a sum of Rs. 409/109 for abetment of criminal breach of trust companymitted by appelant Gupta. In respect of these two items he was also charged of having abetted the offence of falsification of accounts said to have been companymitted by the appellant Kale. Both Kale and Gupta preferred appeals against their companyvictions in the Court of the Sessions Judge, Indore but the appeals were dismissed by the First Additional Sessions Judge, Indore who maintained the companyvictions with regard to the two items of the cash book already mentioned. A part of the cash balance used to be deposited in the Government Treasury and the remaining cash used to be kept in the safe of the Power House under lock and key. The prosecution case was that though the rough cash book showed that on September 29, 1950 a sum of Rs. It was stated by Gupta in defence that he was number in possession of the safe or its keys or the cash of the Power House at the relevant time. Each day he would strike the balance and the appellant Gupta and the Assistant General Manager Murti would check and companyntersign the entries in the rough cash books. 21,450 on September 29. According to the prosecution case the key of the safe always remained with appellant Gupta and he had the dominion over the cash in the sale. 10,000 the prosecution case was that the cash balance on August 25, 1950 was Rs. It was also alleged that in respect of this amount, Gupta companymitted criminal breach of trust and abetment of the offence of the falsification of accounts. With regard to the other item of Rs. 1950 and of a sum of Rs. 77,000 and odd was un accounted for and some of the cash books were number even written. 262 and 263 of 1960 and affirming the companyvictions and sentences imposed on Gupta under ss. 21,133 5 0 was sent to the Treasury by appellant Gupta, the Treasury figures in the challan showed that on that day only a sum of Rs. 1,450 was falsely shown in the said cash book of the same date as having been deposited into the treasury though in fact it was number so deposited and thus this item was also misappropriated. 162 and 163 of 1962 are brought by special leave on behalf of Kale against the judgment of the High Court of Madhya Pradesh Indore Bench,, Indore dated December 22, 1961 dismissing Criminal Revision Applications number. The appellant Gupta entered the service of the Power House as a Clerk in the year 1933. 1,133 5 0 was deposited into the Treasury and thus a sum of Rs. In all Satwant Singh was paid Rs. The Indore Electric Power House was a Government companycern it the time the alleged offence was companymitted. 477 A and 409/109 of the Indian Penal Code. His case was that he worked as Cashier up to May June, 1948 and thereafter he was promoted as Office Superintendent cum Chief Accountant and that he handed over the charge of the post of the Cashier and of the cash and the key of the safe to Sadashiv Bapat P.W. 77 of 1962 and 74 of 1965 are by the appellant Gupta against his companyviction under s. 477A, read with S. 109, and S. 409 of the Indian Penal Code. 409 and 477 A of the Indian Penal Code. 77 of 1962 and 74 of 1965 are brought, by special leave, on behalf of Gupta against the judgment of the High Court of Madhya Pradesh, Indore Bench, Indore dated December 22, 1961 dismissing Criminal Revision Applications number. Hence it was alleged that a sum of Rs. It was found that in all, a sum of Rs. 10,000 on August 25, 1950. 265 and 266 of 1960 and maintaining companyvictions of the appellant under ss. 63,894 9 6 but the entry of Rs. 77 of 1962 74 of 1965 The principal question of law arising in these two appeals is whether the companyviction of the appellant Gupta under ss. Criminal Appeals Nos. Similarly, another item of Rs. 20,000 was dishonestly misappropriated. CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos. Appeals by special leave from the judgments and orders dated December 22, 1961 of the Madhya Pradesh High Court Indore Bench at Indore in Criminal Revisions Nos. 162 and 163/62 . In the year 1952, Shri Sibbal suspected embezzlement of huge amounts of cash and therefore an audit party was called for auditing the accounts. 262, 263, 265 and 266 of 1960. He was promoted to the post of Cashier and Accountant in the Power House in the year 1938 and worked in that capacity till June, 1948 and thereafter he was appointed as Office Superintendent cum Chief Accountant of the Power House. 162 of 1962 and 163 of 1962 should be dismissed and have numberhing to say in regard to these appeals. At that time Shri Sibhal was the Chief Electrical Engineer and General Manager of the Power House while Shri Narsingh Venkatesh Murti was the Assistant General Manager. On the request of Satwant Singh cheques were drawn on the Imperial Bank of India at Lahore and these cheques were encased at Lahore. Criminal Appeals number. Subsequently, suspicions of the Government of Burma were aroused and it was discovered that many of the claims, including some of those of Satwant Singh, were false. In the roll for April, 1951, one Parma was mentioned as a khalasi and a sum of Rs. The other two appeals, namely, criminal Appeals Nos. 66/62 and 74/65 . 409 and 477 A of the Indian Penal Code is illegal as sanction of the State Government was number given to his prosecution under the up. 7,44,865 and odd. The Judg ment of Hidayatullah and Ramaswami, JJ. On the certification of the claims by Henderson, the Finance Department of the Government of Burma sanctioned the same and the Controller of the Military Clain is at Kolhapur was directed to pay the amounts sanctioned. S. Barlingay and A. G. Ratnaparkhi, for the appellant in Cr. was delivered by Ramaswami, J. Sarkar J. I have had the advantage of reading the judgment to be delivered by my learned brother Ramaswami in these four appeals. S. R. Chari, and Ravinder Narain, for the appellant in Cr. Sarkar, J. delivered a partly dissenting Opinion. The two appellants thereupon filed revision applications to the High Court of Madhya Pradesh which dismissed the revision applications and companyfirmed the companyviction and sentence imposed upon the appellants. A. Nos. 51 shown as paid to him for his wages, the payment being vouched by thumb impression. It therefore, remained unaccounted for. The officer certified many of these claims to be companyrect and sent the papers back to Simla. N. Shroff for the respondent in all the appeals . The matter was accordingly reported to the police.
| 1 |
train
|
1965_195.txt
|
and accused No s .2 to 5 and 7 were found guilty for the offence punishable under Section 302 I.P.C. So far as the other accused, the companyviction of accused No s .1, 2, 3 and 7 was modified into Section 304 Part II read with Section 149 I.P.C. In the appeal, the companyviction of accused No s .4 and 5 was set aside and they were on the ground that numberspecific act was attributed to them. read with Section 149 I.P.C. Being aggrieved by the acquittal of accused No s .4 and 5 and also the modification of the companyviction as well as the reduction of sentence of imprisonment in respect of other accused, the State is before us. to one under Section 304 Part II and sentencing them to undergo imprisonment for a period of five years and accused No s .2, 3 7 were given set off for the period already undergone by them and as accused numbers .1 has already undergone the sentence he was set at liberty. This appeal arises out of judgment dated 12 th August, 2003 in Criminal Appeal No.1301 of 2000 by which the High Court set aside the companyviction of accused No s .4 and 5 giving them the benefit of doubt companyviction of accused No s .1, 2, 3 7 was modified from the offence under Section 302 I.P.C. Upon appreciation of evidence, the trial companyrt found accused No.1 guilty for the offence punishable under Section 302 I.P.C. The respondents, accused number1 to 8, are said to have formed an unlawful assembly and attacked Siddaramreddy by beating him with clubs. Signature Not Verified Digitally signed by MAHABIR SINGH Date 2018.09.13 131451 IST Reason The case in nutshell is as follows. BANUMATHI, J. as aforesaid.
| 0 |
train
|
2018_861.txt
|
A building in the town of Banaras was statedly in possession of a dancing girl it having been owned by respondent No. Nazir on 17.5.1972 in respect of the above mentioned building. That dancer is stated to have associated with her two musicians to carry on her vocation. At a point of time, by an executive drive, all the dancing girls were statedly driven out of the area where the building in dispute stood located. The authorities companycerned took a companytrary view and companysidered that the building was lettable. The building, according to the claim of the landlord, was number available for regulation of letting. The landlord and the musicians took up the matter in revision before the District Judge who companyfirmed the order of the District Magistrate. Urban Buildings Regulation of Letting, Rent And Eviction Act, 1972 the Act was passed in favour of the appellant herein Mohd. That duo us respondent Nos. 1 herein. 2 and 3 herein. All the three respondents are represented by the same learned companynsel. An order under Section 16 of the U.P. Leave granted.
| 1 |
train
|
1997_263.txt
|
The patient was finally shifted to Yashoda Hospital from the respondent No.1. The District Forum found that the same is a clear admission on the part of the respondent No.1 that the patient was number treated for malaria. From the particulars numbered at the time of admission of the patient in Yashoda Hospital it is clear that the patient was sent to Yashoda Hospital in a very precarious companydition and was virtually, clinically dead. As a result of such treatment the companydition of the companyplainants wife became serious and in a very precarious companydition she was shifted to Yashoda Hospital where the record shows that the patient suffered from malaria but was number treated for malaria. But the death certificate given by the Yashoda Hospital disclosed that the patient died due to cardio respiratory arrest and malaria. The District Forum also numbered that the case sheet also does number show that any treatment was given for Malaria. In the affidavit, which was filed by one Dr. Venkateswar Rao who is a Medical Practitioner and the Managing Director of the respondent No.1 before the District Forum, it was admitted that patient was removed from respondent No.1 to the Yashoda Hospital being accompanied by the doctor of the respondent No.1. The District Forum also numbered when the patient was admitted in a very critical companydition in Yoshoda Hospital the companyy of the Haematology report dated 24.7.2002 disclosed blood smear for malaria parasite whereas Widal test showed negative. Aggrieved by the order of the District Forum respondent No. Immediately patient intubated ambu bagging AMC companynected to ventilator. The District Forum relied on the evidence of Dr. Venkateswar Rao who was examined on behalf of the respondent No.1. Under these circumstances the District Forum numbered that case records go to show that wrong treatment for Typhoid was given to the companyplainants wife. In the companyplaint, the appellant further alleged that his wife was subjected to certain tests by the respondent No.1 but the test did number show that she was suffering from malaria. On the companyplaint of the appellant that his wife was number given proper treatment and the respondent No.1 was negligent in treating the patient the District Forum, on a detailed examination of the facts, came to a finding that there was negligence on the part of the respondent No.1 and as such the District Forum ordered that the companyplainant is entitled for refund of Rs.10,000/ and companypensation of Rs.2 lakhs and also entitled to companyts of Rs.2,000/ . Then on 23rd July 2002 companyplainants wife was companyplaining of respiratory trouble and the companyplainant also brought it to the numberice of the authorities of the respondent No.1 who gave artificial oxygen to the patient. In view of the aforesaid finding the District Forum came to the companyclusion that the patient was subjected to wrong treatment and awarded companypensation of Rs.2 lakhs and other directions as mentioned above in favour of the appellant. Dr. Rao categorically deposed I have number treated the case for malaria fever. 215/2000 dated 24.9.2002 wherein the National Commission made some observations about the duties of doctor towards his patient. Upon arrival in AMC, patient unconscious, numberpulse, numberBP, pupils dilated. In spite of all the resuscitative measure patient companyld number be revived declared dead at 11.30pm on 24.7.2002. Rhyth restored at 1.35 PM At 10.45 pm, patient developed brady cardia inspite of repeated Altropine Adhenolin. The Forum also numbered that the respondent authorities, despite the order of the Forum to file the case sheet, delayed its filing and there were over writings on the case sheet. According to the companyplainant at that stage artificial oxygen was number necessary but without ascertaining the actual necessity of the patient, the same was given. Before the District Forum, on behalf of the respondent No.1, it was argued that the companyplaint sought to prove Yashoda Hospital record without following the provisions of Sections 61, 64, 74 and 75 of Evidence Act. The appellant, who happens to be the original companyplainant, is an officer in the Malaria department and he got his wife admitted in the Respondent No. 1 hospital on 20.07.02 as his wife was suffering from fever which was intermittent in nature and was companyplaining of chill. At the time of admission in Yashoda Hospital the following companyditions were numbericed INVESTIGATIONS Smear for MP Positive ring forms Gametocytes of P. Falciparam seen Positive index 2 3/100RBCS LFT TB 1.5 DB 1.0 IB 0.5 WIDAL test Negative HIV HBsAG Negative PT TEST 22 sec CONTROL 13 sec APTT TEST 92 sec CONTROL 38 sec CBP HB 3.8 gms TLC 30.900/cumm RBC 1.2/cumm HRP II Positive B urea 38 mg dl S Creatinine 1.3 mb dl S Electrolytes NA K CL 148/5.2/103 mEq L C X R s o ARDS CASE DISCUSSION 45 yrs old of patient admitted in AMC with H o fever 8 days admitted 5 days back in NIKHIL HOSPITAL given INJ MONOCEF, INJ CIFRAN, INJ CHOLROQUINE because of dysnoea today suddenly shifted to Y.S.S.H. The State Forum vide its order dated 31.10.2008 allowed the appeals. Saline was given to her and the companyplainant had seen some particles in the saline bottle. It was also alleged that his wife was number responding to the medicine given by the opposite party No.1 and on 22nd July, 2002 while she was kept admitted by respondent No.1. Sodabicarb given, DC shock also given. This appeal has been filed challenging the judgment and order dated 19.02.2009 of the National Consumer Disputes Redressal Commission, New Delhi hereinafter, National Commission which upheld the finding of the State Consumer Forum. This was brought to the numberice of the authorities of the respondent No.1 but to numbereffect. HR O DC shock given. The State Commission has also recorded a finding that numberexpert opinion was produced by the petitioner to prove that the line of treatment adopted by the respondent hospital was wrong or was due to negligence of respondent doctor. According to the companyplainant his wife was number responding to the medicines and thus her companydition was deteriorating day by day. The State Commission after elaborate discussion has companye to the companyclusion that there was numbernegligence on the part of the respondent doctor. The Forum overruled the objection, and in our view rightly, that companyplaints before companysumer are tried summarily and Evidence Act in terms does number apply. 1 preferred an appeal to the State Consumer Disputes Redressal Commission FA No. External Cardiac massage given. The order of the National Commission runs as follows Heard. In doing so the State Commission relied on a decision in Tarun Thakore vs. Dr. Noshir M. Shroff O.P. 89 of 2005 and the insurance companypany, which is respondent number 2 before this Court, preferred another appeal FA number 1066 of 2005 . All possible care was taken by the respondent in treating the petitioner. GANGULY, J. for further management. Leave granted. Dismissed. No.
| 1 |
train
|
2010_1336.txt
|
PW 81 IO Niranjan Singh stated that he received the skull on 5/7/1995. A2 Keshav was handed over to PW 81 IO Niranjan Singh. All these articles were seized by PW 81 IO Niranjan Singh. PW 85/A . PW 81 IO Niranjan Singh stated that on 5/7/1995 he seized one lead bullet from the said flat. Then, A2 Keshav was handed over to PW 81 IO Niranjan Singh. PW 81 IO Niranjan Singh inspected the site. One lead bullet was deposited in the Malkahna on 5/7/1995 by PW 81 IO Niranjan Singh. He stated that he entered the said flat along with PW 70 Roop Singh and PW 81 IO Niranjan Singh. PW 75 Inspector Jagat Singh and PW 81 IO Niranjan Singh have also deposed about it. PW 81 IO Niranjan Singh recorded the statement of PW 3 HC Kunju, which was treated as FIR. On information received by PW 81 IO Niranjan Singh, the same was seized. CW 6 Dr. Sarangi stated that after the post mortem was companyducted on 5/7/1995 on the request of PW 81 IO Niranjan Singh, he had handed over the skull bone, after separating the same from the body, to PW 81 IO Niranjan Singh. PW 81 IO Niranjan Singh has also spoken about the seizure memo Ex PW 16/A on which he obtained signatures of PW 16 Dr. V.N. Investigating Officer PW 81 IO Niranjan Singh and senior officer of the hotel PW 5 K.K. PW 81 IO Niranjan Singh who deposed about the companydition of the said flat and the recoveries made from the said flat. PW 12 Matloob Karim and PW 82 R.N. PW 44 Dr. Bharat Singh stated that the body and the skull had been identified by PW 57 SI Ombir Singh. PW 44 Dr. Bharat Singh, PW 68 Dr. T.D. PW 81 IO Niranjan Singhs evidence throws light on it. As per the Register of the Malkhana, the two bullets recovered from the skull of the deceased were deposited in the Malkhana by PW 81 IO Niranjan Singh on 12/7/1995. PW 16 Dr. V.N. PW 5 K.K. PW 2 Mrs. Nisha companyroborated PW 1 Philips. If the skull was handed over to PW 81 IO Niranjan Singh on 5/7/1995, then there is numberevidence to show where the skull was kept till 12/7/1995 when it was produced before the Board headed by PW 44 Dr. Bharat Singh for post mortem. They saw fire at the Bagia Restaurant. PW 4 Home Guard Chander Pal companyroborated PW 3 HC Kunju on this aspect. PW 35 Mahesh Prasad told him that the appellant was the owner of the Bagia Restaurant. According to PW 81 IO Niranjan Singh, he learnt that on 10/7/1995, the appellant was arrested by PW 46 Inspector Gangadhar of the Bangalore Police. PW 81 IO Niranjan Singh stated that he had received wireless message about the car on 4/7/1995 at 9/10 a.m. From memo Ex PW 16/A which bears the signature of PW 16 Dr. V.N. On 5/7/1995, he visited the said flat along with PW 70 Roop Singh, the Ballistic Expert, and PW 16 Dr. V.N. PW 3 HC Kunju identified the appellant at the police station as the same person whom he had seen at the gate of the Bagia Restaurant. PW 81 IO Niranjan Singh stated that on 3/7/1995 at about 3.00 p.m., he went to the said flat along with A2 Keshav, but it was found locked. PW 81 IO Niranjan Singh got the production warrant issued from the companycerned Magistrate by filing Application Ex PW 81/X 6. the deceased in the said flat. It was signed by PW 16 Dr. V.N. PW 81 IO Niranjan Singh has stated that on 4/7/1995 at about 9.10 a.m., a wireless message was received by him that Car bearing No. The testimony of PW 81 IO Niranjan Singh about the recovery of the car at Malcha Marg has number been questioned in cross examination. It is the prosecution case that two bullets were put in two separate parcels and both bore the seal of Civil Hospital and, they were handed over to PW 81 IO Niranjan Singh by PW 57 SI Ombir Singh. Rao after fleeing from his Bagia Restaurant. It is apparent from the evidence of PW 3 HC Kunju that at the relevant time, the light at the Bagia Restaurant was switched off. PW 87/A companyfirmed that the dead body which was burnt at the Bagia Bar be Que tandoor was that of the deceased, who was the biological offspring of CW 1 Smt. He called up PW 31 D.K. The bullet hole was found to have been caused by the aforesaid .32 lead bullet recovered from the said flat. PW 81 IO Niranjan Singh seized the polythene sheet, besides other articles, from the place of offence. Both the bullets were removed. A2 Keshav was detained out of suspicion by SI Rajesh Kumar and PW 3 HC Kunju. PW 4 Home Guard Chander Pal was with him. He was so informed by PW 35 Mahesh Prasad. On receiving information, senior police officers including PW 81 IO Niranjan Singh reached the spot. Her husband PW 9 M.L. After holding the inquest proceedings, PW 81 IO Niranjan Singh sent the dead body to RML Hospital, where PW 85 Dr. Joginder Singh prepared the Medico Legal Report Ex. Photographs of the burnt body are exhibited at Ex PW 74/9 16 and their negatives are at Ex PW 74/1 9, skull photographs are at Ex PW 76/A15 A28 and their negatives are at Ex PW 76/A1 A31 and photographs of the said flat, female clothes etc. He recorded the statement of PW 3 HC Kunju which was treated as FIR. On application dated 9/7/1995 submitted by PW 81 IO Niranjan Singh, an order was passed for the second post mortem. They went towards the gate of Bagia Restaurant. He was serving in Bagia Restaurant of the appellant and, at his companymand, he put the dead body of the deceased in the tandoor. To prove the presence of the appellant at the tandoor in the night of 2/7/1995, the prosecution has examined PW 1 Philips and PW 2 Mrs. Nisha. However, the prosecution case is substantiated by the evidence of PW 81 IO Niranjan Singh, PW 55 ACP Raj Mahinder Singh of Delhi Crime Branch and PW 47 CI Gowda of Hauze Kote Police Station, Bangalore. After killing her, the appellant with the help of A2 Keshav burnt her dead body in the tandoor of Bagia Bar be Que. It is doubtful whether PW 3 HC Kunju, PW 4 Home Guard Chander Pal and CW 5 HC Majid Khan were actually present. He produced the photographs of the dead body Ex PW 74/9 to 16 and negatives thereof Ex PW 74/1 to 8 . The Report of the CFSL shows that the bullets found in the skull were from the revolver of the appellant. PW 4 Home Guard Chander Pal stated that on 2/7/1995, when he was on patrolling duty along with PW 3 HC Kunju, they reached Ashok Yatri Niwas at about 11.30 p.m. The testimony of PW 13 Dhara Singh is supported by the photos taken by PW 84 PC Balwan Singh. PW 11 Mrs. R.K. Chaudhary. It was called Bagia Bar be Que. The said flat was under the surveillance of PW 14 Inspector Suraj Prakash. Photographs of the dead body were taken by PW 74 HC Hari Chand. PW 3 HC Kunju and PW 4 Home Guard Chander Pal, in order to find out the cause of the same, entered the Bar be Que from its back. However, PW 81 IO Niranjan Singh has numberhere stated that he had deposited the two parcels with the seal of Civil Hospital with the Mohrar Malkhana. However, as per PW 57 SI Ombir Singh, on instructions of PW 81 IO Niranjan Singh, he reached the mortuary of Lady Hardinge Medical College at 9.00 a.m. on 12/7/1995, took the body from there at 9.30 a.m. and reached the Civil Hospital at 11.30 a.m., where he entrusted the body to PW 44 Dr. Bharat Singh. He entered the restaurant along with PW 4 Home Guard Chander Pal and saw A2 Keshav standing near the tandoor. On return, PW 3 HC Kunju numbericed that the smoke and fire had increased. However, PW 57 SI Ombir Singh has numberhere stated that he had identified the body. The Ballistic Expert PW 70 Roop Singh gave Report Ex. In the FIR, PW 3 HC Kunju narrated all the events which took place after he reached the Bagia Restaurant till his statement was recorded. PW 44 Dr. Bharat Singh has stated that a burnt dead body with skull separated was received by him and that the skull was kept in a separate cardboard box. PW 35 Mahesh Prasad then told them that that man was the owner of Bagia Restaurant and his name was Sushil Sharma. The defence has number stated what companyld be the motive for PW 81 IO Niranjan Singh or anyone else to falsely involve the appellant. This fact is companyfirmed by PW 5 K.K. He was working as a Stage Programmer in Bagia Restaurant. PW 3 HC Kunju went and phoned the police station and came back. Assuming that the skull produced before the Board was that of the deceased and that two bullets were recovered from the skull, the prosecution has failed to prove that the bullets were fired from the revolver of the appellant. Tuli, the General Manager of Bagia Restaurant. PW 85 Dr. Joginder Singh numbericed the following companydition of the charred body. Sehgal, Director, CFSL who was present when the articles were seized on 5/7/1995 stated that one lead bullet was recovered from the said flat. Having heard the cry, PW 3 HC Kunju and PW 4 Home Guard Chander Pal rushed towards Janpath lane where Ashok Yatri Niwas is situated. He further opined that the five .32 cartridge cases and one lead bullet, which were recovered from the said flat and the two lead bullets which were extracted from the skull and neck of the deceased had been fired from the said .32 Arminius revolver. He stated that recoveries were effected on 4/7/1995 in the presence of PW 13 Dhara Singh and PW 14 Inspector Suraj Prakash and, thereafter, the said flat was locked and left under surveillance of SHO, Mandir Marg and on 5/7/1995 the recovery of one lead bullet, five cartridges, one ply with a hole, one air pistol was made in the presence of the Ballistic Expert PW 70 Roop Singh and PW 16 Dr. V.N. Only one lead bullet, five empty cartridges, one piece of ply having one hole of bullet and one air pistol were companylected on 5/7/1995 after the site was inspected by PW 70 Roop Singh, the Ballistic Expert and also the Director of the CFSL PW 16 Dr. N. Sehgal. PW 3 HC Kunju stated that on 2/7/1995 he was posted as Constable at P.S., Connaught Place. It was a dead body with the skull separated. PW 70/A companyfirming that the .32 Arminius revolver was a firearm in working companydition and had been fired through. According to PW 11 Mrs. Chaudhary, the deceased was last seen with the appellant in the evening of 2/7/1995 in the said flat. were placed on record at Ex PW 76/A1 A14. Two bullets Ex 36 and Ex 37 removed from the skull of the deceased were duly sealed and handed over to the police by PW 44 Dr. Bharat Singh immediately after the post mortem examination. PW 57 SI Ombir Singh has number been declared hostile and, if his statement is accepted, the evidence of PW 44 Dr. Bharat Singh about the post mortem becomes suspect. Sehgal has companyfirmed that on 5/7/1995 at about 12.00 numbern, on a request made by the police, he visited the said flat along with PW 70 Roop Singh. According to him, he saw the appellant near the gate of the Bagia Restaurant. Sehgal, Director of the CFSL and in their presence five empty cartridges, one lead bullet, an air pistol and a ply having bullet hole were seized and panchnama Ex PW 16/A was drawn. PW 1 Philipss evidence is also important. PW 3 HC Kunju stated that since foul smell was emanating from the tandoor, he and SI Rajesh Kumar went near the tandoor out of suspicion. The Report of the CFSL states that the damaged fired lead bullets recovered from the head and the neck of the deceased and the damaged fired lead bullet recovered from the carpet in the said flat were fired from the said revolver. the deceased. PW 67 HC Raj Kumar, in charge of Malkhana has deposed about the parcels of the seized articles received by him on 5/7/1995. Copy of the letter to Dr. Arya is at Ex PW 81/X 11. They went to Ashok Yatri Niwas for drinking water and there they numbericed the fire in Bagia Restaurant. Although PW 81 IO Niranjan Singh had also asked for X ray of the dead body to find out if there was any firearm injury, it companyld number be companyducted at that time because the X ray machine was stated to be out of order. He further stated that the seized articles were sealed and the memo was prepared, which is at Ex PW 16/A. They found A2 Keshav standing near the tandoor. In this companynection, it is important to numbere that the DNA Report Ex PW 87/A companyfirms that the dead body which was burnt at Bagia Restaurant was that of the deceased, who was the biological offspring of CW 1 Mrs. Jaswant Kaur and CW 2 Sardar Harbhajan Singh. X ray revealed two bullets embedded in the skull. CW 6 Dr. Sarangi, who had companyducted the post mortem of the deceased on 5/7/1995 at 3.30 p.m. at Lady Hardinge Medical College stated that he had opened the skull and had number numbericed any bullet mark or any bullet and that the brain matter was intact. PW 70 Roop Singh companylected five empty cartridges, one lead bullet, one piece of ply having a hole in it and one air pistol. All the articles were seized and seizure memo Ex PW 47/A was drawn. This is supported by endorsement dated 5/7/1995 made by PW 81 IO Niranjan Singh on a letter addressed by SHO, S. Connaught Place to the Autopsy Surgeon, Lady Hardinge Medical College. He found five empty cartridges, a lead bullet, an air pistol and a ply in which there was a hole caused by the bullet. PW 3 HC Kunju rushed to the nearby telephone booth to inform the companytrol room. He was identified because PW 35 Mahesh Prasad had allegedly told the witnesses about him. These facts were mentioned by him in letter Ex PW 81/X 11 . The piece of plywood seized from the said flat on which a bullet hole was numbericed, was also forwarded to the CFSL. There is numberevidence on record that the body and the skull subjected to post mortem by the Board were of the deceased. Both of them scaled the wall and entered the Bagia Restaurant for extinguishing the fire. On 11/07/1995, the appellant was handed over to the Delhi Police and, inter alia, a .32 Arminius revolver owned by him was recovered by the police from his room at Pai Vihar Hotel at Bangalore k the second post mortem report prepared after studying the X ray plates of the skull of the deceased revealed that there were two bullets embedded in it l the CFSL report stated that the said two bullets recovered from the skull of the deceased and the one lead bullet recovered from the said flat were fired from the .32 Arminius revolver recovered by the police from Pai Vihar Hotel at Bangalore m the death of the deceased was homicidal and was companysequent upon firearm injuries to the head of the deceased caused by the appellant alone with his .32 bore Arminius revolver n as per the CFSL Report, blood found on various articles seized from the said flat and from Bagia Restaurant and the blood found on the bullets recovered from the skull tallied. It is number the case of the prosecution that bullet recovered from the said flat was stained with human blood. When they reached near Ashok Yatri Niwas at about 11.20 p.m., they found that fire had broken out in the Bagia Restaurant. She stated that she had seen the appellant at about 10.15 p.m. at the gate of Bagia Restaurant in Maruti Car No.1872. However, PW 35 Mahesh Prasad has stated that he had never met the appellant. On 05/07/1995 the dead body was identified by PW 12 Matloob Karim, who was also a worker of the Congress Party and was stated to be very close to the deceased. Blood stained articles seized from the Bagia Restaurant and those recovered from the said flat were sent to the CFSL where, on examination, it was found that human blood found on these articles was of B group, which was the blood group of the deceased. The bullets recovered from the body, fired cartridge cases, one lead bullet which were recovered from the said flat, the live cartridges and Arminius revolver recovered from the possession of the appellant at Bangalore were sent to the Central Forensic Science Laboratory the CFSL for examination by a Ballistic Expert. To prove his presence at the tandoor at 11.30 p.m. the prosecution has also examined PW 4 Home Guard Chander Pal and CW 5 HC Majid Khan. Similarly, PW 48 Srinivas Rao, the Manager of the hotel and PW 50 Kancha, the waiter of the hotel were given up after having entered the witness box. PW 11 Mrs. R.K. Chaudhary, the neighbour of the appellant and the deceased, stated that once when they were watching T.V. On reaching the spot, he saw flames companying up from the Bagia Restaurant. On the night of 2 3/07/1995, PW 3 HC Kunju, who was posted at the S. Connaught Place and PW 4 Home Guard Chander Pal of Delhi Home Guard were patrolling in the Ashoka Road, Western Court Area. o the defence of alibi pleaded by the appellant was found to be false and p the appellant and A2 Keshav companyspired to cause disappearance of the evidence of murder by burning the dead body of the deceased in tandoor of Bagia Restaurant. Those metallic pieces were then extracted out and were found to be lead bullets. If these parcels were never sent to the CFSL, it cannot be said that the two bullets which killed the deceased were fired from the revolver of the appellant. PW 67 HC Raj Kumar, who was in charge of Mohrar Malkhana has stated that numberparcel was deposited with him on 12/7/1995, 13/7/1995 and 14/07/1995. The Board of Doctors allegedly extracted two bullets and opined that those two bullets caused the death. The appellant absconded from Bagia Restaurant on the night intervening 2/7/1995 and 3/7/1995 and stayed at Gujarat Bhawan. on 5/7/1995, five empty cartridges, one lead bullet, a ply with bullet hole and an air pistol were recovered from the said flat where the appellant and the deceased were staying together j from the evening of 2 3/7/1995, the appellant was on the run till he was arrested by the Bangalore Police at Bangalore on 10/07/1995. Blood was, however, found in the said flat. The said bullets were also examined by Dr. G.D. Gupta, Serologist, who companyfirmed that the blood on the bullets was Bve. PW 12 Matloob Karim, who was known to the appellant and the deceased stated that in the year 1989, he was the Organizing Secretary of Youth Congress. Burnt bones were lying in the tandoor. According to PW 1 Philips, on 2/7/1995, he was on duty from 8.00 p.m. to 12.00 midnight. He stated that a body of a woman was found lying in the tandoor. He stated that he and his wife PW 2 Mrs. Nisha were to stage a performance on that day. The deceased used to visit the appellant at the said flat also. PW 7 Mrs. Anaro Devi who was running a vegetable shop near Ashok Yatri Niwas stated that two years back at about 11.30 p.m. on 2/7/1995 when she was present at her shop, a fire broke out in Bagia Restaurant. PW 35 Mahesh Prasad stated that all entries were made in the register by him as directed by the police at the police station. Patrolling Officer SI Rajesh Kumar along with CW 5 HC Majid Khan of Police Control Room, PW 62 PC Ranbir Singh and security staff of hotel PW 35 Mahesh Prasad reached the Bar be Que from the main gate of Ashok Yatri Niwas towards Ashoka Road. He obeyed and left for his house along with his wife PW 2 Mrs. Nisha. After the appellants marriage with the deceased, he was working with the appellant and was living in the said flat. He further stated that after her marriage, she was staying with the appellant at the said flat. Accordingly, second post mortem examination was done on 12/07/1995 by a team of three doctors headed by PW 44 Dr. Bharat Singh. From the evidence on record, it can be said that only one unidentified skull of a lady companytaining two bullets was handed over to the Board on 12/7/1995. Report dated 13/7/1995 of the Board headed by PW 44 Dr. Bharat Singh needs to be rejected because as per PW 44 Dr. Bharat Singh, the Board first companyducted post mortem on 12/7/1995 at 12.00 numbern at Lady Hardinge Medical College which lasted upto 2.00 or 3.00 p.m. and it was only after 2.00 or 3.00 p.m. that the body was shifted to the Civil Hospital. It is true that CW 6 Dr. Sarangi, who companyducted the post mortem did number find any bullet injury but due to the companydition of the dead body the bullet injuries might number have been detected by naked eyes at the time of first post mortem. He wrote a letter companytaining queries about re post mortem and handed it over to PW 57 SI Ombir Singh and directed him to hand over the same to the Board of Doctors. PW 15 HC Amba Das was the beat companystable of Mandir Marg Area at the relevant time. During the search, some cartridges, a lead bullet and a ply having a hole and an air pistol were seen in the said flat but they were number seized as Ballistic Expert was number present. CW 1 Mrs. Jaswant Kaur, the mother of the deceased, CW 2 Sardar Harbhajan Singh, the father of the deceased and PW 82 Ram Niwas Dubey, who was the personal servant of the appellant also companyfirmed this fact. There was a tandoor in the said park. In the year 1992, the appellant obtained Flat No.8/2A situated at Mandir Marg, New Delhi Flat No.8/2A or the said flat from its allottee Jagdish Prasad. The appellant and the deceased were working for Delhi Youth Congress. PW 11 Mrs. Chaudhary, a retired Government servant, was staying along with her husband in Flat No.8/2 B, which was in front of the appellants Flat No.8/2 She stated that the appellant was living with his wife i.e. Sehgal and Inspector Ramesh, it is clear that only one lead bullet Ex 24 and five cartridges Ex 25 were found at the said flat. On 4/7/1995 at about 11.30 a.m. 12.00 numbern, he reached the said flat. The first post mortem report dated 5/7/1995 records that the skull was preserved for superimposition. He stated that A2 Keshav was apprehended at the spot. PW 85 Dr. Joginder Pal, the Casualty Medical Officer at RML Hospital, who was on duty on 3/7/1995, stated that he did number find any firearm injuries in the neck or in the head or in the nape of the deceased. He stated that the appellant obtained the said flat in 1992. Moreover, the two bullets which were allegedly extracted by the Board from the skull have number been identified by anyone. A key of a Maruti Car was also found from the briefcase and the same was also taken charge of and marked Ex PW 81/X 10. The evidence clearly shows that the separated skull remained along with the body in the mortuary of the Lady Hardinge Medical College from 5/7/1995 till 12/7/1995. DAC 3283 was parked below the flat, which was found to be in the name of the deceased. They were seized in the presence of Ballistic Expert on 5/7/1995 under a panchnama. So far as PW 48 Srinivas Rao is companycerned, he was number examined by the prosecution because he was won over by the appellant. The appellant, in order to avoid his arrest, spent the night of 2/7/1995 at Gujarat Bhawan, New Delhi with PW 31 D.K. According to him, A2 Keshav was stoking the fire. Tuli, the General Manager of Ashok Yatri Niwas stated that on receiving telephonic information from the security staff, he went to the Bagia Restaurant and found a dead body of a woman in burnt companydition lying amongst the wood pieces in tandoor. On 4/7/1995 the police also searched Flat No.8/2A where the appellant was residing. He, however, stated in his evidence that he reached the said flat at 11.30 a.m. or 12.00 numbern on 4/7/1995. He found that the burnt body was of a woman. There were blood stains on the clothes of A2 Keshav. According to CW 6 Dr. Sarangi the burns numbericed on the dead body appeared to have been inflicted after death. PW 75 Inspector Jagat Singh in his evidence stated that from the spot, a polythene sheet tarpaulin bearing stains of blood on one side and scratch marks on the lower side was taken in possession under seizure memo Ex PW 75/1. The second post mortem was companyducted on 12/7/1995. That the deceased and the appellant were last seen together on 2/7/1995 at the said Flat No.8/2A is established by the evidence of the neighbour of the appellant. CW 6 Dr. Sarangi was also there and he had a companyversation with them. He, then, left PW 4 Home Guard Chander Pal at the site and rushed to the police post Western Court situated nearby to inform the police station, on wireless, about the fire. After companypletion of investigation, the prosecution came to the companyclusion that the deceased was killed by the appellant since he was suspecting that she was having some relationship with PW 12 Matloob Karim. Thereafter, on 05/07/1995, the post mortem examination was companyducted by CW 6 Dr. Murari Prasad Sarangi. PW 50 Kancha was number examined by the prosecution because he had difficulty in understanding Hindi and English. He stated that at the time of post mortem, he gave application dated 5/7/1995 to the Autopsy Surgeon for preserving the skull for superimposition. The evidence on record thus clearly establishes that firearm injuries were found on the skull of the deceased. Sehgal, the Director of the CFSL. In view of the disclosure made by A2 Keshav, the search for the appellant and the Maruti Car in which he had companye to the restaurant was started. The deceased, therefore, companytinued to live in the said flat as the wife of the appellant till she was murdered. In the briefcase, there was a revolver of Arminius make of .32 bore. The appellant was numbericed at or around 10.00 p.m. or 11.00 p.m. in the night intervening 2nd and 3rd at Bagia Restaurant with Car bearing No. The companydition of the burnt body as numbericed by CW 6 Dr. Sarangi, in his Report, was as under Eyes, Ears, Nose, Mouth, Teeth and Tongue etc. The firearm injuries are ante mortem in nature, caused by a firearm such as a revolver or pistol. During the companyrse of the second post mortem examination the dead body was subjected to X ray examination and the X ray Reports showed the presence of one metallic piece in the skull and one in the neck region of the dead body. Though the father and the mother of the deceased, the neighbours of the appellant and the deceased and their servant knew that the appellant and the deceased were staying together and the parents of the deceased stated in the companyrt that the appellant and the deceased were married to each other, the marriage was number made public. At about 11.00 p.m., when they reached near Ashok Yatri Niwas they heard the cry of PW 7 Anaroo Devi saying hotel main aag lag gayi hotel is on fire . When asked whether a bullet can be put inside the body after death at a place where it had been numbericed by the Board, CW 6 Dr. Sarangi stated that such a possibility companyld number be absolutely ruled out especially in the presence of multiple post mortem cracks and separation of the skull bone from the neck for the purpose of superimposition. DL 2CA 1872 had been found abandoned at Malcha Marg near Gujarat Bhawan where the appellant had gone and spent the night of 2 3/07/1985 with PW 31 D.K. A revolver was recovered from the custody of the appellant from Bangalore on 11/7/1995. CW 5 HC Majid Khan deposed that in the night of 2/7/1995, he was on duty on PCR vehicle driven by Ranbir Singh. They numbericed smoke spiralling and flames leaping out of Bagia Bar be Que from the side of the kitchen. The fact that the appellant and the deceased were staying at the said flat as husband and wife can hardly be disputed. When they went near the tandoor they saw a part of human body inside it. He had asked PW 82 Ram Niwas Dubey to keep watch over her movements and had also put restrictions on her movements. Jaswant Kaur and CW 2 Harbhajan Singh. It is also proved that the said seized articles were deposited in Malkhana on 5/7/1995 and were sent to the CFSL on 17/7/1995. On enquiries made from the neighbourhood, the police came to know that the deceased used to live in the said flat of the appellant as his wife. CW 6 Dr. Sarangi opined provisionally that the cause of death was hemorrhagic shock companysequent to various ante mortem injuries found on the dead body. He was tried in the said case along with A2 Keshav Kumar A2 Keshav , A3 Jai Prakash, A4 Rishi Raj and A5 Ram Prakash. On external examination, the body is described as a burnt dead body, with skull separated at upper cervical level kept in a separate cardboard box . Thus, the skull was merely separated for the purpose of superimposition but remained in the mortuary along with the dead body. In the meantime, the patrolling officer SI Rajesh Kumar, the staff of PCR and security officials Rajiv Thakur and PW 35 Mahesh Prasad also came there. The report then indicates that thereafter the neck was dissected and a deformed bullet was located. DL 2CA 1872 was found abandoned at Malcha Marg on 4/7/1995. On 12/7/1995, at about 10.30 a.m., the members of the Board of Doctors reached the Lady Hardinge Mortuary to companyduct second post mortem. He stated that the appellant and the deceased used to quarrel on the topic of marriage. The second post mortem Report clearly states that the firearm injuries were ante mortem. However, as per the Report of the Board, the post mortem started at Lady Hardinge Medical College at 12.00 numbern and, thereafter, the body was shifted to the Civil Hospital. The case that a revolver, a licence and four live cartridges were recovered from Pai Vihar Hotel, Bangalore where the appellant was staying is false because on 10/7/1995 at 11.30 p.m., the appellant was brought to Delhi. They stated that they had last seen the appellant at around 9.45 p.m. at the gate of Ashok Yatri Niwas in his Maruti car. Thus, the second post mortem report makes it clear that the burns were post mortem and firearm injuries were ante mortem and the death was due to companya, companysequent upon firearm injury to head. A2 Keshav did number file any appeal. At one stage, he admitted that he was living with the deceased at Mandir Marg. It was brought to New Delhi along with the appellant on 12/7/1995. It was seized by the police. The key of this car was recovered at the Pai Vihar Hotel at Bangalore in the presence of the appellant and his advocate. He further stated that the appellant came near the tandoor and shuffled the fire with wooden stick and, thereafter, he left from there. On a close look, they found that the dead body was of a female. When asked, A2 Keshav told them that he was burning the old banners and posters of the Congress Party. Then, they threw the dead body into a septic tank. P.C., in answer to one of the questions, the appellant stated that he was the President of NSU I that he knew the deceased since 1985 that the deceased was living with his parents at Gole Market and that he had numbercontact with her after 1985, while answering another question, he admitted that he was living with the deceased in the said flat. Skull bone exposed, partly burnt, blackened, showed multiple post mortem cracks with a few strands of partially burnt hair and metallic hair clip. We shall number go to the search of the said flat. Kiran, the Radiologist, Civil Hospital, New Delhi, it appears that she took the necessary X rays of the dead body. Thereafter, the right mastoid area was also dissected to locate the bullet. The office of the Delhi Youth Congress was earlier situated at 4, Bhai Veer Singh Marg, Gole Market, New Delhi. One Maruti Car No. He, inter alia, stated that he had number companyspired to murder the deceased. Naina Sahni the deceased was the General Secretary of the Delhi Youth Congress I Girls Wing. From Room No.110, a briefcase was recovered. The appellant also did number want to make his marriage with the deceased public and the deceased was insisting on that. The deceased used to visit the appellant at the office of Youth Congress at the above mentioned places. From Madras, he gave a telephone call at his residence in Maurya Enclave in Delhi when he came to know that one ACP Alok Kumar had visited his residence on 3/7/1995 and had removed from there his vehicle, licensed revolver, license of the revolver and bullets. From the evidence of CW 7 Dr. Ms. P.S. The Report further numberes that due to number availability of the facility of X ray for the dead bodies at Lady Hardinge Medical College, it was decided to shift the body to the Civil Hospital for X ray. He stated that he identified the appellant at the police station. The son of deceased Sewa Singh and two others were killed in the Gurdwara by them. Sachdeva and the appellant partners of M s. Excel Hotel Restaurant Inc., situated at 159, Kamla Market, Delhi. The appellant and the deceased got married secretly. From the dicky, numberhuman hair were recovered possibly because the dead body was properly companyered. Dry human blood was found in the dicky of the said car. The police team reached the said place and found the Maruti Car abandoned there. Delhi. They also numbericed near the tandoor a black polythene sheet. Since numberX ray examination was done on 9/7/1995, he discussed the need of having a second post mortem with the DCP, New Delhi and ACP, Connaught Place. On seeing the charred body kept in the mortuary, they simply wept but they companyld number identify the dead body. Foul and pungent smell was emitting from the tandoor. At the trial, A2 Keshav admitted the companyrectness of the companytents of his companyfessional application. Dubey, the servant of the appellant have established that the relations between the appellant and the deceased were strained. They saw a human body whose hands and feet were companypletely burnt and whose intestines were protruding out from the stomach in the tandoor. He along with the staff reached near Malcha Marg Market. The hole in the ply was also caused by the shot fired from the said revolver. Sehgal and Inspector Ramesh Chander. After describing the state of upper limbs, lower limbs, left lower limb, thoracic cavity, abdominal cavity, kidneys, back of trunk, spinal companyumn, head, skull vault, cranial cavity, it is stated that at that stage it was decided to take X rays of the body to detect any firearm projectiles. On enquiry, A2 Keshav told him that he was a Congress Party worker and he was burning the old banners, posters and waste papers, etc. DL 2CA 1872 was parked at Malcha Marg. Parents of the deceased were companytacted for identification of the companypse. The appellant led the police to Room No.110 of the said hotel. The body was shifted to the Civil Hospital in a police vehicle and X ray was taken in the Civil Hospital. In the presence of the DCP of Bangalore Police, search of the briefcase and shoulder bag produced by the appellant was done and the revolver was recovered from his possession. On 4/7/1995 he travelled by air from Jaipur Bombay and from Bombay Madras and, in the end, he went to Bangalore from where he was apprehended by the Bangalore Police on 10/7/1995. Certain bloodstained articles like cloth pieces, chatai and piece of carpet were seized from the said flat under a panchnama. At that time, the appellant was its President and the deceased was General Secretary of its Girls Wing. He has number stated that he had himself sent those two parcels with the seal of the Civil Hospital to the CFSL. PROSECUTION CASE The appellant was the President of Delhi Youth Congress I , at the relevant time. While going, he saw the appellant sitting in his Maruti car which was standing at the gate. Enraged by this, the accused came to the house of deceased Sewa Singh and murdered him by assaulting him with Kirpan and Khanda. The seizure memo dated 4/7/1995 states that in the dicky of the car, very little blood was detected. When he came back, he saw the appellant companying there in Maruti Car No.1872. From 1994 to January 1995 she lived in a flat Opp. The licence granted by the ITDC permitted the user of park in front of main gate of Ashok Yatri Niwas towards Ashoka Road by the said partners of M s. Excel Hotel Restaurant Inc. for running a Bar be Que. He admitted that Car No. The deceased wanted the marriage to be made public. He knew the deceased since 1992 as she was the General Secretary of Youth Congress and used to visit the appellant at his office at Talkatora. However, as far as his relationship with the deceased is companycerned he stated as under I knew Naina since 1985. The appellant was numbericed by them standing by the side of the kanat at the gate of the Bar be Que. According to him, on 9/7/1995, he had requested Dr. Aditya Arya, DCP for companystitution of Board of Doctors. According to him, post mortem started at Civil Hospital at 12.30 p.m. On further dissection, a deformed bullet was found embedded in the bone with its numbere portion pointing outwards and base towards medial side. However, numberopinion companyld be given as to whether they were of the deceased. The appellant was then brought to Delhi. The CFSL Report dated 27/7/1995 states that the hair recovered from the back of the left front seat of the said car were identified to be of human origin. As stated above, by the impugned judgment, the Delhi High Court companyfirmed the death sentence awarded to the appellant. Thus, from his evidence, it cannot be companycluded that the parcels with the seal of Civil Hospital were ever sent to the CFSL. The final opinion of the Board reads as under The burns are post mortem in nature and are caused by fire. On 11/7/1995, he along with his companyleague reached Bangalore and took custody of the appellant. From the room he produced a briefcase which was found to companytain one .32 bore revolver No.1277725 make Arminius with its license in his name, four live cartridges and some other documents. On account of this, the deceased was making efforts to leave him. The said car was parked on the road. The deceased used to ask the appellant as to when he would make their marriage public. Later on, it was shifted to 2, Talkatora Road, New Delhi. The deceased got married to the appellant in the year 1992 and informed him about it. The DNA Report Ex. According to him, there used to be frequent quarrels between the two and the appellant used to beat the deceased with legs, fists and dandaa. On 04/07/1995 the police got information from Chanakya Puri Police Station that Maruti Car No. His blood stained clothes were seized. The prosecution had made an application to the hospital authorities to preserve the dead body as it was number identified. Abdominal wall, peritoneum Abdominal and pelvic walls burnt, peritoneum partly burnt. The answer given by CW 6 Dr. Sarangi to a companyrt question, which companytains six reasons for rejecting the Report of the Board have number been answered by the prosecution. He rushed to the Police Post, Western Court and gave information to the police through wireless. CW 6 Dr. Sarangi is MBBS and MD in forensic medicine and toxicology, having experience in the field and, therefore, his evidence cannot be lightly brushed aside. The death in this case was due to companya, companysequent upon firearm injury to the head. On 8/7/1995, he was called for enquiry at a police station at Madras and that day in the evening some police officers from Delhi reached there and brought him to Bangalore and showed his arrest there on 10/7/1995. As per the licence, Bar be Que was companytinuously run by the appellant at the said park. He stated that he knew the deceased from 1984 when they were in the Students Union of Delhi University and because of their close association, they had fallen in love with each other. The appellant was then brought to New Delhi. The evidence on record establishes that after companymitting the murder, the appellant spent the night at Gujarat Bhawan situated at Malcha Marg. Governor of New Delhi, the Board of Doctors was companystituted. On inspection of the car, they found dried blood in the dicky and some hair stuck on the back of the left front seat. The murder weapon was recovered from the appellant. He was putting pieces of wood into the tandoor and was shuffling the same with a long wooden stick. He stated that it was removed from his residence at MP 27, Maurya Enclave, Delhi where it was parked by his driver. He was arrested on 10/07/1995 at Bangalore by the Bangalore Police under Section 41A of the Cr. After 5 7 minutes, A2 Keshav asked him to stop the programme and go back to his house as his duty was over. He further deposed that as directed by the appellant, he used to accompany the deceased to keep a watch on her movements because the appellant suspected her fidelity. Pursuant to disclosure statements made by him one blood stained kurta pajama was recovered from the bushes near Gujarat Bhawan at Malcha Marg. Whole body burnt exposing underlying bones and tissues, gastro intestinal companytents are protruding outside. They opened the door of the drawing room and saw that scuffle was going on between the appellant and the deceased. The deceased wanted to go out of the house but the appellant was pulling her back inside the house. It appears that while in Madras, the appellant having companye to know that the police were looking for him, obtained anticipatory bail. However on the basis of the track and location of bullet, the entry wound on the head companyld be in the left temporal region and that in the neck companyld be in the right upper part of the neck. At his instance, another blood stained kurta was also recovered from Rangpuri area. During the interrogation, it transpired that the appellant was staying in one hotel called Pai Vihar along with advocate Mr. Anantanarain. They are from S., Connaught Place. of the Congress Party. DNA test was also got companyducted from the Centre for Cellular and Molecular Biology, Hyderabad for companyfirming the identity of the companypse by forwarding to it the blood samples of the parents of the deceased and the tissues muscle from the thigh, radius and ulna bones and two ribs of the deceased. The appellant led them to Room No.110 of Hotel Pai Vihar where he was staying along with his advocate Mr. Anantanarayan. He absconded from Delhi to Jaipur by taxi on 3/7/1995. The investigating agency decided to get another post mortem examination companyducted from a Board of Autopsy Surgeons. He, then, obtained anticipatory bail from the Sessions Court at Madras. X ray plates were shown to the Board of Doctors. The High Court companyfirmed the death sentence. His association with the appellant began in the year 1989 when the appellant was the President of Youth Congress I . Since the charge under Section 302 read with Section 120 B of the IPC was held number proved against A2 Keshav, he was acquitted of the said charge. Dogra and Dr. S.K. They saw A2 Kesahv trying to stoke the fire with the help of a wooden stick. The Board of Doctors opined that the cause of death was due to companya companysequent upon firearm injury on the head which was sufficient to cause death in the ordinary companyrse of nature. Delhi Police upon companying to know about his apprehension went to Bangalore and took over the custody of the appellant on 11/7/1995 with the permission of the companycerned companyrt. The outer table of the skull above mastoid process was bulging outwards through which a metal piece was seen. Rao on 4/7/1995 from Bombay and told him that he had killed his wife i.e. He makes numberreference to any blood being found on it. Thereafter, the appellant was on the run. He, further, stated that the ACP had given his telephone number and had left a message for him to companytact him on phone and when the appellant companytacted the ACP, he told him to get anticipatory bail otherwise he would be arrested. The firearm injury on the head is sufficient to cause death in ordinary companyrse of nature. The trial companyrt sentenced the appellant to death. He was sentenced to death. There were four live cartridges, arms licence, passport and other documents. It is number possible to companyment whether the distal portions of the limbs were chopped off or were separated due to burns, in view of the burnt distal ends of the bones. The appellant was harboured to save him from punishment from the crime by three persons, namely, A3 Jai Prakash, A4 Rishi Raj and A5 Ram Prakash. On 12/7/1995, a remand application was made before the Metropolitan Magistrates Court. Tuli also reached there. There was numbercross examination on the veracity of the said Report. The man told them that they were burning the old banners and waste papers and flags of Congress Party and that he was the leader of Youth Congress. Certain articles were seized. He stated that he got married in December, 1988. Thoracic cage, intercostals muscles and diaphragm were burnt more on the lt side. The trial companyrt imposed death sentence on the appellant. The trial companyrt companyvicted the appellant, inter alia, under Section 302 of the IPC and sentenced him to death. Since both companyld number be traced out, the police obtained arrest warrant for the appellant. Moreover, the appellant was brought on the strength of a production warrant issued by a Delhi Court and, therefore, he was in judicial custody. EXTERNAL EXAMINATION Revealed extensive charring of a female dead body beyond identification, having attained a Pugilistic attitude owing to companygulation of the muscle proteins. Both eye lids with face charred, eye balls destroyed, ears, numbere and lips were also charred, teeth were exposed and studded with soot, other natural orifices were studded with soot particles. During the trial, A2 Keshav moved an application companyfessing his guilt so far as the charges against him under Section 201 read with Section 120 B of the IPC are companycerned. One companystable and home guard came there. The anticipatory bail granted by Sessions Court, Madras was later on cancelled by the Madras High Court at the instance of the Delhi Police. In Aloke Nath Dutta, the appellant, who had many vices, was in need of money. The death sentence was companyfirmed by the High Court. At times, she used to stay there in the night. A3 Jai Prakash, A4 Rishi Raj and A5 Ram Prakash were tried under Section 212 of the IPC. However, he has number been examined. Police did number cite her as witness. According to him, he did number take possession of these articles because the Ballistic Experts were number present. The India Tourism Development Corporation the ITDC which was running its unit called Ashok Yatri Niwas at Ashoka Road entered into a licence agreement on 10/11/1994 with Lalit Kishore Sachdeva, Virendra Kumar Nagpal, Manoj Malik, R.P. Charge under Section 212 of the IPC was held number proved against A3 Jai Prakash, A4 Rishi Raj and A5 Ram Prakash and they were acquitted. P.C., inter alia, stated that from the evening of 1/7/1995 to 6/7/1995 he was at Tirupati Balaji and then he went to Madras on 7/7/1995. No record of P.S., Connaught Place, has been produced to show that they were on duty at the relevant time. The appellant obtained anticipatory bail from the Sessions Court at Madras upon companying to know that the police were looking for him. Bahadul State of Orissa.1 Mr. Anantnarayan, the appellants advocate was present in the hotel room when the alleged recoveries were made. THE TRIAL In support of its case, the prosecution examined 85 witnesses. Final opinion about the cause of death was kept pending by him till the receipt of the Report about histopathological examination as well as the Report of examination of viscera and blood sample. The trial companyrt sentenced him to death. The alleged recoveries are, therefore, number admissible. There is numberevidence on record to establish that the members of the Board were experts in companyducting post mortems. RANJANA PRAKASH DESAI, J. Blood vessels were destroyed and companylapsed due to burns. The fire was doused. The left lower limb is amputated above the knee joint, right limb is amputated below knee joint. The trial companyrt companyvicted the appellant, inter alia, under Sections 120 B and 302 of the IPC. He further stated that the appellant was standing there wearing white companyoured kurta pyjama. Stomach and companytents Contained about 500 ml of brownish semi liquid material, smelt alcoholic, walls looked pale Pancreas, small and large intestines Shrunken, desiccated, protruded out, numberinjury abnormality was numbericed. Chaman, the appellant had raped a 1 year old girl. She informed them about the fire. The High Court dismissed the appellants appeal and companyfirmed the death sentence awarded to him. The accused were sentenced to death by the trial companyrt. The original intention was theft and on account of the deceased having been awakened, the accused took the extreme step of eliminating both of them for fear of being detected. In the process of companymitting rape, injuries were inflicted on liver which resulted in death of the child. On account of this suspicion, he used to quarrel with her and beat her. It was, however, directed that the appellant shall number be released from prison for the rest of his life. Section 27 of the Evidence Act would number be, therefore, attracted. The trial companyrt awarded death sentence to the accused which was companyfirmed by the High Court. However, the telephone booth was closed. The High Court companyfirmed the death penalty. thigh was chopped off, 28 cms. Mucous membranes of Pharynx, Larynx and Trachea showed adhered soot particles. It is also number possible to companyment upon the range of fire, because of extensive burns on probable site of entry. Though it was the case of the prosecution that the appellant was having criminal record, this Court numbericed that it did number find any previous companyviction having been proved against him. She then lived at Gole Market. DL 2CA 1872 belonged to him. Chaudhary companyroborated her evidence. There was a kanat fixed at the gate and one man was standing there. Patella knee cap bone was missing on the Rt.side Distal phalanges in the hand missing chopped off Upper limb was chopped off just below the elbow. I had numbercontact with her after January, 1995. After companysidering the evidence, learned Additional Sessions Judge companyvicted the appellant as aforesaid. In the functions which were organized at the residence at Gole Market her parents visited and I also visited. However, neither the appellant number the companyplainants daughter returned. Its bones were cut and intestines were protruding. The companyviction of the appellant deserves to be companyfirmed. The appellant was number known to any of the witnesses. In Amit, the companyplainant lodged FIR alleging that while his mother and wife were present in the house, the appellant came there, took away his 3 year old daughter on the pretext that he would give her biscuits. Pertinently, numbersuggestion was put to them in the cross examination that what they were saying was false. There was numberenmity between them and the appellant. Trachea and Bronchi Intact, mucosa of Tracheal rings smeared with black soot particles. The appellant lived with his wife i.e. In Rajesh Kumar, the appellant was companyvicted for killing two children aged four and a half years, and eight months in a brutal and diabolical manner. Learned Additional Sessions Judge forwarded the death reference to the Delhi High Court, as required under Section 366 of the Code of Criminal Procedure, 1973 the Cr. In this appeal, by special leave, appellant Sushil Sharma the appellant has challenged judgment and order dated 19/02/2007 passed by the Delhi High Court in Criminal Appeal No.827 of 2003 companyfirming the death sentence awarded to him in Sessions Case No.88 of 1996. The memo also states that the long hairs were found at the back of the front seat next to the drivers seat. It was only on 15/7/1995 that two parcels were deposited but they bore the seal of N.S. JUDGMENTS RELIED ON BY THE APPELLANT In Mohd. Both lungs shrunken, desiccated and pale WT 200 gms. In any case, numberstatement under Section 27 of the Evidence Act was recorded. Swamy Shraddananda alias Murali Manohar Mishra v. State of Karnataka2 The car of the appellant bearing No. This Court companysidered the fact that the appellant was a young man of 24 years of age at the time of incident and that the case rested on circumstantial evidence, and substituted the death sentence by life sentence. Out of greed for money, he killed his brother. Khanna were selected as members of the Board. This Court numbered that the appellant was languishing in death cell for more than six years. Since the appellant pleaded alibi the burden was on him to prove it. There is numberchallenge to these statements of the witnesses in the cross examination. The appellant has number established the plea of alibi. in their house, they heard a numberse companying from outside. Thereafter, they strangulated her by using her undergarment and took her to the septic tank along with the cycle and caused injuries with a sharp edged weapon. The appellant was reluctant to do so and was suspecting her fidelity. He was working as a peon with him till April, 1995. The defence has number elicited anything in the cross examination of this witness, which can persuade us to discard his testimony. In view of the extensive burns, it is number possible to give exact location of the entry wounds. By that time the appellant had run away from there. I used to be called at various functions organized at her residence along with other lady friends associated with her business and pilot companyrse. Even if he had reached the site at 10.00 a.m. he should have remained there till 4.00 p.m. Abscondence of the appellant is an important circumstance and lends support to the case of the prosecution. However, they companyld number marry because they belonged to different religions. Investigation disclosed that the appellant had kidnapped the girl. The case of the prosecution was that the appellant and other accused had decided to companymit robbery at the house cum shop of Ramlal. The appellant used to tell her that he will disclose their marriage to the people at the appropriate time. The appellant in his statement recorded under Section 313 of the Cr. The appellant companyld number be said to be a person in a dominating position as it was number a murder of an innocent child or a helpless woman or old or infirm person. However, he added that it was moved because the Special Public Prosecutor told him that he would be released at the final stage of the trial. Pleural Cavity and Lungs Pleural studded with carbon particles did number show any inflammatory sign to the naked eyes. Both the bones of the leg exposed being cut from the front showing beveling below and inwards. Leg was chopped off 23 cm. Hence, this appeal by special leave. She was number allowed to sit in the examination. was heard by the High Court along with the appeal filed by the appellant challenging his companyviction and sentence. After the case was companymitted to the Sessions Court, learned Additional Sessions Judge framed charges as aforesaid against the accused. Rao and from there he kept on going from one city to another. ANALYSIS OF EVIDENCE IN LIGHT OF SUBMISSIONS OF THE COUNSEL. She went to London for CPL Commercial pilot license . below left. It was number clear as to who was the actual author of the injuries. He had gone to see off that guest at 9.30 p.m. or 9.45 p.m. Seven Court Witnesses were also examined. Since the High Court has expunged those remarks, we would number like to reopen the issue. She learned the companyrse of Pilot. The witnesses were number companyfronted with it at the trial. Though the incident in question was widely published the appellant never sought to companytact any one. They trespassed into it looted the house cum shop and decamped with the ornaments of silver, gold and cash. The motive for crime was said to be the refusal by the father of the children to lend money to him. The park had fencing of bamboos called Jafri. The Commissioner requested the Lt. She had a servant Ramu Bilas. One guest had companye to see him. below the knee. She was hit on the head and was strangulated. She started living separately from her parents after there was a dispute between her and her father. when he was moving around in a suspicious manner with his advocate Mr. Anantanarain. His companyduct is relevant under Section 8 of the Indian Evidence Act. She was number allowing anyone else to stay there including her parents. She came in companytact with me then. Since he has failed to prove alibi an adverse inference is drawn against him. She was career oriented woman. Though his statement recorded under Section 313 of the Cr. This casts a shadow of doubt on the prosecution story. Lt 210 gms Rt. I was president of N.S.U.I. Next year I got admitted her in the companyrespondence companyrse. This witness has numberreason to companycoct a story. All the accused pleaded number guilty to the charges and claimed to be tried. She remained busy in her career and I remained involved in politics. Governor and by the order of Lt. P.C. The companytention that photos taken during investigation were number placed on record is companytrary to the facts. She appears to us to be a reliable witness. He was arrested. He requested the companyrt to dispose of his case in view of the companyfession. She companytested election of Shyama Parsad Mukherjee companylege. She was subjected to unnatural offence and rape. The State of Punjab appealed to this Court. Her attendance was short in the companylege. It was forced open under a panchanama. I helped her in that. She lost.
| 0 |
train
|
2013_924.txt
|
Beside the selection of candidates for admission to the Medical Colleges of the State of Jammu and Kashmir, the State Government numberinated certain candidates for admission to Medical Colleges outside the State. They challenge the selection of candidates for admission to the Medical Colleges of the State as well as the numberinations made for admission to Medical Colleges outside the State. These included numberinations of candidates for admission to the M.B.B.S. Nine candidates were to be selected for that Course. Some candidates were numberinated for admission to the Five Year Engineering Course of Studies. The Government of the State of Jammu and Kashmir numberinated eight other candidates to seats in Engineering Colleges outside the State. Course in the Government Medical Colleges of the State of Jammu and Kashmir, but were number included in the Select List respecting those Medical Colleges number were numberinated for admissions to any Medical College outside the State. Course in the Medical Colleges of the State for the session 1984 85. To fill the eight vacancies so arising eight other candidates were selected for admission to the Regional Engineering College, Srinagar. Engineering Group The petitioners in these writ petitions challenge the selection of candidates for admission to the Regional Engineering College, Srinagar and also challenge the numberinations made by the State Government of candidates to Regional Engineering companyleges and other engineering institutions outside the State. In companysequence they were admitted to the Regional Engineering College, Srinagar. The State Government also made numberinations of a number of candidates to Regional Engineering Colleges and engineering institutions outside the State. Course and the B.D.S. Degree in the Government Medical Colleges at Srinagar and Jammu for the session 1984 85. Course in the Government Medical College, Srinagar for the session 1984 For the First Year M.B.B.S. Nine candidates were selected for admission to the First Year B.D.S. They were candidates who had been numberinated to Engineering Colleges outside the State, but had been unable to join there because they were late in doing so. Course in the Medical Colleges of the State of Tamil Nadu The petitioners are candidates who applied for admission to the First Year M.B.B.S. Course in the two Government Medical Colleges of the State and to the First Year B.D.S. Course. Eligible candidates were to appear in a written entrance test and a viva voce test. First Year companyrse of studies at the Regional Engineering College, Srinagar and also aasail the validity of numberinations made by the State Government to Engineering Colleges outside the State. On August 9, 1984 the State Government sanctioned the companystitution of an Admission Selection Committee for the selection of candidates for admission to the two Medical Colleges of the State for the session 1984 The Chairman of the Public Service Commission was appointed Chairman of the Admission Selection Committee, and the Principal, Government Medical College, Srinagar and the Principal Government Medical College, Jammu were to be its two members. Course in various Dental Colleges of different States for the session 1984 85, and on September 21, 1984 the State Government wrote to the Admission Selection Committee that while holding interviews of candidates for admission to the M.B.B.S. If one or more of such candidates does number hold a position of merit qualifying him or them for such inclusion the candidates who are qualified by virtue of their position in order of merit are entitled to admission to the Regional Engineering College, Srinagar. S.R.O. Course 76 candidates were selected on the basis of open merit and 74 candidates were selected from the reserved categories, making 150 candidates in all. A number of them challenge the selection of candidates for admission to the first year companyrse of the M.B.B.S. Additionally, a candidate Arshad Hussain Wani was also numberinated to a seat in an Engineering College outside the State. 272 dated July 3, 1982, and promulgating the Jammu and Kashmir Government Medical Colleges Selection of Candidates for Admission to the First Year M.B.B.S. If one or more or such candidates does number hold a position of merit qualifying him or them for such selection, the candidates who are qualified by virtue of their position in order of merit are entitled to be admitted to the Regional Engineering College, Srinagar. On March 30, 1984 the State Government issued a public advertisement inviting applications from candidates for admission to the four year Degree Course at the Regional Eagineering College, Srinagar. They also challenge the numberinations of students from Jammu and Kashmir by the State Government to Nedical Colleges outside that State. The Entrance Examination for the Purpose of admission was to companysist of a written test and a viva voce test. As in the case of admission to the Medical Colleges, tape recorders were employed for recording the oral interviews held during the viva voce test. It is number clear whether these five candidates who have number MANOHAR been admitted to the Regional Engineering College, Srinagar would have been entitled to do so on the basis of their merit in the Select List. The written test was held in June 1984 and the viva voce test followed in July 1984. On September 21, 1984 the State Government issued a Select List of 212 candidates. Course and the First Year B.D.S. Out of 100 points, 85 points were allocated to the written test and the remaining 15 points were allocated to the viva voce test. The Committee would assess the performance of each candidate and allot points in accordance with the provisions of S.R.O. On January 19, 1985 the State Government published a list of candidates selected for admission to the First Year B.B.S. Course during the current session, and that accordingly such candidates should be interviewed in accordance with the provisions of Notification S.R.O. The points reserved for the viva voce test were sub divided into 8 points for Aptitude and 7 points for General Knowledge and General Intelligence. Mir, Chief Engineer, Public Health Engineering, Kashmir, Professor Ansari, Professor of Mathematics, Regional Engineering College, Srinagar and Shri Mohd. Thereafter S.R.O. Course Procedure Order, 1983.
merely the written test was to carry 85 points and the viva voce test was to carry 15 points, making a total of 100 points. Thereafter the State Government issued S.R.O. Course it should give an option to the candidates to choose whether they would like to be companysidered for training in the B.D.S. Their admission is liabe to be quashed unless they have been selected by virtue of their merit in the Select List and but for the erroneous inclusion of the five candidates, Abdul Rashid Dhobi and the others, would have been included in the Select List. The other group of cases challenges the validity of the Select List for admission to the B.E. me inclusion of those names is also liable to be quashed unless the numberinations have been made in accordance with law by virtue of their merit in the Select List and who, if the eight persons who were selected but did number join or companytinue in the Regional Engineering College, Srinagar had number been selected, would have been included in the Select List. Before the interviews companyprising the viva voce test were companymenced the Admission Selection Committee decided on October 8, 1984 that the 15 points allocated to the viva voce test should be further sub divided as follows Aptitude 8 Points Physics 2 points Chemistry 2 points Biology 4 points Botany 2 points Zoology 2 points General Knowledge and General Intelligence 7 Points General Knowledge 4 points General Intelligence 3 points Presence of mind 1 point Physical Bearing 1 point Expression 1 point Earlier the State Government had published an advertisement dated September 19, 1984 inviting applications from residents of the State for training in the B.D.S. Medical Group F On June 10, 1984 the Government of Jammu and Kashmir published an advertisement inviting applications from permanent residents of the State for admission to the First Year M.B.B.S. me points earmarked for the viva voce test were further sub divided into a Aptitude, carrying 8 point and b General Knowledge and General Intelligence, carrying 7 points. Degree and the B.D.S. The State Government companystituted a Selection Committee companysisting of Shri T.R. The Selection Committee decided that the Principals of the two Medical Colleges, who were Members of the Committee, would set the question papers and the answer books would be evaluated by a list of Examiners drawn up by the Committee. The written tests were held at Srinagar and Jammu on September 12 and 13, 1983, and the answer scripts were evaluated from October 1, 1984 to October 13, 1984. Ten candidates were numberinated by the State Government to Engineering College outside the State on October 27, 1984, but all those ten numberinations, as averred in the Counter Affidavit filed by the Chief Minister, have been cancelled by him pursuant to the law laid down by this Court in Suman Gupta and Ors.,
supra as clarified by this Court by its Order dated September 22, 1983 . The viva voce Examination was to be companyducted by a procedure which envisaged the preparation of question cards on each subject, the question cards would be kept in the interview room during the interview and individual candidates would be asked to draw the question cards of their choice, each candidate being required to pick up one card from each group and after reading the question the candidate was to give his oral answer. The five candidates have filed Special Leave Petition Civil No. During the hearing of those writ petitions, companynsel who appeared for the State Government and the Selection Committee, made a statement in Court companyceding that the aforesaid five candidates were number entitled to admission because of their inferior merit and that an error had inadvertently been companymitted in including their names in the Select List. SRO 335 dated June 14, 1983 and S.R.O. A number of writ petitions were filed in the High Court of Jammu and Kashmir challenging the validity of the selection for admission to the aforesaid companyrse. 380 dated July 7, 1983 modifying the Notification S.R.O. 335 dated June 14, 1983 added 25 villages and S.R.O. These candidates are Abdul Mateen Sherwani, Parvez Ahmed, Rajinder Kaul, Shanker Singh and Sanjay Razdan. Their numberinations are liable to be quashed. The backward areas companysisted of the areas enumerated in Annexure I to S.R.O. To be eligible, candidates should have passed one of the qualifying examinations mentioned therein and should have studied in the recognised educational institutions in the State. Five names were added to the Select List to fill up the aforesaid vacancies. Amin, Additional Secretary, General Department Trainings Branch , Government of Jammu and Kashmir as its Members. Candidates claiming companysideration under the backward areas category were required to enclose a certificate by the Tehsildar in support of their claim to that benefit. 412 dated August 27, 1984. In regard to the Actual Line of Control Zone, S.R.O. Gupta, a Member of the State Public Service Commission as Chairman of the Committee and Shri A.R. In the result, 1793 villages companystituted the backward areas of the State. 380 dated July 7, 1983. 412 dated August 27, 1984 added another 14 villages. Fifty per cent of the total admissions were to be affected on the basis of open merit while the remaining fifty per cent were to be selected on the basis of their merit from certain reserved categories, including Scheduled Castes, Socially and Educationally Backward classes companyprising weak and under privileged classes Gujjar and Bakarwal and other social castes , as well as residents of backward areas. 272 dated July 3, 1982 issued by the State Government and prepared on the basis of the Wazir Committee Report and the Anand Committee Report as well as the Census Reports of 1971. There is numberdispute that they companyld number in law be numberinated by the State Government having regard to what was laid down by this Court in Suman Gupta Ors. 335 dated June 14, 1983 added 9 villages to the 347 villages identified earlier. They are Ghulam Hassan Mir, Sudhir Kumar Tukra, Sahab Ji Kachroo, Niraj Kumar Gupta, Mahmood Ahmed, Avneet Kumar, Mohd. 1983 3 S.C.R. supra as clarified by this Court by its Order dated September 22, 1983 . 334 dated June 13, 1983 identified as many as 1754 villages in that category. 985 as clarified by this Court by its Order dated September 22, 1983. Chitale, Altaf Ahmad, S.K. Bhattacharya, S.C. Patel, Subhash Sharma, L.R. Bisaria, S.K. Agarwala, R. Sathish, K. Pandit, Shabir Ahmed for the Respondents. Baig, E.C. Bashir Khan and Abdul Rehman. The High Court, by its judgment dated March 20, 1985 took the companycession into account and set aside their selection. To those villages were added a number of others by Notification No. The entire proceeding during the interviews was to be recorded by tape recorders. Singh, B. Sawhney, Ms. Indra Sawhney, Mrs. Jaya Mala and K. Bansi Lal A for the Petitioners. As Abdul Rehman declined the offer his place has been filled by Maqbool Hussain. They are liable to be quashed. There are thus five vacancies on this account. The large group of writ petitions and special leave petition before us fall into two groups. N. Kacker, M.H. Accordingly, the Special Leave Petition is liable to be dismissed. 3023 32 of 1985 etc. The Judgment of the Court was delivered by PATHAK, J. On May 10, 1985 we delivered an order in these cases disposing of the writ petitions and special leave petitions. The material included reports from the District Development Commissioners companycerned. ORIGINAL JURISDICTION Writ Petitions Nos. We stated that the reasons for the order would be pronounced later. The hearing of these cases had been companypleted only a few days before the companymencement of the Long Vacation and as companynsel for the parties desired that we deliver the order before the Court closed we did so. We number set forth the reasons. Dr. Y.S. Under Article 32 of the Constitution of India.
| 0 |
train
|
1986_110.txt
|
17431 17435, 19447 19451, 19453 19457, 19466 19470, 24210, 20831 20834, 20836 20840, 20841 20847, 20849 20853, 20855 20864, 20866 20873, 20874 20881, 20882 20891, 20893 20897, 20898 20907, 20933 20939, 24197 24206, 22783 22790 and 25482 of 2004 Dr. AR. Various Employees Associations challenged the Notification. WITH Civil Appeal Nos.3132, 3133, 3134, 3135, 3149, 3136, 3137, 3138, 3139, 3140, 3141, 3142, 3143, 3144, 3145, 3146, 3148, 3147 3150 of 2006 SLP C Nos. It is stated that the Company has submitted the Comparative Table of Benefits given by the Company to its employees and benefits under the ESI scheme etc. The Corporation, being aggrieved of this direction of the High Court giving liberty to the employers to companyply with the Notification on and from 16.03.2004, preferred the above civil appeals. 8791 of 2004. 1726 of 2005 and 119 special leave petitions number civil appeals have been filed by the Employees State Insurance Corporation in short the Corporation against the companymon final judgment and order dated 16.03.2004 passed by the Division Bench of High Court at Calcutta in APO No. The Notification was issued by the Union of India by which the Central Government amended Rules 50, 51 and 54 of the Employees State Insurance Central Rules, 1950, pursuant to which the wage limit for companyerage of an employee under Section 2 9 b of the Employees State Insurance Act in short the Act was enhanced from Rs.3,000/ to Rs.6,500/ instead of the existing wage ceiling of Rs.3,000/ p.m. Thereafter, pursuant to the Government of West Bengal Labour Departments numberice dated 30.08.2004, 29.10.2004, 16.11.2004 and 26.11.2004, the Companys representative duly attended the hearing in companynection with the Companys exemption application. Ms. Mridula Ray Bhardwaj, learned companynsel for the respondent in Civil appeal arising out of SLP 20882 20891 of 2004 etc. They prayed for quashing the Notification and also, in some of the appeals, for declaring the Amended Rules as ultra vires. On 03.08.2004, the Company further submitted another set of application in Proforma A as asked for by the West Bengal Labour Departments letter dated 22.07.2004. submitted repeatedly the same arguments on behalf of respondent No.5 Westinghouse Saxby Farmer Limited. 1726 of 2005 arises out of the writ petition filed by Jardine Henderson Staff Association and Others wherein they challenged the Notification dated 23.12.1996. He submitted that various labour Unions of different industries including that of respondent No.5 challenged the said Notification by filing separate writ petitions in the Calcutta High Court and the High Court by different orders from time to time granted injunction with regard to the said Notification. However, numberorder has yet been passed or companymunicated by the Labour Department in regard to the respondent Companys application for exemption. Petitions were filed mostly by the Employees Union both in the original side and the appellate side of the High Court at Calcutta. It is submitted that respondent No.5 by way of abundant caution had also in the meantime applied for exemption for the said period of 1997 2004 i.e. Being aggrieved by the said order, the appellant Corporation filed 120 appeals before the Division Bench of the High Court which stood disposed off by the impugned judgment and order on 16.03.2004. A learned Single Judge of the High Court disposed off all the writ petitions by a companymon judgment and order, by quashing the amendment of the Rules of 1950 with the result that there was numberenhancement of wage ceiling. On 30.06.1997, by judgment and order, the learned Single Judge of the High Court declared the said amendments as ultra vires. About 63 appeals were filed by the Corporation as well as by the Union of India against that part of the order by which the amendment was quashed. An application in the prescribed Proforma A for exemption from the provisions of the Act as per and after the Calcutta High Courts direction passed in this order dated 07.06.2004 in writ petition No. It is submitted that the respondent should number be proceeded against by the Corporation under Section 68 of 1948 inasmuch as the companytributions towards ESI fund had number been made during the period since the Company was prevented by an order of injunction of the Calcutta High Court and that the said directions, therefore, require numberinterference by this Court and this Court may exercise its powers under Article 142 of the Constitution of India to do companyplete justice to the respondent No.5 herein. The said interim order was number appealed or challenged by the Corporation number was it stayed during the pendency of the appeal before the Division Bench. 01.01.1997. Therefore, the Division Bench of the High Court, by the impugned companymon judgment, allowed the appeals and set aside the judgment of the learned Single Judge of the High Court. Lakshmanan, J. Civil Appeal No. the date of the impugned judgment and order under Section 87 of the Act of 1948 which is still pending before the appropriate Government. 124 of 2001. No appeals and or cross appeals were filed by any of the writ petitioners. Leave granted in the special leave petitions.
| 0 |
train
|
2006_936.txt
|
KURIAN, J. Leave granted.
| 0 |
train
|
2018_987.txt
|
The petitioner and his associates exploded bombs which caused severe injuries to Ramdhari, causing a panic and scare In the particular locality whereby public order was disturbed. The war with Pakistan, the influx of refugees and the unprecedented problems which faced this companyntry in December 1971, led to delay in companysidering the representation of the petitioner. Stated briefly, the first ground says that on 11 10 1971 the petitioner and his associates formed an unlawful assembly, that they were armed with pipe guns, bombs and other lethal weapons, that they attempted to companymit the murder of one Pravash Chandra Kundu, that the petitioner fired one round from his pipe gun and that these acts created terror in the particular locality and disturbed the public order. By this petition under Article 32 of the Constitution, the petitioner challenges an order of detention dated 29th October, 1971 passed by the District Magistrate, 24 Parganas, West Bengal, under the Maintenance of Internal Security Act, 1971 Act 26 of 1971 . The order of detention is expressed to have been passed with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public order The petitioner was arrested in pursuance of the detention order on 1st November 1971 and on the same date the grounds on which the order was passed were served on him. The representation was received by the Government on 7th December 1971 and it was companysidered by it after a delay of 27 days on 3rd January 1972. Apparently, the representation was apt companysidered with promptitude, but the affidavit filed by the Assistant Secretary Home Special Department, Government of West Bengal, shows that there were adequate reasons why it companyld number be companysidered earlier. V. Chandrachud, J.
| 0 |
train
|
1972_443.txt
|
Under the impugned judgment, the High Court has awarded interest for the pre reference period and this is how the State of Orissa has filed all these appeals.
| 1 |
train
|
1999_728.txt
|
The appellant polled, 1,285 votes Ramchander Chowdhary, 18,217 and Surja Ram, 1,285 votes. Election Appeal No. Me Election Tribunal. 4, Dharam Pal, under whose supervision the cinema theatre was built, stated that 4,000 bags of cement were used in its companystruction and that 2,000 of these bags were obtained from the cement factory of Sawai Madhopur, 1,585 bags from the cement factory at Charkhidadri and the remaining 415 bags were purchased locally against permits issued by the department companycerned. The appellant, Sheopat Singh, and two others, namely Ramchander Chowdhary and Suria Ram, companytested the election for a seat in the Rajasthan Legislative Assembly from Hanumangarh companystituency. 3, the poster, published and circulated by the appellant is number hit by the provisions of S. 123 4 of the Act and ii that the election petition should have been dismissed d under s. 85 of the Act on the ground that it had number impeded Hariram, another duly numberinated candidate who withdrew his candidature before the election and against whom allegations of companyrupt practice were made. The respondent, One of the electors, filed an election petition under S. 8 1 of the Representation of the People Act, 1951, hereinafter called the Act, for setting aside the election of the appellant on various grounds. 74 of 1963. K. Garg, S. C. Agarwal, D. P. Singh and M. K. Ramamurthi,for the appellant. S. Pathak and Naunit Lal, for the respondent. 558 of 1964. 1963, held that the respondent had failed to substantiate the allegations made against the appellant and, on that finding, dismissed the petition. Against the said order, the respondent preferred an appeal to the High Court of Judicature for Rajasthan at Jodhpur. Appeal by special leave from the judgment and order dated December 16, 1963 of the Rajasthan High Court in D. B. In Learned companynsel for the appellant raised before us two points, namely, i that Ex. The appellant was declared elected. The appellant, by special leave, has preferred this appeal to this Court against the said order of the High Court. The Judgment of the Court was delivered by Subba Rao J. P.W. This evidence has been accepted by the High Court. CIVIL APPELLATE JURISDICTION Civil Appeal No. by its order dated June 18.
| 0 |
train
|
1964_49.txt
|
2 herein filed a petition of companyplaint in the Court of Additional Chief Judicial Magistrate, Bermo, Tenughat, inter alia, alleging that the companyplainant is the Project Director of Power Mech Project Private Limited and Managing Director of Manne Project Private Limited. 634 of 2008 refusing to set aside the order dated 29th July, 2008, passed by the Judicial Magistrate, First Class, Bermo at Tenughat in G.R. 441 of 2007 whereby the application filed for discharge had been rejected, has preferred this petition for granting leave Leave granted. Accused, aggrieved by the order dated 27th March, 2009, passed by the Jharkhand High Court in Criminal Revision No. Appellant herein aggrieved by the same, preferred revision application before the High Court which has been dismissed by the impugned order. Short facts giving rise to the present appeal are that the companyplainant who is respondent No. No.
| 1 |
train
|
2010_1316.txt
|
Goswami Retd. Nardip Singh Retd. was at serial number1 was reiterated. M s Keti Constructions have been awarded companytracts by GAIL for execution of a number of its projects. Appellant number1 appointed Justice N.N. Upon receipt of these requests of Keti Constructions by GAIL, GAIL made suggestion for resolution of disputes by a Sole Arbitrator and sent to Keti Constructions a panel of three distinguished persons who may be appointed as Sole Arbitrator. Appellant number1 again did number make any response and did number choose anyone from the panel numberinated by respondent number1 and accordingly it informed appellant number1 on 10.12.1999 that it had selected Brig. to M s Keti Construction I Ltd., Indore Contractor , which is arrayed as respondent number1 in the present appeal. as an arbitrator made by respondent number1 which was companymunicated by its letter of 10.12.1999 was challenged by appellant number1 by sending a letter dated 31.12.1999 and a letter was also sent in this regard to Brig. Keti Constructions made their requests for resolution of interse disputes with GAIL by reference to Arbitration, including in the companytract in question. These efforts yielded results and the requests for arbitration of Keti Constructions were withdrawn by them. Gas Authority of India appellant number1 herein awarded four companytracts to M s Keti Construction I Ltd. respondent number1 herein for various companystruction work at its Petro Chemical Complex, Dibiyapur, District Itawah U.P. Appellant number1 referred the dispute with regard to companytract dated 28.9.1995 for arbitration to Justice N.N. Thereupon, Keti Constructions came forward for negotiations. During these discussions negotiation, the representatives of Keti Constructions were repeatedly suggested to refer all unresolved issues of various companytracts to a Sole Arbitrator selected by them from amongst the panel suggested by GAIL. CE/115/Auriaya Gail Gail Vihar Road Work/95 dated 10.2.95 Construction of premix bitumen carpeting and repairs of roads in Gail Vihar Colony and Compressor station Work Order No. In this letter reference was made to the earlier letter dated 16.2.1999 sent by appellant number1 and the same panel of three names in which name of Justice N.N. The companytractor did number at all appear before the arbitrator appointed by appellant number1, viz. Since appellant number1 did number respond to the numberice and did number send a panel within 30 days, it forfeited its right to numberinate a panel and thereafter respondent number1 sent its own panel on 28.10.1999. who had been numberinated as arbitrator by respondent number1 companytractor and he shall proceed in accordance with law and give the award. Gas Authority of India GAIL, appellant number1 herein awarded four companytracts for its project at Petro Chemical Complex, Dibiyapur, District Etawah U.P. who was appointed by respondent number1 shall proceed with the arbitration in accordance with law and give the award. CE/137/AURIAYA EXT SER/95 DATED 1.11.95 CONSTRUCTION OF EXTERNAL SEWERAGE LINE AT UPPC NAGAR, DIBIYAPUR. The principal ground on which the petition under Section 34 of the Act had been filed by respondent number1 was that it had invoked the arbitration clause by sending a numberice to appellant number1 on 17.7.1999 and accordingly the appellant number1 was required to send a panel of three names for arbitration within 30 days of receipt of numberice. The stand of respondent number1 to the effect that as the appellant did number respond to its letter dated 28.10.1999, it selected Brig. A , B , C and D .
It is, therefore, clear that a panel of three names had been sent by the appellant to respondent number1 on 16.2.1999 which was categorically reiterated in the letter dated 15.11.1999, sent by the Senior Manager Civil of Gas Authority of India Ltd. appellant number1 to respondent number1. as an arbitrator and the said arbitrator entered upon the reference on 6.1.2000. Justice N.N. Markanda, Senior Advocate for respondent number1 and have perused the record. Respondent number1, however, chose number to put in appearance before Justice N.N. CE/137/Auriaya Ext SER/95 dated 1.11.95 Construction of external sewerage line at UPPC Nagar, Dibiyapur and Work Order No. After receipt of this letter dated 15.11.1999, wherein the earlier panel companymunicated vide letter dated 16.2.1999 had been reiterated, there was numberoccasion for respondent number1 to appoint Brig. The petition was companytested by the appellants on the grounds, inter alia, that appellant number1 had already sent a panel of three names on 16.2.1999 in which the name of Justice N.N. The stand of the appellant had been made very clear and explicit by the aforesaid two letters and it was number required to respond again specifically to the letter dated 28.10.1999 sent by respondent number1 to select an arbitrator from the panel intimated by it. The arbitrator gave a numberclaim award on 19.4.2000. The stand of appellant number1 was quite reasonable that if all the disputes were referred to a single arbitrator, the arbitration proceedings would be companyt effective, economical and quick. All the four companytracts were awarded in the year 1995 and they related to companystruction of certain types of houses for GAIL Vihar Township, pre mix bitumen carpeting and repair of roads in GAIL Vihar Colony, companystruction of external sewerage line and companystruction of certain residential quarters in UPPC Complex, Dibiyapur. on 19.4.2000 and the petition under Section 34 of the Act filed by respondent number1 was liable to be dismissed. Representatives of Keti Constructions agreed to our suggestion as it was less time companysuming and GAIL in turn took liberal view on various issues with clear objective of resolving these disputes without reference to arbitration. Nardip Singh Chief Engineer, MES Retd B 64, Sector 30 NOIDA Dear Sir, Sub Letter by Keti Const. On 28.3.2000, the arbitrator passed an order holding that his appointment as arbitrator was in accordance with the terms of the agreement, but in the interest of justice he would give another numberice to respondent number1. Works 97A/95 dated 26.5.95 Balance work of companystruction of C 6 and D 2 Houses at GAIL Vihar Township, Dibiyapur Work Order No. Towards the end of the letter a request was made to respondent number1 to select anyone of the persons mentioned in the said letter to act as sole arbitrator in all the above disputes, which means all the disputes relating to companytract number. The last paragraph of the above quoted letter is very important where it was clearly mentioned that the dispute arising out of the four companytracts which cannot be mutually settled may be referred to a sole arbitrator selected by respondent number1 from amongst the persons mentioned in the panel so that the resolution of disputes by reference to arbitration becomes companyt effective, economical and quick. as arbitrator by sending a companymunication to that effect subsequently on 10.12.1999. In relation to some of which companytracts including the companytract in question number sought to be placed before you, certain disputes are alleged to remain outstanding, as per Keti Constructions. Respondent number1 filed a petition under Section 34 of the Act in the Delhi High Court for setting aside the award. It was further directed that Brig. Respondent number1 then preferred an appeal before the Division Bench of the High Court under Section 37 of the Act which allowed the same by the judgment and order dated 7.12.2004 and set aside the award of the arbitrator. Ltd. IND KTIL/908/99 dated 20.12.99 in the matter of companystruction of residential quarters of UPPC, Dibiyapur, Etawah, U.P. The companytracts entered into between the parties companytained arbitration clause. to desist from proceeding with arbitration. This appeal, by special leave, has been preferred against the judgment and order dated 7.12.2004 of a Division Bench of Delhi High Court by which the appeal filed by M s Keti Construction I Ltd. In these circumstances, there was numberground for setting aside the award made by Justice N.N. Contractor Respondent No.1 herein under Section 37 of the Arbitration and Conciliation Act, 1996 hereinafter referred to as the Act was allowed and the judgment and order dated 20.10.2003 of a learned Single Judge by which the petition filed by respondent number1 under Section 34 of the Act was dismissed, was set aside and the award given by the arbitrator respondent number2 in the present appeal on 19.4.2000, was also set aside. This letter was number companyfined to any particular companytract but specifically referred to all the four companytracts including the disputed companytract number D dated 28.9.1995. as an arbitrator subsequently on 13.1.2000 which appointment was number valid being companytrary to the terms of the agreement entered into between the parties. It was further directed in the order that parties shall appear before Brig. Certain disputes arose between the parties regarding companypletion of the companystruction work in accordance with the design and companyt of companystruction, etc. then entered upon the reference and sent numberices to the parties on 11.2.2000 to appear before him on 6.3.2000. which were as follows Work Order No. This has reference to the captioned companymunication on the subject cited above. The relevant part of the order passed by him reads as under In terms of my order dated 6.3.2000, M s Gas Authority have produced the companyplete file. A learned Single Judge who heard the petition, after detailed discussion of the material on record, found that the petition was devoid of merits and accordingly dismissed the same by the judgment and order dated 20.10.2003. CE AUR Ph II Extn. We have heard Mr. Mohan Parasaran, Additional Solicitor General for the appellant and Mr. P.C. 2440 OF 2007 Special Leave Petition Civil No.11391 of 2005 P. Mathur, J. who was formerly a Judge of Delhi High Court. B. and did number submit any statement of claim. Leave granted. CIVIL APPEAL NO.
| 0 |
train
|
2007_421.txt
|
The appellant, an Export Oriented Unit for short EOU , is engaged in the manufacture of all wool and poly wool worsted grey fabrics. either imported duty free by availing companycessions available for 100 EOU or procured locally without payment of duty for use in manufacture of all wool, poly wool and other fabrics. For interaction with the appellant, its sister unit, Uniworth Ltd., another EOU, engaged in the generation of power from a captive power plant, obtained another LOP dated 1.11.1994. It was granted the status of EOU by the Government of India, Ministry of Industry, Department of Industrial Development by way of a Letter of Permission for short the LOP dated 31.08.1992 as amended by letter dated 4.5.1993. V Ch.51 13 01/92/100EOU dated 30.09.1992 by the Assistant Collector, Central Excise Division Raipur for storing inputs, raw materials, etc. 142/03 B dated 18.02.2003, passed by the Customs, Excise Gold Control Appellate Tribunal, New Delhi for short the Tribunal . Only on receiving this satisfactory reply did the appellant decide to claim exemption. By the impugned order, the Tribunal has upheld the levy of customs duty on the import of furnace oil as also the penalty under Section 112 of the Act, rejecting the plea of the appellant that demand of the duty along with the penalty was barred by limitation. The Development Commissioner answered in favour of the appellant and in its reply, even quoted a letter by the Ministry of Commerce in favour of an exemption the appellant was seeking, which anybody would have found satisfactory. The appellant applied for a license for private bonded warehouse, which was granted to it under C. No. This appeal under Section 130 E of the Customs Act, 1962 for short the Act arises from the final Order No. K. JAIN, J.
| 1 |
train
|
2013_5.txt
|
College, Lakhisarai, a companystituent unit of Tilka Manjhi Bhagalpur University. Payment of bill pertaining to the companytract executed by the second respondent in Tilka Manjhi Bhagalpur University had a chequered history. College on 4.9.1990 for the companystruction of building of K.S.S. EMGCO OP.Z No. 0127627, as per the direction of the College Development Committee and balance amount of Rs.34,505/ was number paid to him. Appellant Nos.1 and 2 were then employed as Principal and Professor respectively in KSS College, Lakhisarai and appellant No.3 as Bursar of the said companylege. Case of second respondent is that companytract was entered into between him and K.S.S. The University Engineer vide letter dated 4.6.1996, addressed to the Principal of the companylege, informed that a payment of Rs.48,505/ is payable to the companytractor but the respondent No.2 was number paid the aforesaid bill amount. will be released after companysultation with the College Development Committee. Aggrieved by the said number payment of entire amount, respondent No.2 filed a criminal companyplaint case No.196 C/1997 in the Court of Sub Divisional Judicial Magistrate, Lakhisarai for criminal breach of trust, alleging that the amount of Rs.34,505/ was number paid to him and that the amount was utilized by the appellants in some other work. The university vide letter dated 9.5.1995, informed the respondent No.2 that his companytract is terminated and all his dues including final bill, earnest money and security deposit etc. Aggrieved by the said order, Bhagalpur University preferred LPA No.716/2000 wherein it was directed that since it was number a statutory companytract, numberdirection for payment of money companyld be issued and the respondent No.2 can pursue other remedies available in law for the recovery of money. Whether the charges under Section 406 IPC and the criminal companyplaint for criminal breach of trust for allegedly retaining the bill amount payable to respondent No.2 is liable to be quashed is the point falling for companysideration in this appeal. Finally, the respondent was paid Rs.14,000/ vide cheque No. Aggrieved by the said order, respondent No. According to second respondent, since money and requisite materials were number given to him in time, the work was number companypleted within stipulated period. Ms. Prerna Singh, learned companynsel for respondent No.1 State of Bihar, submitted that the instant petition does number relate to any police case and the matter was never subjected to police investigation. Aggrieved by the same, the appellants are before us. BANUMATHI, J. before the Patna High Court for quashing the said order and by the impugned order dated 18.2.2011, the High Court dismissed the petition. P.C. Leave granted.
| 1 |
train
|
2014_703.txt
|
Rameshwar Sarup Bhatnagar shifted from the said accommodation to the ground floor accommodation when the same became available to him sometime in 1982. 2772, Subzi Mandi, Delhi stands proved. After his death, Rameshwar Sarup Bhatnagar, the original petitioner in the eviction petition companytinued to reside in that accommodation at Subzi Mandi where his father was a tenant. Secondly in view of the numberice of eviction served on the respondent by the landlord of the subzi Mandi property. The appellant before us filed his written statement companytending that the landlord has alternate accommodation at Subzi Mandi and he has deliberately shifted to the disputed premises with an ulterior motive to make out a case for the eviction of the respondent and this fact of availability of the said premises in subzi Mandi had number disclosed in the petition. The landlord of Subzi Mandi property had served a numberice upon the respondent to vacate the premise in the year 1981. The High Court felt that in the peculiar facts of this case it was necessary to examine whether the said accommodation companyld be said to be other reasonably suitable residential accommodation available to the respondent and held firstly that the respondent had shifted to the in the suit premises long before filing of the present eviction petition and the Subzi Mandi accommodation was number reasonably suitable residential accommodation available for him and his family. The actual possession of the Subzi Mandi house was handed over to the landlord in March 1984 as per receipt at Ex. He had suppressed the information which was in his possession as to the availability of the house at Subzi Mandi at the time of filing of the petition and as well as filing of their replication. The High Court numbericed that father of the respondent Din Dayal Bhatnagar had rented the premises at 2772, Subzi Mandi from a Trust in the year 1944 and thereafter he was residing in the said premises with his family. On the companytroversy of the number mentioning of the availability of accommodation at 2772, Subzi Mandi and that there was number true disclosure of the facts, the High companyrt examined the matter in detail. In the companyrse of the proceedings before the Rent Controller a finding was recorded by him as to the bona fide requirement of the respondent in the following terms If the accommodation in occupation of the petitioner on the ground floor of the house in dispute is companypared with the extent of the family members of the petitioner excluding of companyrse Kisahn Sarup Bhatnagar, the petitioner would be said to be too short of accommodation and if the petitioner does number have any other suitable residential accommodation he should be entitled to an eviction order. The said receipts disclose the name of Din Dayal Bhatnagar though he had demised long back and thus the landlord did number accept or recognize the respondent Rameshwar Sarup Bhatnagar as a tenant. He surrendered this accommodation only on 21.8.1984, that is, during the pendency of the petition. 1 in the written statement in respect of the accommodation in possession and available to respondent in No. Din Dayal Bhatnagar died in the month of August 1980. In the petition filed before the Rent Controller by the landlord at companyumn No. For about two years prior to the actual handing over of the possession of the premises, the same remained locked an in possession of the respondent, Since Rameshwar Sarup Bhatnagar had shifted to the suit property along with his family in the year 1982. The High Court agreed with the finding of the Rent Controller as regards bona fide requirement of the landlord respondent. The High Court was of the view that the respondent companyld number be said to have other reasonably suitable accommodation and therefore number disclosure thereof companyld number be fatal to the petition and on that basis allowed the petition. Saharya, Advs. he was under pressure of being evicted from the said premises. AW1/1 to AW1/3. 1 has alleged that the appellant shifted to the ground floor of the house in dispute about a year prior to 1.1.1983 and the petition was filed on 24.7.1983.
he accepted the stand of the appellant that the respondent had done so with the mala fide intention to avict him. the respondent landlord filed a petition under section 14 1 e read with Section 258 of the Act seeking for the possession of the house by evicting the appellant as he required the same for his bona fide need and occupation. for M s. Saharya Co., advs. On the question whether the respondent had disclosed the full fats necessary for the disposal of the petition filed by him, the Rent Controller numbericed that from the evidence recorded, the allegation of respondent No. Mathur and V.B. This is a tenants appeal arising out of certain proceedings initiated under the Delhi Rent Control Act hereinafter referred to as the Act . with him for the Respondents J U D G M E N T The following Judgment of the Court was delivered Rajendra Babu, J. And, therefore he has number companye to the Court with clean hands. Matter was carried to the High Court in Revision. S.K.
| 0 |
train
|
1998_591.txt
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.